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H8972 CONGRESSIONAL RECORD — HOUSE December 6, 2001
Smith (TX) Taylor (NC) Watkins (OK) GENERAL LEAVE promise legislation on the floor today.
Smith (WA) Terry Watts (OK)
Snyder Thomas Weldon (FL) Mr. THOMAS. Mr. Speaker, I ask The leadership of this House has been
Souder Thornberry Weldon (PA) unanimous consent that all Members remarkable in educating Members and
Spratt Thune Weller
may have 5 legislative days within in reaching out to address their con-
Stearns Tiahrt Wexler cerns. The gentleman from California
Stenholm Tiberi Whitfield which to revise and extend their re-
Stump Toomey Wicker marks and include extraneous material (Mr. DREIER), the gentleman from Cali-
Sununu Traficant Wilson on H.R. 3008 and that, as a matter of fornia (Mr. THOMAS), and the gen-
Sweeney Upton Wolf tleman from Illinois (Mr. CRANE) have
Tancredo Vitter Wu notice, H.R. 3129 will reappear on the
Tanner Walden Young (FL) floor under a rule. been the driving force behind free
Tauzin Walsh The SPEAKER pro tempore (Mr. trade; and I thank them and our col-
Taylor (MS) Wamp ISAKSON). Is there objection to the re- leagues on the other side of the aisle,
NAYS—168 quest of the gentleman from Cali- the gentleman from California (Mr.
Abercrombie Gutierrez Napolitano fornia? DOOLEY), the gentleman from Lou-
Ackerman Harman Neal There was no objection. isiana (Mr. JEFFERSON), and the gen-
Allen Hastings (FL) Oberstar
f tleman from Tennessee (Mr. TANNER),
Andrews Hill Obey
Baca Hilliard Olver
for their diligence and their persever-
BIPARTISAN TRADE PROMOTION ance.
Baldacci Hinchey Otter
Baldwin Hinojosa Owens AUTHORITY ACT OF 2001 Mr. Speaker, there was a time when
Barcia Hoeffel Pallone Mr. REYNOLDS. Mr. Speaker, by di- this country could boast that we were
Barrett Holden Pascrell
Becerra Holt Pastor
rection of the Committee on Rules, I the world leader in shaping the rules
Berkley Honda Paul call up House Resolution 306 and ask for international trade, globalization
Berman Hooley Payne for its immediate consideration. and open markets. Sadly, this is no
Bishop Hoyer Pelosi The Clerk read the resolution, as fol-
Blagojevich Inslee Peterson (MN)
longer the case.
Blumenauer Jackson (IL) Rahall
lows: There are more than 130 regional
Bonior Jackson-Lee Rangel H. RES. 306 trade agreements in force today, but
Borski (TX) Rivers Resolved, That upon the adoption of this
Boucher Jefferson Rodriguez
only three including the United States.
resolution it shall be in order without inter- To our south, Mexico has trade deals in
Brady (PA) Johnson, E. B. Roemer
Brown (FL) Jones (OH) Rothman
vention of any point of order to consider in at least 28 countries, while across the
Brown (OH) Kanjorski Roybal-Allard the House the bill (H.R. 3005) to extend trade
authorities procedures with respect to recip-
ocean, the European Union has trade
Capps Kennedy (RI) Rush
Capuano Kildee Sabo rocal trade agreements. The bill shall be agreements with 27 other countries.
Cardin Kilpatrick Sanchez considered as read for amendment. The In 1999 one-third of the world exports
Carson (IN) Kind (WI) Sanders amendment recommended by the Committee were covered by EU agreements. Only
Clay Kleczka Sandlin on Ways and Means now printed in the bill,
Clayton Kucinich Sawyer
one-tenth of the world exports were
Condit Lampson Schakowsky
modified by the amendment printed in the covered by U.S. agreements, sending
Conyers Lantos Schiff report of the Committee on Rules accom- dollars and jobs to competitors that
Coyne Larson (CT) Scott panying this resolution, shall be considered
should have been in the United States.
Crowley Lee Serrano as adopted. The previous question shall be
Cummings Levin Sherman considered as ordered on the bill, as amend- We are the most competitive Nation
Davis (CA) Lewis (GA) Skelton ed, to final passage without intervening mo- in the world, yet we rank 26th in the
Davis (FL) Lofgren Slaughter tion except: (1) one hour of debate on the world in bilateral investment treaties.
Davis (IL) Lowey Solis
DeFazio Lynch Stark
bill, as amended, equally divided and con- We have nearly completed the first
DeGette Markey Strickland trolled by the chairman and ranking minor- year of the 21st century, the new mil-
Delahunt Mascara Stupak ity member of the Committee on Ways and lennium; yet America’s trade agenda is
DeLauro Matsui Tauscher Means; and (2) one motion to recommit with
still puttering along in a slow lane
Deutsch McCarthy (MO) Thompson (CA) or without instructions.
Dicks McCarthy (NY) Thompson (MS) while our trade partners around the
Dingell McCollum Thurman The SPEAKER pro tempore. The gen- globe speed past us, and every day we
Doggett McDermott Tierney tleman from New York (Mr. REYNOLDS) get left behind, and our economy and
Dooley McGovern Towns is recognized for 1 hour. our families are hurt even more.
Doyle McKinney Turner Mr. REYNOLDS. Mr. Speaker, for the
Edwards McNulty Udall (CO) Each day that America delays, other
Engel Meehan Udall (NM) purposes of debate only, I yield the cus-
countries throughout the world are en-
Eshoo Meeks (NY) Velazquez tomary 30 minutes to the gentleman
Evans Menendez Visclosky tering into trade agreements without
from Florida (Mr. HASTINGS) pending
Farr Millender- Waters us, gradually surrounding the United
which I yield myself such time as I
Fattah McDonald Watson (CA) States with a network of trade agree-
Filner Miller, George Watt (NC) may consume. During consideration of
ments that benefit their workers, their
Ford Mink Waxman this resolution, all time is yielded for
Frank Mollohan Weiner farmers, their businesses and their
the purpose of debate only.
Frost Moore Woolsey
Mr. Speaker, House Resolution 306 is economies at the expense of us. In
Gephardt Murtha Wynn short, our trading partners are writing
Gonzalez Nadler a closed rule providing for consider-
ation of H.R. 3005, the Bipartisan Trade the rules of world trade without us.
NOT VOTING—9 How important is this to American
Promotion Authority Act of 2001, with
Brown (SC) Hostettler Quinn
an hour of debate in the House equally jobs and the American economy?
Clyburn Kirk Roukema
Cubin Meek (FL) Young (AK) divided and controlled by the chairman In my State, international trade is a
and ranking minority member of the primary generator of business and job
b 1159 growth. In the Buffalo area, the high-
Committee on Ways and Means.
Mr. CROWLEY changed his vote from The rule waives all points of order est manufacturing employment sectors
‘‘yea’’ to ‘‘nay.’’ against consideration of the bill. are also among the State’s top mer-
Mr. ISRAEL changed his vote from Additionally, the rule provides that chandise export industries, including
‘‘nay’’ to ‘‘yea.’’ the amendment recommended by the electronics, fabricated metals, indus-
So (two-thirds not having voted in Committee on Ways and Means now trial machinery, transportation equip-
favor thereof) the motion was rejected. printed in the rule, modified by the ment and food products. Consequently,
The result of the vote was announced amendment printed in the report of the as exports increase, employment in
as above recorded. Committee on Rules accompanying these sectors will also increase.
Stated for: this resolution, shall be considered as From family farms to the high-tech
Mr. BROWN of South Carolina. Mr. Speak- adopted. start-ups to established businesses and
er, on rollcall No. 478 I was unavoidably de- Finally, the rule provides for one mo- manufacturers, increasing free and fair
tained. Had I been present, I would have tion to recommit with or without in- trade will keep our economy going and
voted ‘‘yea.’’ structions. create jobs in our community.
