19 U.S.C. § 2903 — Implementation of trade agreements

Page 817 TITLE 19—CUSTOMS DUTIES § 2903 (d) Consultation with Congress before agree- ments entered into (1) Before the President enters into any trade agreement under subsection (b) or (c), the Presi- dent shall consult with— (A) the Committee on Ways and Means of the House of Representatives and the Com- mittee on Finance of the Senate; and (B) each other committee of the House and the Senate, and each joint committee of the Congress, which has jurisdiction over legisla- tion involving subject matters which would be affected by the trade agreement. (2) The consultation under paragraph (1) shall include— (A) the nature of the agreement; (B) how and to what extent the agreement will achieve the applicable purposes, policies, and objectives of this title; and (C) all matters relating to the implementa- tion of the agreement under section 2903 of this title. (3) If it is proposed to implement two or more trade agreements in a single implementing bill under section 2903 of this title, the consultation under paragraph (1) shall include the desir- ability and feasibility of such proposed imple- mentation. (e) Special provisions regarding Uruguay Round trade negotiations (1) In general Notwithstanding the time limitations in subsections (a) and (b), if the Uruguay Round of multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade has not resulted in trade agree- ments by May 31, 1993, the President may, dur- ing the period after May 31, 1993, and before April 16, 1994, enter into, under subsections (a) and (b) of this section, trade agreements re- sulting from such negotiations. (2) Application of tariff proclamation authority No proclamation under subsection (a) to carry out the provisions regarding tariff bar- riers of a trade agreement that is entered into pursuant to paragraph (1) may take effect be- fore the effective date of a bill that imple- ments the provisions regarding nontariff bar- riers of a trade agreement that is entered into under such paragraph. (3) Application of implementing and ‘‘fast track’’ procedures Section 2903 of this title applies to any trade agreement negotiated under subsection (b) pursuant to paragraph (1), except that— (A) in applying subsection (a)(1)(A) of sec- tion 2903 of this title to any such agreement, the phrase ‘‘at least 120 calendar days before the day on which he enters into the trade agreement (but not later than December 15, 1993),’’ shall be substituted for the phrase ‘‘at least 90 calendar days before the day on which he enters into the trade agreement,’’; and (B) no provision of subsection (b) of sec- tion 2903 of this title other than paragraph (1)(A) applies to any such agreement and in applying such paragraph, ‘‘April 16, 1994;’’ shall be substituted for ‘‘June 1, 1991;’’. (4) Advisory committee reports The report required under section 2155(e)(1) of this title regarding any trade agreement provided for under paragraph (1) shall be pro- vided to the President, the Congress, and the United States Trade Representative not later than 30 days after the date on which the Presi- dent notifies the Congress under section 2903(a)(1)(A) of this title of his intention to enter into the agreement (but before January 15, 1994). (Pub. L. 100–418, title I, § 1102, Aug. 23, 1988, 102 Stat. 1126; Pub. L. 101–382, title I, § 139(b), Aug. 20, 1990, 104 Stat. 653; Pub. L. 103–49, § 1, July 2, 1993, 107 Stat. 239.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsecs. (a)(1), (b)(1), and (d)(2)(B), is title I (§ 1001 et seq.) of Pub. L. 100–418, see note below. For complete classification of this title to the Code, see Tables. This Act, referred to in subsec. (c)(5), is Pub. L. 100–418, Aug. 23, 1988, 102 Stat. 1107, known as the Omni- bus Trade and Competitiveness Act of 1988. For com- plete classification of this Act to the Code, see Tables. AMENDMENTS 1993—Subsec. (e). Pub. L. 103–49 added subsec. (e). 1990—Subsec. (c)(4). Pub. L. 101–382 substituted ‘‘para- graph (3)(C)’’ for ‘‘paragraph (3)(B)’’ and ‘‘2903(e)’’ for ‘‘2903(f)’’. § 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 Rep- resentatives and the Senate of his intention to enter into the agreement, and promptly there- after 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 ac- tion proposed to implement the trade agree- ment, 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 imple- menting bill and proposed administrative ac- tion will change or affect existing law; and (B) a statement— (i) asserting that the agreement makes progress in achieving the applicable pur- poses, policies, and objectives of this title, Page 818 TITLE 19—CUSTOMS DUTIES § 2903 (ii) setting forth the reasons of the Presi- dent regarding— (I) how and to what extent the agree- ment makes progress in achieving the ap- plicable 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 inter- ests of United States commerce, and (III) why the implementing bill and pro- posed 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 agree- ment may have regarding increased inter- national monetary stability; and (iv) describing the extent, if any, to which— (I) each foreign country that is a party to the agreement maintains non-commer- cial state trading enterprises that may ad- versely affect, nullify, or impair the bene- fits to the United States under the agree- ment, and (II) the agreement applies to or affects purchases and sales by such enterprises. (3) To ensure that a foreign country which re- ceives 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 state- ment 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 applica- tion is consistent with the terms of such agree- ment. 