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U.S. Code as of:
01/19/04
Section 2903. Implementation of trade agreements
(a) In general
(1) Any agreement entered into under section 2902(b) or (c) 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 he enters into the trade agreement, notifies the House of
Representatives and the Senate of his intention to enter into the
agreement, and promptly thereafter publishes notice of such
intention in the Federal Register;
(B) after entering into the agreement, the President submits a
document to the House of Representatives and to the Senate
containing a copy of the final legal text of the agreement,
together with -
(i) a draft of an implementing bill,
(ii) a statement of any administrative action proposed to
implement the trade agreement, and
(iii) the supporting information described in paragraph (2);
and
(C) the implementing bill is enacted into law.
(2) The supporting information required under paragraph
(1)(B)(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, and objectives of this
title,
(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), and why and to what extent the
agreement does not achieve other applicable purposes,
policies, and objectives,
(II) how the agreement serves the interests of United
States commerce, and
(III) why the implementing bill and proposed administrative
action is required or appropriate to carry out the agreement;
(iii) describing the efforts made by the President to obtain
international exchange rate equilibrium and any effect the
agreement may have regarding increased international monetary
stability; and
(iv) describing the extent, if any, to which -
(I) each foreign country that is a party to the agreement
maintains non-commercial state trading enterprises that may
adversely affect, nullify, or impair the benefits to the
United States under the agreement, and
(II) the agreement applies to or affects purchases and
sales by such enterprises.
(3) To ensure that a foreign country which receives benefits
under a trade agreement entered into under section 2902(b) or (c)
of this title is subject to the obligations imposed by such
agreement, the President shall recommend to Congress in the
implementing bill and statement of administrative action submitted
with respect to such agreement that the benefits and obligations of
such agreement apply solely to the parties to such agreement, if
such application is consistent with the terms of such agreement.
The President may also recommend with respect to any such agreement
that the benefits and obligations of such agreement not apply
uniformly to all parties to such agreement, if such application is
consistent with the terms of such agreement.
(b) Application of Congressional "fast track" procedures to
implementing bills
(1) Except as provided in subsection (c) of this section -
(A) the provisions of section 2191 of this title (hereinafter
in this section referred to as "fast track procedures") apply to
implementing bills submitted with respect to trade agreements
entered into under section 2902(b) or (c) of this title before
June 1, 1991; and
(B) such fast track procedures shall be extended to
implementing bills submitted with respect to trade agreements
entered into under section 2902(b) or (c) of this title after May
31, 1991, and before June 1, 1993, if (and only if) -
(i) the President requests such extension under paragraph
(2); and
(ii) neither House of the Congress adopts an extension
disapproval resolution under paragraph (5) before June 1, 1991.
(2) If the President is of the opinion that the fast track
procedures should be extended to implementing bills described in
paragraph (1)(B), the President must submit to the Congress, no
later than March 1, 1991, a written report that contains a request
for such extension, together with -
(A) a description of all trade agreements that have been
negotiated under section 2902(b) or (c) of this title and the
anticipated schedule for submitting such agreements to the
Congress for approval;
(B) a description of the progress that has been made in
multilateral and bilateral negotiations to achieve the purposes,
policies, and objectives of this title, and a statement that such
progress justifies the continuation of negotiations; and
(C) a statement of the reasons why the extension is needed to
complete the negotiations.
(3) The President shall promptly inform the Advisory Committee
for Trade Policy and Negotiations established under section 2155 of
this title of his decision to submit a report to Congress under
paragraph (2). The Advisory Committee shall submit to the Congress
as soon as practicable, but no later than March 1, 1991, a written
report that contains -
(A) its views regarding the progress that has been made in
multilateral and bilateral negotiations to achieve the purposes,
policies, and objectives of this title; and
(B) a statement of its views, and the reasons therefor,
regarding whether the extension requested under paragraph (2)
should be approved or disapproved.
(4) The reports submitted to the Congress under paragraphs (2)
and (3), or any portion of the reports, may be classified to the
extent the President determines appropriate.
