President submits Colombia trade agreement for fast-track approval: Congress changes the rules: prospects uncertain.

• Author: Crook, John R.

In April 2008, President Bush submitted proposed legislation to Congress for "fast track" approval (1) in order to implement the United States-Colombia Trade Promotion Agreement. Under the fast-track procedures, such agreements must be given an up-or-down vote (that is, without the possibility of amendment) by both houses of Congress within ninety legislative days. (The president's fast-track authority expired in July 2007 but remains available for trade agreements signed previously.) The agreement was signed in 2006, but further negotiations were required in order to address environmental and labor objectives established by a May 2007 agreement between the administration and some congressional leaders aimed at enhancing bipartisan support for trade agreements. (2)

Some Democratic leaders in Congress harshly criticized the president's action. Organized labor and both Democratic candidates for president, Senators Clinton and Obama, also oppose the agreement. Opponents cited a past practice of congressional-executive agreement on the timing of congressional consideration of fast-track agreements, and argued, inter alia, that the matter should not be considered pending authorization of further trade-adjustment assistance to U.S. workers and additional action by Colombia to combat the killing of union organizers and leaders by "death squads." Administration spokesmen vigorously defended the economic and security benefits said to follow from the agreement, and emphasized significant reductions in the killings of union leaders in Colombia. They also noted the limited legislative time available during the curtailed congressional schedule of an election year. (3)

The House of Representatives responded to the president's action by approving a rule change suspending the statutory timeline for congressional action, thereby frustrating the fast-track procedure. The House's refusal to take up the agreement prompted harsh criticism from the president, senior administration officials, (4) and some outside observers...