For other versions of this document, see http://wikileaks.org/wiki/CRS-RS21004 ------------------------------------------------------------------------------ Order Code RS21004 Updated January 10, 2008 Trade Promotion Authority and Fast-Track Negotiating Authority for Trade Agreements: Major Votes Carolyn C. Smith Information Research Specialist Knowledge Services Group Summary This report profiles significant legislation, including floor votes, that authorized the use of presidential Trade Promotion Authority (TPA), previously known as fast-track trade negotiating authority, since its inception in 1974. The report also includes a list of floor votes since 1979 on implementing legislation for trade agreements that were passed under TPA fast-track procedures. Although TPA expired on July 1, 2007, four free trade agreements were signed in time to be considered under TPA expedited procedures in the 110th Congress. The U.S.-Peru Trade Promotion Agreement Implementation Act was passed by Congress and signed into law (H.R. 3688, enacted as P.L. 110-338 on December 14, 2007.) The legislative future of free trade agreements with Colombia, Panama, and South Korea is uncertain. For further discussions of TPA or fast-track legislative activity, the report lists CRS reports and Internet resources. This report will be updated as events warrant in the 110th Congress. Legislative Background Information Fast-track is an expedited procedure for congressional consideration of certain trade agreements. This process is tied to the President's authority provided by Congress to enter into trade agreements to reduce U.S. tariff and non-tariff barriers with other countries. The fast-track authority provides that Congress will consider trade agreement implementing bills within mandatory deadlines, with a limitation on debate, and without amendment, as long as the President meets prescribed requirements set out by law. Under the Reciprocal Trade Agreements Act of 1934 (P.L. 73-316), Congress delegated renewable authority to the President to negotiate reciprocal tariff reductions. The Trade Act of 1974 (P.L. 93-618) expanded this authority to include negotiations of nontariff trade barriers, but required more extensive reporting and consultations between Congress and the President during trade negotiations. This act also had a provision under which Congress would consider implementing bills for trade agreements under expedited CRS-2 congressional procedures, known as fast-track. Table 1 shows how Congress renewed fast-track authority on particular dates. In the years following the expiration of fast-track authority in 1994, there were several legislative proposals to reauthorize the trade authority procedures; these bills, including H.R. 2621 in the 105th Congress, did not pass. In the 107th Congress, several legislative proposals on trade promotion authority (TPA) were considered. The original House version of the Bipartisan Trade Promotion Authority Act (H.R. 3005) passed by one vote on December 6, 2001 (215-214). Another bill, H.R. 3009, was amended several times in the House and the Senate to include additional trade issues. Following House and Senate negotiations and agreement to the conference report for H.R. 3009, the President signed H.R. 3009, as P.L. 107-210, the Trade Act of 2002, on August 6, 2002. This major piece of trade legislation has the TPA provisions in Title XXI, Section 210l, as the Bipartisan Trade Promotion Authority Act of 2002. TPA procedures apply to implementing bills for trade agreements entered into before July 1, 2007. The Trade Act of 2002 also included provisions that extended the Andean Trade Preference Act, the Trade Adjustment Assistance programs, and the Generalized System of Preferences. More detailed information on congressional and executive procedures for TPA and free trade agreements can be found in the "Resources for Additional Information," at the end of this report. In Table 