Trade Agreements: Requirements for Presidential Consultations, Notices, and Reports to Congress Regarding Negotiations

CRS Report for Congress
Trade Agreements: Requirements for Presidential
Consultations, Notices, and Reports to Congress
Regarding Negotiations
June 30, 2003
Vladimir N. Pregelj
Specialist in International Trade and Finance
Foreign Affairs, Defense, and Trade Division


Congressional Research Service ˜ The Library of Congress

Trade Agreements: Requirements for Presidential
Consultations, Notices, and Reports to Congress
Regarding Negotiations
Summary
The Congress, which has exclusive constitutional power to regulate foreign
trade, has authorized the President to negotiate and enter into certain trade
agreements with foreign countries and have them implemented by legislation
considered under a mandatory expedited procedure and without amendments.
Because of this nonamendability requirement on one hand and, on the other, the
Congress’s intent to exercise its constitutional function of fashioning foreign trade
policy so as to assure that such agreements reflect the objectives set for them by the
legislation authorizing their negotiation and its own diverse interests and goals, the
Congress requires the President to keep it currently informed regarding the
negotiations through frequent consultations, notices, and reports before, during, and
after the negotiations. For this purpose, Congress has established two specialized
bodies, which – in addition to various committees of jurisdiction over the matters
involved in the agreements – are to receive such communications as well as, in their
turn, are to provide advice on the negotiations and in the formulation of the U.S.
trade policy: the Congressional advisers for trade policy and negotiations, and the
Congressional Oversight Group.
This report provides a detailed list of such communications – together with their
statutory references – in the approximate time sequence in which they are to take
place.
This report will not be updated



Contents
Reasons for mandatory consultation...............................1
Congressional specialized bodies to be provided
trade-agreement communications.............................2
Congressional advisers for trade policy and negotiations...........2
Congressional Oversight Group...............................3
Presidential consultations with Congress............................4
In general................................................5
Before initiation of negotiations..............................5
During negotiations........................................7
Before initialing, or entering into, an agreement..................8
After agreement is entered into...............................9



Trade Agreements: Requirements for
Presidential Consultations, Notices, and
Reports to Congress Regarding
Negotiations
Reasons for Mandatory Consultation
Apart from providing, from time to time since the enactment of the Reciprocal
Trade Agreements Act of 1934, the President with statutory authority to negotiate
and implement tariff-reducing trade agreements with foreign countries, Congress
itself has, since 1974, become also directly involved in the trade-agreement
negotiation process. This involvement, initially of minimal scope, has over the years
evolved into a comprehensive and complex system of President’s (and other U.S.
government agencies’ involved, particularly the U.S. Trade Representative’s)
notifications of, consultations with and reports to the Congress before, during, and
after the process of Executive negotiations of trade agreements.
Congressional involvement in the trade-agreement negotiating process is a
reflection of the Congress’s constitutional power “to regulate Commerce with foreign
Nations”, which it has from time to time delegated under specified conditions to the
Executive. It is even more a practical concomitant of trade-agreement legislation
which has given the President the authority to negotiate bilateral and multilateral
agreements dealing with nontariff (in addition to tariff) matters, including free trade-
area agreements. Legislation to implement such agreements is enacted by Congress
under an expedited (“fast-track”) procedure, recently renamed “trade promotion
authority” procedure, which, in addition to mandating specific deadlines for each
stage of the consideration of the implementing legislation, prohibits amendments to
it.
Since the nontariff elements of trade agreement-implementing legislation to be
enacted by the expedited procedure more than likely consist of provisions that require
changes in existing U.S. trade legislation – a constitutional legislative power of the
Congress – and the procedure precludes any amendments, the Congress has required,
beginning with the Trade Act of 1974, that the President (including any other agency
involved) notify, consult with and/or report to it at various stages before and during
the negotiations of such agreements. With this requirement, which has over the years
called for ever more numerous and comprehensive notices, consultations, and
reports, Congress has – particularly recently – reemphasized its constitutional power
to regulate foreign commerce. Thereby it has unequivocally retained for itself an ever
more intensive means whereby it can be currently informed on – and thus enabled to
play an active role in – the formulation of the provisions of the agreement (otherwise
an element of the constitutional Executive power to conduct foreign relations) and



