Fast Track (trade) - Scope

Scope

The United States Constitution enables only Congress to regulate commerce with foreign nations; international trade agreements can be negotiated by the executive branch only with Congressional oversight, and are generally considered "congressional-executive agreements" (CEAs), which must be approved by a simple majority in both chambers of Congress. Other international agreements, such as treaties not relating to tariffs and trade quotas, can be negotiated solely by the executive branch, but such treaties must be ratified by a two-thirds majority vote in the Senate in order to take effect. Once approved, policy changes required by either type of agreement can then be made immediately, but if any legislation is required to implement the agreement, then normal legislative procedures must be followed, including Congressional authorship, amendment, and debate, a process which can be lengthy and during which the legislation may "die".

For more details on how international trade agreements are normally handled, see Powers of the United States Congress, Congressional oversight, and Treaty Clause.

Although Congress can't explicitly transfer its powers to the executive branch, the 1974 trade promotion authority had the effect of delegating power to the executive, minimizing consideration of the public interest, and limiting the legislature's influence over the bill to an up or down vote:

• It allowed the executive branch to select countries for, set the substance of, negotiate and then sign trade agreements without prior Congressional approval.
• It allowed the executive branch to negotiate trade agreements covering more than just tariffs and quotas.
• It established a committee system, comprising 700 industry representatives appointed by the president, to serve as advisors to the negotiations. Throughout trade talks, these individuals had access to confidential negotiating documents. Most members of Congress and the public had no such access, and there were no committees for consumer, health, environmental or other public interests.
• It empowered the executive branch to author an agreement's implementing legislation without Congressional input.
• It required the executive branch to notify Congress 90 days before signing and entering into an agreement, but allowed unlimited time for the implementing legislation to be submitted.
• It forced a floor vote on the agreement and its implementing legislation in both chambers of Congress; the matters could not "die in committee."
• It eliminated several floor procedures, including Senate unanimous consent, normal debate and cloture rules, and the ability to amend the legislation.
• It prevented filibuster by limiting debate to 20 hours in each chamber.
• It elevated the Special Trade Representative (STR) to the cabinet level, and required the Executive Office to house the agency.

The 1979 version of the authority changed the name of the STR to the U.S. Trade Representative.

The 2002 version of the authority created an additional requirement for 90-day notice to Congress before negotiations could begin.