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Trade Promotion Authority (TPA)


Updated February 7, 2019


Overview
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 Fig. 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.

NAFTA.   Legislation to implement a potential renegotiated
North American  Free Trade Agreement (NAFTA)  may  be
eligible for consideration under TPA. On May 18, 2017,
pursuant to TPA, the President sent Congress a 90-day
notification of his intent to begin talks with Canada and
Mexico  to renegotiate and modernize NAFTA, allowing
negotiations to begin in August 2017. After a year of
negotiations, USTR Lighthizer announced a preliminary
agreement with Mexico on August 27, 2018. On August 31,
President Trump gave Congress the required notice 90-day
notice that he would sign a revised deal with Mexico. After
further negotiations, Canada joined the pact and it was
concluded on September 30, 2018. The three nations signed
the agreement on November  30, 2019. The Administration
satisfied the requirement to provide Congress with a list of
changes to U.S. law required to implement the agreement
on January 29, 2019. However, the government shutdown
delayed work on the International Trade Commission report
on the economic effects of the agreement, which is now
expected to be delivered to Congress by April 20, 2019.

The proposed USMCA may be the   first agreement
considered under the 2015 TPA. 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.

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
agreements that reduced tariffs within pre-approved 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, pre-approval 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 13 FTAs and two multilateral
    GATT/WTO rounds
*   TPA2015:  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.

Key   Elements of TPAs
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.
Notification and Consultation-TPA   authority and the
expedited procedures are extended to the President, subject


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