Mr. KIRK. Mr. Speaker, on rollcall Before I begin, there are many people With America at war, now may seem
vote 478, I would have voted ‘‘yea.’’ responsible for this bipartisan com- like the time for our country to close
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8973
its borders and discourage global inter- good friend, for yielding me the cus- Like the Wu and Rangel amendment,
action. Nothing could be further from tomary 30 minutes. the American people will be denied the
the truth. Mr. Speaker, at the risk of being the right to hear the gentlewoman from
Never has it been more apparent that House contrarian this morning, I again California’s amendment.
we need to enhance and strengthen rise in strong opposition to this unfair How the majority is not embarrassed
friendships around the world, and what rule and equally strong opposition to to bring such a rule to the House floor
better way to build coalitions than the underlying bill. is simply beyond my comprehension.
with free trade. At the outset, let me explain the pro- Setting aside for a moment the gross
In the 1960 Democratic platform, cedural problems with this rule that problem with this rule, there are sig-
President Kennedy put it best in the was reported late last night. Recently, nificant concerns related to the under-
following message that is relevant both we have heard so much about the new lying bill.
then as it is now. World trade is more spirit of bipartisanship that is flow- Mr. Speaker, I am disappointed that
than ever essential to world peace. We ering throughout D.C. Unfortunately, the Trade Promotion Authority, for-
must therefore resist the temptation to the majority members of the House merly Fast Track, legislation com-
accept remedies that deny American Committee on Rules must not have pletely ignores the legitimate concerns
producers and consumers access to gotten this memo. many people have raised about the neg-
world markets and destroy the pros- Mr. Speaker, I remember well the ative impact of current trade policies
perity of our friends in the non-Com- times that Republican after Republican on working families, the environment,
munist world. came to this floor to decry so-called family farmers, consumers, small- and
We can neither deny nor ignore the unfair, heavy-handed tactics that my mid-sized businesses, people of color
correlation between peace and free party used when we held the majority and women here in the United States
trade. in this Chamber. At that time, Repub- and around the world.
Not only does the war on terrorism licans were outraged and incredulous At a time when more than 700,000 lay-
influence the need for free trade, but each time an important bill came to offs have been announced since Sep-
the anticipated economic opportunities the House floor under a closed rule tember 11, more than 2 million Ameri-
which prohibited serious debate. cans have lost their jobs this year; and
for American workers, farmers and
This is the exact rule that the Repub- on the heels of the largest bankruptcy
companies will provide a much needed
licans would like us to work under filing in the history of our country,
boost to our uncertain economy.
today. So I say to my Republican col- where thousands more will soon receive
Just look at the facts. One in 10
leagues, where is the outrage? Where is a pink slip, the other side of the aisle
Americans, nearly 12 million people,
the disdain? My guess is that the dis- is coming to the floor today to lay the
work at jobs that depend on exports of
dain and outrage are packed and ready foundation for the loss of hundreds of
goods and services. American farmers
to go on 4 o’clock planes that they are thousands of jobs by more Americans
exported $51 billion in agricultural
trying to catch today. What other rea- in the immediate future.
products and crops last year that sup-
To top it off, just a short while ago
ported 750,000 jobs. son could there be for closing off such
this body reauthorized funding for
In New York alone, my home State, important debate?
trade adjustment assistance in antici-
the number of companies exported in- Let there be no mistake, Mr. Speak-
pation of imminent job losses from fu-
creased 61 percent from 1992 to 1998. er. The bill that we consider today will
ture trade agreements.
Currently, the wages of New York have profound and long lasting effects
workers in jobs supported by exports on every State in this great country b 1215
are 13 to 18 percent higher than the na- and on citizens throughout the world, Talk about a self-fulfilling prophecy.
tional average. The imports provide and instead of allowing a fair and open You see, Mr. Speaker, today we are
consumers and businesses in New York debate, the majority is trying to not voting on one trade agreement
with wider choice in the marketplace, squelch the voices that they wish not versus another. Rather, we are voting
thereby enhancing living standards and to hear. on giving the President open-ended au-
contributing to competitiveness. No amendments or substitute are thority to go ahead and commit the
The world is not waiting while the permitted to this bill. The gentleman United States to trade agreements
United States putters along. Trade from New York (Mr. RANGEL), one of without allowing Congress substantive
Promotion Authority offers the best the most respected and distinguished consultation on the specifics of the
chance for the United States to reclaim Members of this body, a Member who agreement. To provide this open-ended
leadership in opening foreign markets, has served nearly 27 years on the House authority to the President without re-
expanding global economic opportuni- Committee on Ways and Means, who quiring that environmental and labor
ties for American producers and work- knows as much about trade as anybody standards be included in any trade
ers, and developing the virtues of de- in the House of Representatives, will agreement is nothing short of ham-
mocracy around the world. not be permitted to offer an amend- mering another nail in the coffin of
The President has said open trade is ment or substitute to this bill. Frank- hundreds of American industries na-
not just an economic opportunity, it is ly, this is not simply unfair; it is offen- tionwide.
a moral imperative. The prosperity and sive. I support free trade. I was told last
integrity of global democracy is at Moreover, there were a number of night in the Committee on Rules meet-
stake, and it is incumbent upon us to other Members who came to the Com- ing that the manager’s amendment will
pull into the fast lane in order to reap mittee on Rules late last night to ask protect agriculture; that it will protect
the benefits of free trade. that their amendments be permitted to sugar in my State. Well, it did not. I
What we ask for today is nothing be offered. They were all denied their have in the past, and will again, sup-
new. Until its expiration in 1994, every request. port free trade. However, any free trade
President from Richard Nixon through What are Americans being denied the agreement must be a fair trade agree-
Bill Clinton has enjoyed the right of right to hear about? One example, the ment.
Trade Promotion Authority. This gentleman from Oregon (Mr. WU), our It is outrageous to expect the American agri-
President deserves the same right. thoughtful colleague, would have liked cultural industry to compete with South Amer-
I strongly urge my colleagues to do to offer an amendment making human ican, Central American, or Asian agricultural
the right thing for America. Support rights considerations a principal objec- industries who are not required to pay their
this rule and the underlying legisla- tive of our trade compacts. If this rule workers a minimum living wage and are not
tion. passes, the gentleman from Oregon held to the same environmental standards as
Mr. Speaker, I reserve the balance of (Mr. WU) will not be able to offer his farmers here in the U.S.
my time. commonsense amendment. Don’t believe me? Look at what NAFTA did
Mr. HASTINGS of Florida. Mr. Another example, the gentlewoman to my home state of Florida, specifically the
Speaker, I yield myself 5 minutes. from California (Ms. WATERS) had sen- agriculture industry. From citrus to sugar and
Mr. Speaker, I thank the gentleman sible amendments related to some of from rice to tomatoes, Florida’s agricultural in-
from New York (Mr. REYNOLDS), my our neediest trading partners in Africa. dustry has lost thousands of jobs as a direct
H8974 CONGRESSIONAL RECORD — HOUSE December 6, 2001
result of NAFTA. While Mexican farmers have for those Americans who are suffering This was never discussed in the sub-
profited, companies have closed and Florida today. committee, it never was discussed in
no longer have jobs. What is it that trade agreements the full committee, never discussed
The President has made it no secret that mean for America? They will provide with Democrats, but there were meet-
the first thing he will do with fast track author- and have traditionally provided tar- ings with two Democrats with the
ity is to move forward with the Free Trade geted tax relief to America’s working chairman. And he concluded after
Area of the Americas agreement. The FTAA families by giving them access to high- those conversations that ended com-
agreement, as currently written, could result in quality products at low prices. They promise, that ended discussion, and
Florida’s citrus and sugar industries, along create better, higher-paying jobs by that was the end product.
with fruit and vegetable industries nationwide, prying open new markets for America’s Now, we are used to that on the Com-
ceasing to exist. South American farmers who world-class goods and services around mittee on Ways and Means, because my
pay their workers pennies and do nothing to the world. And we know that those in- chairman truly believes that he was
preserve the land they grow or the environ- volved in the area of exports tradition- violated by former chairman Dan Ros-
ment they pillage, could wipe out the U.S. ag- ally earn between 13 and 18 percent tenkowski, and he is going to spend the
riculture industry before we know what hit us. higher income levels than those goods rest of his legislative career making us
As I mentioned at the outset and for the that are produced simply for domestic pay for it. That is okay. We all under-
reasons just explained, I oppose adoption of consumption here in the United States. stand that and we will work with it.
