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1 1 (December 23, 2019)

handle is hein.crs/govbcwt0001 and id is 1 raw text is: Trade Promotion Authority (TPA) What is TPA? The Trade Promotion Authority (TPA), previously known as Fast-Track Authority, is the time- limited authority that Congress uses to set trade negotiating objectives, to establish notification and consultation requirements, and to consider implementing legislation for certain reciprocal trade agreements under expedited procedures, provided that they meet certain statutory requirements (see Figure 1). What is the current status of TPA? The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA) (P.L. 114-26) was signed by then-President Obama on June 29, 2015, after a contentious legislative debate. TPA is authorized through July 1, 2021. USMCA. TPA is being used for the consideration of the United States-Mexico-Canada Agreement (USMCA). The following chart list the key notification and consultation requirements. TPA: Notification and Consultation Dates and Deadlines for USMCA * May 18, 2017: President sends 90-day notification of intent to begin negotiations with Canada and Mexico. * August 30, 2018: Notification to Congress of intent to sign agreement with Mexico. * September 30, 2018: USMCA draft text released. Advisory committee reports released. * November 30, 2018: Agreement is signed. * January 29, 2019: List of required changes to U.S. law delivered to Congress. * April 18, 2019: International Trade Commission (ITC) report released (extended due to government shutdown). * May 30, 2019: Draft Statement of Administration Action (SAA) and text of the agreement submitted to Congress. * December 13 and 16, 2019: Implementing legislation introduced in House and Senate. * 90 legislative day deadline for Congress to vote. Under TPA procedures, the Trump Administration notified Congress on October 16, 2018, that it also plans to enter negotiations with the European Union, Japan, and the United Kingdom for potential trade agreements. In October 2019, the United States and Japan signed two bilateral agreement that are not being considered under TPA. Why TPA? The President has the authority to negotiate international agreements, including free trade agreements (FTAs), but the Constitution gives the U.S. Congress sole authority over the regulation of foreign commerce. For 145 years, Congress exercised this authority by directly setting tariff rates. This policy changed with the Reciprocal Trade Agreements Act of 1934 (RTAA). Congress delegated authority to the President to enter into reciprocal trade - mmm, go mppm qq\ , q I as 11LIANJILiN, Updated December 23, 2019 agreements that reduced tariffs within preapproved levels, which did not require further congressional action. In the 1960s, nontariff barriers became topics of trade negotiations. Congress found it necessary to alter the delegated RTAA tariff authority to require implementing legislation to authorize changes in U.S. law necessary to meet these new obligations. Thus, preapproval was no longer an option. Given an implementing bill could face a potential amendment that could alter a long-negotiated agreement, Congress adopted fast-track authority in the Trade Act of 1974 to provide expedited legislative consideration. Fast-track Authority was renamed Trade Promotion Authority in the Trade Act of 2002. TPA: Key Facts * First enacted in 1974 * Renewed 4 times * Used to consider 14 FTAs and 2 multilateral GATT/WTO rounds * TPA 2015: In force until July 1, 2021 Congress has sought to achieve four major goals in TPA: (1) define trade policy priorities by specifying negotiating objectives; (2) ensure that the executive branch advances these objectives by requiring notification and consultation with Congress; (3) define the terms, conditions, and procedures under which the President may enter into trade agreements and to determine which implementing bills may be approved under expedited authority; and (4) reaffirm the constitutional authority of Congress over trade policy by placing limitations on the use of TPA. Trade Agreements Authority First enacted by the Trade Act of 1974, TPA provides authority to the President to enter into reciprocal trade agreements on reducing tariff and nontariff barriers. However, Congress must introduce implementing legislation for the agreement to come into effect. This legislation approves the agreement, authorizes changes to existing law and/or changes strictly necessary or appropriate for its implementation. If enacted, the trade agreement then can enter into force by presidential proclamation. Expedited Procedures The implementing bill is subject to (1) mandatory introduction; (2) automatic discharge from the committees of jurisdiction; (3) time-limited floor debate; and (4) an up or down, simple majority vote. Negotiating Objectives Defined by Congress in TPA, the executive branch is expected to advance U.S. trade negotiating objectives if it expects to have the implementing bill considered under expedited rules. ~fl:O~

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