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U.S. Code as of:
01/19/04
Section 3805. Implementation of trade agreements
(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,
aand (!1) 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.
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