this rule. So by prying open new markets, we But we always thought the Committee
Mr. Speaker, I reserve the balance of create opportunities for higher wage on Rules was different. We always
my time. rates for American workers. thought the Committee on Rules knew
Mr. REYNOLDS. Mr. Speaker, I yield They also provide that very impor- that they were in the majority, the Re-
such time as he may consume to the tant and powerful link between nations publicans; they had the votes, so they
gentleman from California (Mr. who want to participate peacefully in at least would let us have an oppor-
DREIER), the distinguished chairman of the global marketplace. And, Mr. tunity to express ourselves.
the Committee on Rules, and an archi- Speaker, I believe that every shred of We know that we have the constitu-
tect of this important legislation. empirical evidence that we have leads tional responsibility to deal in trade,
(Mr. DREIER asked and was given us to conclude that American exports but we know it is the President, like
permission to revise and extend his re- and American trade provide us the op- the head of any State, that has the re-
marks.) portunity to do one of the most impor- sponsibility to do it. But when you del-
Mr. DREIER. Mr. Speaker, I rise in tant things that we can, and that is ex- egate your responsibility, there should
strong support of this rule. This is a port our western values throughout the be some checks, there should be some
fair rule. Yes, it is a closed rule, but world. balances, there should be some credi-
this rule is about procedure. My col- We know that as we deal with this
bility as to what you are doing.
leagues are either for granting the challenging war against terrorism, try- We know Republicans are concerned
President Trade Promotion Authority ing to expand economic opportunity so
about labor standards. They do not
or they are against granting the Presi- that people have choices will go a long
support slave labor and child labor.
dent Trade Promotion Authority. So I way towards dealing with this issue.
They would like people to organize. We
do not know what all this argument is The global leadership role that the
believe that we would not want for-
about all these other issues. President has played, especially since
eigners to have a better opportunity in
Yes, we have worked long and hard to September 11, has been heralded by
investment than Americans. We be-
fashion a package. The gentleman from Democrats and Republicans alike. And
lieve Republicans truly believe that
California (Mr. THOMAS), the chairman I believe that this tool which we are on
the Congress should not just be con-
of the Committee on Ways and Means, the verge of giving him will be able to
sulted but should protect its constitu-
and a wide range of people on both go a long way towards effectively deal-
ing with this issue. tional right to make certain that for-
sides of the aisle have worked on this eign organizations do not destroy the
This is a positive, very positive rule.
issue, and now we have come down to laws that we have.
It is a good bill. My colleagues should
the point where Members of Congress But just to be so afraid that we will
join in strong support of it, and I thank
will have to make a choice. They will be heard because you do not have the
my colleague for yielding me this time.
either vote ‘‘yes’’ to give the President Mr. HASTINGS of Washington. Mr. votes or you have not bought enough
authority or they will vote ‘‘no,’’ and Speaker, I am pleased to yield 5 min- votes or you do not have enough vehi-
that is what this rule provides us with utes to the distinguished gentleman cles to talk about what you are going
the opportunity to do. from New York (Mr. RANGEL), the dean to give in some other field that you do
It is very fair, it is very balanced, of the New York delegation and a 27- not even give us a chance to tell you
and it is, quite frankly, the way rules year-member of the Committee on that we believe let us have TPA, let us
that have addressed trade issues in the Ways and Means. have fast track, but we think there is a
past have been addressed. So this is Mr. RANGEL. Mr. Speaker, I take better way to do it.
nothing new. When our friends on the the floor in opposition to the rule. And Why would you not give the gen-
other side of the aisle, Mr. Speaker, I regret that the distinguished chair- tleman from Michigan (Mr. LEVIN) an
were in the majority, this is exactly man of the committee has left the opportunity to show you what we have
the way they moved the rules dealing floor, because I do believe that, being worked on? Is he someone that is a pro-
with trade issues. And so we have in the minority, that the Committee tectionist; someone that stood up to
learned from you all so well. So we are on Rules has been extremely fair in the United Auto Workers in Detroit;
following your model to a T here, and giving Democrats an opportunity, not someone that we would not have had a
thank you very much for setting the to pass anything and not to get any bill with China had he not worked with
example for us. votes from them, but at least to give us the gentleman from Nebraska (Mr. BE-
Mr. Speaker, we all know that last the opportunity as the minority to REUTER)? You know it and I know it.
week we learned with absolute cer- have our views heard. What about the gentleman from Cali-
tainty that our economy is faced with This bill has been called a bipartisan fornia (Mr. MATSUI)? He worked so hard
economic recession. It is a great dif- bill. And you can call it bipartisan all for NAFTA, the North American Free
ficult time for many of us. Many of our day and all night, this year and next Trade Agreement. Who can deny that
fellow Americans have been laid off. year, but you can put wings on a pig this man has dedicated his life to free
There is a great deal of suffering tak- and he cannot fly. This is not a bipar- trade?
ing place. We are all aware of that, and tisan bill. Bipartisan means, to the What about the gentleman from
we know it was dramatically exacer- chairman of the Committee on Ways Washington (Mr. MCDERMOTT)? He will
bated following September 11. What we and Means, walking down the hall with not be able to be heard on the bill that
are about to do, Mr. Speaker, I believe, RANGEL and giving him an opportunity we crafted; someone that opened the
may be one of the most important to talk about trade. If I miss that, then doors for trade with sub-Saharan Afri-
things that can help us turn the corner I miss the bipartisanship. ca?
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8975
Are you so afraid of another view, are BALART), a member of the Committee motion Authority for the President
you so frightened that we will be heard on Rules. today.
and that you would lose some of the Mr. DIAZ-BALART. Mr. Speaker, I Mr. HASTINGS of Florida. Mr.
votes? thank my friend from New York for Speaker, I yield myself such time as I
And then this terrorism thing. How yielding me this time. may consume.
dare people say that we are not fight- Mr. Speaker, this is a crucial mo- Mr. Speaker, I remind the gentleman
ing the war against terrorism because ment, a crossroad for democracy in the from Florida (Mr. DIAZ-BALART) that
we do not do what the gentleman from Western Hemisphere. I recognize that certainly he remembers after NAFTA
California (Mr. THOMAS) says that we there are legitimate concerns anytime we lost considerable jobs in the State
should do. Fighting the war against Congress cedes authority granted to it of Florida; and with the Free Trade
terrorism, the President says, requires by the Constitution. I, in fact, opposed Area of the Americas agreement, the
a bipartisan approach. It means that it granting President Clinton this author- likelihood is that can occur again.
is not chairmen who run and rule; it is ity. I did not trust him. But I trust Mr. Speaker, I yield 3 minutes to the
bipartisanship, Democrats and Repub- President Bush. I voted last night in gentleman from Michigan (Mr. LEVIN).
licans working together, working their the House Committee on Rules to (Mr. LEVIN asked and was given per-
will, and presenting something to us. grant the President Trade Promotion mission to revise and extend his re-
But I tell you this: If you really be- Authority, and I will do so today as marks.)
lieve that doing the right thing with well on the House floor. Mr. LEVIN. Mr. Speaker, the notion
unemployment compensation and We have a unique opportunity to that the U.S. has been standing still in
doing the right thing with health, strengthen democracy in the Western trade is nonsense. Africa, CBI, Jordan,
when you have not done the right thing Hemisphere. Nations in this hemi- China, NTR, Cambodia, in the last few
all year, that you are going to pick up sphere are facing numerous challenges years, indeed, globalization is here to
some votes in doing it, and for those that threaten their fledgling democ- stay. The main issue today is not free
people who do not like the bill but are racies, including narco-trafficking and trade versus protectionism. That is an
concerned about the crises and the terrorism. One of the surest ways to old label for a new bottle of issues.
hardships of people who have lost their support democracy in our hemisphere This is primarily a debate among
jobs, and they are going to take a is by facilitating the emergence of a supporters of expanding trade, whether
promise from the majority to trust common market of the Americas, the to shape trade policy to maximize its
them, vote for this bill and they will do free trade area of the Americas, the benefits and minimize its losses. Sup-
the right thing for health insurance, if FTAA. I strongly support free trade porters of the Thomas bill believe no.
you believe that, I have a great bridge among free peoples; free trade among Essentially more trade is always better
in Brooklyn I would like to discuss free peoples is good economically and whatever the term, so they are com-
with you. it is ethical. fortable with providing vague negoti-
Mr. REYNOLDS. Mr. Speaker, I yield An FTAA that incorporates a strong, ating objectives, running away from
myself such time as I may consume to enforceable democracy requirement is issues like labor and the environment
comment that listening to the com- the best hope for protecting unstable and leaving Congress in essentially the
ments of the dean of the delegation democracies and for exporting it to role of a consultant.
