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# Legislative Bulletin.................................................April 10, 2008

**Contents:**

> **H.Res. 1092**---Relating to the consideration of the bill (H.R.
> 5724) to implement the United States-Colombia Trade Promotion
> Agreement

H.Res. 1092---Relating to the consideration of the bill (H.R. 5724) to
implement the United States-Colombia Trade Promotion Agreement
(*Slaughter, D-NY*)

**[Order of Business]{.underline}**: The privileged resolution is
scheduled to be considered on Thursday, April 10. No amendments are
allowed.

**[Summary]{.underline}**: H.Res. 1092 would provide that Section
151(e)(1) and Section 151(f)(1) of the Trade Act of 1974, commonly known
as Trade Promotion (or "fast track") Authority, would not apply in the
case of the bill ([H.R.
5724](http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h.r.05724:/)) to
implement the United States-Colombia Trade Promotion Agreement. Trade
Promotion Authority (TPA), which technically expired in 2007 but would
still apply to the Colombia Free Trade Agreement (FTA) because the
agreement was completed (November 2006) before TPA's expiration, is the
term for the expedited congressional consideration granted to free trade
agreements by Public Law 107-210 (19 U.S.C. 2191).

H.Res. 1092 would [not]{.underline} invalidate [all]{.underline} of TPA
for the Colombia FTA, but would turn off the timing mechanisms for
[bringing]{.underline} the Colombia FTA [to]{.underline} the House
floor. H.Res. 1092 would [leave in place]{.underline} TPA's rules
regarding the introduction of FTA implementing legislation, the
committee referral of such legislation, the prohibition on amendments to
such legislation, debate on such legislation once it's already on the
House floor, definitions of key terms, and any provisions regarding
Senate consideration.

Specifically, H.Res. 1092 would turn **[off]{.underline}** the following
TPA provisions as they apply to the Colombia FTA:

> **(e)** **Period for committee and floor consideration**
>
> **(1)** Except as provided in paragraph (2), if the committee or
> committees of either House to which an implementing bill or approval
> resolution has been referred have not reported it at the close of the
> 45^th^ day after its introduction, such committee or committees shall
> be automatically discharged from further consideration of the bill or
> resolution and it shall be placed on the appropriate calendar. A vote
> on final passage of the bill or resolution shall be taken in each
> House on or before the close of the 15^th^ day after the bill or
> resolution is reported by the committee or committees of that House to
> which it was referred, or after such committee or committees have been
> discharged from further consideration of the bill or resolution. If
> prior to the passage by one House of an implementing bill or approval
> resolution of that House, that House receives the same implementing
> bill or approval resolution from the other House, then---
>
> **(A)** the procedure in that House shall be the same as if no
> implementing bill or approval resolution had been received from the
> other House, but
>
> **(B)** the vote on final passage shall be on the implementing bill or
> approval resolution of the other House.
>
> AND
>
> **(f)** **Floor consideration in the House**
>
> **(1)** A motion in the House of Representatives to proceed to the
> consideration of an implementing bill or approval resolution shall be
> highly privileged and not debatable. An amendment to the motion shall
> not be in order, nor shall it be in order to move to reconsider the
> vote by which the motion is agreed to or disagreed to.

In other words, today's resolution would [turn off]{.underline} the
requirement that the Colombia FTA implementing legislation (H.R. 5724)
be automatically discharged from committee 45 legislative days after
referral, if not reported from committee, and that the implementing
legislation be considered on the House floor within legislative 15 days
of either being reported or discharged from committee. Because President
Bush transmitted the Colombia Free Trade Agreement to Congress on
Tuesday, April 8, 2008, the normal TPA procedures would require a
final-passage vote on the Colombia FTA implementing legislation no later
than the week before the start of the August recess. (The Senate's
30-day TPA timeframe---15 legislative days for committee and 15
legislative days before floor action---would remain intact.)

Today's resolution would also [turn off]{.underline} the requirement
that a motion in the House to consider the Colombia FTA implementing
legislation be privileged, non-debatable, non-amendable, and shielded
from a motion to reconsider.

Note that, although the rules for the consideration of FTAs are set in
statute (19 U.S.C. 2191), the United States Constitution, in Article I,
Section 5, Clause 2, provides that, "Each House may determine the Rules
of its Proceedings...." Thus, either congressional body may alter any
rules of procedure in statute simply by passing a special rule (as the
House is doing today). In fact, the language of TPA itself notes
"...full recognition of the constitutional right of either House to
change the rules (so far as relating to the procedure of that House) at
any time, in the same manner and to the same extent as in the case of
any other rule of that House."

