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Trade Promotion Authority (TPA) and the Role of Congress in Trade Policy
Summary
Legislation to reauthorize Trade Promotion Authority ("TPA"), sometimes called "fast track," was
introduced as the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-
2015; H.R. 1890/S. 995) on April 16, 2015. The legislation was reported by the Senate Finance
Committee on April 22, 2015, and by the House Ways and Means Committee the next day. TPA,
as incorporated into H.R. 1314 by substitute amendment, passed the Senate on May 22 by a vote
of 62-37. In the House of Representatives, the measure was voted on under a procedure known as
"division of the question," which requires separate votes on each component, but approval of both
to pass. On June 12, TPA (Title I) passed by a vote of 219-211, but Trade Adjustment Assistance
(Title II) was defeated 126-302. A motion to reconsider that vote was laid by Speaker Boehner
shortly after that vote. On June 18, the House again voted on TPA, in an amendment identical to
the Senate version attached to H.R. 2146, an unrelated House bill. This amendment did not
include Trade Adjustment Assistance (TAA). This legislation passed by a vote of 218-206. The
legislation is pending in the Senate. The previous grant of authority expired on July 1, 2007.
TPA is the process Congress has made available to the President to enable legislation to approve
and implement certain international trade agreements to be considered under expedited legislative
procedures for limited periods, provided the President observes certain statutory obligations. TPA
defines how Congress has chosen to exercise its constitutional authority over a particular aspect
of trade policy, while giving the President added leverage to negotiate trade agreements by
effectively assuring U.S. trade partners that final agreements will be given timely and unamended
consideration. On July 30, 2013, President Obama first publicly requested that Congress
reauthorize TPA, and he reiterated his request for TPA in his January 20, 2015, State of the Union
address. Legislation to renew TPA was introduced in the 113th Congress (H.R. 3830) (S. 1900),
but it was not acted upon.
TPA reflects decades of debate, cooperation, and compromise between Congress and the
executive branch in finding a pragmatic accommodation to the exercise of each branch's
respective authorities over trade policy. The expedited legislative procedures have not changed
since first codified in the Trade Act of 1974 (P.L. 93-618). Congress, however, has required that
the authority to use TPA be periodically reauthorized, and at times has chosen to revise trade
negotiation objectives, the consultative mechanism, and presidential notification requirements.
While early versions of fast track/TPA received bipartisan support, later renewal efforts have been
more controversial, culminating in a more partisan vote on the 2002 TPA renewal. Future debates
on TPA renewal may center on trade negotiation objectives, congressional oversight of trade
negotiations, trade agreement enforcement, and clarifying the congressional authority over
approval of reciprocal trade agreements and trade policy more generally, among others.
TPA renewal may become a more pressing issue in the 114' Congress because current trade
negotiations on the Trans-Pacific Partnership (TPP), the Transatlantic Trade and Investment
Partnership (TTIP), and the Trade in Services Agreement (TISA) are in progress. Technically,
TPA is not necessary to begin or even conclude trade negotiations, but it is widely understood to
be a key element of defining congressional authority, and of passing trade agreement
implementing legislation. Therefore, its renewal can be construed as signaling serious
congressional support for moving ahead with trade negotiations. Addressing congressional
concerns over the definition and operation of TPA may be a central part of the debate.
Although there appears to be support for renewal of TPA in Congress, the details of the legislation
are likely to be subject to considerable debate, including the specific treatment of any relatedCongressional Research Service
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Fergusson, Ian F. Trade Promotion Authority (TPA) and the Role of Congress in Trade Policy, report, June 18, 2015; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc809340/m1/2/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.