from New York, and listening to his re- where tyranny now reins. This is not time for a one-dimen-
marks as the ranking member of the The European Community, now the sional approach. It is a new world, new
Committee on Ways and Means, rank- European Union, insisted on democracy nations, expanding issues. For exam-
ing minority member, there are a lot of as a requirement for membership, and ple, on core labor standards, the Ran-
views to life. I have this glass of water. that contributed directly and effec- gel approach is clear and effective, a
Some would say that it is half empty. tively to the democratization of Spain principal negotiating objective, in-
I prefer to look at it as half full. and Portugal after the deaths of dic- creasingly enforcing ILO core labor
I do not know that any of us totally tators Francisco Franco and Antonio standards. Thomas, each nation is es-
have an exact definition of what bipar- de Oliveira Salazar in the decade of the sentially left on its own no matter how
tisanship is. This is an up-or-down 1970s. inadequate its laws. And the manager’s
vote. This is not a Republican or a The Declaration of Quebec City of amendment that was suddenly intro-
Democrat issue. We are either for free April 2001, from the most recent Sum- duced last night only makes it worse,
and fair trade and giving the President mit of the Americas, the process, Mr. leaving a weak provision essentially
the authority to enter bilateral agree- Speaker, leading to the FTAA, made a powerless in its enforcement.
ments or we are not. That is what that similar commitment to democracy: On investment, the Rangel bill is
rule is about, to bring the bill to the The maintenance and strengthening of clear and unambiguous. No greater
floor and vote it up or down. the rule of law and strict respect for rights for foreign investors. The Thom-
I look at it as bipartisanship, the the democratic system are, at the same as bill dances around this issue.
same way I look at this half full glass time, a goal and a shared commitment Then on the role of Congress, those of
of water that is on this table. There are and are an essential condition of our us who see the need to shape trade
six sponsors, three Democrats, three presence at this and future summits, want to ensure an active and ongoing
Republicans. About as bipartisan as I all of the democratically elected heads role for Congress. This is a necessary
have seen anything be around here, of State in the hemisphere stated in corollary of the fact that trade is more
with the gentleman from California April in Quebec. Consequently, disrup- important than ever. The Thomas bill
(Mr. DREIER), the gentleman from Cali- tion of the democratic order in a state only enhances the role of Congress as a
fornia (Mr. THOMAS), the gentleman of the Hemisphere constitutes an insur- consultant, tracking the Archer-Crane
from Illinois (Mr. CRANE), the gen- mountable obstacle to the participa- language of 3 years ago.
tleman from California (Mr. DOOLEY), tion of that state’s government in the The manager’s amendment tried to
the gentleman from Louisiana (Mr. Summit of the Americas process.’’ beef this up by saying any Member can
JEFFERSON), and the gentleman from put forth a resolution to withdraw Fast
Tennessee (Mr. TANNER). b 1230 Track; but it only reaches the floor if
I hope that the Members, as they The Summit of the Americas process it goes through the Committee on
come and listen to this debate and as is clearly headed in the right direction, Ways and Means and the Committee on
they cast their vote, will see that it is, but strong leadership by the United Rules.
once and for all, a simple rule that States is needed to make democracy in In this and so many other ways, the
gives us the opportunity to vote for a the entire hemisphere a permanent re- Thomas bill sometimes talks the talk,
decision to give the promotion author- ality. Without Trade Promotion Au- but does not walk the walk. We can
ity to the President and have free and thority, President Bush would not be and must do better: expand and shape
fair trade or we do not. able to achieve an FTAA with a strong trade. Fast Track authority is a major
Mr. Speaker, I yield 3 minutes to the democracy requirement. Accordingly, delegation of authority. We should do
gentleman from Florida (Mr. DIAZ- it is crucial that we pass Trade Pro- it the right way. Thomas does not do
H8976 CONGRESSIONAL RECORD — HOUSE December 6, 2001
so. Rangel does. Vote ‘‘yes’’ on Rangel Trojan horse with respect to the envi- his negotiators to bring home the best
and vote ‘‘no’’ on Thomas. ronment. deals for America. I urge Members to
Mr. REYNOLDS. Mr. Speaker, I yield With respect to some other basic support the rule and TPA.
1 minute to the gentleman from Flor- rights, such as Americans knowing Mr. HASTINGS of Florida. Mr.
ida (Mr. KELLER). what they eat, I call Members’ atten- Speaker, I yield 11⁄2 minutes to the gen-
Mr. KELLER. Mr. Speaker, I rise tion to page 14, section 2(b)(10)(viii)(II). tleman from New Jersey (Mr.
today in strong support of the Bipar- This takes away our right to know PASCRELL).
tisan Trade Promotion Authority Act, what we eat. The amendment that the Mr. PASCRELL. Mr. Speaker, this is
and this is why: 95 percent of the gentlewoman from California (Mrs. a very critical issue. We are arguing
world’s population is outside of the BONO) passed earlier this year would be the rule. I want both sides to know
United States. It is critical that we eviscerated by this particular provi- these are the rules of the Constitution
give the President the tools he needs to sion. The chairman would undoubtedly of the United States. Article 1 section
open up markets all across the world say it would be based on good science. 8 is very clear. In the last 20 years this
for our goods and services. By increas- I think this would be the kind of Congress has given up its powers to the
ing America’s export markets, we will science that we get from the cigarette executive branch of government. We
increase the number of high-paying companies who have yet to find a real have had folks on the other side talk
high-tech jobs in the United States. scientific link between cancer and about it. It is very clear what article 1
A good example of that is the smoking. section 8 says about what our respon-
Recoton Corporation in central Flor- Finally, my core issue of human sibilities are.
ida, which is the Nation’s largest con- rights. Who will speak for those who In the movie ‘‘Thelma and Louise,’’
sumer electronics manufacturer in the are in jail or who are intimidated into Thelma turns to Louise and says,
area of car stereo speakers. Recoton’s silence if we do not? There are tem- ‘‘Don’t settle.’’ We are settling here.
president, Mr. Bob Borchardt, is also porary trade advantages in suppressing We are settling for an erosion not only
the chairman of the Electronics Indus- human rights. Mussolini made the of the Constitution of the United
try Alliance. trains run on time, and making the States, an erosion of labor rights, an
Mr. Borchardt tells me that only 10 trains run on time can temporarily erosion of environmental security, an
percent of his company’s sales are out- benefit an economy. But in the long erosion of our trade imbalance which
side of North America, and that pass- term, democracy and human rights are has risen to $435 billion, a $62 billion
ing Trade Promotion Authority will both good for individuals and they are erosion according to NAFTA itself. We
help open up foreign markets and will good for business because complex soci- are making a big mistake if we vote
result in his company creating many eties, it is like geology when tectonic ‘‘yes.’’
new jobs in central Florida. plates come against each other: that This is not a question of to trade or
Mr. Speaker, now is not the time to energy can be released in little earth- not to trade; this is a question of hav-
isolate America. Let us pass TPA and quakes that are barely felt. We call ing the right rules at the right time. I
give our economy a much-needed boost. those elections. Or we can permit those ask Members to read article 1 section 8.
