{ "id": "R41544", "type": "CRS Report", "typeId": "REPORTS", "number": "R41544", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 380531, "date": "2011-03-02", "retrieved": "2016-04-07T01:03:27.698341", "title": "Trade Promotion Authority and the U.S.-South Korea Free Trade Agreement", "summary": "On June 30, 2007, U.S. and South Korean officials signed the Korea Free Trade Agreement (KORUS FTA) for their respective countries. It is one of three free trade agreements currently awaiting submission to Congress for approval and implementing legislation. In June 2010, the Obama Administration announced plans to seek Congress\u2019s approval for the KORUS FTA after first engaging in talks with South Korea over U.S. concerns with the agreement as signed, particularly over its provisions involving market access for U.S. autos. The results of these talks are memorialized in three February 10, 2011, documents, which have been collectively referred to as the \u201csupplemental agreement\u201d or \u201csupplementary deal\u201d to the 2007 KORUS FTA.\nThe Executive, in consultation with Congress, is expected to draft legislation approving and implementing the KORUS FTA and submit the resulting \u201cimplementing bill\u201d to Congress during the first session of the 112th Congress. This legislation will be entitled to consideration in Congress under expedited (\u201cfast track\u201d) legislative procedures if it satisfies the requirements of the Bipartisan Trade Promotion Authority Act of 2002 (Trade Act of 2002). In particular, the implementing bill must: (1) approve the agreement \u201centered into\u201d in 2007; and (2) include provisions enacting, amending, or repealing existing U.S. laws only to the extent that the provisions are \u201cnecessary or appropriate\u201d for the implementation of the agreement \u201centered into\u201d in 2007. Each chamber of Congress, acting independently of the other, has the authority to determine for itself whether the KORUS FTA implementing bill conforms with these requirements. To the extent either the House or the Senate finds that the bill satisfies the terms of the Trade Act of 2002, the bill will be entitled to receive an up-or-down vote without amendment and with limited debate in that chamber. \nIt is difficult to predict with certainty how the 2010 changes might affect Congress\u2019s decision to consider the KORUS FTA implementing bill under the fast track procedures. However, the effect of side agreements on the fast track eligibility of the implementing legislation for the North American Free Trade Agreement (NAFTA) may be instructive. In that case, the Executive concluded supplemental agreements to the trade agreement after the agreement was signed and trade promotion authority had expired. These agreements were treated as executive agreements, circumventing the need for their express approval by Congress, but the implementing bill nevertheless authorized U.S. participation in the two agreements. Arguably, the NAFTA supplemental agreements may be characterized as having received congressional approval. \nAlthough Members expressed concern about the use of the fast track procedures to consider the NAFTA implementing bill, no Member formally challenged the bill\u2019s eligibility for fast track consideration. To challenge the use of the fast track procedures to consider the KORUS FTA implementing bill, a Member must raise an objection. The bill\u2019s eligibility for fast track consideration will then be resolved by the chamber in which the objection was raised. Either chamber may also decide, as an exercise of its rulemaking power, to waive, suspend, or repeal its grant of fast track authority.\nIf the KORUS FTA implementing bill is deemed ineligible for\u2014or otherwise denied\u2014fast track consideration, the bill, in its entirety, may be considered under the regular procedures of each chamber. Under these procedures, the bill, like other pieces of legislation, might not be brought up for a vote or might be passed with amendments. The Jordan Free Trade Agreement was statutorily implemented under regular procedures.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41544", "sha1": "e29d6c6cbd54791985a093fbf577f48108dc3744", "filename": "files/20110302_R41544_e29d6c6cbd54791985a093fbf577f48108dc3744.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41544", "sha1": "2c6504cc1601968407db8c96d90798d31094786f", "filename": "files/20110302_R41544_2c6504cc1601968407db8c96d90798d31094786f.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc490857/", "id": "R41544_2010Dec22", "date": "2010-12-22", "retrieved": "2015-01-27T19:40:46", "title": "Trade Promotion Authority and the Korea Free Trade Agreement", "summary": "This report looks at the effects of the Korean Free Trade Agreement (KORUS FTA) on side agreements via the North American Free Trade Agreement (NAFTA).", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20101222_R41544_b95c693485c9ab6e713a37bb234f3d86090f78ed.pdf" }, { "format": "HTML", "filename": "files/20101222_R41544_b95c693485c9ab6e713a37bb234f3d86090f78ed.html" } ], "topics": [ { "source": "LIV", "id": "International affairs", "name": "International affairs" }, { "source": "LIV", "id": "Trade", "name": "Trade" }, { "source": "LIV", "id": "Trade agreements", "name": "Trade agreements" } ] } ], "topics": [ "Foreign Affairs" ] }