USTR Lighthizer yesterday delivered the Administration’s official 90-day notice to Congress that it will renegotiate NAFTA.

The notice says that the process will be carried out “consistent with Congressional priorities and objectives outlined in section 102 of the Trade Priorities and Accountability Act,which is the TPA fast-track legislation passed in 2015. This is a welcome indication that the Administration is proceeding, at least for now, in the manner that Congress contemplates. While President Trump could change course, there is for now at least reason to believe that the negotiation will proceed in the manner typical of FTA negotiations, with Congressional notification and ratification of the final agreement, rather than a Presidential assertion of unilateral authority to make revisions under the Trade Act of 1974 or the Trade Expansion Act of 1962.
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