Mr. HASTINGS of Florida. Mr. plates to lock up and have cataclysmic Did constituents send Members here to
Speaker, I yield 31⁄2 minutes to the gen- earthquakes. We call those revolutions. give up their responsibility to the
tleman from Oregon (Mr. WU). Revolutions are always bad for busi- President of the United States on trade
(Mr. WU asked and was given permis- ness. issues? Then change the Constitution.
sion to revise and extend his remarks.) Good human rights is good business Change the Constitution is my rec-
Mr. WU. Mr. Speaker, I rise today as for the long term, but there are tem- ommendation if that is what Members
a former technology and trade attor- porary advantages to be had by the wish to do.
ney. I have negotiated international suppression of human rights. When we Mr. REYNOLDS. Mr. Speaker, I yield
trade agreements. I am in favor of have a bill which promotes trade and myself such time as I may consume.
international trade, and we do need to protects human rights, I will support Mr. Speaker, in listening to that de-
build a stable consensus in favor of that bill. That day is not today. bate, I would just reflect that there
international trade. But from my per- Mr. REYNOLDS. Mr. Speaker, I yield was a time when the Nation could
sonal experience, I know that there are 1 minute to the gentlewoman from Illi- boast that we were the world leader in
winners and there are losers in trade; nois (Mrs. BIGGERT), who has worked shaping those rules for international
and we must work to ensure, to ensure, diligently to help make this legislation trade and globalization and open mar-
that this rising tide of international come before the House. kets. Sadly, this is no longer the case.
trade truly lifts all boats instead of Mrs. BIGGERT. Mr. Speaker, I rise in In my opening remarks I also re-
leaving some behind. This requires support of the rule on H.R. 3005 to flected that each President from Presi-
meaningful protection of the environ- grant Trade Promotion Authority. Few dent Nixon to President Clinton had
ment, of labor rights, and most impor- are the occasions on which Members of this authority, and that it was impor-
tantly to me, of human rights. This this body have the opportunity to tant to look at giving our sitting Presi-
bill, the Thomas bill, does not do so. I shape the course of our long-term eco- dent the same authority, for the simple
reluctantly oppose the bill. nomic future as we have on this TPA fact that while we would give the abil-
Mr. Speaker, we proposed amend- vote today. ity to negotiate, the gentleman from
ments to improve this bill last night. Without TPA, America will be forced New Jersey (Mr. PASCRELL) would
They were all rejected by the Com- onto the sidelines, watching as other know full well that this Congress, and
mittee on Rules. Therefore, I strongly nations form agreements which shut future Congresses, under its authority
oppose the rule under which this bill is our products and services out of the that would be given to the President,
considered. most promising new markets. Without would cast a vote for each and every
With respect to the environment, I TPA, America will see its role as world agreement as our Constitution pro-
call Members’ attention to page 18, sec- leader transformed into world follower. tects, and any rules that may be there.
tion 2(b)(11)(B) of this bill. It con- Even our most innovative and success- It is clear that this Congress will ratify
stitutes a huge loophole. This bill is ful companies will find themselves any of those agreements. The author-
literally a Trojan horse with respect to making a back seat to foreign competi- ity would allow the President to enter
the environment. There is no meaning- tors. into those bilateral agreements.
ful protection for the environment in What is at stake here are the lives Mr. Speaker, we are behind. There
this bill. The manager’s amendment and livelihoods of current and future are 130 regional trade agreements in
exacerbates this problem, and I quote generations of American workers. force today with only three in the
from the manager’s amendments, ‘‘No Their productivity and creativity are United States. Mexico has 28. The Eu-
retaliation may be authorized based on second to none, and yet second to all ropean Union has 27 with other coun-
labor standards and levels of environ- this is what we will be if we tie the tries. It is important that we move for-
mental protection.’’ I think the lan- hands of our President. Let us untie ward to protect our jobs and grow our
guage speaks for itself. This bill is a the hands of the President, allowing jobs and treat the opportunity of the
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8977
global economy as the United States mittee on Rules, in trying to provide cratic substitute, Republican leaders
marketplace. fair and open rules for all the Members refused to even let the House vote on
Mr. Speaker, I yield 2 minutes to the of this body. it. Thus, Mr. Speaker, did Republican
gentleman from Indiana (Mr. PENCE). Mr. FROST. Mr. Speaker, I thank the leaders drive a stake into any hope of
b 1245 gentleman for yielding me time. bipartisanship on trade. Indeed, there
Mr. Speaker, since September 11, the should be no doubt about how we got to
Mr. PENCE. Mr. Speaker, I thank the world has watched this Nation, from this point. Republican political games-
distinguished gentleman for his leader- the President and the Congress to the manship has put Fast Track trade au-
ship and for yielding me time, and rise U.S. military abroad and the American thority in jeopardy.
in strong support of the rule and of the people here at home, pull together to Mr. Speaker, the American people de-
Bipartisan Trade Promotion Authority wage war on terrorism. serve better. Reject this rule and force
Act today. Unfortunately, America’s desperately Republican leaders to sit down and
Mr. Speaker, I believe the question needed economic recovery has been a work with Democrats. That is the only
before this House, and, in many ways, different matter. Our economy has way Fast Track will ever get the broad
before America today, is who do you been in recession since March, long be- bipartisan support it needs, and it is
trust? Do you trust the shuttered fore September 11, according to the ex- the only way we will ever achieve fair
version of America that says that we perts. Millions and millions of people and free trade that benefits American
will keep our own rules and we will are unemployed across the country. In workers.
keep to ourselves and we will maintain the past few months alone, hundreds of Mr. REYNOLDS. Mr. Speaker, I yield
our place in the world, or do you trust thousands of hard-working Americans 2 minutes to the gentleman from Cali-
the American worker and do you trust have lost their jobs. fornia (Mr. COX).
the American President at such a time Meanwhile, just months after Repub- Mr. COX. Mr. Speaker, I thank the
as this? licans passed budget-busting trillion gentleman from New York for yielding
Well, I stand today to say that I trust dollar tax breaks, the administration is me time.
the American worker. The great Amer- now admitting that the surplus it in- Mr. Speaker, I rise in support of this
ican companies, large and small, when herited is gone and America now faces rule, because I support lower taxes on
given an opportunity to compete in the years of growing debt, threatening pri- working Americans. Tariffs are essen-
world, not only, Mr. Speaker, do we orities from Social Security and Medi- tially taxes that foreign countries im-
compete, but we win, and we win con- care to homeland security and afford- pose on our products. You pay them
sistently. able health care. whenever you pay taxes to support un-
We know in Indiana that trade means How have Republican leaders re- employment benefits for American
jobs, $1.5 billion from this relatively sponded to this problem? With billions workers, because foreign taxes that
small midwestern State in agricultural of dollars in tax breaks for big corpora- discriminate against the United States’
goods alone last year, supporting 24,000 tions, leaving just crumbs for laid-off goods put American workers out of
jobs on and off the farm. And it is not workers. And today, Mr. Speaker, Re- work.
only good for big business, as some on publican leaders are using the House to Millions more Americans could go to
the other side might say. Ninety per- play politics for the 2002 elections. In- work in manufacturing and in services
cent of exports in this country come stead of helping American workers, Re- if tariffs and trade barriers imposed by
from companies with less than 500 em- publican leaders are trying to help foreign countries were reduced or
ployees, and for every $1 billion in in- their own fund-raising. eliminated. Of course, America’s tariffs
creased exports, Mr. Speaker, we create Do not take my word for it, Mr. on foreign goods and our trade barriers
20,000 new jobs here in America that Speaker. The Chairman of the Repub- on goods and services are essentially
pay an average of 17 percent more than lican Campaign Committee spelled it zero on most of what we consume in
similar jobs in the domestic economy. out in the Washington Post a few days this country, so trade negotiations
I trust the American worker to com- ago. For Republican leaders, he said, aimed at reducing tariffs and trade bar-
pete and to win. But I also rise today this Fast Track bill is about fund-rais- riers work strongly in our favor. They
to say that I trust the President. Along ing. It does not matter, he bragged, mean big gains for American con-
with more than 80 percent of the Amer- whether this bill passes or not. Just as sumers and American workers.
ican people today, I trust President long as they can use it to help the Re- There are many colleagues who have
George W. Bush to put America’s inter- publican fund-raising, then they will be concerns about how future trade agree-
ests first in the world, to put American happy. ments will address issues such as sov-
jobs, to put America’s security, to put So Republican leaders have written a ereignty, environmental and labor pro-
American agriculture, manufacturing, Fast Track bill that shortchanges tections, dumping and other unfair
steel, all of the rest on the inter- working Americans from coast to trade practices. But under this legisla-
national negotiating table first. coast. They have written a bill that tion, Congress will get to vote on any
I believe this President, particularly does not protect the environment, and final trade agreement before it would
this fall, has earned our trust and they have written a bill that represents become binding on the United States.
earned our respect, and I urge all of my a dereliction of duty by Congress, an This legislation simply authorizes
colleagues, trust the American worker, abdication of our responsibility to pro- President Bush to negotiate in Amer-
trust the American President; vote yes tect the people we represent on issues ica’s behalf, an authority that Con-
on the rule and the bipartisan Trade from food safety to telecommuni- gress has granted to every President
Promotion Authority. cations. from Nixon to Clinton.
