| 1 | 1 | | III |
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| 2 | 2 | | 119THCONGRESS |
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| 3 | 3 | | 1 |
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| 4 | 4 | | STSESSION S. CON. RES. 5 |
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| 5 | 5 | | Expressing the sense of Congress that the proposed ‘‘joint interpretation’’ |
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| 6 | 6 | | of Annex 14-C of the United States-Mexico-Canada Agreement prepared |
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| 7 | 7 | | by United States Trade Representative Katherine Tai is of no legal |
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| 8 | 8 | | effect with respect to the United States or any United States person |
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| 9 | 9 | | unless it is approved by Congress. |
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| 10 | 10 | | IN THE SENATE OF THE UNITED STATES |
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| 11 | 11 | | JANUARY15, 2025 |
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| 12 | 12 | | Mrs. B |
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| 13 | 13 | | RITT(for herself and Mr. TUBERVILLE) submitted the following |
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| 14 | 14 | | concurrent resolution; which was referred to the Committee on Finance |
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| 15 | 15 | | CONCURRENT RESOLUTION |
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| 16 | 16 | | Expressing the sense of Congress that the proposed ‘‘joint |
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| 17 | 17 | | interpretation’’ of Annex 14-C of the United States-Mex- |
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| 18 | 18 | | ico-Canada Agreement prepared by United States Trade |
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| 19 | 19 | | Representative Katherine Tai is of no legal effect with |
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| 20 | 20 | | respect to the United States or any United States person |
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| 21 | 21 | | unless it is approved by Congress. |
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| 22 | 22 | | Whereas section 8 of article I of the Constitution of the |
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| 23 | 23 | | United States vests Congress with authority over inter- |
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| 24 | 24 | | national trade and Congress has accordingly and unani- |
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| 25 | 25 | | mously found that the executive branch lacks authority to |
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| 26 | 26 | | enter into binding trade agreements absent the approval |
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| 27 | 27 | | of Congress; |
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| 30 | 30 | | •SCON 5 IS |
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| 31 | 31 | | Whereas Congress has delegated some of its authority to ne- |
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| 32 | 32 | | gotiate international trade matters to the executive |
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| 33 | 33 | | branch provided the executive branch consults closely |
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| 34 | 34 | | with Congress and Congress has final authority over the |
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| 35 | 35 | | United States entering any binding international trade |
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| 36 | 36 | | agreements; |
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| 37 | 37 | | Whereas the USMCA (as defined in section 3 of the United |
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| 38 | 38 | | States-Mexico-Canada Agreement Implementation Act |
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| 39 | 39 | | (19 U.S.C. 4502)) is an international trade agreement |
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| 40 | 40 | | that was approved by Congress with significant bipar- |
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| 41 | 41 | | tisan support and replaced the North American Free |
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| 42 | 42 | | Trade Agreement (commonly known as ‘‘NAFTA’’); |
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| 43 | 43 | | Whereas Annex 14-C of the USMCA ensures that United |
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| 44 | 44 | | States persons who make investments in Canada or Mex- |
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| 45 | 45 | | ico have appropriate recourse for arbitrary or discrimina- |
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| 46 | 46 | | tory treatment or expropriation of certain investments |
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| 47 | 47 | | made when NAFTA was in force and for 3 years there- |
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| 48 | 48 | | after; |
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| 49 | 49 | | Whereas the United States Trade Representative, Ambas- |
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| 50 | 50 | | sador Katherine Tai, is attempting to secure a ‘‘joint in- |
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| 51 | 51 | | terpretation’’ with the governments of Canada and Mex- |
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| 52 | 52 | | ico that could limit and curtail the rights of certain |
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| 53 | 53 | | United States persons under Annex 14-C of the USMCA; |
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| 54 | 54 | | Whereas Ambassador Katherine Tai has failed to consult |
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| 55 | 55 | | with Congress appropriately regarding the proposed |
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| 56 | 56 | | ‘‘joint interpretation’’ of Annex 14-C, including by apply- |
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| 57 | 57 | | ing unreasonable procedures that have inhibited Members |
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| 58 | 58 | | of Congress from viewing the text of the proposed ‘‘joint |
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| 59 | 59 | | interpretation’’; and |
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| 60 | 60 | | Whereas the approval of Congress is a necessary prerequisite |
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| 61 | 61 | | for Ambassador Katherine Tai to agree to a ‘‘joint inter- |
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| 64 | 64 | | •SCON 5 IS |
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| 65 | 65 | | pretation’’ with the governments of Canada and Mexico |
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| 66 | 66 | | under the USMCA: Now, therefore, be it |
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| 67 | 67 | | Resolved by the Senate (the House of Representatives 1 |
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| 68 | 68 | | concurring), That it is the sense of Congress that— 2 |
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| 69 | 69 | | (1) the proposed ‘‘joint interpretation’’ of 3 |
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| 70 | 70 | | Annex 14-C of the USMCA (as defined in section 3 4 |
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| 71 | 71 | | of the United States-Mexico-Canada Agreement Im-5 |
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| 72 | 72 | | plementation Act (19 U.S.C. 4502)) prepared by 6 |
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| 73 | 73 | | Ambassador Katherine Tai is of no legal effect with 7 |
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| 74 | 74 | | respect to the United States or any United States 8 |
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| 75 | 75 | | person, unless it is approved by Congress; and 9 |
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| 76 | 76 | | (2) the Office of the United States Trade Rep-10 |
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| 77 | 77 | | resentative, the Department of State, or any other 11 |
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| 78 | 78 | | agency of the United States cannot invoke the ‘‘joint 12 |
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| 79 | 79 | | interpretation’’ in any legal proceeding or assert that 13 |
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| 80 | 80 | | it has any legal consequence for any claims made by 14 |
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| 81 | 81 | | a United States person, unless and until the ‘‘joint 15 |
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| 82 | 82 | | interpretation’’ is formally approved by Congress. 16 |
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| 83 | 83 | | Æ |
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