Title 19, Customs DutiesRelease 119-110

§3806 Treatment of Certain Trade Agreements for Which Negotiations Have Already Begun

Title 19 › CHAPTER 24 — BIPARTISAN TRADE PROMOTION AUTHORITY › § 3806

Last updated Sep 22, 2026|Official source

Summary

If trade talks started before August 6, 2002 and they are under the World Trade Organization, with Chile, with Singapore, or to set up a Free Trade Area of the Americas, then the normal rule requiring 90 days’ advance notice before starting negotiations does not apply. For those talks, decisions about using the trade‑authority process for the implementing bills will ignore the 90‑day notice rule, and Congress cannot block those procedures just because that notice wasn’t given. The President must, as soon as possible after August 6, 2002, tell Congress about the talks, give the U.S. goals, say whether a new deal or changes are being sought, and consult before and after with the listed congressional committees and the Congressional Oversight Group.

Full Legal Text

Title 19, §3806

Customs Duties, Source: USLM XML via OLRC

(a)Certain agreements
Notwithstanding the prenegotiation notification and consultation requirement described in section 3804(a) of this title, if an agreement to which section 3803(b) of this title applies—
(1)is entered into under the auspices of the World Trade Organization,
(2)is entered into with Chile,
(3)is entered into with Singapore, or
(4)establishes a Free Trade Area for the Americas,
and results from negotiations that were commenced before August 6, 2002, subsection (b) shall apply.
(b)Treatment of agreements
In the case of any agreement to which subsection (a) applies—
(1)the applicability of the trade authorities procedures to implementing bills shall be determined without regard to the requirements of section 3804(a) of this title (relating only to 90 days notice prior to initiating negotiations), and any procedural disapproval resolution under section 3805(b)(1)(B) of this title shall not be in order on the basis of a failure or refusal to comply with the provisions of section 3804(a) of this title; and
(2)the President shall, as soon as feasible after August 6, 2002—
(A)notify the Congress of the negotiations described in subsection (a), the specific United States objectives in the negotiations, and whether the President is seeking a new agreement or changes to an existing agreement; and
(B)before and after submission of the notice, consult regarding the negotiations with the committees referred to in section 3804(a)(2) of this title and the Congressional Oversight Group convened under section 3807 of this title.

Legislative History

Notes & Related Subsidiaries

Executive Documents

Delegation of Functions For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.

Reference

Citations & Metadata

Citation

19 U.S.C. § 3806

Title 19, Customs Duties

Last Updated

Sep 22, 2026

Release point: 119-110