Mr. HASTINGS of Florida. Mr. Mr. Speaker, Democratic leaders on Please vote ‘‘aye’’ on this rule to
Speaker, I yield myself 15 seconds to trade fought valiantly for a bipartisan bring Trade Promotion Authority to
remind the gentleman from Indiana approach that protects American work- the floor, so that we can give President
(Mr. PENCE) that American workers ers. The gentleman from New York Bush and America a chance to cut for-
cannot buy food with trust and cannot (Mr. RANGEL), the ranking member of eign taxes and help American workers
pay mortgages with trust. Certainly the Committee on Ways and Means, and consumers.
none of us distrust the President. I and the gentleman from Michigan (Mr. Mr. HASTINGS of Florida. Mr.
trust the American worker, but the LEVIN), the ranking member on the Speaker, I am pleased to yield 1 minute
American worker has a problem having Subcommittee on Trade, tried over and to my very good friend, the gentleman
jobs under the lack of consultation over to work with Republican leaders, from Oregon (Mr. DEFAZIO).
that we provide here. but their overtures were rejected be- Mr. DEFAZIO. Mr. Speaker, I thank
Mr. Speaker, I yield 3 minutes to the cause Republican leaders wanted a po- the gentleman for yielding me time.
distinguished ranking member, the litical issue, not a bipartisan bill. And Mr. Speaker, Fast Track trade au-
gentleman from Texas (Mr. FROST), a when the gentleman from New York thority is an extraordinary concession
person that has done an outstanding (Mr. RANGEL) and the gentleman from of congressional authority in four crit-
job not only on trade, but on the Com- Michigan (Mr. LEVIN) wrote a Demo- ical areas to regulate and oversee the
H8978 CONGRESSIONAL RECORD — HOUSE December 6, 2001
terms of trade. One vote, 62 pages, no AS) promised us if we bailed out the those trade agreements that are posi-
amendments, 2 hours of debate. airlines, then they would help unem- tive with respect to textiles and agri-
Now, if the United States had a suc- ployed workers. But they never did. culture.
cessful trade policy giving this Presi- Then Republican leadership and the Mr. Speaker, I urge strong support of
dent, or any President, a blank check gentleman from California (Mr. THOM- the rule and I urge support of the un-
to perpetuate and expand NAFTA into AS) promised if we passed the stimulus derlying bill.
the FTAA and enhance the powers of package and gave huge tax cuts to the Mr. HASTINGS of Florida. Mr.
WTO, well, that might make some biggest corporations in America, then Speaker, I am pleased to yield 1 minute
sense. But the current system is failing they would help unemployed workers. to the very thoughtful new Member of
miserably. We are not talking about But they never did. Congress, the gentlewoman from Min-
that here on the floor today, are we? Now the gentleman from California nesota (Ms. MCCOLLUM).
Last year a record $435 billion trade (Mr. THOMAS) and Republican leader- Ms. MCCOLLUM. Mr. Speaker, I rise
deficit, 4.5 percent of our GDP. Many ship are promising us if we vote for today in opposition to the rule. Fast
economists say that is unsustainable. Trade Promotion Authority, then they Track trade authority affects every
1994 to 2000, accelerated job loss due to will help unemployed workers. single American, and they probably do
trade. The current system discrimi- Mr. Speaker, when will we ever not even know it. We import millions
nates against American labor, reduces learn? of tons of food into this country. That
living wages, safe working conditions, Mr. REYNOLDS. Mr. Speaker, I yield is a lot of food. In 1993, 8 percent of im-
eviscerates environmental protections 2 minutes to the gentleman from Geor- ported fruits and vegetables were in-
and consumer protections. But the gen- gia (Mr. CHAMBLISS). spected.
tleman from New York would somehow Mr. CHAMBLISS. Mr. Speaker, I rise b 1300
say it is necessary to compete in the in strong support of this rule and in Since NAFTA, the number is now .7
world economy. support of the underlying bill, but I do percent. That is a 91 percent decrease
President Clinton negotiated 300 sep- so only after a couple of concerns that in the inspections of fruits and vegeta-
arate trade agreements: two under I have had with respect to our trade bles that our children consume every
Fast Track trade authority, 298 with- policy in this country have been ad- day.
out it. And, unlike my colleague from dressed. Those two concerns are trade Minnesota families believe that
the other side who preceded me and issues dealing with agriculture and meats, fruits and vegetables that they
said he opposed this under the last trade issues dealing with the textile in- buy comply with our food standards. In
President but will vote for it now, I am dustry. these trade agreements there are no
going to vote on policy and principle, American agriculture and the Amer- food standards; there are none. We buy
not politics and personalities. It was a ican textile industry have been the strawberries and grapes tainted with
bad idea for President Clinton; it is a whipping boys of previous trade agree- pesticides that are illegal to use in this
bad idea for George Bush. ments. We have been in difficult times country. Congress passes food safety
Mr. REYNOLDS. Mr. Speaker, I yield in agriculture all across this country, standards and the President’s nego-
1 minute to the gentleman from Illi- but I am very satisfied with the lan- tiators trade those standards away be-
nois (Mr. KIRK). guage that has been put into this bill cause, in their eyes, food safety is a
(Mr. KIRK asked and was given per- with respect to American agriculture barrier to free trade.
mission to revise and extend his re- and how our farmers are going to be Mr. Speaker, this rule makes in order
marks.) treated. That language says that the an up or down vote on Fast Track leg-
Mr. KIRK. Mr. Speaker, I rise in House Committee on Agriculture and islation that would forfeit all of the au-
strong support of the rule and Trade the Senate Committee on Agriculture thority of Congress to directly partici-
Promotion Authority. I wish that op- are going to be direct participants in pate in international trade agreements.
ponents of free trade had as much faith the discussions about issues relating to Congress needs careful, deliberate ne-
in our workers as our military. As our agriculture with respect to future gotiations on future agreements, not a
forces fight and win in Afghanistan, op- trade agreements under this Trade Pro- fast track.
ponents of free trade say Americans motion Authority. That is the first Mr. REYNOLDS. Mr. Speaker, I yield
cannot win in business. Americans are step in the right direction that we have 1 minute to the gentleman from New
not losers. We are winners, and we need seen for American agriculture when it Jersey (Mr. FRELINGHUYSEN).
only a chance to compete to win. comes to trade in decades. (Mr. FRELINGHUYSEN asked and
TPA will also lower international im- With respect to the textile industry, was given permission to revise and ex-
port taxes on Americans. As we start again, we have seen jobs moved to the tend his remarks.)
holiday shopping, we pay import taxes south, jobs that cannot be replaced in Mr. FRELINGHUYSEN. Mr. Speaker,
on backpacks, shoes and other clothes the American workplace. We have I rise today in support of the rule and
for the kids. TPA lowers these taxes, never had the issue of textiles ad- of this bill.
and, in sum, will put $1,300 in the pock- dressed in our trade agreements in a Just to give my colleagues an idea of
ets of American families. positive manner, but yesterday at a how driven and dependent our national
If you like paying import taxes to meeting at the White House, the Presi- economy is on international trade, one
other countries, vote against free dent made a personal commitment that need not look any further than my
trade. If you think Americans can com- he is going to be sure that the textile home State of New Jersey. Last year,
pete and win, support Trade Promotion industry does get fair treatment in any New Jersey posted the eighth largest
Authority for our President. negotiated agreements from a trade export total of any State in the Nation
Mr. HASTINGS of Florida. Mr. perspective under this authority that with a total of $28.8 billion being sold
Speaker, I am pleased to yield 1 minute he is asking for. in export merchandise. This is up more
to my very good friend, the gentleman That is all we can ask. If we do not than 38 percent since 1997. Those ex-
from Ohio (Mr. BROWN), the former have that, if we do not have that, ports are shipped globally to 204 coun-
Secretary of State of the State of Ohio. where is the American textile industry tries around the world. Most impor-
Mr. BROWN of Ohio. Mr. Speaker, I going today? It is going to continue to tantly, out of New Jersey’s 4.1 million
thank my friend from Florida for yield- go south, and we do not need that to member workforce, over 600,000 people
ing me time. happen. statewide, from Main Street to For-
Mr. Speaker, 2 months ago Repub- We have had thousands of jobs in my tune 500 companies, are employed be-
lican leadership and the gentleman great State lost, particularly in my cause of exports, imports, and because
from California (Mr. THOMAS) promised district, that have been lost over the of foreign direct investment.
us if we voted for money for New York last 7 to 10 years in the textile indus- Agilent Technologies, a company in
City, then they would help unemployed try. We cannot afford any more of that. my congressional district, recently
workers. They never did. The way we ensure that does not con- wrote me in support of Trade Pro-
Then Republican leadership and the tinue to happen is that we have posi- motion Authority. They said, ‘‘Multi-
gentleman from California (Mr. THOM- tive trade agreements and provisions in lateral trade initiatives important to
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8979
Agilent relating to tariff reductions, e- want to accomplish in the next round I offered an amendment to restore
commerce, biotechnology and inter- of talks. Now we have to move to the the rights of all countries to protect
national standard-setting are now be- next step. We cannot complete that un- public health and ensure access to es-
ginning.’’ less the President has trade negoti- sential medicines, but my amendment
Mr. Speaker, we need to participate. ating authority. We can never com- was not made in order.