1, some of the listed bills focus solely on fast-track trade negotiating authority or TPA. Other bills are major landmarks of trade legislation, of which fast- track is only one of many trade provisions. These major trade acts, in boldface, include the Trade Act of 1974, the Trade Agreements Act of 1979, the Trade and Tariff Act of 1984, the Omnibus Trade and Competitiveness Act of 1988, and the Trade Act of 2002. Table 1. Votes on Legislation Authorizing or Extending Fast-Track Negotiating Authority for Trade Agreements Congress Bill and Title Description and Comments Votes rd 93 H.R. 10710 Trade reform, including provisions Passed House Dec. 11, 1973 Trade Act of 1974 in Title I for "negotiating and other (272-140). Passed Senate Dec. (P.L. 93-618, enacted authority" for trade agreements. 13, 1974 (77-4). Conference Jan. 3, 1975) Report passed Senate Dec. 20, 1974 (72-4). 96th H.R. 4537 Implemented trade agreements Passed House July 11, 1979 Trade Agreements Act negotiated by the United States in (395-7). Passed Senate of 1979 the Tokyo Round of the General July 23, 1979 (90-4). (P.L. 96-39, enacted Agreement on Tariffs and Trade July 26, 1979) (GATT). Extended for an additional 8 years (until Jan. 3, 1988), the President's authority to negotiate trade agreements under expedited procedures. 98th H.R. 3398 Included Section 401 (for the Passed House June 28, 1983 Trade and Tariff Act negotiation of a free trade agreement (368-43). Passed Senate of 1984 (P.L. 98-573, with Israel) and Section 404 (a Sept. 20, 1984 (96-0). enacted Oct. 30, 1984) provision on fast-track procedures Conference Report passed for perishable articles). House Oct. 9, 1984 (386-1). Related bill: H.R. 5377 U.S. Israel Free Trade Area Passed House Oct. 3, 1984 (416-6). Text of bill was inserted into H.R. 3398. CRS-3 Congress Bill and Title Description and Comments Votes 100th H.R. 4848 Comprehensive trade legislation Passed House July 13, 1988 Omnibus Trade and including section 1102, providing (376-45). Passed Senate Competitiveness Act authority for the President to enter Aug. 3, 1988 (85-11). of 1988 (P.L. 100-418, into reciprocal bilateral and enacted Aug. 23, 1988) multilateral trade agreements. See H.R. 3 below. Related bill: H.R. 3 Omnibus Trade and Passed House Apr. 30, 1987 Competitiveness Act of 1987. (290-137). Passed Senate July Provisions concerning trade 21, 1987 (71-27). Conference agreement authority were Report passed House Apr. 21, reintroduced into H.R. 4848, which 1988 (312-107). Conference was enacted as P.L. 100-418. Report passed Senate Apr. 27, 1988 (63-36). Vetoed by President, May 24, 1988. Motion to override veto passed House, May 24, 1988 (308- 113). Motion to override veto failed to pass in Senate, June 8, 1988 (61-37). S. 1420 Omnibus Trade and Several cloture motions on Competitiveness Act of 1987 amendments in 1987. 102nd H.Res. 101 Resolution disapproving the Failed House May 23, 1991 extension of fast-track procedures to (192-231). implement trade agreements entered into after May 31, 1991, and by May 31, 1993. H.Res. 146 Resolution concerning U.S. Passed House May 23, 1991 objectives of future trade (329-85). agreements. 102nd S.Res. 78 Resolution disapproving a two-year Failed Senate May 24, 1991 extension of fast-track procedures (36-59). under the Omnibus Trade and Competitiveness Act of 1988. 103rd H.R. 1876 Amended the Omnibus Trade and Passed House June 22, 1993 Uruguay Round of Competitiveness Act of 1988 to (295-126). Passed Senate Multilateral Trade extend fast-track procedures for June 30,1993 (76-16). Negotiations Uruguay Round trade agreements (P.L. 103-49, enacted entered into before April 16, 1994. July 2, 1993) 105th H.R. 2621 Reciprocal Trade Agreement Failed House Sept. 25, 1998 Authorities Act of 1997 (180-243). Failed to extend the trade authority procedures with respect to reciprocal trade agreements. 