**[Additional Background]{.underline}**: Colombia is both an economic
and a strategic partner in South America.

[Economic Partner]{.underline}. Colombia represents a market of 44
million people. Most Colombian exports to the United States enter here
duty-free, but the reverse is not true. Some Colombia tariffs are as
high as 35% for manufactured goods and as high as 80% for agricultural
goods. On the date that the FTA with Colombia enters into force, 80% of
industrial and consumer goods exported to Colombia would enter
duty-free. The remainder would phase out within ten years thereafter.

<http://www.ustr.gov/assets/Document_Library/Press_Releases/2008/April/asset_upload_file109_14727.pdf>

[Strategic Partner]{.underline}. Colombia is a success story for the
world. Most prominently, the Colombian Government has taken steps
against terrorists groups and violence within its borders that, since
2005, over 31,000 members from 35 paramilitary groups, mainly from the
AUC (United Self-Defense Forces of Colombia), have demobilized. Since
2002, more than 10,500 members of the leftist insurgent groups FARC
(Revolutionary Armed Forces of Colombia) and ELN (National Liberation
Army) have chosen to individually demobilize, leaving their units and
turning themselves in to Colombian authorities.

This crackdown on terrorism and violence dovetails with the Colombian
anti-drug efforts, which have kept an average of 400 metric tons of
cocaine per year from reaching the U.S. market.

Furthermore, the Colombian Government remains stubbornly pro-democracy
and pro-America, despite numerous domestic and internal pressures, and
serves as a critical geo-strategic counterbalance to neighboring
Venezuela and Ecuador, both of which harbor international terrorists.

<http://www.ustr.gov/assets/Trade_Agreements/Bilateral/Colombia_FTA/asset_upload_file144_13716.pdf>

[Democrat Concerns]{.underline}. Many Democrats remain opposed to the
Colombia FTA, not for economic reasons, and not because they do not see
Colombia as a strategic partner for the U.S., but because they rank
these considerations below certain concerns over labor conditions and
rights in Colombia. However, the U.S. Trade Representatives notes that
the FTA includes an enforceable reciprocal obligation for the countries
to adopt and maintain in their laws and practice without waiver the core
internationally-recognized labor rights as stated in the 1998 ILO
Declaration on Fundamental Principles and Rights at Work, including a
prohibition on the worst forms of child labor. There is also an
enforceable obligation to effectively enforce labor laws related to
those rights and to working conditions. These labor obligations are
subject to the same dispute settlement procedures and enforcement
mechanisms as obligations in other chapters of the FTA. The Agreement
also establishes a cooperative mechanism for the governments to develop
cooperative activities aimed at promoting and advancing fundamental
labor rights.

For a variety of details and background about the Colombia FTA,
including state-by-state benefits of the FTA, sector-by-sector industry
benefits of the FTA, and a list of supporters of the FTA, or to read the
FTA text itself, please go to this link:
<http://www.ustr.gov/Trade_Agreements/Bilateral/Colombia_FTA/Section_Index.html>.

**[RSC Bonus Fact]{.underline}**: According to the U.S. Trade
Representative, U.S. export growth accounted for 40% of U.S. Gross
Domestic Product (GDP) growth in 2007, and U.S. exports to our FTA
partner countries have grown 40% faster than U.S. exports to the rest of
the world.
<http://www.ustr.gov/assets/Document_Library/Press_Releases/2008/April/asset_upload_file109_14727.pdf>

**[Committee Action]{.underline}**: On April 9, 2008, the resolution was
introduced and referred to the Rules Committee (original jurisdiction),
where it was reported on the same day to the full House by a party-line
vote of 9-3.

**[Possible Conservative Concerns]{.underline}**: Many conservatives
will be concerned that this resolution would delay, possibly
indefinitely, the consideration of the Colombia Free Trade Agreement,
which many conservatives regard as vital for economic and geo-political
reasons. Additionally, some conservatives, who are already concerned
about last year's expiration of Trade Promotion Authority (TPA), may be
concerned that this resolution would reach back and negate portions of
Trade Promotion Authority applicable to a trade agreement completed
[before]{.underline} TPA's expiration.

**[Administration Position]{.underline}**: The Administration is
strongly in favor of implementing the Colombia FTA as soon as possible
and thus is against this resolution.

**[Cost to Taxpayers]{.underline}**: The resolution would authorize no
expenditure.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax
Benefits/Limited Tariff Benefits?]{.underline}**: A statement verifying
that H.Res. 1092 contains no earmarks, limited tax benefits, or limited
tariff benefits was not available at press time, though it is worth
noting that H.Res. 1092 would, by delaying the implementation of the
Colombia Free Trade Agreement, indirectly inflict broad tariff harm on
the American people.

**[Constitutional Authority]{.underline}**: Though a committee report
citing constitutional authority was not available for this resolution at
press time, Article I, Section 5, Clause 2 of the U.S. Constitution
provides that, "Each House may determine the Rules of its
Proceedings...."

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718