of its implementing legislation. The role of Congress in this procedure is to assure
that the agreement reflects the statutory objectives set for such agreement by the
legislation authorizing its negotiation and “fast track” legislative implementation, as
well as the Congress’s own diverse interests and goals. In a few instances,
consultations of a more general nature are required also in connection with tariff-
concession agreements, which historically have not required subsequent enactment
but have been implemented by the Executive based on advance statutory approval,
provided their concessions remained within the parameters of the authorizing
legislation.
Since the language of the legislation implementing such agreements cannot be
amended once introduced, congressional committees with jurisdiction over and
interest in the proposed provisions hold hearings in the form of “mock mark-ups” to
help formulate the legislative language which would be responsive to the concerns
of the Congress before it is finalized and introduced.
Congressional Specialized Bodies to be Provided Trade-
Agreement Communications
In addition to congressional committees with specific jurisdiction over foreign
trade (i.e., the revenue committees: House Ways and Means, and Senate Finance) and
those dealing with subject matters contained in the agreements that need to be
implemented by legislation, who normally would obtain information relevant to the
subject matter of the implementing legislation under their consideration through
hearings, Congress has established two bodies whose focus is on trade agreement
negotiations as such and which would provide – since their membership is drawn
from members of the relevant committees – direct and current liaison between their
committees and the negotiations. Because of this function, the law requires that they
be currently and closely involved in the negotiation process as advisers and, as such,
mandatory recipients of relevant information, primarily from the President – and his
principal foreign trade adviser, the U.S. Trade Representative – but, as appropriate,
also from other U.S. agencies. These two bodies are the Congressional advisers for
trade policy and negotiations, and the Congressional Oversight Group.
Congressional advisers for trade policy and negotiations. The
earliest specific statutory requirement that the President (or, in this specific case, the
then-Special Representative for Trade Negotiations, later renamed the U.S. Trade
Representative) provide advice and information regarding trade negotiations to a
specialized congressional body was enacted as Section 161 of the Trade Act of l974
(19 U.S.C. 2211).1 That statute provides for the designation – at the beginning of


1 A similar, earlier congressional group was provided already by Section 243 of the Trade
Expansion Act of 1962 (P.L. 87-794; 76 Stat. 878).The group was to consist of four
members of Congress – two each (not of the same political party) from the House Ways and
Means Committee and the Senate Finance Committee – selected ad hoc before each
negotiation to be members of the U.S. negotiating delegation, for the purpose of observing
such negotiations. The four were to be selected and accredited by the President upon the
recommendation of, respectively, the Speaker of the House and the President of the Senate.
(continued...)

each regular session – of congressional advisers for trade policy and negotiations to
act, among their other functions, as congressional delegates to trade negotiations to
assure greater congressional oversight over the negotiations. The provision has since
been amended and, at present, requires the Speaker of the House and the President
pro tempore of the Senate to select, upon the recommendation of the chairmen of,
respectively, the House Ways and Means, and the Senate Finance committees, five
members of either committee (not more than three members of the same party) and
designate them as congressional advisers for trade policy and negotiations. Their
statutory function is to “provide advice on the development of trade policy and
priorities for the implementation thereof.” The Speaker and the President pro tem
also may select for designation as congressional advisers not more than three
members of any committee (not more than two of whom are of the same party)
having jurisdiction over matters to be negotiated. All such designated members are
to be accredited by the U.S. Trade Representative (USTR) as official advisers to the
U.S. delegations to negotiations of trade agreements.
Congressional Oversight Group. The Bipartisan Trade Promotion
Authority Act of 2002 (Title XXI of the Trade Act of 2002, P.L. 107-210, August 6,

2002; hereinafter, BTPA2002, or “the Act”) provides, in Section 2107 (19 U.S.C.


