Bill Details
Status
Latest action
2025-01-15 - Referred to the Committee on Finance. (text: CR S187)
Introduced Date
2025-01-15
Policy Area
International Affairs
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AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This resolution says Congress believes a proposed “joint interpretation” of a part of the U.S.-Mexico-Canada Agreement should not count as law in the United States unless Congress approves it first. The resolution argues that trade agreements are supposed to be approved by Congress, and that the executive branch cannot make a binding change on its own. It also says the proposed interpretation could reduce legal protections for some U.S. investors in Canada or Mexico, so Congress should have the final say before it can take effect.
- It states that the U.S. Trade Representative’s proposed interpretation of Annex 14-C has no legal effect for the United States or for U.S. persons unless Congress approves it.
- It says federal agencies, including the Office of the U.S. Trade Representative and the Department of State, should not rely on that interpretation in court or in any legal dispute unless Congress formally approves it.
- The resolution says Congress was not properly consulted and was not given a fair chance to review the text of the proposed interpretation.
- It focuses on protecting the rights of U.S. investors who made investments in Canada or Mexico during the NAFTA period and for a short period afterward.
Official Summaries
This concurrent resolution states that, unless it is approved by Congress, the proposed joint interpretation of Annex 14-C of the United States-Mexico-Canada Agreement (USMCA) prepared by Ambassador Katherine Tai (1) is of no legal effect with respect to the United States or any U.S. person, and (2) cannot be invoked by any federal agency in any legal proceeding nor may a federal agency assert that it has any legal consequences for claims made by a U.S. person. (Annex 14-C of the USMCA concerns certain investment claims under the North American Free Trade Agreement, the agreement which preceded USMCA.)
Current Full Text
[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.
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