May 19, 2015

U.S. Senate
Washington, D.C.  20510

Dear Senator,

On behalf of the more than one million members and supporters of the Council for Citizens Against Government Waste (CCAGW), I urge you to support H.R. 1314, the legislative vehicle for S. 995, the Bipartisan Congressional Trade Priorities and Accountability Act (TPA).

TPA establishes the parameters within which a president can negotiate a treaty with other nations.  Congress is bound to either approve or reject any such treaty with an up or down vote; neither amendments nor filibusters are permitted.  This “fast track” process is essential to assure trading partners that agreements will be approved without delay and not revoked or redefined at a later date.

The legislation contains nearly 150 specific negotiation objectives, including more than a dozen transparency and accountability objectives.  Every member of Congress can read the negotiating text, receive at any time a briefing on the status of negotiations from U.S. Trade Representative’s (USTR) office, and become a congressional advisor eligible to attend negotiating rounds.  The full text of the agreement must be made public at least 60 days before it is sent to Congress for consideration.

Finally, TPA provides an opportunity for Congress to stop the expedited consideration of a trade agreement with an “off switch.”  This unprecedented safeguard allows the House to consider a Consultation and Compliance Resolution that, if necessary, would state that the President has failed to follow the provisions of TPA and therefore fast track procedures would not apply to the bill to implement such a trade agreement.  This decision can be made solely by the House, without the consent of the Senate or the approval of the President.

Support for TPA has been expressed in a joint op-ed by House Ways and Means Committee Chairman Paul Ryan (R-Wisc.) and Sen. Ted Cruz (R-Texas), a speech on the House floor by Rep. Tom McClintock (R-Calif.), and CCAGW's op-ed in the May 19 edition of The Hill.

Despite concerns over the President’s “authority,” free trade is not a free hand for President Obama or any other president.  On May 14, the Congressional Research Service released a report that reiterated the President’s authority to negotiate trade agreements with other countries and concluded that any changes in U.S. law required under such an agreement “could be implemented only through legislation enacted by Congress.”  In other words, the President does not and will not have the power to unilaterally change any law related to immigration, labor, the environment, or any other matter.

The USTR is currently negotiating two key trade agreements, the Trans-Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Partnership (T-TIP), both of which would be considered under the procedures set forth in the TPA legislation.  Each provides opportunities for the U.S. to expand its reach into the global market, while protecting and promoting U.S. goods overseas.

Another reason to support TPA and the trade agreements is the inclusion of critical provisions to promote, protect, and enforce intellectual property rights.  In particular, the U.S. is seeking to enhance joint leadership with the EU on IP rights issues, as well as new opportunities to advance and defend the interests of U.S. creators, innovators, businesses, farmers, and workers, including their ability to compete in foreign markets.

Members of Congress have expressed various reasons to oppose TPA.  However, any objection based on providing the president with too much “authority” should be dispelled by the plain words of the legislation and the CRS report.  The enactment of TPA is too important to the U.S. and global economy to be sidelined by misleading and false claims about imaginary presidential powers.

I urge you to support H.R. 1314.  All votes on TPA will be among those considered in CCAGW’s 2015 Congressional Ratings.

Sincerely,

Tom Schatz
President, CCAGW