§ 2504. — Relationship of trade agreements to United States law.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2504]
TITLE 19--CUSTOMS DUTIES
CHAPTER 13--TRADE AGREEMENTS ACT OF 1979
Sec. 2504. Relationship of trade agreements to United States law
(a) United States statutes to prevail in conflict
No provision of any trade agreement approved by the Congress under
section 2503(a) of this title, nor the application of any such provision
to any person or circumstance, which is in conflict with any statute of
the United States shall be given effect under the laws of the United
States.
(b) Implementing regulations
Regulations necessary or appropriate to carry out actions proposed
in any statement of proposed administrative action submitted to the
Congress under section 2112 of this title to implement each agreement
approved under section 2503(a) of this title shall be issued within 1
year after the date of the entry into force of such agreement with
respect to the United States.
(c) Changes in statutes to implement a requirement, amendment, or
recommendation
(1) Presidential determination
Whenever the President determines that it is necessary or
appropriate to amend, repeal, or enact a statute of the United
States in order to implement any requirement of, amendment to, or
recommendation under such an agreement, he shall submit to the
Congress a draft of a bill to accomplish the amendment, repeal, or
enactment and a statement of any administrative action proposed to
implement the requirement, amendment, or recommendation. Not less
than 30 days before submitting such a bill, the President shall
consult with the Committee on Ways and Means of the House of
Representatives, the Committee on Finance of the Senate, and each
committee of the House or Senate which has jurisdiction over
legislation involving subject matters which would be affected by
such amendment, repeal, or enactment. The consultation shall treat
all matters relating to the implementation of such requirement,
amendment, or recommendation, as provided in paragraphs (2) and (3).
(2) Conditions for taking effect under United States law
No such amendment shall enter into force with respect to the
United States, and no such requirement, amendment, or recommendation
shall be implemented under United States law, unless--
(A) the President, after consultation with the Congress
under paragraph (1), notifies the House of Representatives and
the Senate of his determination and publishes notice of that
determination in the Federal Register,
(B) the President transmits a document to the House of
Representatives and to the Senate containing a copy of the text
of such requirement, amendment, or recommendation, together
with--
(i) a draft of a bill to amend or repeal provisions of
existing statutes or to create statutory authority and an
explanation as to how the bill and any proposed
administrative action affect existing law, and
(ii) a statement of how the requirement, amendment, or
recommendation serves the interests of United States
commerce and why the legislative and administrative action
is necessary or appropriate to carry out the requirement,
amendment, or recommendation, and
(C) the bill submitted by the President is enacted into law.
(3) Recommendations as to application
The President may make the same type of recommendations, in the
same manner and subject to the same conditions, to the Congress with
respect to the application of any such requirement, amendment, or
recommendation as he may make, under section 2112(f) of this title,
with respect to a trade agreement.
(4) Congressional procedures applicable
The bill submitted by the President shall be introduced in
accordance with the provisions of subsection (c)(1) of section 2191
of this title, and the provisions of subsections (d), (e), (f), and
(g) of such section shall apply to the consideration of the bill.
For the purpose of applying section 2191 of this title to such
bill--
(A) the term ``trade agreement'' shall be treated as a
reference to the requirement, amendment, or recommendation, and
(B) the term ``implementing bill'' or ``implementing revenue
bill'', whichever is appropriate, shall be treated as a
reference to the bill submitted by the President.
(d) Unspecified private remedies not created
Neither the entry into force with respect to the United States of
any agreement approved under section 2503(a) of this title, nor the
enactment of this Act, shall be construed as creating any private right
of action or remedy for which provision is not explicitly made under
this Act or under the laws of the United States.
(Pub. L. 96-39, Sec. 3(a)-(c), (f), July 26, 1979, 93 Stat. 148-150.)
References in Text
This Act, referred to in subsec. (d), is Pub. L. 96-39, July 26,
1979, 93 Stat. 144, known as the Trade Agreements Act of 1979. For
complete classification of this Act to the Code, see References in Text
note set out under section 2501 of this title and Tables.
Codification
As originally enacted section 3 of Pub. L. 96-39 consisted of
subsecs. (a) to (c), (e) and (f), without a provision designated as (d).
Subsec. (e) amended section 2111(b)(1) of this title and subsec. (f) has
been redesignated as (d) for the purposes of codification of this
section.
United States-Canada Free-Trade Agreement
Subsec. (c) of this section applicable as if United States-Canada
Free-Trade Agreement, which entered into force on Jan. 1, 1989, were an
agreement approved under section 2503(a) of this title, see section
102(e) of Pub. L. 100-449, set out in a note under section 2112 of this
title.
