[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2903]
TITLE 19--CUSTOMS DUTIES
CHAPTER 17--NEGOTIATION AND IMPLEMENTATION OF TRADE AGREEMENTS
Sec. 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.
(Pub. L. 100-418, title I, Sec. 1103, Aug. 23, 1988, 102 Stat. 1128.)
References in Text
This title, referred to in subsecs. (a)(2)(B)(i) and (b)(2)(B),
(3)(A), is title I (Sec. 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 classified to sections 2902(b) and (c) and
2903(b)(1)(B)(i) and (c)(1)(E) of this title, respectively. For complete
classification 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 sec
