Order Code RS21004
Updated October 18, 2006
CRS Report for Congress
Received through the CRS Web
Trade Promotion Authority and Fast-Track
Negotiating Authority for Trade Agreements:
Major Votes
Carolyn C. Smith
Information Research Specialist
Knowledge Services Group
Summary
This report profiles significant legislation from 1974 to the present that authorizes
the use of presidential Trade Promotion Authority (TPA), previously known as fast-track
trade negotiating authority. It identifies significant bills and resolutions that had floor
votes. It also includes a list of floor votes on implementing legislation for trade
agreements from 1979 to the present; these bills were passed under TPA expedited
procedures by Congress and signed by the President. For further discussions of TPA,
P.L. 107-210, or fast-track legislative activity, the report lists CRS Reports and Internet
resources. This report will be updated as events warrant.
Legislative Background Information
Fast-track is an expedited procedure for congressional consideration of certain trade
agreements. This process is tied to the President’s authority provided by Congress to
enter into trade agreements to reduce U.S. tariff and non-tariff barriers with other
countries. The fast-track authority provides that Congress will consider trade agreement
implementing bills within mandatory deadlines, with a limitation on debate, and without
amendment, as long as the President meets prescribed requirements set out by law.
The Reciprocal Trade Agreements Act of 1934 (P.L. 73-316) established a policy
under which Congress delegated renewable authority to the President to negotiate
reciprocal reductions of tariff barriers. The Trade Act of 1974 (P.L. 93-618) expanded
this authority to include negotiations of nontariff trade barriers, but required more
extensive reporting and consultations between Congress and the President during trade
negotiations. This act also had a provision requiring approval by Congress under a new
mechanism for expediting the consideration of trade agreements, which came to be known
as fast-track. Table 1 shows how Congress authorized and extended fast-track authority
several times in different sessions. Fast-track negotiating authority expired in 1994. In
subsequent sessions of Congress, there were several legislative proposals to reauthorize
Congressional Research Service ˜ The Library of Congress

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fast-track authority, but these bills did not pass. In the 105th Congress, H.R. 2621 was
defeated in a House vote on September 25, 1998.
In the 107th Congress, several legislative proposals on trade promotion authority
(TPA) were considered. On December 6, 2001, the Bipartisan Trade Promotion Authority
Act of 2001 (H.R. 3005) passed the House, with a vote of 215 to 214. Another bill, H.R.
3009, was introduced as the Andean Trade Preference Act; this bill passed the House by
voice vote on November 16, 2001. H.R. 3009 was amended several times in the Senate
in 2002, to include additional trade issues. The Senate approved H.R. 3009, with the
added TPA provisions, on May 23, 2002. On June 26, 2002, the House agreed to the
Senate-passed bill with its own changes pursuant to H.Res. 450. Following negotiations
of House and Senate conferees regarding provisions in H.R. 3009, the House agreed to
the conference report for H.R. 3009 on July 27, 2002, and the Senate agreed to the
conference report on August 1, 2002. The President signed H.R. 3009, as P.L. 107-210,
the Trade Act of 2002, on August 6, 2002.
This major piece of trade legislation includes provisions for the Andean Trade
Preferences Act, the Trade Adjustment Assistance program, and the Generalized System
of Preferences program. The TPA provisions are found in Title XXI as the Bipartisan
Trade Promotion Authority Act of 2002. Expedited approval procedures currently apply
to implementing bills for trade agreements entered into before July 1, 2007. More
detailed information on congressional and executive procedures can be found in the
“Resources for Additional Information,” at the end of this report.
In Table 1, some of the listed bills focus solely on fast-track trade negotiating
authority or TPA. Other bills are major landmarks of trade legislation, of which fast-
track is only one of many trade provisions. These major trade acts, listed in boldface,
include the Trade Act of 1974, the Trade Agreements Act of 1979, the Trade and Tariff
Act of 1984, the Omnibus Trade and Competitiveness Act of 1988, and the Trade Act of
2002.
Table 1. Votes in Legislation Authorizing or Extending Fast-Track
Negotiating Authority for Trade Agreements
Congress
Bill and Title
Description and Comments
Votes
93rd H.R.
10710
Trade reform, including provisions
Passed House Dec. 11, 1973
Trade Act of 1974
in Title I for “negotiating and other
(272-140). Passed Senate Dec.
(P.L. 93-618, enacted
authority” for trade agreements.
13, 1974 (77-4). Conference
Jan. 3, 1975)
Report passed Senate Dec. 20,
1974 (72-4).
96th H.R.
4537
Implemented trade agreements
Passed House July 11, 1979
Trade Agreements Act
negotiated by the United States in
(395-7). Passed Senate
of 1979
the Tokyo Round of the General
July 23, 1979 (90-4).
(P.L. 96-39, enacted
Agreement on Tariffs and Trade
July 26, 1979)
(GATT). Extended for an additional
8 years (until Jan. 3, 1988), the
President’s authority to negotiate
trade agreements, under expedited
procedures.