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’’ pro- cedures to implementing bills (1) Except as provided in subsection (c)— (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 agree- ments entered into under section 2902(b) or (c) of this title before June 1, 1991; and (B) such fast track procedures shall be ex- tended 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 im- plementing 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 nego- tiations to achieve the purposes, policies, and objectives of this title, and a statement that such progress justifies the continuation of ne- gotiations; and (C) a statement of the reasons why the ex- tension is needed to complete the negotia- tions. (3) The President shall promptly inform the Advisory Committee for Trade Policy and Nego- tiations established under section 2155 of this title of his decision to submit a report to Con- gress under paragraph (2). The Advisory Com- mittee 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 nego- tiations 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 re- quested under paragraph (2) should be ap- proved 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 sec- tion 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 dis- approval resolution not reported by the Com- mittee on Finance; (ii) the House of Representatives to consider any extension disapproval resolution not re- Page 819 TITLE 19—CUSTOMS DUTIES § 2904 ported 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 re- ported 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 pe- riod. (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 rank- ing minority member of the Committee on Rules, (II) shall be jointly referred to the Com- mittee on Ways and Means and the Com- mittee on Rules, and (III) may not be amended by either Com- mittee; and (ii) in the Senate shall be original resolu- tions 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 Rep- resentatives to consider any procedural dis- approval resolution not reported by the Com- mittee 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 nego- tiations 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 sub- mitted with respect to any trade agreement en- tered 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 proce- dural disapproval resolution (within the mean- ing 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 provi- sion 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 nego- tiation 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) are enacted by the Con- gress— (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 constitu- tional 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 Con- gress is not in session because of an adjourn- ment 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. (Pub. L. 100–418, title I, § 1103, Aug. 23, 1988, 102 Stat. 1128.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsecs. (a)(2)(B)(i) and (b)(2)(B), (3)(A), is title I (§ 1001 et seq.) of Pub. L. 100–418, see note below. For complete classification of this title to the Code, see Tables. The Omnibus Trade and Competitiveness Act of 1988, referred to in subsecs. (b)(5)(A) and (c)(1)(E), is Pub. L. 100–418, Aug. 23, 1988, 102 Stat. 1107. Sections 1102(b) and (c) and 1103(b)(1)(B)(i) and (c)(1)(E) of such Act are clas- sified to sections 2902(b) and (c) and 2903(b)(1)(B)(i) and (c)(1)(E) of this title, respectively. For complete classi- fication of this Act to the Code, see Tables. Section 151 of the Trade Act of 1974, referred to in subsecs. (b)(5)(A) and (c)(1)(E), is classified to section 2191 of this title. § 2904. Termination and reservation authority; reciprocal nondiscriminatory treatment (a) In general For purposes of applying sections 2135, 2136(a), and 2137 of this title— (1) any trade agreement entered into under section 2902 of this title shall be treated as an agreement entered into under section 2111 or 2112, as appropriate, of this title; and (2) any proclamation or Executive order issued pursuant to a trade agreement entered into under section 2902 of this title shall be treated as a proclamation or Executive order issued pursuant to a trade agreement entered into under section 2112 of this title. (b) Reciprocal nondiscriminatory treatment (1) The President shall determine, before June 1, 1993, whether any major industrial country