Sec. 4. Negotiating and trade agreements authority for certain plurilateral agreements with benefits applying only to signatories of those agreements
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In order to enhance the economic well-being of the United States, the President shall initiate negotiations for a covered plurilateral trade agreement under this section when the President determines that it is in the national interest to do so. The President may not initiate negotiations for a covered plurilateral trade agreement under this section until the date on which the United States Trade Representative provides the briefing required by section 3(a). To strengthen the economic competitiveness of the United States by improving trade relations with countries similarly interested, the President may enter into covered plurilateral trade agreements in a sector of the economy specified in subsection (d).
The authority under paragraph
(1)terminates on July 1, 2028. Subject to paragraph (2), the President may proclaim such modification or continuance of any existing duty or continuance of existing duty-free or excise treatment as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). Substantial modifications to, or substantial additional provisions of, an agreement entered into after July 1, 2028, are not covered by the authority under paragraph (1). A sector of the economy specified in this subsection is any of the following sectors: E-commerce and digital services. Pharmaceuticals and medical countermeasures. Environmental goods. Services. Any sector that is subject to substantial interference by a foreign government, including through excessive subsidies or state-owned enterprises. The President shall consult with Congress regarding, and notify Congress of, the intention of the President to enter into an agreement under subsection
(b)or to make a proclamation under subsection (c). Subject to paragraph (2), the President may determine which foreign countries or foreign territories to negotiate with toward an agreement under this section and, after the implementation of any such agreement, the President may, as conditions warrant, identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. The President may not negotiate an agreement under this section with a foreign country or foreign territory determined to be a non-market economy country pursuant to section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) ). A foreign country or foreign territory described in subparagraph
(A)may accede to a completed agreement negotiated pursuant to this section after entry into force of the agreement if a joint resolution is first enacted approving the accession of that country to the agreement. The provisions of section 151 of the Trade Act of 1974 ( 19 U.S.C. 2191 ) apply to a bill of either House of Congress which contains provisions described in subparagraph
(B)to the same extent as such section 151 applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in this section be referred to as an implementing bill . The provisions described in this subparagraph are— a provision approving a trade agreement entered into under this section and approving the statement of administrative action, if any, proposed to implement such trade agreement; and if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. The procedures under paragraph
(1)apply to implementing bills submitted with respect to trade agreements entered into under this section before July 1, 2028. An agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (g), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4201 et seq. ) are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act ( 19 U.S.C. 4202(b) ), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): The trade negotiating objectives under section 102 of that Act ( 19 U.S.C. 4201 ). The congressional oversight and consultation requirements under section 104 of that Act ( 19 U.S.C. 4203 ). The notification, consultation, and reporting requirements under section 105 of that Act ( 19 U.S.C. 4204 ). The implementation procedures under section 106 of that Act ( 19 U.S.C. 4205 ). In this section: The term covered plurilateral trade agreement means a sector-specific agreement within the framework of the World Trade Organization involving foreign countries or foreign territories that form a subset of the members of the World Trade Organization that does not extend benefits on a most favored nation basis. The term most favored nation , with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement.
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U.S. Code
- Definitions; special rules§ 1677
- Bills implementing trade agreements on nontariff barriers and resolutions approving commercial agreements with Communist countries§ 2191
- Trade negotiating objectives§ 4201
- Trade agreements authority§ 4202
- Congressional oversight, consultations, and access to information§ 4203
- Notice, consultations, and reports§ 4204
- Implementation of trade agreements§ 4205
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Sec. 4
Negotiating and trade agreements authority for certain plurilateral agreements with benefits applying only to signatories of those agreements
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