TPP-Trade Promotion Authority (TPA) Timeline

TPP-Trade Promotion Authority (TPA) Timeline

Updated August 24, 2016
TPP-Trade Promotion Authority (TPA) Timeline
The Trans-Pacific Partnership (TPP) free trade agreement
owned enterprises, and global value chains. In addition,
(FTA) may be considered during the 114th Congress. If so,
TPP partners envision a "living" agreement that could
it can be considered under rules and procedures set forth in
incorporate new members and address new trade issues in
the Bipartisan Comprehensive Trade Priorities Act (P.L.
the future.
114-26), commonly known as trade promotion authority
(TPA). The timeline for this consideration is the subject of
Trade Promotion Authority
this In Focus. Dates of specific action are in parentheses.
TPA, previously known as "fast track," is the time-limited
The Trans-Pacific Partnership
authority through which Congress has, for specific periods
of years, set trade negotiating objectives, established
The TPP is a potential "comprehensive and high-standard"
notification and consultation requirements, and enabled
free trade agreement (FTA) among 12 countries, including
implementing bills for reciprocal trade agreements to be
the United States, which aims to liberalize trade and
considered under expedited procedures if they meet certain
investment, and to establish rules and disciplines over many
statutory requirements. The current version of TPA was
aspects of international commerce among the TPP
enacted into law on June 29, 2015.
members. The TPP negotiations cover a range of trade
topics and include 30 separate sections or "chapters." The
Timeline
11 other countries participating in the TPP are Australia,
The notification, consultation, and consideration provisions
Brunei, Canada, Chile, Japan, Malaysia, Mexico, New
in TPA set out a timeframe for the congressional
Zealand, Peru, Singapore, and Vietnam. TPP trade
deliberation on the agreement. Some of these provisions are
ministers, meeting in Atlanta between September 30 and
new to this year’s TPA, while many have appeared in
October 5, reached agreement to conclude the six-year old
previous versions of TPA or have occurred in practice
negotiations. On November 5, President Obama gave
without legislative directive. Congressional interaction with
Congress the required 90-day notification that he intends to
the executive over a potential trade agreement is divided
sign the agreement and released the text. If implemented,
into three periods: negotiation; reporting; and congressional
the TPP would be the largest regional FTA ever negotiated
consideration. The negotiating and reporting periods before
by the United States in terms of member countries and
congressional consideration are counted in calendar days;
encompassed trade flows, comprising over 1/3 U.S. trade.
during the congressional consideration period, which begins
The TPP includes new or expanded commitments on issues
after the introduction of implementing legislation, deadlines
such as data flows, discriminatory regulatory barriers, state-
are in session days.
Figure 1. TPA Timeline

Note: Dates reflect the day action was taken.

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TPP-Trade Promotion Authority (TPA) Timeline
Negotiations
legislation after it is introduced, thus this mechanism is
The first period of the timeline incorporates the time from
designed to provide feedback to the administration on the
the beginning of negotiations to the signing of a trade
legislation in its draft form prior to introduction.
agreement. In the case of the TPP, the negotiations have
been ongoing for several years, and the Presidential 90-day
Implementing Legislation
notification to Congress that negotiations would start
Implementing legislation must be introduced “on a day on
occurred in stages as various countries joined the process.
which both Houses of Congress are in session” after the
above requirements have been met. (Implementing
Conclusion of Negotiations
legislation is often introduced months or even years after
From the point the negotiations conclude, the President
the agreements are entered into.) Once it is introduced, the
must:
procedures of Section 151 of the Trade Act of 1974 (19
U.S.C. 2191) apply. As much as 90 days is allowed for
 provide 90-day notice of intent to sign the agreement
congressional consideration, but in practice action may take
(November 5, 2015);
place much quicker. As a revenue bill, the implementing
bill must be enacted under the House bill number, although
 submit advisory committee reports 30 days after the
the Senate can proceed with its own (identical) legislation
above notification (December 4, 2015), and;
as long as final passage is of the House bill. The Act
provides these deadlines:
 release a draft agreement text 60 days prior to signing
the agreement (November 5, 2015).
 The committees of jurisdiction in each chamber must
report the legislation within 45 session days or be
The 90-day notification period provides a minimum amount
automatically discharged. A bill can be reported
of time between conclusion of negotiations and the act of
adversely or without recommendation. The Senate
signature; however, the agreement can be signed at any
Finance Committee, however, may report the House bill
time after that period. U.S. Trade Representative Michael
until 15 days after receiving it, if later.
Froman signed the agreement for the United States on
February 4, 2016 in New Zealand.
 If implementing legislation is received from the House,
the Senate Finance committee may have the longer of 15
Reporting Requirements
days if it considers the legislation from the House, or 45
TPA does not mandate a maximum time from signing the
days if the House acts expeditiously, to a maximum of
agreement to the introduction of implementing legislation.
75 days from introduction.
In practice, this period has varied from several months to
years. After the President signs, however, and at least 30
 Each chamber then has 15 days to consider the
days before he sends Congress an implementing bill, he
legislation after its committee has reported or been
must submit to Congress the final text of the agreement and
discharged.
a draft statement of administrative action needed for its
implementation (August 12, 2016). Two other
 Thus, the final vote in the House must occur within 60
reporting requirements were fulfilled in the spring of 2016.
days of introduction. If the House takes the full 60 days,
the final vote in the Senate may not be required until as
 A U.S. International Trade Commission (ITC) report
many as 90 days after introduction.
analyzing the economic effects of the agreement that
must be submitted within 105 days of signing the
For more information, please see, CRS Report R43491,
agreement. (May 18, 2016) The administration must
Trade Promotion Authority (TPA): Frequently Asked
have provided the ITC with details on the agreement “as
Questions, by Ian F. Fergusson and Richard S. Beth, and
it exists” 90 days prior to signing.
CRS In Focus IF10000, TPP: An Overview, by Brock R.
Williams and Ian F. Fergusson.
 A report identifying any required changes in U.S. law
must be submitted within 60 days following signing of

the agreement. (April 3, 2016)
Ian F. Fergusson, Specialist in International Trade and
In practice, the committees of jurisdiction (House Ways and
Finance
Means, Senate Finance) each hold what is known as a
“mock mark-up” during this period. Under TPA, the
IF10297
committees formally cannot markup implementing

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TPP-Trade Promotion Authority (TPA) Timeline

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