Trade Promotion (Fast-Track) Authority: H.R. 3005 Provisions and Related Issues

Publication Date: November 2001

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Trade

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Abstract:

A major trade issue in the 107th Congress is whether or not Congress will approve authority for the President to negotiate trade agreements and submit the agreements for implementation under expedited legislative procedures (mandatory deadlines, limited debate, no amendment). The President must meet certain consultation and notification requirements. This authority, commonly called "fasttrack authority" or "trade promotion authority" (TPA), lapsed in 1994.

This report analyzes a major TPA proposal, H.R. 3005, introduced by Representative Thomas, Chairman of the House Ways and Means Committee, and reported out of that Committee on October 16, 2001. Some comparisons are made between H.R. 3005 and the trade negotiating authority bill H.R. 3019, introduced by Representative Rangel, Ranking Member on the Ways and Means Committee.

Congressional debate of fast-track/TPA legislation arrives at a period of growing global economic uncertainty and of a changing world trading system. Proposed TPA legislation reflects, in part, the shifting global trade environment. Sharp differences divide the 107th Congress on trade policy objectives.

Both H.R. 3005 and H.R. 3019 are similar in their basic structure and in many provisions. However, they have major differences in their negotiating objectives, conditions for considering agreements under expedited procedures, congressional advisory bodies, and withdrawal of expedited procedures. Regarding labor provisions, H.R. 3005 aims to "promote respect for worker rights consistent with the International Labor Organization (ILO)," and to treat labor objectives "equally" with other negotiating objectives. H.R. 3019 aims to "promote enforcement of internationally recognized core labor standards by trading partners," and to provide for "all remedies to promote prompt and full compliance."

H.R. 3005 gives greater attention to the environment than previous fast-track authority, and has some similarities with H.R. 3019. For example, both seek to ensure that parties do not fail to enforce environmental laws and to make failures subject to enforcement. Environmental provisions in H.R. 3019, however, are more extensive; e.g., the bill seeks clear exceptions from trade obligations for environmental measures (including those to implement multilateral environmental agreements).

H.R. 3005 would establish the Congressional Oversight Group, a new body of congressional advisors on trade negotiations, and set out consultation and notification requirements for the executive branch. H.R. 3019 would not add a new body of advisors, but would require more consultation than H.R. 3005.

Both bills would allow withdrawal of expedited procedures for an implementing bill, but under different circumstances. H.R. 3005 provides for withdrawal if the President fails to meet the consultation requirements. H.R. 3019 provides for withdrawal of expedited procedures before or during negotiations or before the President enters into an agreement, but does not require that a reason be specified.