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Congress
Bill and Title
Description and Comments
Votes
98th H.R.
3398
Included Section 401 (for the
Passed House June 28, 1983
Trade and Tariff Act
negotiation of a free trade agreement
(368-43). Passed Senate
of 1984 (P.L. 98-573,
with Israel) and Section 404 (a
Sept. 20, 1984 (96-0).
enacted Oct. 30, 1984)
provision on fast-track procedures
Conference Report passed
for perishable articles).
House Oct. 9, 1984 (386-1).
Related bill: H.R. 5377
U.S. Israel Free Trade Area
Passed House Oct. 3, 1984
(416-6). Text of bill was
inserted into H.R. 3398.
100th H.R.
4848
Comprehensive trade legislation
Passed House July 13, 1988
Omnibus Trade and
including section 1102, providing
(376-45). Passed Senate
Competitiveness Act
authority for the President to enter
Aug. 3, 1988 (85-11).
of 1988 (P.L. 100-418,
into reciprocal bilateral and
enacted Aug. 23, 1988)
multilateral trade agreements.
See H.R. 3 below.
Related bill: H.R. 3
Omnibus Trade and
Passed House Apr. 30, 1987
Competitiveness Act of 1987.
(290-137). Passed Senate July
Provisions concerning trade
21, 1987 (71-27). Conference
agreement authority were
Report passed House Apr. 21,
reintroduced into H.R. 4848, which
1988 (312-107). Conference
was enacted as P.L. 100-418.
Report passed Senate Apr. 27,
1988 (63-36). Vetoed by
President, May 24, 1988.
Motion to override veto passed
House, May 24, 1988 (308-
113). Motion to override veto
failed to pass in Senate, June 8,
1988 (61-37).
S. 1420
Omnibus Trade and
Several cloture motions on
Competitiveness Act of 1987
amendments in 1987.
102nd
H.Res. 101
Resolution disapproving the
Failed House May 23, 1991
extension of fast-track procedures to
(192-231).
implement trade agreements entered
into after May 31, 1991, and by
May 31, 1993.
H.Res. 146
Resolution concerning U.S.
Passed House
objectives of future trade
May 23, 1991 (329-85).
agreements.

102nd
S.Res. 78
Resolution disapproving a two-year
Failed Senate May 24, 1991
extension of fast-track procedures
(36-59).
under the Omnibus Trade and
Competitiveness Act of 1988.
103rd H.R.
1876
Amended the Omnibus Trade and
Passed House June 22, 1993
Uruguay Round of
Competitiveness Act of 1988 to
(295-126). Passed Senate
Multilateral Trade
extend fast-track procedures for
June 30,1993 (76-16).
Negotiations
Uruguay Round trade agreements
(P.L. 103-49, enacted
entered into before April 16, 1994.
July 2, 1993)

105th
H.R. 2621
Reciprocal Trade Agreement
Failed House Sept. 25, 1998
Authorities Act of 1997.
(180-243). Failed to extend the
trade authority procedures with
respect to reciprocal trade
agreements.