3807) for the establishment of the Congressional Oversight Group (COG), a new,


formally constituted congressional body to facilitate timely exchange, with the
USTR, of information related to the negotiation of trade agreements, including
regular briefings, access to pertinent documents, and coordination at all critical
periods during the negotiations, including at negotiation sites. The Group is to
consult with and provide advice to the USTR regarding the formulation of specific
objectives, negotiating strategies and positions, the development of the applicable
trade agreement, and compliance with and enforcement of the commitments
negotiated under the agreement.
On its side, the COG is to be provided with regular, detailed briefings on
negotiating objectives, including certain priorities specifically spelled out in the
legislation, and the status of the negotiations; with access by members and properly
security-cleared staff of the COG to pertinent documents; closest practicable
coordination with the USTR at all critical periods during the negotiations (including
at negotiation sites); and, after the agreement is concluded, with consultation on
compliance with and enforcement of negotiated commitments. This exchange of
information between the COG and the USTR is to take place under guidelines
developed – within 120 days after the enactment of the Act – by the USTR in
consultation with the chairmen and ranking minority members of the House Ways
and Means and the Senate Finance committees and revised as necessary from time2
to time.
The Group is to be convened, initially within 60 days after the enactment date
of the BTPAA2002 (August 6, 2002) and subsequently within 30 days after the


1 (...continued)
This provision was repealed by Section 602(d) of the Trade Act of 1974 (88 Stat. 2872) and
replaced by the provision under discussion.
2 See footnote 6.

convening of each Congress, by the chairmen of the House Ways and Means, and the
Senate Finance committees, and is to consist of the chairmen and ranking minority
members of those two committees, or their designees, and three additional members
of either of those committees (not more than two of whom may be members of the
same political party). Moreover, in the negotiations of a trade agreement concerning
matters within the jurisdiction of any other House or Senate committee, the chairmen
and ranking minority members of such committees, or their designees, are to be
included in the membership of the Group. The Group is to be chaired by the
chairmen of the House Ways and Means, and the Senate Finance committees.
Members of the Group are to be accredited by the USTR on behalf of the President
as official advisers to the U.S. delegation in the negotiations of trade agreements to
which the Act applies.
The COG’s functions do not replace but rather complement, with respect to
agreements negotiated and implemented under the authority of the Act, the similar,
but more general functions of the Congressional advisers for trade policy and
negotiations discussed in the preceding section.
Presidential Consultations with Congress
Since the mandatory legislation for implementing bilateral or multilateral trade
agreements dealing with matters other than solely tariff concessions (e.g., nontariff-
barriers and/or free-trade areas), and qualifying for the expedited (“fast track”)
legislative consideration, may not be amended, the Congress has, since the original
authorization of such procedure by the Trade Act of 1974, required that the President
notify, consult with and/or report to Congress at various stages before and during the
negotiation of such agreements. With this requirement, which has over the years
provided for ever more numerous and comprehensive notices, consultations, and
reports, Congress has reemphasized its constitutional power “to regulate Commerce
with foreign Nations”. Thereby it has unequivocally retained for itself an ever more
intensive means whereby it can be currently informed on – and thus enabled to play
an active role in – the formulation of the provisions of the agreement (otherwise an
element of the constitutional Executive power to conduct foreign relations) and of its
implementing legislation. The role of Congress in this procedure is to assure that an
agreement reflects the statutory objectives set for such agreement by the legislation
authorizing its negotiation and “fast track” legislative implementation, as well as the
Congress’s own diverse interests and goals. In a few instances, consultations of a
more general nature are required also in connection with tariff-concession
agreements, which historically have not required subsequent enactment but have been
implemented by the Executive based on advance statutory approval, provided their
concessions remained within the parameters of the authorizing legislation.
The present – and at the same time most comprehensive – statutory
requirements for Presidential consultations with and notices and reports to Congress
in the context of negotiating and “fast track” implementation of trade agreements
have been enacted – after several unsuccessful attempts in earlier years – as part of
Title XXI - Trade Promotion Authority of the Trade Act of 2002 (P.L. 107-210;
August 6, 2002). These requirements (in this report encompassing also those
applicable to the USTR as the President’s principal foreign-trade-policy advisor and
operative as well as other government agencies) are arranged below in the



