§ 3805. Implementation of trade agreements

113,578 words·~516 min read·/usc/title-19/section-3805

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(a)In general

(1)Notification and submission Any agreement entered into under section 3803(b) of this title shall enter into force with respect to the United States if (and only if)—

(A)the President, at least 90 calendar days before the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate of the President’s intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register;

(B)within 60 days after entering into the agreement, the President submits to the Congress a description of those changes to existing laws that the President considers would be required in order to bring the United States into compliance with the agreement;

(C)after entering into the agreement, the President submits to the Congress, on a day on which both Houses of Congress are in session, a copy of the final legal text of the agreement, together with—

(i)a draft of an implementing bill described in section 3803(b)(3) of this title;

(ii)a statement of any administrative action proposed to implement the trade agreement; and

(iii)the supporting information described in paragraph (2); and

(D)the implementing bill is enacted into law.

(2)Supporting information The supporting information required under paragraph (1)(C)(iii) consists of—

(A)an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and

(B)a statement—

(i)asserting that the agreement makes progress in achieving the applicable purposes, policies, priorities, and objectives of this chapter; and

(ii)setting forth the reasons of the President regarding—

(I)how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in clause (i);

(II)whether and how the agreement changes provisions of an agreement previously negotiated;

(III)how the agreement serves the interests of United States commerce;

(IV)how the implementing bill meets the standards set forth in section 3803(b)(3) of this title; and

(V)how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in section 3802(c) of this title regarding the promotion of certain priorities.

(3)Reciprocal benefits In order to ensure that a foreign country that is not a party to a trade agreement entered into under section 3803(b) of this title does not receive benefits under the agreement unless the country is also subject to the obligations under the agreement, the implementing bill submitted with respect to the agreement shall provide that the benefits and obligations under the agreement apply only to the parties to the agreement, if such application is consistent with the terms of the agreement. The implementing bill may also provide that the benefits and obligations under the agreement do not apply uniformly to all parties to the agreement, if such application is consistent with the terms of the agreement.

(4)Disclosure of commitments Any agreement or other understanding with a foreign government or governments (whether oral or in writing) that—

(A)relates to a trade agreement with respect to which the Congress enacts an implementing bill under trade authorities procedures, and

(B)is not disclosed to the Congress before an implementing bill with respect to that agreement is introduced in either House of Congress,

shall not be considered to be part of the agreement approved by the Congress and shall have no force and effect under United States law or in any dispute settlement body.

(b)Limitations on trade authorities procedures

(1)For lack of notice or consultations

(A)In general The trade authorities procedures shall not apply to any implementing bill submitted with respect to a trade agreement or trade agreements entered into under section 3803(b) of this title if during the 60-day period beginning on the date that one House of Congress agrees to a procedural disapproval resolution for lack of notice or consultations with respect to such trade agreement or agreements, the other House separately agrees to a procedural disapproval resolution with respect to such trade agreement or agreements.

(B)Procedural disapproval resolution

(i)For purposes of this paragraph, the term “procedural disapproval resolution” means a resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: “That the President has failed or refused to notify or consult in accordance with the Bipartisan Trade Promotion Authority Act of 2002 on negotiations with respect to ______ and, therefore, the trade authorities procedures under that Act shall not apply to any implementing bill submitted with respect to such trade agreement or agreements.”, with the blank space being filled with a description of the trade agreement or agreements with respect to which the President is considered to have failed or refused to notify or consult.

(ii)For purposes of clause (i), the President has “failed or refused to notify or consult in accordance with the Bipartisan Trade Promotion Authority Act of 2002” on negotiations with respect to a trade agreement or trade agreements if—

(I)the President has failed or refused to consult (as the case may be) in accordance with section 3804 of this title or this section with respect to the negotiations, agreement, or agreements;

(II)guidelines under section 3807(b) of this title have not been developed or met with respect to the negotiations, agreement, or agreements;

(III)the President has not met with the Congressional Oversight Group pursuant to a request made under section 3807(c) of this title with respect to the negotiations, agreement, or agreements; or

(IV)the agreement or agreements fail to make progress in achieving the purposes, policies, priorities, and objectives of this chapter.

(2)Procedures for considering resolutions

(A)Procedural disapproval resolutions—

(i)in the House of Representatives—

(I)may be introduced by any Member of the House;

(II)shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and

(III)may not be amended by either Committee; and

(ii)in the Senate—

(I)may be introduced by any Member of the Senate;

(II)shall be referred to the Committee on Finance; and

(III)may not be amended.

(B)The provisions of section 2192(d) and

(e)of this title (relating to the floor consideration of certain resolutions in the House and Senate) apply to a procedural disapproval resolution introduced with respect to a trade agreement if no other procedural disapproval resolution with respect to that trade agreement has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, and if no resolution described in section 3804(d)(3)(C)(ii) of this title with respect to that trade agreement has been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, pursuant to the procedures set forth in clauses

(iii)through

(vi)of such section 3804(d)(3)(C) of this title.

(C)It is not in order for the House of Representatives to consider any procedural disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules.

(D)It is not in order for the Senate to consider any procedural disapproval resolution not reported by the Committee on Finance.

(3)For failure to meet other requirements Not later than December 31, 2002, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the United States Trade Representative, shall transmit to the Congress a report setting forth the strategy of the executive branch to address concerns of the Congress regarding whether dispute settlement panels and the Appellate Body of the WTO have added to obligations, or diminished rights, of the United States, as described in section 3801(b)(3) of this title. Trade authorities procedures shall not apply to any implementing bill with respect to an agreement negotiated under the auspices of the WTO unless the Secretary of Commerce has issued such report in a timely manner.

(c)Rules of House of Representatives and Senate Subsection

(b)of this section, section 3803(c) of this title, and section 3804(d)(3)(C) of this title are enacted by the Congress—

(1)as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are 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

(2)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.

(Pub. L. 107–210, div. B, title XXI, § 2105, Aug. 6, 2002, 116 Stat. 1013; Pub. L. 108–429, title II, § 2004(a)(18), Dec. 3, 2004, 118 Stat. 2591.)