19 U.S.C. § 2504 : US Code - Section 2504: Relationship of trade agreements to United States law
Search 19 U.S.C. § 2504 : US Code - Section 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.
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