approximate time framework in which they are to take place. While the summary
description of each requirement strives to be as accurate as possible, consultation of
the relevant statute, cited at the end of each description and designated in terms of the
respective section of the Trade Act of 2002 (unless otherwise indicated), as well as
the U.S. Code, is advised if the precise legislative language is required.
In General.
(1) The USTR is required to keep congressional advisers appointed under the
Trade Act of 1974 informed about possible trade agreements, including negotiating
objectives and status of current negotiations (Section 161(b) of Trade Act of 1974;

19 U.S.C. 2211(b)).


(2) The USTR is required to consult with House Ways and Means, Senate
Finance, and other appropriate committees on principal multilateral and bilateral
negotiating objectives, and progress toward their achievement (Section 161(c) of
Trade Act of 1974; 19 U.S.C. 2211(c)).
(3) The President is required to meet with the Congressional Oversight Group
(COG) at any time concerning the negotiation of a tariff-and-nontariff agreement, if
requested by the majority of its members (Section 2104(a)(3); 19 U.S.C. 3804(a)(3)).
(4) The President’s failure or refusal to notify or consult with the Congress
regarding the negotiation of a tariff-and-nontariff agreement as required in various
relevant provisions of the Act, may result in the denial of the “fast-track“
consideration of its implementing bill if both Houses of Congress adopt, within 60
days from each other, under a specific expedited procedure, separate but identical
(one-House) “procedural disapproval resolutions” (Section 2105(b)(1) and (2); 193
U.S.C. 3805(b)(1) and (2)).
Before initiation of negotiations.
(5) In the preliminary stage of setting the comprehensive trade negotiating
objectives in agricultural trade (i.e., to obtain competitive opportunities for the
United States exports of agricultural commodities in foreign markets substantially
equivalent to those afforded foreign exports in the United States), the USTR is
required to seek to develop before commencing negotiations, in consultation with the
Congress, a negotiating position with respect to the treatment of seasonal or
perishable agricultural products, particularly in dumping and safeguards
investigations (Section 2102(b)(10)(B)(i); 19 U.S.C. 3802(b)(10)(B)(i)).


3 Trade promotion authority (“fast-track”) procedures are also denied to any bill
implementing an agreement negotiated under WTO auspices unless the Secretary of
Commerce has transmitted, by December 31, 2002, to the Congress a report, prepared jointly
with the Secretaries of State, and the Treasury, the Attorney General, and the USTR, setting
forth the executive branch’s strategy with respect to the Congress’s concerns regarding the
WTO dispute settlement procedures (Section 2105(b)(3); 19 U.S.C. 3805(b)(3)).

(6)With respect to agreements dealing with both tariff and nontariff barriers, the
President is required to submit to Congress, at least 90 calendar days before initiating
the negotiations, a written notice of his intention to enter the negotiations, together
with sundry other relevant information (including the date the negotiations are to be
initiated) and, before and after its submission, consult regarding the negotiations with
the Senate Finance Committee, House Ways and Means Committee, such other
House and Senate committees as the President deems appropriate, and with the
Congressional Oversight Group (COG) (Section 2104(a)(1) and (2); 19 U.S.C.

