119-sconres5

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 5 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
S. CON. RES. 5

 Expressing the sense of Congress that the proposed ``joint 
 interpretation'' of Annex 14-C of the United States-Mexico-Canada 
Agreement prepared by United States Trade Representative Katherine Tai 
 is of no legal effect with respect to the United States or any United 
 States person unless it is approved by Congress.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 15, 2025

 Mrs. Britt (for herself and Mr. Tuberville) submitted the following 
 concurrent resolution; which was referred to the Committee on Finance

_______________________________________________________________________

 CONCURRENT RESOLUTION

 Expressing the sense of Congress that the proposed ``joint 
 interpretation'' of Annex 14-C of the United States-Mexico-Canada 
Agreement prepared by United States Trade Representative Katherine Tai 
 is of no legal effect with respect to the United States or any United 
 States person unless it is approved by Congress.

Whereas 

section 8 of article I of the Constitution of the United States vests 
 Congress with authority over international trade and Congress has 
 accordingly and unanimously found that the executive branch lacks 
 authority to enter into binding trade agreements absent the approval of 
 Congress;
Whereas Congress has delegated some of its authority to negotiate international 
 trade matters to the executive branch provided the executive branch 
 consults closely with Congress and Congress has final authority over the 
 United States entering any binding international trade agreements;
Whereas the USMCA (as defined in 

section 3 of the United States-Mexico-Canada 
 Agreement Implementation Act (19 U.S.C. 4502)) is an international trade 
 agreement that was approved by Congress with significant bipartisan 
 support and replaced the North American Free Trade Agreement (commonly 
 known as ``NAFTA'');
Whereas Annex 14-C of the USMCA ensures that United States persons who make 
 investments in Canada or Mexico have appropriate recourse for arbitrary 
 or discriminatory treatment or expropriation of certain investments made 
 when NAFTA was in force and for 3 years thereafter;
Whereas the United States Trade Representative, Ambassador Katherine Tai, is 
 attempting to secure a ``joint interpretation'' with the governments of 
 Canada and Mexico that could limit and curtail the rights of certain 
 United States persons under Annex 14-C of the USMCA;
Whereas Ambassador Katherine Tai has failed to consult with Congress 
 appropriately regarding the proposed ``joint interpretation'' of Annex 
 14-C, including by applying unreasonable procedures that have inhibited 
 Members of Congress from viewing the text of the proposed ``joint 
 interpretation''; and
Whereas the approval of Congress is a necessary prerequisite for Ambassador 
 Katherine Tai to agree to a ``joint interpretation'' with the 
 governments of Canada and Mexico under the USMCA: Now, therefore, be it
 Resolved by the Senate (the House of Representatives concurring), 
That it is the sense of Congress that--

    (1) the proposed ``joint interpretation'' of Annex 14-C of 
 the USMCA (as defined in 

section 3 of the United States-Mexico-
 Canada Agreement Implementation Act (19 U.S.C. 4502)) prepared 
 by Ambassador Katherine Tai is of no legal effect with respect 
 to the United States or any United States person, unless it is 
 approved by Congress; and

    (2) the Office of the United States Trade Representative, 
 the Department of State, or any other agency of the United 
 States cannot invoke the ``joint interpretation'' in any legal 
 proceeding or assert that it has any legal consequence for any 
 claims made by a United States person, unless and until the 
 ``joint interpretation'' is formally approved by Congress.
 <all>