Congressional Votes on Free Trade Agreements and Trade Promotion Authority

Contents

• Congress and Free Trade Agreements

Summary

Congress has sole constitutional authority to regulate international trade. Since 1934, Congress has periodically authorized the President to negotiate trade agreements. In some circumstances, congressional approval, via implementing legislation, may be required to give effect to those agreements. Since 1979, Congress has passed 17 implementing measures for comprehensive free trade agreements (FTAs) and multilateral trade agreements. Most recently, Congress considered and approved the United States-Mexico-Canada Agreement (USMCA) (P.L. 116-113).

Congress also periodically considers legislation to grant Trade Promotion Authority (TPA) to the President for limited time periods. Through TPA legislation, Congress delegates certain trade agreement negotiating authorities to the President; defines specific trade negotiation objectives; and sets consultation requirements. TPA legislation also outlines the terms, requirements, and procedures for FTA implementing legislation to receive expedited consideration in Congress. All but one of the 17 trade agreements approved by Congress since 1979 were considered in Congress under TPA.

Since 1979, Congress has passed six measures extending TPA for limited time periods. The most recent TPA was passed in 2015; this authority expired on July 1, 2021, potentially complicating the Administration's future trade negotiations. As with many international trade issues, TPA has been politically contentious over time, resulting in vigorous debate and three notable lapses in authority, including the current lapse.

Congress also has a specific role in determining U.S. membership to the World Trade Organization (WTO). Congress first approved U.S. membership in the international organization in 1994, by passing the implementing legislation for the WTO Uruguay Round Agreements. The implementing legislation also established a procedure whereby, every five years, Congress can withdraw the United States from the WTO through a joint resolution. In the 119^th Congress, Representative Tom Tiffany introduced H.J.Res. 93, on April 10, 2025, to withdraw congressional approval of the WTO agreements.

The following report and tables compile the final congressional votes on FTAs, TPA, and U.S. membership to the WTO.

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).

For over 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. Congress—through debate and legislation—defines trade negotiation priorities and approves FTAs. Congress also helps oversee agreements' implementation and enforcement.

The Constitution grants Congress sole authority to regulate international trade, and grants the President authority to enter into treaties with foreign powers.¹ Since 1934, Congress has periodically delegated some authority to negotiate trade agreements to the President. In the Trade Act of 1974, Congress outlined roles regarding the negotiation of trade agreements; Congress delegated negotiation authority to the President, but required congressional approval (through implementation legislation) of FTAs that addressed non-tariff barriers. Congress also created a process to allow for expedited consideration of trade agreements that address non-tariff barriers and require changes to U.S. law, provided that the President observe certain statutory requirements.² This expedient consideration is known as TPA or, formerly, "fast-track" consideration.³

Free Trade Agreements: Bilateral and Regional

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 two regional FTAs (United States-Mexico-Canada Agreement (USMCA) and the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR)). (For a list and timeline of FTAs, see Table 1. For a compilation of final congressional votes on FTAs considered by Congress, see Table 2.) These FTAs are considered comprehensive trade agreements, covering "substantially all trade" between partners.

The United States has also negotiated more limited agreements that have focused on select bilateral trade and tariff issues. Recent examples of limited-scope agreements include the agreements with Taiwan (2023); with Japan on critical minerals (2023), digital trade (2020), and limited tariff reductions (2020); and with China on the "phase one" agreement (2020). These limited-scope agreements have generally not required congressional approval or changes to U.S. law.⁴ This report does not cover these limited-scope agreements.

Multilateral Trade Agreements and the World Trade Organization

In addition to bilateral and regional FTAs, the United States is also party to multilateral trade 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.⁵ When Congress approved the WTO Uruguay Round Agreements, 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.⁶ Congress may vote every five years on withdrawal from the WTO. Resolutions were introduced and voted on in the House during the 106^th and 109^th Congress; neither passed. In the 116^th Congress, two resolutions to withdraw from the WTO were introduced (H.J.Res. 89 and S.J.Res. 71); neither were brought up for a vote. Most recently, in the 119^th Congress, Representative Tiffany has introduced H.J.Res. 93 to withdraw congressional approval of the WTO agreements. The resolution was referred to the House Ways and Means Committee on April 10, 2025. See Table 3 for a compilation of legislation and votes concerning U.S. membership to the WTO.

