	Background on Trade Promotion Authority (TPA)

		What is Trade Promotion Authority? Trade promotion authority (TPA), sometimes called "fast track," refers to the process Congress has made available to the President for limited periods to enable legislation to approve and implement certain international trade agreements to be considered under expedited legislative procedures. If the content of the implementing bill and the process of negotiating and concluding it meet certain requirements, TPA ensures time-limited congressional consideration and an up-or-down vote with no amendments. In order to be eligible for this expedited consideration, a trade agreement must be negotiated during the limited time period for which TPA is in effect, and must advance a series of U.S. trade negotiating objectives specified in the TPA statute. In addition, the negotiations must be conducted in conjunction with an extensive array of required notifications to and consultations with Congress and other public and private sector stakeholders. Finally, the President must submit to Congress a draft implementing bill, which must meet specific content requirements, and a range of supporting information. If, in any given case, Congress judges that these requirements have not been met, TPA provides mechanisms through which the implementing bill may be made ineligible for expedited consideration. The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015) ( H.R. It was signed by the President on June 29, 2015 ( P.L. 114-26 ). Is TPA necessary? Fast track was renamed Trade Promotion Authority (TPA) in the Bipartisan Trade Promotion Authority Act of 2002 ( P.L. Can TPA procedures be used for consideration of the renegotiated North American Free Trade Agreement (NAFTA)? The three nations signed what is now known as the United States-Mexico-Canada Agreement (USMCA) on November 30, 2018. Congress exercises its trade policy role, in part, by defining trade negotiating objectives in TPA legislation. How are currency issues addressed under TPA-2015? TPA 2015 maintains TPA-2002 requirements that the President
notify Congress 90 calendar days prior to initiating negotiations on a reciprocal trade agreement with a foreign country; notify Congress 90 calendar days prior to entering into (signing) a trade agreement; notify Congress 60 days prior to entering into the agreement of any expected changes in U.S. law that would be required in order to be in compliance with the trade agreement; notify the House Ways and Means Committee and the Senate Finance Committee of any changes in U.S. trade remedy laws (discussed earlier) that would be required by the trade agreement 180 calendar days prior to entering into a trade agreement; and comply with special notification and reporting requirements for agriculture, fishing industry, and textiles and apparel. What are the various reporting requirements under TPA-2015? These include the following:
Extension disapproval resolution (see below). TPA was extended to July 1, 2021 in 2018. Report on TPA. What is the purpose of the expedited procedures for considering implementing bills?
Legislation to reauthorize Trade Promotion Authority (TPA)—sometimes called "fast track"—the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015), was signed into law by former President Obama on June 29, 2015 (P.L. 114-26). If the President negotiates an international trade agreement that would reduce tariff or nontariff barriers to trade in ways that require changes in U.S. law, the United States can implement the agreement only through the enactment of legislation. If the trade agreement and the process of negotiating it meet certain requirements, TPA allows Congress to consider the required implementing bill under expedited procedures, pursuant to which the bill may come to the floor without action by the leadership, and can receive a guaranteed up-or-down vote with no amendments.
Under TPA, an implementing bill may be eligible for expedited consideration if (1) the trade agreement was negotiated during the limited time period for which TPA is in effect; (2) the agreement advances a series of U.S. trade negotiating objectives specified in the TPA statute; (3) the negotiations were conducted in compliance with an extensive array of notification and consultation with Congress and other stakeholders; and (4) the President submits to Congress a draft implementing bill, which must meet specific content requirements, and a range of required supporting information. If, in any given case, Congress judges that these requirements have not been met, TPA provides mechanisms through which the eligibility of the implementing bill for expedited consideration may be withdrawn in one or both chambers.
TPA is authorized through July 1, 2021. The United States has now renegotiated the North American Free Trade Agreement (NAFTA), now known as the United States-Mexico-Canada Agreement (USMCA) for which TPA could be used to consider implementing legislation. The issue of TPA reauthorization raises a number of questions regarding TPA, and this report addresses a number of those questions that are frequently asked, including the following:
What is trade promotion authority? Is TPA necessary? What are trade negotiating objectives and how are they reflected in TPA statutes? What requirements does Congress impose on the President under TPA? Does TPA affect congressional authority on trade policy?
For more information on TPA, see CRS Report RL33743, Trade Promotion Authority (TPA) and the Role of Congress in Trade Policy, by Ian F. Fergusson and CRS In Focus IF10038, Trade Promotion Authority (TPA), by Ian F. Fergusson.