19 USC 4205 - Implementation of trade agreements

U.S Code last checked for updates: Nov 22, 2024

§ 4205.

Implementation of trade agreements

(a)

In general

(1)

Notification and submission

Any agreement entered into under section 4202(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)

the President, at least 60 days before the day on which the President enters into the agreement, publishes the text of the agreement on a publicly available Internet website of the Office of the United States Trade Representative;

(C)

within 60 days after entering into the agreement, the President submits to 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;

(D)

the President, at least 30 days before submitting to Congress the materials under subparagraph (E), submits to Congress—

(i)

a draft statement of any administrative action proposed to implement the agreement; and

(ii)

a copy of the final legal text of the agreement;

(E)

after entering into the agreement, the President submits to 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 4202(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)(A);

(F)

the implementing bill is enacted into law; and

(G)

the President, not later than 30 days before the date on which the agreement enters into force with respect to a party to the agreement, submits written notice to Congress that the President has determined that the party has taken measures necessary to comply with those provisions of the agreement that are to take effect on the date on which the agreement enters into force.

(2)

Supporting information

(A)

In general

The supporting information required under paragraph (1)(E)(iii) consists of—

(i)

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

(ii)

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—

(aa)

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

(bb)

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

(cc)

how the agreement serves the interests of United States commerce; and

(dd)

how the implementing bill meets the standards set forth in section 4202(b)(3) of this title.

(B)

Public availability

(3)

Reciprocal benefits

(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 Congress enacts an implementing bill under trade authorities procedures; and

(B)

is not disclosed to 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 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

(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 Congressional Trade Priorities and Accountability Act of 2015 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) and paragraphs (3)(C) and (4)(C), the President has “failed or refused to notify or consult in accordance with the Bipartisan Congressional Trade Priorities and Accountability Act of 2015” 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 sections 4203 and 4204 of this title and this section with respect to the negotiations, agreement, or agreements;

(II)

guidelines under section 4203 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 House Advisory Group on Negotiations or the Senate Advisory Group on Negotiations pursuant to a request made under section 4203(c)(4) 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 subsections (d) and (e) of section 2192 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 clause (ii) of section 4204(b)(3)(B) 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 (vii) of such section.

(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)

Consideration in Senate of consultation and compliance resolution to remove trade authorities procedures

(A)

Reporting of resolution

(B)

Applicability of trade authorities procedures

(C)

Resolution described

(D)

Procedures

(4)

Consideration in the House of Representatives of a consultation and compliance resolution

(A)

If—

(i)

the Committee on Ways and Means of the House of Representatives reports an implementing bill with respect to a trade agreement or agreements entered into under section 4202(b) of this title with other than a favorable recommendation; and

(ii)

a Member of the House of Representatives has introduced a consultation and compliance resolution on the legislative day following the filing of a report to accompany the implementing bill with other than a favorable recommendation,

then the Committee on Ways and Means shall consider a consultation and compliance resolution pursuant to subparagraph (B).

(B)

Committee consideration of a qualifying resolution

(i)

Not later than the fourth legislative day after the date of introduction of the resolution, the Committee on Ways and Means shall meet to consider a resolution meeting the qualifications set forth in subparagraph (A).

(ii)

After consideration of one such resolution by the Committee on Ways and Means, this subparagraph shall not apply to any other such resolution.

(iii)

If the Committee on Ways and Means has not reported the resolution by the sixth legislative day after the date of its introduction, that committee shall be discharged from further consideration of the resolution.

(C)

Consultation and compliance resolution described

A consultation and compliance resolution—

(i)

is a resolution of the House of Representatives, 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 Congressional Trade Priorities and Accountability Act of 2015 on negotiations with respect to _____ and, therefore, the trade authorities procedures under that Act shall not apply in the House of Representatives 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 described in subparagraph (A); and

(ii)

shall be referred to the Committee on Ways and Means.

(D)

Applicability of trade authorities procedures

(5)

For failure to meet other requirements

(6)

Limitations on procedures with respect to agreements with countries not in compliance with Trafficking Victims Protection Act of 2000

(A)

In general

(B)

Exception

(i)

Invoking exception

(ii)

Content of letter; public availability

A letter submitted under clause (i) with respect to a country shall—

(I)

include a description of the concrete actions that the country has taken to implement the principal recommendations described in clause (i);

(II)

be accompanied by supporting documentation providing credible evidence of each such concrete action, including copies of relevant laws or regulations adopted or modified, and any enforcement actions taken, by that country, where appropriate; and

(III)

be made available to the public.

(C)

Special rule for changes in certain determinations

If a country is listed as a tier 3 country in an annual report on trafficking in persons submitted in calendar year 2014 or any calendar year thereafter and, in the annual report on trafficking in persons submitted in the next calendar year, is listed on the tier 2 watch list, the President shall submit a detailed description of the credible evidence supporting the change in listing of the country, accompanied by copies of documents providing such evidence, where appropriate, to the appropriate congressional committees—

(i)

in the case of a change in listing reflected in the annual report on trafficking in persons submitted in calendar year 2015, not later than 90 days after February 24, 2016; and

(ii)

in the case of a change in listing reflected in an annual report on trafficking in persons submitted in calendar year 2016 or any calendar year thereafter, not later than 90 days after the submission of that report.

(D)

Sense of Congress

(E)

Definitions

In this paragraph:

(i)

Annual report on trafficking in persons

(ii)

Appropriate congressional committees

The term “appropriate congressional committees” means—

(I)

the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and

(II)

the Committee on Finance and the Committee on Foreign Relations of the Senate.

(iii)

Tier 2 watch list

(iv)

Tier 3 country

(c)

Rules of House of Representatives and Senate

Subsection (b) of this section, section 4202(c) of this title, and section 4204(b)(3) of this title are enacted by 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. 114–26, title I, § 106, June 29, 2015, 129 Stat. 350; Pub. L. 114–125, title IX, § 914(e), (f)(2), Feb. 24, 2016, 130 Stat. 274, 276.)

cite as: 19 USC 4205