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Congress
Bill and Title
Description and Comments
Votes
107th
H.R. 3005
Bipartisan Trade Promotion
Passed House Dec. 6, 2001
Authority Act of 2001.
(215-214).
H.R. 3009
Title XXI is the Bipartisan Trade
Passed House Nov. 16, 2001
Trade Act of 2002
Promotion Authority Act of 2002.
(voice vote). Passed Senate
(P.L. 107-210, enacted
Other provisions in this major trade
with an amendment May 23,
Aug. 6, 2002)
bill include the Andean Trade
2002 (66-30). Adoption of the
Preference Act, the Trade
rule (H.Res. 450) to expand the
Adjustment Assistance program, and
scope of the conference
the Generalized System of
committee. Adopted in the
Preferences program.
House June 26, 2002 (216-215).
House adopted conference
report July 27, 2002 (215-212).
Senate adopted conference
report Aug. 1, 2002 (64-34).
Congress has applied fast-track legislative procedures to approve several reciprocal
bilateral and multilateral trade agreements. Table 2 lists the uses of fast-track procedures
in the implementation of trade agreements from 1979 to the present. The table does not
include the implementing legislation for the U.S.-Jordan Free Trade Agreement (H.R.
2603 enacted as P.L. 107-43 on September 28, 2001); Congress did not consider this bill
under fast-track procedures.
In the 108th Congress, implementing legislation for free trade agreements was passed
under fast-track procedures on four separate bills:
! H.R. 2738, the United States-Chile Free Trade Agreement
Implementation Act, was signed on September 3, 2003 (P.L. 108-77).
! On the same day, H.R. 2739, the United States-Singapore Free Trade
Agreement Implementation Act, was signed into law (P.L. 108-78).
! H.R. 4759, the United States-Australia Free Trade Agreement Act, was
signed by the President on August 3, 2004 (P.L. 108-296).
! On August 17, 2004, H.R. 4842, the United States-Morocco Free Trade
Agreement Implementation Act, was signed into law (P.L. 108-286).
In the 109th Congress, implementing legislation for three free trade agreements was
passed under fast-track procedures on three separate bills:
! H.R. 3045, the Dominican Republic-Central America-United States Free
Trade Agreement Implementation Act (also referred to as CAFTA,
CAFTA-DR, or DR-CAFTA), was signed by the President on August 2,
2005 (P.L. 109-53).
! H.R. 4340, the United States-Bahrain Free Trade Agreement
Implementation Act, was signed into law on January 11, 2006.
! H.R. 5684, the United States-Oman Free Trade Agreement
Implementation Act, was signed into law on September 26, 2006.
Trade agreements are pending that might be considered by Congress in the second session
of the 109th Congress.

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Table 2. Votes for Bills Using Fast-Track Procedures in the
Implementation of Trade Agreements

