Senate Likely to Roll Trade Bills Into One Package, Says GOP Finance Member
The Senate will likely roll all four trade bills into one package in the coming days, said Finance Committee member Mike Enzi, R-Wyo., on May 7. The Senate and House would then likely have to “conference” on the two packages, said Enzi, referring to a legislative procedure to reconcile differences between the two chambers.
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Lawmakers have so far generally predicted the bills will move independently. Finance ranking member Ron Wyden, D-Ore., said both sides of Capitol Hill will vote on Trade Promotion Authority and Trade Adjustment Assistance separately but on the same day, following Finance’s mid-April trade hearing (see 1504200056). The other two trade bills on the docket are Customs Reauthorization and a preference package that includes renewals for the African Growth and Opportunity Act, the Generalized System of Preferences and two Haiti tariff elimination programs.
With only 11 legislative days left before breaking for Congress’ Memorial Day recess, Enzi said the lawmakers spearheading movement on the trade bills will have to “go through some gymnastics” to pave the way for passage in both chambers. “There will probably be a conference,” said Enzi in an interview. “When you’re combining a bunch of things, there’s bound to be some things that there are differences on that the House won’t automatically take. If they don’t automatically take them, then there’s going to be a conference.” House Republicans may still try to strip out TAA, said Enzi. President Barack Obama has vowed to veto TPA if TAA, a Democrat-backed bill, is not sent to his desk at the same time.
Senate Minority Leader Harry Reid, D-Nev., who has vowed to obstruct trade legislation in favor of other legislative priorities, floated the idea of merging the trade legislation in recent days (here). McConnell has not explicitly commented on that prospect, but has repeatedly said he planned to take up trade next on the Senate agenda after polishing off legislation relating to congressional oversight on the Iran nuclear enrichment deal. “There’s no reason we shouldn’t turn to this bill and then pass it,” said McConnell on May 7 on the Senate floor, referring to TPA. The legislation is critical to locking down the Trans-Pacific Partnership, he added.
Enzi said McConnell is committed to moving trade before this legislative work period runs its course with the looming recess. “The majority leader is really in charge of floor time,” said Enzi in the interview. “So if the majority leader says ‘the next thing is going to be trade bills, not the highway bill,’ that’s what’ll happen. The other side can delay significantly to keep anything from happening … that’s the wrong thing to do. That’s what they essentially did for the last several years and it didn’t work so good for them.” Reid has said he wants the chamber to first move on infrastructure and surveillance bills.
The amendment process is the biggest threat to quick passage of the bills in both chambers, said Enzi. A Wyden spokesman said he “would support” merging the bills. Wyden has been a key architect of the trade legislation, and many trade experts say his support for the bills may help to encourage other Democrats to jump on board. All four bills moved decisively through the Finance Committee in late April, followed by House Ways and Means Committee approval the next day. Staffers for the Finance Chairman Orrin Hatch, R-Utah, and Ways and Means Chairman, R-Wis., didn't respond for comment. Those lawmakers joined Wyden in negotiating the terms of the trade bills.
The Democratic caucus in the Senate generally supports the merge, said one lobbyist close to the process. “The issue of combining them is bigger than Reid. He is reflecting the party feeling,” said the lobbyist. But “by combining them, it may hurt votes in the House. That’s the concern in the Senate.” The merge may also help to move the bills with the current legislative work period time constraints, said the lobbyist.
Trade experts have long predicted conference on Customs Reauthorization, after House and Senate lawmakers failed to strike an agreement on that legislation before introduction. The two chambers now have widely differing customs legislation, and the Finance Committee also approved a slew of modifications to its preference package (see 1504230001). Those changes include the GSP Update Act, the Outdoor Act and a footwear bill. Enzi said the House may also ultimately just choose to pass legislation approved by the Senate.