107th H.R. 3005 Bipartisan Trade Promotion Passed House Dec. 6, 2001 Authority Act of 2001 (215-214). H.R. 3009 TPA renewed in Title XXI, the Passed House Nov. 16, 2001 Trade Act of 2002 Bipartisan Trade Promotion (voice vote). Passed Senate (P.L. 107-210, enacted Authority Act of 2002. Other with an amendment May 23, Aug. 6, 2002) provisions in this major trade bill 2002 (66-30). Adoption of the include the Andean Trade rule (H.Res. 450) to expand the Preference Act, the Trade scope of the conference Adjustment Assistance programs, committee. Adopted in the and the Generalized System of House June 26, 2002 (216-215). Preferences program. House adopted conference report July 27, 2002 (215-212). Senate adopted conference report Aug. 1, 2002 (64-34). Source: Legislative Information System (LIS). CRS-4 Congress has applied fast-track legislative procedures to approve several reciprocal bilateral and multilateral trade agreements. Table 2 lists the uses of fast-track procedures in the implementation of trade agreements from 1979 to the present. The table does not include the implementing legislation for the U.S.-Jordan Free Trade Agreement (H.R. 2603 enacted as P.L. 107-43 on September 28, 2001); Congress did not consider this bill under fast-track procedures. In the 108th Congress, implementing legislation for free trade agreements was passed under fast-track procedures on four separate bills: ! H.R. 2738, the United States-Chile Free Trade Agreement Implementation Act, was signed on September 3, 2003 (P.L. 108-77). ! On the same day, H.R. 2739, the United States-Singapore Free Trade Agreement Implementation Act, was signed into law (P.L. 108-78). ! H.R. 4759, the United States-Australia Free Trade Agreement Act, was signed by the President on August 3, 2004 (P.L. 108-296). ! On August 17, 2004, H.R. 4842, the United States-Morocco Free Trade Agreement Implementation Act, was signed into law (P.L. 108-286). In the 109th Congress, implementing legislation for three free trade agreements was passed under fast-track procedures on three separate bills: ! H.R. 3045, the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (also referred to as CAFTA, CAFTA-DR, or DR-CAFTA), was signed by the President on August 2, 2005 (P.L. 109-53). ! H.R. 4340, the United States-Bahrain Free Trade Agreement Implementation Act, was signed into law on January 11, 2006. ! H.R. 5684, the United States-Oman Free Trade Agreement Implementation Act, was signed into law on September 26, 2006. Although TPA expired on July 1, 2007, four free trade agreements were signed in time to be considered by Congress under TPA procedures in the 110th Congress. H.R. 3688, the United States-Peru Trade Promotion Agreement Implementation Act, was passed by the House on November 8, 2007, and by the Senate on December 4, 2007. This bill was signed into law on December 14, 2007. The legislative future of three other free trade agreements (with Colombia, with Panama, and with South Korea) is uncertain. CRS-5 Table 2. Votes for Bills Using Fast-Track Procedures in the Implementation of Trade Agreements Congress Bill and Title Description and Comments Votes 96th Trade Agreements Act Approved the Tokyo Round of the Passed House of 1979 multilateral trade negotiations of the July 11, 1979 (395-7). (P.L. 96-39, H.R. GATT. Fast-track trade authority Passed Senate 4537, enacted stemmed from the Trade Act of 1974. July 23, 1979 (90-4). July 26, 1979) 99th United States-Israel Approved the free trade area between Passed House Free Trade Area the United States and Israel, under the May 7, 1985 (422-0). Implementation Act of Trade and Tariff Act of 1984. Passed Senate 1985 (P.L. 99-47, H.R. May 23, 1985 (voice vote). 2268, enacted June 11, 1985) 100th United States-Canada Approved the free trade agreement Passed House Free Trade Agreement between the United States and Canada. Aug. 9, 1988 (366-40). Implementation Act of Passed Senate 1988 (P.L. 100-449, Sept. 19, 1988 (83-9). H.R. 5090, enacted Sept. 28, 1988) 103rd North American Free Approved the North American Free Passed House Trade Agreement Trade Agreement (NAFTA) between Nov. 17, 1993 (234-200). Implementation Act the United States, Canada, and Mexico. Passed Senate Nov. 20, (P.L. 103-182, H.R. 1993 (61-38). 