3804(a)(1) and (2)).4


(7) The President is also required to meet with the COG upon the request of the
majority of its members before initiating the negotiations (Section 2104(a)(3); 19
U.S.C. 3804(a)(3)).
(8) In developing the strategies for pursuing the negotiating objective of
providing “level playing field” for American agriculture (one of the negotiating
objectives, stated in Section 2102(b)(10)(A)(i); 19 U.S.C. 3802(b)(10)(A)(i), i.e.,
reducing or eliminating foreign tariffs on U.S. agricultural exports) in tariff-and-
nontariff-barrier agreements (including free-trade agreements), i.e., agreements that
would be enacted by the fast-track implementing procedure, the President is required,
before initiating, or continuing, negotiations, to assess whether U.S. tariffs on
agricultural products bound in the Uruguay Round are lower than those of the
countries with which negotiations will be conducted, and whether world-wide tariffs
on U.S. products are higher than U.S. tariffs, and consult concerning the assessment
with House Ways and Means, and Agriculture Committees, and with Senate Finance,
and Agriculture, Nutrition, and Forestry Committees as to whether it is appropriate
to further reduce such U.S. tariffs, and how all applicable negotiating objectives will
be met (Section 2104(b)(1); 19 U.S.C. 3804(b)(1)).
(9) Before initiating negotiations on agriculture5, the USTR is to (1) identify
agricultural products subject to tariff-rate quotas on the date of enactment of the
BTPAA 2002, and those for which the Uruguay Round-reduced duty on January1,

1995, was not less than 97.5% of the duty in effect on December 31, 1994, (2)


consult with the House Ways and Means, and Agriculture Committees and with the
Senate Finance, and Agriculture, Nutrition, and Forestry Committees as to whether
further tariff reductions on such products are appropriate, whether such products face
unjustified sanitary or phytosanitary restrictions, and whether the countries


4 Failure only to provide the 90-day advance notice does not affect the authority to apply the
expedited procedure to bills implementing agreements entered into under the auspices of the
WTO, or with Chile or Singapore, or establishing a Free Trade Area for the Americas
(Section 2106(a) and (b)(1); 19 U.S.C. 3806(a) and (b)(1)). The President, however, is
required to submit to Congress a detailed notice of the specific objectives of such
negotiations to Congress and consult before and after the submission of the notice with the
listed entities.
5 For negotiations already in progress regarding the Free Trade Area for the Americas, and
agricultural negotiations under the auspices of the World Trade Organization, this
requirement is to be complied with as soon as practicable after the enactment of the Trade
Act of 2002 (August 6, 2002) (Section 2104(b)(2)(A); 19 U.S.C. 3804(b)(2)(A)).

participating in the negotiations maintain trade distorting practices on such products;
and (3) after requesting the U.S. International Trade Commission (USITC) to assess
the probable overall economic effects of such reductions, notify such committees of
such products for which the USTR intends to seek tariff liberalization. and the
reasons for it (Section 2104(b)(2)(A); 19 U.S.C. 3804(b)(2)(A)) (See also item (14)).
(10) Before initiating, or continuing, negotiations directly relating to fish or
shellfish trade with any country, the President is to consult with the House Ways and
Means, and Resources Committees and the Senate Finance, and Commerce, Science,
and Transportation Committees, and keep such committees apprised of negotiations
on an ongoing and timely basis (Section 2104(b)(3); 19 U.S.C. 3804(b)(3)).
(11) Before initiating, or continuing, negotiations directly relating to textiles and
apparel products with any country, the President must assess whether U.S. tariffs on
textiles and apparel products bound in the Uruguay Round are lower than the tariffs
bound by that country and whether the negotiation provides an opportunity to address
such disparity, and consult concerning the assessment with House Ways and Means,
and the Senate Finance Committees as to whether it is appropriate to further reduce
such U.S. tariffs and how all applicable negotiating objectives will be met (Section

2104(c); 19 U.S.C. 3804(c)).


During negotiations.
(12) In the course of any (including tariff)negotiations conducted under the
authority of the Act, the USTR must consult “closely and on a timely basis” with and
keep fully informed the Congressional Oversight Group and all committees of both
Houses with jurisdiction over laws that would be affected by the agreement being
negotiated (Section 2102(d)(1); 19 U.S.C. 3802(d)(1)).
(13) Under guidelines that were to be developed (see p. 3)6 by the USTR in
consultation with the two revenue committees of Congress within 120 days after the
enactment of the BTPAA2002, and revised as necessary, to facilitate exchange of
information between the USTR and the COG, there is to take place, among several
other actions, the closest practicable coordination between the USTR and the COG
at all critical periods during the negotiations (Section 3107(b); 19 U.S.C. 3807(b)).
(14) If, after the negotiations are commenced, the USTR identifies additional
import-sensitive agricultural products, or a party to the negotiations requests tariff
reductions on any additional such products, the USTR is to notify, as soon as
practicable, the four committees (see item 9) of those products (Section

2104(b)(2)(B); 19 U.S.C. 3804(b)(2)(B)).


