Senate Finance to Hold "Mock" Mark-up for Draft GSP, ATPA, FTA Bills
Senator Baucus (D), Chairman of the Senate Finance Committee, has announced that on June 30, 2011, the Committee will hold a “mock” mark-up of the draft implementing bills for the South Korea, Colombia, and Panama Free Trade Agreements, that include renewal of the Generalized System of Preferences (GSP), Andean Trade Preferences Act (ATPA)/Andean Trade Promotion and Drug Eradication Act (ATPDEA), and Trade Adjustment Assistance (TAA).
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Retroactive GSP, ATPA Renewals Are Included in Draft Colombia FTA Bill
The draft implementing bill for the Colombia FTA contains renewals through July 31, 2013 for both GSP and ATPDEA, retroactive to December 31, 2010 and February 12, 2011, respectively1.
(The Ranking Members (D) of the House Ways and Means Committee and Trade Subcommittee have expressed concern that the draft Colombia FTA implementing bill does not contain linkage to the Action Plan Related to Labor Rights. See ITT’s Online Archives or 06/28/11 news, 11062807, for BP summary of Ranking Member Levin’s vow to oppose the Colombia FTA implementing bill over this issue.)
Retroactive TAA Renewal Is Included in Draft KORUS Bill
The proposal to renew TAA through December 31, 2013 is part of the draft implementing bill for the U.S.-Korea Free Trade Agreement (KORUS). It would restore the key eligibility requirements and fundamental reforms of TAA’s 2009 expansion, which expired February 12, 2011, and retroactively extend coverage to TAA petitions filed after February 12, 2011.
“Mock” Mark-ups Offer Chance to Offer Amendments Before Bills Introduced
The Finance Committee will consider the FTA draft implementing bills (including their GSP, ATPDEA, and TAA renewals) during a "mock" markup because Congress cannot offer amendments to the final implementing bills submitted by the Administration under the Trade Promotion Authority Act2 procedures.
Committee mock markups are the only opportunities for Congress to offer amendments to the Administration’s proposals. Following Administration review of any amendments that the Senate Finance and House Ways and Means Committees approve on the draft implementing bills, final versions of the implementing bills will be submitted to Congress for an up-or-down vote (i.e., no amendments).
Key Senate Republican Leaders Oppose TAA and KORUS Link
Key Senate Republican leaders have expressed opposition to the linkage of KORUS and TAA. Senator Hatch (R), Senate Finance Committee Ranking Member, issued a statement criticizing the linkage of TAA to KORUS and reiterating his support for a clean vote on the pending FTAs. In addition, Senate Minority Leader McConnell (R) has previously insisted that the Administration deal with the FTAs and TAA separately.
House Ways and Means Chair Says GOP Leaders Will Determine How House Moves Bills
House Ways and Means Committee Chairman Camp (R) issued a statement in response to the Senate Finance Committee announcement of its “mock” mark-ups. Camp notes that due to last-minute changes in agreed-upon drafts of the bills, he will have to review them more carefully. Camp further stated that although Senator Baucus (D) will move forward on the FTAs with TAA included in the KORUS bill, the decision on how to move these items through the House is a matter for Republican leadership to determine.
1GSP for most beneficiary countries (A, A+, and A*), i.e., other than those listed as African Growth and Opportunity Act (AGOA) beneficiary countries, expired on December 31, 2010. ATPA/ATPDEA for Colombia and Ecuador expired on February 12, 2011.
2Also known as fast track, which expired on July 1, 2007.
(See ITT’s Online Archives or 06/23/11 news, 11062313, for BP summary on the House Ways and Means Committee’s delay of mock mark-ups of the FTA implementing bills until at least July 5, 2011.
See ITT’s Online Archives or 06/08/11 news, 11060827, for BP summary of McConnell’s June 7, 2011 statement on FTA and TAA linkage.)
Senate Finance Committee press release, including link to draft bills, available here
White House statement on FTAs and TAA available here
USTR statement on FTAs and TAA available here
Camp statement available here
Hatch statement available here