3450, enacted Dec. 8, 1993) Uruguay Round Approved the trade agreements Passed House Agreements Act (P.L. concluded in the Uruguay Round of Nov. 29, 1994 (288-146). 103-465, H.R. 5110, multilateral trade negotiations. Passed Senate Dec. 1, 1994 enacted Dec. 8, 1994) (76-24). 108th United States-Chile Approved the free trade agreement Passed House Free Trade Agreement between the United States and Chile. July 24, 2003 (270-156). Implementation Act Passed Senate (P.L. 108-77, H.R. July 31, 2003 (65-32). 2738, enacted Sept. 3, 2003) United States- Approved the free trade agreement Passed House Singapore Free Trade between the United States and July 24, 2003 (272-155). Agreement Singapore. Passed Senate Implementation Act July 31, 2003 (66-32). (P.L. 108-78, H.R. 2739, enacted Sept. 3, 2003) United States-Australia Approved the free trade agreement Passed House Free Trade Agreement between the United States and July 14, 2004 (314-109). Implementation Act Australia. Passed Senate (P.L. 108-286, H.R. July 15, 2004 (80-16). 4759, enacted Aug. 3, 2004) United States-Morocco Approved the free trade agreement Passed House Free Trade Agreement between the United States and July 22, 2004 (323-99). Implementation Act Morocco. Passed Senate (P.L. 108-302, H.R. July 22, 2004 (unanimous 4842, enacted Aug. consent, no recorded vote). 17, 2004) CRS-6 Congress Bill and Title Description and Comments Votes 109th Dominican Republic- Approved the free trade agreement Passed House July 28, 2005 Central America- between the United States and the (217-215). United States Free Dominican Republic, Costa Rica, El Passed Senate July 28, Trade Agreement Salvador, Honduras, Guatemala, and 2005 (55-45). Implementation Act Nicaragua. (P.L. 109-53, H.R. Related bill: S. 1307, 3045, enacted Aug. 2, The Constitution requires trade passed Senate June 30, 2005) agreements as revenue measures to 2005 (54-45), with no originate in the House. further congressional action. United States-Bahrain Approved the free trade agreement Passed House December 7, Free Trade Agreement between the United States and Bahrain. 2005 (327-95). Implementation Act Passed Senate December (P.L. 109-169 , H.R. 13, 2005 (unanimous 4340, enacted Jan. 11, consent, no recorded vote.) 2006) United States-Oman Approved the free trade agreement Passed House July 20, 2006 Free Trade Agreement between the United States and Oman. (221-205). Implementation Act Passed Senate September (P.L. 109-283, H.R. 19, 2006 (62-32). 5684, enacted September 26, 2006) Related bill: S. 3569, passed Senate June 29, 2006 (60-34), with no further congressional action. 110th United States-Peru Approved the United States-Peru Trade Passed House November 8, Trade Promotion Promotion Agreement. 2007 (285-132). Agreement Passed Senate December 4, Implementation Act 2007 (77-18). (P.L. 110-138, H.R. 3688, enacted December 14, 2007) Source: LIS. Resources for Additional Information CRS Report RL33743, Trade Promotion Authority (TPA): Issues, Options, and Prospects for Renewal, by J. F. Hornbeck and William H. Cooper. CRS Report RL31356, Free Trade Agreements: Impact on U.S. Trade and Implications for U.S. Trade Policy, by William H. Cooper. CRS Report RL33463, Trade Negotiations During the 110th Congress, by Ian Fergusson. CRS Report 97-896, Why Certain Trade Agreements Are Approved as Congressional- Executive Agreements Rather Than as Treaties, by Jeanne Grimmett. Office of the United States Trade Representative (USTR) Website, with a section on "Trade Agreements" discussing the status of U.S. trade agreements and negotiations, at [http://www.ustr.gov/Trade_Agreements/Section_Index.html]. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RS21004