We need to support the rule, and we plete the talks, and yet, we are on a I urge my colleagues to vote ‘‘no’’ on
need to support the bill. fast track with this round of talks. No the rule and ‘‘no’’ on the bill.
Mr. HASTINGS of Florida. Mr. organization, no country is going to Mr. REYNOLDS. Mr. Speaker, I re-
Speaker, I am pleased to yield 11⁄2 min- put their best deals on the line if they serve the balance of my time.
utes to the gentleman from Ohio (Mr. think they are going to be changed by Mr. HASTINGS of Florida. Mr.
KUCINICH). the United States Congress. Manage- Speaker, I yield 11⁄2 minutes to the gen-
Mr. KUCINICH. Mr. Speaker, I thank ment and labor do not go into negotia- tleman from New York (Mr. RANGEL),
the gentleman for yielding me this tions and then go back to their board the distinguished ranking member of
time. of directors and their membership to the Committee on Ways and Means.
I rise to oppose this rule and to op- amend the agreement; they submit it Mr. RANGEL. Mr. Speaker, I say to
pose Fast Track. I come from Cleve- to them for a vote. my colleagues that we still have an op-
land, a steel-producing community That is what we are talking about portunity to do what the President
which is fighting valiantly to save 3,200 doing here with Fast Track. It is not would have us to do. Sure, he wants
steelworkers’ jobs and to protect the about whether or not we like the agree- Trade Promotion Authority, but he
benefits of tens of thousands of retir- ment, because we do not have an agree- also wants bipartisanship. I think it is
ees. But Fast Track is a barrier. Fast ment. The opportunity to consider that good for the Congress. I think it is
Track brought us NAFTA. It prohibits will come later. good for the country. All of my col-
amending trade agreements. We could One prominent Democrat from the leagues know that we have not enjoyed
not amend NAFTA chapter 11, which Clinton administration, who would be this within the Committee on Ways
grants corporate investors in all- known to every Member of this body, and Means. That is what the Com-
NAFTA countries the right to chal- just 2 nights ago at a dinner told me mittee on Rules is all about.
lenge any local, State, or Federal regu- that the framework legislation that is The Committee on Rules is the legis-
lations which those corporations say proposed here today goes much further lative traffic cops. They can set us
hurt their profits; and then they are than President Clinton or President straight. They can shatter the wounds
able to get penalty money from the Gore would ever have been able to of partisanship that have been built up.
taxpayers of this country. offer. It goes a long way. It makes the Since the attack on the United
The sovereign authority of all gov- environment and it makes labor rights States of America, we have worked to-
ernments is at stake. Taxpayer dollars principal negotiating objectives to sup- gether, not as Democrats and Repub-
are at stake, even when we stand up for port those. We need to have the con- licans, but as a united Congress. They
our own rights. fidence in our President to get this job can reject this rule and send us back to
A NAFTA case brought by a foreign- done, and we do not compromise our the table. They can tell the Committee
owned steel fabricator company is try- ability to say yes or to say no to any on Ways and Means to have open nego-
ing to overturn. Get this, they are try- agreement that is negotiated. tiations. They can say that the Demo-
ing to overturn ‘‘Buy America’’ laws With the crisis that we face in the
cratic ideas are just as patriotic, just
that require using American steel in world, this is not the time to say that
as sincere, and that we support the war
our President should not be able to
highway projects. NAFTA allows for- against terrorism the same as Repub-
move forward to protect American in-
eign-owned companies to challenge our licans. If they do not do that, if they do
terests abroad, American economic in-
Constitution, our Congress, our right not give us an opportunity to be heard.
terests. Agree to this. Say yes to Trade
to enact American laws. This would What they are saying is, it is our way
Promotion Authority.
have a catastrophic impact on steel Mr. HASTINGS of Florida. Mr. or it is the highway.
workers, causing loss of U.S. jobs. Speaker, I yield 1 minute to the gentle- I do not think it is fair. We have a
American taxpayers are financing the woman from California (Ms. WATERS), stimulation package that we are work-
fight for democracy all over the world, my very good friend. ing on, and we are trying to give the
while our trade laws undermine our de- Ms. WATERS. Mr. Speaker, I thank President what he wants in order to
mocracy here at home. the gentleman from Florida for yield- spur the economy. We are not supposed
Vote against this rule and vote ing me this time. to do it as Republicans and Democrats;
against Fast Track. Protect democ- I rise to oppose this rule and this bill. we are supposed to come together as
racy. Protect American jobs. H.R. 3005 supports the expansion of responsible Members of Congress.
Mr. REYNOLDS. Mr. Speaker, I yield trade rules that allow pharmaceutical So I ask my colleagues to vote
2 minutes to the gentleman from Ari- companies to challenge countries that against this rule. It is not well thought
zona (Mr. KOLBE). distribute essential medicines to peo- out. It should not be just one-sided.
(Mr. KOLBE asked and was given per- ple who desperately need them. This Give us an opportunity to work to-
mission to revise and extend his re- bill would make it more difficult for gether and to bring a product to our
marks.) developing countries to make HIV– colleagues; and if we cannot do it, then
Mr. KOLBE. Mr. Speaker, I rise in AIDS medicines available to people at the very least, let there be an alter-
strong support of this rule for Fast with AIDS. Twenty-five million people native for Members to vote for.
Track consideration of Trade Pro- are living with AIDS in Africa. Our Mr. REYNOLDS. Mr. Speaker, I yield
motion Authority. Mr. Speaker, this is trade policy should not cost them their 2 minutes to the gentleman from Geor-
not about citrus, it is not about steel, lives. gia (Mr. LINDER), a member of the
it is not about food inspection or any This bill would also make it more Committee on Rules.
other product or any other service. It difficult for the United States to re- (Mr. LINDER asked and was given
is about whether or not we believe we spond to bioterrorist attacks. When the permission to revise and extend his re-
should have enough confidence in the United States needed to acquire a large marks.)
President of the United States to go on supply of the antibiotic Cipro to re- Mr. LINDER. Mr. Speaker, I have a
the world stage with other negotiators spond to the recent anthrax attacks, whole raft of information from my
to implement the trade agenda that we knew that the health of the Amer- staff talking about the benefits of
was launched at Doha. ican people was more important than trade and the economy, on jobs; and I
Now, in Doha where they set the the profits of pharmaceutical compa- will submit that for the RECORD. But
agenda for the next round of talks, we nies. We had to get tough. The WTO let me just raise a confusing question.
got a set of negotiating issues that was could have ruled against us. Our trade Why in the world does this House want
extraordinarily favorable for the policies should preserve our ability to to take itself out of the picture?