Trade Promotion Authority

Implementing legislation for all U.S. FTAs, except the agreement with Jordan, was considered in Congress under Trade Promotion Authority (TPA). TPA is the process by which Congress enables FTA implementing 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 considers legislation to extend it and to outline future trade negotiation objectives and consultation requirements. Since 1974, Congress has passed seven measures extending TPA. Most recently, Congress passed TPA legislation in 2015 (via the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, P.L. 114-26); this authority lapsed on July 1, 2021. TPA, like many issues related to international trade, has been politically contentious in Congress over time, resulting in vigorous debate and two previous eight-year lapses in authority.⁷ For a list of final 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.gov—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 FTAs 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 comprehensive FTAs that have entered into force and have required congressional approval. This table does not include limited-scope agreements that have not explicitly required congressional approval, or trade agreements that were signed, but not voted on by Congress, such as the Trans-Pacific Partnership.⁸

Table 2 provides final House and Senate votes on FTA implementing legislation.

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

Table 4 provides 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

Trade Promotion Authority

CRS In Focus IF10038, Trade Promotion Authority (TPA), by Christopher A. Casey and Cathleen D. Cimino-Isaacs

CRS Infographic IG10001, Trade Promotion Authority (TPA) and U.S. Trade Agreements Timeline, by Christopher A. Casey and Cathleen D. Cimino-Isaacs

CRS Report R43491, Trade Promotion Authority (TPA): Frequently Asked Questions, by Cathleen D. Cimino-Isaacs, Christopher A. Casey, and Christopher M. Davis

CRS Report RL33743, Trade Promotion Authority (TPA) and the Role of Congress in Trade Policy, by Cathleen D. Cimino-Isaacs and Christopher A. Casey

CRS In Focus IF11400, Presidential Authority to Address Tariff Barriers in Trade Agreements, by Christopher A. Casey

CRS Report R47679, Congressional and Executive Authority Over Foreign Trade Agreements, by Christopher T. Zirpoli

CRS Report R44707, Presidential Authority over Trade: Imposing Tariffs and Duties, by Brandon J. Murrill

Free Trade Agreements: Selected Issues

CRS Report R45148, U.S. Trade Policy Primer: Frequently Asked Questions, coordinated by Cathleen D. Cimino-Isaacs (see section "Trade Agreements and Negotiations")

CRS In Focus IF10046, Worker Rights Provisions in Free Trade Agreements (FTAs), by Cathleen D. Cimino-Isaacs and M. Angeles Villarreal

CRS In Focus IF10972, Labor Enforcement Issues in U.S. FTAs, by Cathleen D. Cimino-Isaacs

CRS In Focus IF10166, Environmental Provisions in Free Trade Agreements (FTAs), by Richard K. Lattanzio and Christopher A. Casey

CRS In Focus IF10033, Intellectual Property Rights (IPR) and U.S. Trade Policy, by Shayerah I. Akhtar and Liana Wong

CRS In Focus IF10645, Dispute Settlement in the WTO and U.S. Trade Agreements, by Christopher A. Casey and Cathleen D. Cimino-Isaacs

Free Trade Agreements

CRS Report R44981, The United States-Mexico-Canada Agreement (USMCA), by M. Angeles Villarreal

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

CRS In Focus IF10047, North American Free Trade Agreement (NAFTA), by M. Angeles Villarreal

CRS In Focus IF10733, U.S.-South Korea (KORUS) FTA and Bilateral Trade Relations, by Liana Wong and Mark E. Manyin

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

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

Multilateral Trade Agreements

CRS In Focus IF10002, World Trade Organization, by Cathleen D. Cimino-Isaacs

Select Limited Scope Agreements

CRS In Focus IF12517, U.S.-Japan Critical Minerals Agreement, by Kyla H. Kitamura

CRS In Focus IF11120, U.S.-Japan Trade Agreements and Negotiations, by Cathleen D. Cimino-Isaacs and Kyla H. Kitamura

CRS In Focus IF12125, Section 301 and China: The U.S.-China Phase One Trade Deal, by Karen M. Sutter

CRS In Focus IF10256, U.S.-Taiwan Trade and Economic Relations, by Karen M. Sutter

Footnotes