Trade Promotion Authority and Fast-Track Negotiating Authority for Trade Agreements: Major Votes

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 expeditedth
procedures in the 110 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



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
CongressBill and TitleDescription and CommentsVotes
93rd H.R. 10710Trade reform, including provisionsPassed House Dec. 11, 1973
Trade Act of 1974in Title I for “negotiating and other(272-140). Passed Senate Dec.
(P.L. 93-618, enactedauthority” 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 agreementsPassed House July 11, 1979
Trade Agreements Actnegotiated by the United States in(395-7). Passed Senate
of 1979the Tokyo Round of the GeneralJuly 23, 1979 (90-4).
(P.L. 96-39, enactedAgreement 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. 3398Included Section 401 (for thePassed House June 28, 1983
Trade and Tariff Actnegotiation of a free trade agreement(368-43). Passed Senate
of 1984 (P.L. 98-573,with Israel) and Section 404 (aSept. 20, 1984 (96-0).
enacted Oct. 30, 1984)provision on fast-track proceduresConference 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.



CongressBill and TitleDescription and CommentsVotes
100th H.R. 4848 Comprehensive trade legislationPassed House July 13, 1988
Omnibus Trade andincluding section 1102, providing(376-45). Passed Senate
Competitiveness Actauthority for the President to enterAug. 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 andPassed House Apr. 30, 1987
Competitiveness Act of 1987.(290-137). Passed Senate July
Provisions concerning trade21, 1987 (71-27). Conference
agreement authority wereReport passed House Apr. 21,
reintroduced into H.R. 4848, which1988 (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. 1420Omnibus Trade andSeveral cloture motions on
Competitiveness Act of 1987amendments in 1987.
102nd H.Res. 101Resolution disapproving theFailed 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. 146Resolution concerning U.S.Passed House May 23, 1991
objectives of future trade(329-85).
agreements.
102nd S.Res. 78Resolution disapproving a two-yearFailed Senate May 24, 1991
extension of fast-track procedures(36-59).
under the Omnibus Trade and
Competitiveness Act of 1988.
103rd H.R. 1876Amended the Omnibus Trade andPassed House June 22, 1993
Uruguay Round ofCompetitiveness Act of 1988 to(295-126). Passed Senate
Multilateral Tradeextend fast-track procedures forJune 30,1993 (76-16).
NegotiationsUruguay Round trade agreements
(P.L. 103-49, enactedentered into before April 16, 1994.
July 2, 1993)
105th H.R. 2621Reciprocal Trade AgreementFailed House Sept. 25, 1998
Authorities Act of 1997(180-243). Failed to extend the
trade authority procedures with
respect to reciprocal trade
agreemen t s .
107thH.R. 3005Bipartisan Trade Promotion Passed House Dec. 6, 2001
Authority Act of 2001(215-214).
H.R. 3009 TPA renewed in Title XXI, thePassed House Nov. 16, 2001
Trade Act of 2002Bipartisan Trade Promotion(voice vote). Passed Senate
(P.L. 107-210, enactedAuthority Act of 2002. Otherwith an amendment May 23,
Aug. 6, 2002) provisions in this major trade bill2002 (66-30). Adoption of the
include the Andean Traderule (H.Res. 450) to expand the
Preference Act, the Tradescope of the conference
Adjustment Assistance programs,committee. Adopted in the
and the Generalized System ofHouse 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).



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 inth
time to be considered by Congress under TPA procedures in the 110 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.



Table 2. Votes for Bills Using Fast-Track Procedures in the
Implementation of Trade Agreements
CongressBill and TitleDescription and CommentsVotes
96th Trade Agreements ActApproved the Tokyo Round of the Passed House
of 1979 multilateral trade negotiations of theJuly 11, 1979 (395-7).
(P.L. 96-39, H.R.GATT. Fast-track trade authorityPassed Senate
4537, enacted stemmed from the Trade Act of 1974. July 23, 1979 (90-4).
July 26, 1979)
99th United States-IsraelApproved the free trade area betweenPassed House
Free Trade Areathe United States and Israel, under theMay 7, 1985 (422-0).
Implementation Act ofTrade 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-CanadaApproved the free trade agreementPassed House
Free Trade Agreementbetween the United States and Canada. Aug. 9, 1988 (366-40).
Implementation Act ofPassed Senate
1988 (P.L. 100-449,Sept. 19, 1988 (83-9).
H.R. 5090, enacted
Sept. 28, 1988)
103rd North American FreeApproved the North American FreePassed House
Trade AgreementTrade Agreement (NAFTA) betweenNov. 17, 1993 (234-200).
Implementation Actthe United States, Canada, and Mexico. Passed Senate Nov. 20,
(P.L. 103-182, H.R.1993 (61-38).
3450, enacted
Dec. 8, 1993)
Uruguay RoundApproved the trade agreementsPassed House
Agreements Act (P.L.concluded in the Uruguay Round ofNov. 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-ChileApproved the free trade agreementPassed House
Free Trade Agreementbetween the United States and Chile. July 24, 2003 (270-156).
Implementation ActPassed Senate
(P.L. 108-77, H.R.July 31, 2003 (65-32).
2738, enacted Sept. 3,
2003)
United States-Approved the free trade agreementPassed House
Singapore Free Tradebetween the United States andJuly 24, 2003 (272-155).
AgreementSingapore.Passed Senate
Implementation Act July 31, 2003 (66-32).
(P.L. 108-78, H.R.
2739, enacted Sept. 3,
2003)
United States-AustraliaApproved the free trade agreementPassed House
Free Trade Agreementbetween the United States andJuly 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-MoroccoApproved the free trade agreementPassed House
Free Trade Agreementbetween the United States andJuly 22, 2004 (323-99).
Implementation ActMorocco. Passed Senate
(P.L. 108-302, H.R.July 22, 2004 (unanimous
4842, enacted Aug. consent, no recorded vote).


17, 2004)

CongressBill and TitleDescription and CommentsVotes
109thDominican Republic-Approved the free trade agreementPassed House July 28, 2005
Central America-between the United States and the(217-215).
United States FreeDominican Republic, Costa Rica, ElPassed Senate July 28,
Trade AgreementSalvador, Honduras, Guatemala, and2005 (55-45).
Implementation ActNicaragua.
(P.L. 109-53, H.R.Related bill: S. 1307,
3045, enacted Aug. 2,The Constitution requires tradepassed Senate June 30,
2005) agreements as revenue measures to2005 (54-45), with no
originate in the House.further congressional
action.
United States-BahrainApproved the free trade agreementPassed House December 7,
Free Trade Agreementbetween the United States and Bahrain. 2005 (327-95).
Implementation ActPassed Senate December
(P.L. 109-169 , H.R.13, 2005 (unanimous
4340, enacted Jan. 11,consent, no recorded vote.)
2006)
United States-OmanApproved the free trade agreementPassed House July 20, 2006
Free Trade Agreementbetween the United States and Oman. (221-205).
Implementation ActPassed 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.
110thUnited States-PeruApproved the United States-Peru TradePassed House November 8,
Trade PromotionPromotion Agreement. 2007 (285-132).
AgreementPassed Senate December 4,
Implementation Act2007 (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].