III 

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; 


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•SCON 5 IS 

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 interVerDate Sep 11 2014 00:01 Jan 16, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SC5.IS SC5

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•SCON 5 IS 

pretation’’ with the governments of Canada and Mexico 

under the USMCA: Now, therefore, be it 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That it is the sense of Congress that— 

3 (1) the proposed ‘‘joint interpretation’’ of 

4 Annex 14-C of the USMCA (as defined in section 3 

5 of the United States-Mexico-Canada Agreement Im6 plementation Act (19 U.S.C. 4502)) prepared by 

7 Ambassador Katherine Tai is of no legal effect with 

8 respect to the United States or any United States 

9 person, unless it is approved by Congress; and 

10 (2) the Office of the United States Trade Rep11 resentative, the Department of State, or any other 

12 agency of the United States cannot invoke the ‘‘joint 

13 interpretation’’ in any legal proceeding or assert that 

14 it has any legal consequence for any claims made by 

15 a United States person, unless and until the ‘‘joint 

16 interpretation’’ is formally approved by Congress. 

Æ 


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