Delaying Submission of the Small Business Administration Report Under the Trade Facilitation and Trade Enforcement Act of 2015

This memorandum directs the Chief Counsel for Advocacy of the Small Business Administration to delay submission of a congressionally mandated report on NAFTA renegotiation's economic impacts on small businesses until after negotiations conclude, but no later than 30 days after a renegotiated agreement is signed, provided the report can still reach Congress 45 days before any congressional approval/disapproval vote.

Federal Register Open PDF 82 FR 58705

Impact dates

Jan 22, 2018
Report must reach Congress no later than 45 days before congressional approval/disapproval vote
Jan 7, 2018
Report submission due no later than 30 days after renegotiated NAFTA agreement is signed

Key directives

Delay submission of SBA report on NAFTA renegotiation impacts on small businesses
Submit report no later than 30 days after renegotiated agreement is signed
Ensure report reaches Congress no later than 45 days before congressional approval/disapproval vote
Publish memorandum in Federal Register

Who is ordered

Chief Counsel for Advocacy of the Small Business Administration · Small Business Administration

Timeline

Immediate

Delay directive takes effect upon issuance
Authorization to publish in Federal Register

Near term (90d)

NAFTA renegotiation report submission postponed pending conclusion of negotiations

Long term

Potential precedent for delaying statutory trade reports during ongoing negotiations

Risks & tensions

Tension between executive discretion and statutory 180-day reporting requirement
Conditional deadline structure creates uncertainty—report timing depends on undefined negotiation conclusion date
Congressional oversight potentially undermined by delaying information on small business impacts until after negotiations conclude