Title 19 — Customs DutiesRelease 119-73not60
§2504 Relationship of Trade Agreements to United States Law
Title 19 › Chapter 13— TRADE AGREEMENTS ACT OF 1979 › § 2504
Summary
Trade deals that Congress approves cannot cancel or replace U.S. laws. If a part of a trade agreement would conflict with a U.S. statute, that part has no effect under U.S. law. If a trade deal needs new rules to work, those regulations must be issued within 1 year after the deal starts to apply to the United States. If the President thinks a change in U.S. law is needed, he must consult relevant congressional committees at least 30 days before sending a draft bill to Congress. Before any change can take effect, the President must tell both Houses of Congress and publish that notice, send the exact text of the agreement change plus a draft bill and an explanation of how it affects current law and U.S. commerce, and the bill the President sends must become law. The bill will follow the same special procedures used for trade-implementing bills. Nothing in the agreement or this Act creates a private lawsuit right unless the law specifically says so.
Full Legal Text
Title 19, §2504
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(a)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)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)(1)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)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)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)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)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This Act, referred to in subsec. (d), is Pub. L. 96–39, July 26, 1979, 93 Stat. 144, known as the Trade Agreements Act of 1979. For complete classification of this Act to the Code, see
References in Text
note set out under section 2501 of this title and Tables. Codification As originally enacted section 3 of Pub. L. 96–39 consisted of subsecs. (a) to (c), (e) and (f), without a provision designated as (d). Subsec. (e) amended section 2111(b)(1) of this title and subsec. (f) has been redesignated as (d) for the purposes of codification of this section.
Statutory Notes and Related Subsidiaries
United States-Canada Free-Trade AgreementSubsec. (c) of this section applicable as if United States-Canada Free-Trade Agreement, which entered into force on Jan. 1, 1989, were an agreement approved under section 2503(a) of this title, see section 102(e) of Pub. L. 100–449, set out in a note under section 2112 of this title.
Reference
Citations & Metadata
Citation
19 U.S.C. § 2504
Title 19 — Customs Duties
Last Updated
Apr 5, 2026
Release point: 119-73not60