(15) If in the President’s opinion the authority for the expedited procedure (trade
authorities procedures enacted by the BTPAA 2002) for enacting bills implementing


6 Final version of the guidelines (required by Section 2107(b); 19 U.S.C. 3807(b)) is
contained in a letter, dated December 4, 2002, from the USTR Robert B. Zoellick to Senator
Max Baucus, then Chairman (now ranking minority member) of the Senate Finance
Committee. Inside U.S. Trade [http://www.InsideTrade.com], January 10, 2003. p. 19.

tariff-and-nontariff agreements entered into after June 30, 2005, and before July 1,
2007, needs to be extended (under Section 2103(c)(1); 19 U.S.C. 3803(c)(1)), he
must submit to the Congress, three months before the expiration of the authority (i.e.,
by March 1, 2005), a report requesting such extension, containing specific
information required by the statute (Section 2103(c)(2); 19 U.S.C. 3803(c)(2)).7
Before initialing, or entering into, an agreement.
(16) Subject to no specified timing – but obviously well before the expiration
of his authority to enter into such an agreement – the President is required to notify
Congress of his intent to enter into a tariff-concession agreement (Section

2103(a)(1); 19 U.S.C. 3803(a)(1)).8


(17) The USTR must consult (including immediately before initialing an
agreement) with the congressional advisers for trade policy and negotiations
(appointed under Section 161 of the Trade Act of 1974; see p. 2), the House
Committee on Ways and Means, the Senate Committee on Finance, and the
Congressional Oversight Group. In addition, such consultations must be held with
the House Committee on Agriculture and the Senate Committee on Agriculture,
Nutrition, and Forestry with regard to negotiations and agreements relating to
agricultural trade (Section 2102(d)(2)(A) and (B); 19 U.S.C. 3802(d)(2(A)).
(18) At least180 calendar days before the President enters into a tariff-and-non-
tariff agreement9, he must transmit to the House Ways and Means Committee and the
Senate Finance Committee a report on the proposals that may be in the agreement
that would require changes in the U.S. trade remedy laws (antidumping,
countervailing, and safeguard) and how these proposals relate to the principal trade
negotiating objectives regarding trade remedies stated in 2102(b)(14) (Section10


2104(d)(3)(A); 19 U.S.C. 3804(d)(3)(A)).


7 The request for extension can be disapproved by an “extension disapproval resolution”,
a simple resolution of either House, adopted before June 1, 2005, under its specific
expedited procedure (Section 2103(c)(5);19 U.S.C. 3803(c)(5)).
8 Not later than 30 days after this notification, the Advisory Committee for Trade
Negotiations (nongovernmental, but established by the President) is to provide to Congress
(and the President and the USTR) an advisory report (as required by Section 135(e)(1) of
the Trade Act of 1974; 19 U.S.C. 2155(e)(1)) as to whether the tariff or tariff-and-nontariff
agreement in question promotes the economic interest of the United States, achieves the
negotiating objectives set by the Act, and provides equity and reciprocity (Section 2104(e);

19 U.S.C. 3804(e)).


9 For agreements with Chile or Singapore, the timing of this advance report has been
shortened to 90 days (Section 2104((d)(3)(B)).
10 After its transmission to Congress, the report may be found inconsistent with the trade-
remedy negotiating objectives by means of a simple resolution of either House, adopted
under a specific expedited procedure. Such a resolution may not be introduced if any other
resolution with respect to that report, or a relevant procedural disapproval resolution (see
item (4)), has previously been reported in that House.