Congress
Bill and Title
Description and Comments
Votes
96th
Trade Agreements Act
Approved and implemented the trade
Passed House
of 1979
agreements negotiated by the United
July 11, 1979 (395-7).
(P.L. 96-39, H.R.
States, in the Tokyo Round of
Passed Senate
4537, enacted
multilateral trade negotiation, within
July 23, 1979 (90-4).
July 26, 1979)
the framework of the GATT. Fast-track
trade authority stemmed from the Trade
Act of 1974.
99th United
States-Israel
Approved and implemented the free
Passed House
Free Trade Area
trade area between the United States
May 7, 1985 (422-0).
Implementation Act of
and Israel, under the Trade and Tariff
Passed Senate
1985 (P.L. 99-47, H.R.
Act of 1984.
May 23, 1985 (voice vote).
2268, enacted June 11,
1985)
100th United
States-Canada
Approved and implemented the free
Passed House
Free Trade Agreement
trade agreement between the United
Aug. 9, 1988 (366-40).
Implementation Act of
States and Canada, under the Trade and
Passed Senate
1988 (P.L. 100-449,
Tariff Act of 1984.
Sept. 19, 1988 (83-9).
H.R. 5090, enacted
Sept. 28, 1988)
103rd
North American Free
Approved and implemented the North
Passed House
Trade Agreement
American Free Trade Agreement
Nov. 17, 1993 (288-146).
Implementation Act
(NAFTA) between the United States,
Passed Senate Nov. 20,
(P.L. 103-182, H.R.
Canada, and Mexico, under the
1993 (61-38).
3450, enacted
Omnibus Trade and Competitiveness
Dec. 8, 1993)
Act of 1988.
Uruguay Round
Approved and implemented the trade
Passed House
Agreements Act (P.L.
agreements concluded in the Uruguay
Nov. 29, 1994 (288-146).
103-465, H.R. 5110,
Round of multilateral trade
Passed Senate Dec. 1, 1994
enacted Dec. 8, 1994)
negotiations, under the Omnibus Trade
(76-24).
and Competitiveness Act of 1988.
108th United
States-Chile
Approved and implemented the free
Passed House
Free Trade Agreement
trade agreement between the United
July 24, 2003 (270-156).
Implementation Act
States and Chile.
Passed Senate
(P.L. 108-77, H.R.
July 31, 2003 (65-32).
2738, enacted Sept. 3,
2003)
108th United
States-
Approved and implemented the free
Passed House
Singapore Free Trade
trade agreement between the United
July 24, 2003 (272-155).
Agreement
States and Singapore.
Passed Senate
Implementation Act
July 31, 2003 (66-32).
(P.L. 108-78, H.R.
2739, enacted Sept. 3,
2003)
United States-Australia
Approved and implemented the free
Passed House
Free Trade Agreement
trade agreement between the United
July 14, 2004 (314-109).
Implementation Act
States and Australia.
Passed Senate
(P.L. 108-286, H.R.
July 15, 2004 (80-16).
4759, enacted Aug. 3,
2004)

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Congress
Bill and Title
Description and Comments
Votes
United States-Morocco
Approved and implemented the free
Passed House
Free Trade Agreement
trade agreement between the United
July 22, 2004 (323-99).
Implementation Act
States and Morocco.
Passed Senate
(P.L. 108-302, H.R.
July 22, 2004 (unanimous
4842, enacted Aug.
consent, no recorded vote).
17, 2004)
109th
Dominican Republic-
Approved and implemented the free
Passed House July 28, 2005
Central America-
trade agreement between the United
(217-215).
United States Free
States and the Dominican Republic,
Passed Senate July 28,
Trade Agreement
Costa Rica, El Salvador, Honduras,
2005 (55-45).
Implementation Act
Guatemala, and Nicaragua.
(P.L. 109-53, H.R.
Related bill: S. 1307,
3045, enacted Aug. 2,
The Constitution requires trade
passed Senate June 30,
2005)
agreements as revenue measures to
2005 (54-45), with no
originate in the House.
further congressional
action.
United States-Bahrain
Approved and implemented the free
Passed House December 7,
Free Trade Agreement
trade agreement between the United
2005 (327-95).
Implementation Act
States and Bahrain.
Passed Senate December
(P.L. 109-169 , H.R.
13, 2005 (unanimous
4340, enacted Jan. 11,
consent,
2006)
no recorded vote).
United States-Oman
Approved and implemented the free
Passed House July 20, 2006
Free Trade Agreement
trade agreement between the United
(221-205).
Implementation Act
States and Oman.
Passed Senate September
(P.L. 109-283, H.R.
19, 2006 (62-32).
5684, enacted
September 26, 2006)
Related bill: S. 3569,
passed Senate June 29,
2006 (60-34), with no
further congressional
action.
Resources for Additional Information
CRS Report RL31356. Free Trade Agreements: Impact on U.S. Trade and Implications
for U.S. Trade Policy, by William H. Cooper.
CRS Report RL33463. Trade Negotiations During the 109th Congress, by Ian Fergusson.
CRS Report 97-896. Why Certain Trade Agreements Are Approved as Congressional-
Executive Agreements Rather Than as Treaties, by Jeanne Grimmett.
Office of the United States Trade Representative
[http://www.ustr.gov]
This website has a section on “Trade Agreements,” with information on
multilateral and bilateral trade agreements and negotiations. Keyword searches
for information on Trade Promotion Authority (TPA) and other trade issues are
possible on this site.

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