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House Ways & Means to Hold "Mock" Mark-up of Draft FTA, GSP, ATPDEA Bills

The House Ways and Means Committee has announced that on July 7, 2011 it will be holding a “mock” mark-up of the draft implementing bills for the South Korea, Colombia, and Panama Free Trade Agreements, that include retroactive renewal of the Generalized System of Preferences (GSP), Andean Trade Preference Act (ATPA)/Andean Trade Promotion and Drug Eradication Act (ATPDEA) through July 31, 2013, but not renewal of Trade Adjustment Assistance.

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(On June 30, 2011, the Senate Finance Committee scheduled a "mock" mark-up of draft implementing bills for the pending FTAs which included retroactive renewal of GSP and ATPDEA, as well as renewal of TAA. The mark-up was cancelled when the Committee's Republican members boycotted.)

USTR Warns Ways and Means Draft Bills Are at Odds with Administration

In response to the Committee’s “mock” mark-up announcement, the U.S. Trade Representative stated that he welcomes the effort to move the pending FTAs forward in the House. However, the USTR notes that the Committee’s draft FTA implementing bills do not provide a “path forward” for the bipartisan agreement to renew TAA, and are therefore at odds with the Administration’s stated intentions for advancing a package that includes both the FTAs and TAA.

Retroactive GSP, ATPA Renewals Are Included in House Draft Colombia Bill

The House Ways and Means Committee’s draft implementing bill for the Colombia FTA contains renewal for both GSP and ATPA/ATPDEA through July 31, 2013, retroactive to December 31, 2010 and February 12, 2011, respectively1.

Democrats to Offer Labor Plan Amendment to Draft Colombia Bill

House Ways and Means Committee Democrats issues a press release announcing that during the "mock" mark-up, Ranking Member Levin (D) intends to offer an amendment to include the Action Plan Related to Labor Rights to the draft Colombia FTA implementing bill. According to a statement by Levin and Trade Subcommittee Ranking Member McDermott (D), the Republican approach to the mark-up has two problems -- none of the bills include TAA and the draft Colombia bill fails to incorporate the Labor Action Plan. (See ITT’s Online Archives or 06/29/11 news, 11062807, for Levin’s vow to oppose the Colombia FTA implementing bill over the Labor Plan issue.)

House Version of KORUS Draft Bill Does Not Contain TAA

Unlike the Senate Finance Committee version of the draft KORUS implementing bill, which contained a renewal of TAA, the House Ways and Means Committee version does not. (The Senate Finance Committee June 30 version of the KORUS draft implementing bill would modify and renew TAA, and retroactively extend coverage to TAA petitions filed after February 12, 2011.)

“Mock” Mark-ups Are Chance to Offer Amendments Before Bills Introduced

Committee “mock” mark-ups 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).

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.

(See ITT’s Online Archives or 07/01/11 news, 11070103, for BP summary of the cancellation of the Senate Finance Committee's June 30 "Mock" mark-up of the FTA draft implementing bills, due to a GOP boycott.)

House Ways and Means Committee announcement, with links to draft FTA implementing bills and Statements of Administrative Action available by emailing documents@brokerpower.com.

Levin/McDermott statement available here

USTR statement available here