Major Votes on Free Trade Agreements and Trade Promotion Authority
Released: 2020-03-30T00:00:00

Congress and Free Trade Agreements

This report compiles the final congressional votes on free trade agreements (FTAs), trade promotion authority (TPA), and U.S membership to the World Trade Organization (WTO).

In the past 30 years, the United States has pursued bilateral, regional, and multilateral trade agreements in an attempt to liberalize markets and reduce trade and investment barriers. Congress has played a central role in shaping this trade policy. Congressâthrough debate and legislationâdefines trade negotiation priorities, approves FTAs, and helps oversee agreements' implementation and enforcement.

While the President has the authority to negotiate treaties with foreign countries, Congress has sole constitutional authority to regulate international trade. Since 1934, Congress has periodically delegated some authority to negotiate trade agreements to the President. In the Trade Act of 1974, Congress outlined many of the congressional and executive roles regarding trade agreements; Congress delegated negotiation authority to the President, but required congressional approval (through implementation legislation) of free trade agreements. Congress also created a process to allow for expedient consideration in Congress of FTAs, provided that the President observe certain statutory requirements. This expedient consideration is known as TPA or, formerly, "fast-track" consideration.

Free Trade Agreements: Bilateral, Regional, and Multilateral

The United States is currently party to 12 bilateral FTAs (with Australia, Bahrain, Chile, Colombia, Israel, Jordan, South Korea, Morocco, Oman, Panama, Peru, and Singapore) and to 2 regional free trade agreements (the North American Free Trade Agreement (NAFTA) and the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR)). The United States has also signed an agreement with Canada and Mexico to replace NAFTA. The United States-Mexico-Canada Agreement (USMCA) has been ratified by all three parties, and the agreement will enter into force, after the necessary legal and regulatory measures are in place for each party to meet its commitments. For a list and timeline of trade agreements where negotiations were concluded, see Table 1 . For a compilation of final congressional votes on FTAs considered in Congress, see Table 2 .

In addition to bilateral and regional FTAs, the United States is also party to multilateral agreements that outline membership in the WTO, a 164-member international organization. The WTO was created in 1995 to oversee and administer multilateral trade rules, serve as a forum for trade liberalization negotiations, and resolve trade disputes. When Congress approved the WTO Uruguay Round Agreement, it included a set of procedures to allow Congress to reconsider U.S. membership in the WTO by passing a joint resolution calling for withdrawal from the organization. Congress may vote every five years on withdrawal from the WTO. Resolutions were introduced in the 106 th and 109 th Congress; neither passed. See Table 3 for a compilation of major legislation and votes concerning U.S. membership to the WTO.

Trade Promotion Authority

All U.S. FTAs, except the agreement with Jordan, were considered in Congress under Trade Promotion Authority (TPA). TPA is the process by which Congress enables FTA legislation to be considered under expedited legislative procedures, provided the President observes certain statutory obligations. Because TPA is extended only for limited periods, Congress periodically reconsiders legislation to extend it and to outline future negotiation objectives. Since 1974, Congress has passed seven measures extending TPA. TPA, like many issues related to international trade, has been politically contentious in Congress over time, resulting in vigorous debate and two multi-year lapses in authority. For a list of major votes on TPA, see Table 4 .

Congressional Votes on Select Trade Legislation

Congressional consideration of bills can be a complex process, sometimes requiring multiple votes. For clarity's sake, this report only provides the final vote for each measure. More complete bill information can be found on Congress.govâincluding roll call votes for all legislation back to 1993. The bill numbers listed in the following tables link to Congress.gov, and the vote tallies link to the House and Senate roll call votes, for all votes back to 1993.

Table 1 provides a timeline of trade agreements including the date the agreement was signed, the date implementing legislation was enacted, and the date the agreement went into force. The table also notes the TPA legislation under which the trade agreement was considered in Congress. The table includes fully implemented trade agreements, as well as two recent agreements: the USMCA, which has not yet entered into force, and the Trans-Pacific Partnership, a trade agreement that the United States signed, but later announced that it would not ratify.

Table 2 provides major votes on FTAs, including the final House and Senate votes on FTA implementing legislation.

Table 3 provides major votes on U.S. membership to the WTO, including implementing legislation for multilateral agreements and resolutions calling for the United States to withdraw from the WTO.

Table 4 provides major votes on TPA legislation. It includes the final House and Senate votes on TPA-related provisions. Votes are grouped by the trade agreement authority granted to the President.

For a selected list of CRS products on FTAs and TPA, see the Appendix .

Appendix. Selected CRS Reports and Resources

On Trade Promotion Authority

CRS In Focus IF10297, TPP-Trade Promotion Authority (TPA) Timeline , by Ian F. Fergusson

CRS Report R43491, Trade Promotion Authority (TPA): Frequently Asked Questions , by Ian F. Fergusson and Christopher M. Davis

CRS Report RL33743, Trade Promotion Authority (TPA) and the Role of Congress in Trade Policy , by Ian F. Fergusson

CRS Infographic IG10001, Trade Promotion Authority (TPA) and U.S. Trade Agreements , by Brock R. Williams

On Select Free Trade Agreements

CRS Report R45198, U.S. and Global Trade Agreements: Issues for Congress , by Brock R. Williams

CRS Report R44981, NAFTA and the United States-Mexico-Canada Agreement (USMCA) , by M. Angeles Villarreal and Ian F. Fergusson.

CRS In Focus IF10997, U.S.-Mexico-Canada (USMCA) Trade Agreement , by M. Angeles Villarreal and Ian F. Fergusson

CRS Legal Sidebar LSB10399, USMCA: Implementation and Considerations for Congress , by Nina M. Hart

CRS In Focus IF10733, U.S.-South Korea (KORUS) FTA , coordinated by Brock R. Williams

CRS Report RL34470, The U.S.-Colombia Free Trade Agreement: Background and Issues , by M. Angeles Villarreal and Edward Y. Gracia

CRS Report RS22164, DR-CAFTA: Regional Issues , by Clare Ribando Seelke

CRS In Focus IF10394, Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) , by M. Angeles Villarreal

CRS Insight IN10903, CRS Products on the North American Free Trade Agreement (NAFTA) , by M. Angeles Villarreal

CRS In Focus IF10000, TPP: Overview and Current Status , by Brock R. Williams and Ian F. Fergusson

On Multilateral Trade Agreements

CRS Report R45417, World Trade Organization: Overview and Future Direction , coordinated by Cathleen D. Cimino-Isaacs