(19) At least 90 calendar days before the President enters into a tariff-and-
nontariff agreement, he must notify both Houses of his intention to enter into the
agreement; failure to do so would prevent the agreement from entering into force for
the United States (Section 2105(a)(1)(A); 19 U.S.C. 3805(a)(1)(A)).11
(20) Before entering into an agreement dealing with tariff and nontariff matters,
the President is required to consult with the House Ways and Means Committee and
the Senate Finance Committee, with any other committee of either House and any
joint committee with jurisdiction over legislation in matters affected by the trade
agreement, and with the Congressional Oversight Group, with respect to the nature
of the agreement, how and to what extent the agreement will achieve applicable
purposes policies and objectives of the Act, and the implementation of the agreement
(Section 2104(d)(1) and (2); 19 U.S.C. 3804(d)(1) and (2)).
(21) The President may enter into an agreement dealing with tariff and nontariff
barriers if he satisfies the conditions set out in Section 2104 of the Act (including
consultation and reporting requirements listed at items (3), (5), (7)-(11), (14), and
(19)) (Section 2103(b)(2); 19 U.S.C. 3803(b)(2)).
(22) As soon as feasible after the enactment of the Trade Act of 2002, the
President is required to notify and consult with the House Ways and Means and the
Senate Finance Committees and other committees the President deems appropriate
and with the Congressional Oversight Group, regarding tariff-and-nontariff
agreements for which negotiations had begun, or which would be entered into, prior
to the enactment of the Trade Act of 200212 (and regarding which the President
would, technically, have failed to comply with the 90-day prenegotiation-notice
requirement (see item (4)), and some other early notification or consultation
requirements, which would otherwise make them subject to a procedural disapproval
resolution (see item (4)) (Section 2106(b); 19 U.S.C. 3806(b)).13
After agreement is entered into.
(23) After entering into an agreement, the President must submit to the Congress
(within no specific deadline, but on a day when both Houses are in session) the final
text of the agreement, its implementing bill, and comprehensive supporting
information (Section 2105(a)(1)(C) and (2)-(4); 19 U.S.C. 3805(a)(1)(C) and (2)-14


(4)).
11 Reporting requirement described in footnote 8 applies mutatis mutandis also to this
notification.
12 That is, those under the WTO auspices, or with Chile or Singapore, or establishing the
Free Trade Area for the Americas (Section 2106(a); 19 U.S.C. 3806(a)).
13 For these cases, any procedural disapproval resolution has been declared out of order.
14 At the time the President submits these documents, he also must submit to the Congress
a plan for implementing and enforcing the agreement (Section 2108(a); 19 U.S.C. 3808(a)),
and a request for funds to support this plan must be included in the first budget submitted
after the submission of the plan (Section 2108(b); 19 U.S.C. 3808(b)). In addition, because
(continued...)

(24) After a trade agreement is concluded, the USTR is to consult, under the
consultation guidelines (see item (13) and footnote 6) with the COG regarding
ongoing compliance and enforcement of commitments under the agreement (Section

2107(b)(2)(D); 19U.S.C. 3807(b)(2)(D)).


(25) Within 60 days after entering into an agreement, the President must submit
to the Congress a description of current laws, needed to bring the United States into
compliance with the agreement. Failure to do so would prevent the agreement from
entering into force for the United States (Section 2105(a)(1)(B); 19 U.S.C.

3805(a)(1)(B)). 15


14 (...continued)
the close relationship of these issues with those required to be reported without specific date
under Section 2102(c)) (19 U.S.C. 3802(c)) (relating to labor rights, specifically including
child labor, and environment), the USTR intends to submit the latter reports to Congress on
the same date.
15 In addition, not later than 90 calendar days after a tariff-and-nontariff agreement is entered
into, the USITC is required to submit to the President and the Congress a detailed report
assessing the likely impact of the agreement on various aspects of the U.S. economy as a
whole and of its specific sectors. The assessment must be requested by the President at least
90 calendar days before he enters into the agreement and is to be made on the basis of the
details of the agreement as it exists at the time, provided by the President, and subsequently
kept current (Section 2104(f); 19 U.S.C. 3804(f)).