(5)(A) For purposes of this subsection, the term "extension
disapproval resolution" means a resolution of either House of the
Congress, the sole matter after the resolving clause of which is as
follows: "That the disapproves the request of the
President for the extension, under section 1103(b)(1)(B)(i) of the
Omnibus Trade and Competitiveness Act of 1988, of the provisions of
section 151 of the Trade Act of 1974 to any implementing bill
submitted with respect to any trade agreement entered into under
section 1102(b) or (c) of such Act after May 31, 1991, because
sufficient tangible progress has not been made in trade
negotiations.", with the blank space being filled with the name of
the resolving House of the Congress.
(B) Extension disapproval resolutions -
(i) may be introduced in either House of the Congress by any
member of such House; and
(ii) shall be jointly referred, in the House of
Representatives, to the Committee on Ways and Means and the
Committee on Rules.
(C) 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 extension disapproval resolutions.
(D) It is not in order for -
(i) the Senate to consider any extension disapproval resolution
not reported by the Committee on Finance;
(ii) the House of Representatives to consider any extension
disapproval resolution not reported by the Committee on Ways and
Means and the Committee on Rules; or
(iii) either House of the Congress to consider an extension
disapproval resolution that is reported to such House after May
15, 1991.
(c) Limitations on use of "fast track" procedures
(1)(A) The fast track procedures shall not apply to any
implementing bill submitted with respect to a trade agreement
entered into under section 2902(b) or (c) of this title if both
Houses of the Congress separately agree to procedural disapproval
resolutions within any 60-day period.
(B) Procedural disapproval resolutions -
(i) in the House of Representatives -
(I) shall be introduced by the chairman or ranking minority
member of the Committee on Ways and Means or the chairman or
ranking minority member of the Committee on Rules,
(II) shall be jointly referred to the Committee on Ways and
Means and the Committee on Rules, and
(III) may not be amended by either Committee; and
(ii) in the Senate shall be original resolutions of the
Committee on Finance.
(C) 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 procedural disapproval resolutions.
(D) 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 the Committee on Rules.
(E) For purposes of this subsection, the term "procedural
disapproval resolution" means a resolution of either House of the
Congress, the sole matter after the resolving clause of which is as
follows: "That the President has failed or refused to consult with
Congress on trade negotiations and trade agreements in accordance
with the provisions of the Omnibus Trade and Competitiveness Act of
1988, and, therefore, the provisions of section 151 of the Trade
Act of 1974 shall not apply to any implementing bill submitted with
respect to any trade agreement entered into under section 1102(b)
or (c) of such Act of 1988, if, during the 60-day period beginning
on the date on which this resolution is agreed to by the
, the agrees to a procedural disapproval resolution
(within the meaning of section 1103(c)(1)(E) of such Act of
1988).", with the first blank space being filled with the name of
the resolving House of the Congress and the second blank space
being filled with the name of the other House of the Congress.
(2) The fast track procedures shall not apply to any implementing
bill that contains a provision approving of any trade agreement
which is entered into under section 2902(c) of this title with any
foreign country if either -
(A) the requirements of section 2902(c)(3) of this title are
not met with respect to the negotiation of such agreement; or
(B) the Committee on Finance of the Senate or the Committee on
Ways and Means of the House of Representatives disapproves of the
negotiation of such agreement before the close of the 60-day
period which begins on the date notice is provided under section
2902(c)(3)(C)(i) of this title with respect to the negotiation of
such agreement.
(d) Rules of House of Representatives and Senate
Subsections (b) and (c) of this section 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 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
(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.
(e) Computation of certain periods of time
Each period of time described in subsection (c)(1)(A) and (E) and
(2) of this section shall be computed without regard to -
(1) the days on which either House of Congress is not in
session because of an adjournment of more than 3 days to a day
certain or an adjournment of the Congress sine die; and
(2) any Saturday and Sunday, not excluded under paragraph (1),
when either House of the Congress is not in session.
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