United States. It is everything that we respond to bioterrorist attacks in the Absent TPA, we have no voice. The
could hope for in terms of what we future. President negotiates with any nation
H8980 CONGRESSIONAL RECORD — HOUSE December 6, 2001
in the world a trade agreement and pass trade promotion authority. TPA requires jobs as a result of September 11. In-
brings it to the Senate as a treaty for a collaborative partnership between Congress creased foreign trade automatically
their approval or disapproval, amend- and the President, and both must actively par- means a loss in good blue collar jobs
ment or no amendment. If it is amend- ticipate in order to properly frame treaty nego- which means our constituents’ jobs
ed, it goes back to the other nation, tiations. In fact, TPA statutorily requires that will be on the line today.
and they have to negotiate a second the President engage in frequent and sub- The House of Representatives has a
time. I would not blame any executive stantive consultations with Congress before, spotty record in protecting displaced
of another nation to not want to deal during, and throughout negotiations on a free workers, especially from the textile,
with us, to have to go through two ne- trade agreement. These consultations allow agriculture, and auto industries as a
gotiations. Congress to make clear its priorities and con- result of NAFTA; and that is why I op-
This House claims to be concerned cerns, and the President then incorporates pose both the rule and the bill.
about such things as labor and environ- such mandates into negotiations. In return, Mr. HASTINGS of Florida. Mr.
ment and human rights. Failing to pass Congress commits to an up or down vote on Speaker, I yield myself the remaining
TPA takes us out of the picture. We the treaty without amendments. While some time.
are silent. We have no voice. members will argue that our opportunity for Mr. Speaker, I keep hearing my col-
Under TPA, the President can go to debate is stifled because of our inability to leagues talk about, come back and
any nation, negotiate any agreement, offer amendment, it is worth noting that with- have an up or down vote. What part of
and bring it back to the House and the out TPA members of the House of Represent- procedural versus substantive con-
Senate for an up or down vote. If we do atives could neither vote on nor offer amend- sultation do they not understand? As a
not like the agreement, we can vote it matter of fact, what part of ‘‘deficit’’
ments to the treaty at all.
down. If we do not like the lack of con- Clearly, TPA is justified, it is responsible, do they not understand as it pertains
sultation, defeat it. But at least keep and it is needed—and the time for TPA is to our trade policy? We have not had
us in the game. Absent TPA, this now. Tariffs in the United States are among time, because they did not give us
House is silent. the lowest in the world. However, we face se- time; and last night I asked for an ad-
Mr. Speaker, I do not understand how ditional 2 hours and was denied that
vere restrictions when we ship our goods
we are going to shape any future agree- time. We have not had time to talk
overseas. In fact, while the average U.S. tariff
ment, have any consultative effect, if about the fact that antitrust laws are
is 4.8 percent, American goods are subject to
the President just chooses to go to going to change without any consulta-
tariffs of 11 percent in Chile, 13.5 percent in
treaties and deals with the Senate. We tion and without any input from Mem-
Argentina, 14.6 percent in Brazil, and a stag-
need to get in the ballgame. We have bers of this body.
gering 45.6 percent in Thailand.
the lowest tariffs in the world. Reach-
To give you one example of the anti-com- b 1315
ing trade agreements with other na-
petitiveness of foreign tariffs, we can look at a We have not had time to talk about
tions simply serves to lower their tar-
Caterpillar tractor. If that tractor is made in the the sovereignty issues, and I hope the
iffs and open markets for our compa-
U.S. and it shipped to Chile, it faces nearly gentleman from New York (Mr. RAN-
nies to sell into the global economy.
$15,000 in tariffs and duties. If that tractor is GEL) and his committee can get to that
We need to be in the global economy,
made in Canada and is then shipped to Chile, issue because it is critical.
where 95 percent of the citizens of the
the tariff and duties are zero. Clearly, reducing It is clear from this bill, the under-
world live, not here. I cannot under-
foreign tariffs is critical to ensuring that com- lying bill, that foreign investors have
stand why some would want to take us
out of the picture. panies continue to build their factories in the an advantage over domestic persons in
Mr. Speaker, the only voice the U.S. And TPA is the greatest tool at our dis- the United States, and the tribunals
House has on any trade agreement is if posal for leveling the playing field to provide are held in secret. As a former judge, I
we pass authority for the President to U.S. businesses access to the world’s popu- cannot abide that. I must have my col-
reach agreements and bring them back lations. leagues understand that it would be in-
to us for up or down votes. I cannot I urge my colleagues to join me in voting for appropriate to take American property
imagine why anyone would oppose this. the rule and H.R. 3005. This bill will help in a secret forum, and that is what this
Mr. Speaker, I rise in support of the rule. American regain its competitiveness, enabling measure permits. It does not permit
Today we have a tremendous opportunity to the rebirth of prosperity and economic secu- that the United States Trade Rep-
stimulate the economy, secure jobs, uplift the rity. resentative come before us.
poor, improve wages, and prove our global Mr. HASTINGS of Florida. Mr. I ask my colleagues, please, vote
competitiveness. With a single vote, we can Speaker, I yield 1 minute to the gen- against this rule and vote against the
change the course of millions of lives. tleman from Houston, Texas (Mr. underlying bill.
America produces many of the highest qual- GREEN), my very good friend. Mr. REYNOLDS. Mr. Speaker, I yield
ity services, the most bountiful crops, and the Mr. GREEN of Texas. Mr. Speaker, I myself the balance of my time.
most advanced technologies in the world. rise in opposition to both the rule and Mr. Speaker, I have heard today we
Today, we have the opportunity to ensure that H.R. 3005, the legislation granting the should continue debating the bill, stall,
all of these are shared with foreign nations. President Fast Track Authority. or put it off; what is fair, unfair; water
Trade is also vital to our own national well- This is not the time to allow more it down, pick it apart, and confuse the
being and our economic recovery. Nationwide, countries greater access to our domes- facts.
one in ten American jobs depends on exports. tic markets. We need much tighter Mr. Speaker, the world is not waiting
These jobs are in a range of industries and controls at our borders, and we need to while the United States putters along.
service fields, and yet the one consistency let the global economy recover before Trade Promotion Authority offers the
among them is that they pay more than jobs we even begin considering opening our best chance for the United States to re-
in non-trading industries. According to the De- doors to even further trade expansion. claim its leadership in opening foreign
partment of Commerce, trade-oriented indus- Foreign countries experiencing an markets, expanding global economic
tries pay one-third more—approximately economic slowdown always view the opportunities for American producers
$15,000 more per employee—than non-trading United States as a place to dump their and workers, and developing the vir-
industries. excess goods. Japan, Russia, and South tues of democracy around the world.
Recent studies have further shown that if American countries have devastated The prosperity and integrity of glob-
global trade barriers were cut by one-third, the our domestic steel industry through al democracies is at stake, and it is in-
world economy would increase by more than dumping. This illegal trade practice cumbent upon us to pull into the fast
$600 billion a year. Eliminating trade barriers eliminates the thousands of high-pay- lane in order to reap the benefits of fair
altogether would increase the global economy ing American jobs tied directly to the trade.
by nearly $2 trillion. The infusion of this much steel industry and the thousands who What we ask today is nothing new.
capital into the world market would serve as support it. Until its expiration in 1994, every
an engine of economic growth and improve In addition, the House of Representa- President from Richard Nixon through
the standard of living for all Americans. tives has done nothing to help the Bill Clinton has enjoyed the right of
Given the significance of trade to our eco- thousands of displaced travel, tourism, Trade Promotion Authority. This
nomic future, it is imperative that Congress and hospitality workers who lost their President deserves that same right.
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8981
I strongly urge my colleagues to do Smith (MI) Terry Wamp A motion to reconsider was laid on
Smith (NJ) Thomas Watkins (OK)
the right thing for America: Support Smith (TX) Thornberry Watts (OK)
the table.
this rule and the underlying legisla- Souder Thune Weldon (FL) Stated against:
tion. Stearns Tiahrt Weldon (PA) Mr. ROEMER. Mr. Speaker, on rollcall No.
Mr. Speaker, I yield back the balance Stump Tiberi Weller 479, the rule on Trade Promotion Authority, I
Sununu Toomey Whitfield
of my time, and I move the previous Sweeney Traficant Wicker
was detained on the Senate side attending an
question on the resolution. Tancredo Upton Wilson education event. As a conferee on the ele-
The previous question was ordered. Tanner Vitter Wolf mentary Secondary Education Act, I was par-
Tauzin Walden Young (FL) ticipating in a public forum advocating full
The SPEAKER pro tempore (Mr. Taylor (NC) Walsh
SIMPSON). The question is on the reso- funding for children with disabilities. Had I
lution. NAYS—202 been present, I would have voted ‘‘nay.’’
The question was taken; and the Abercrombie Hall (TX) Murtha Mr. THOMAS. Mr. Speaker, pursuant
Speaker pro tempore announced that
Ackerman Harman Nadler to House Resolution 306, I call up the
Allen Hastings (FL) Napolitano bill (H.R. 3005) to extend trade authori-
the ayes appeared to have it. Baca Hill Neal
Mr. HASTINGS of Florida. Mr. Baird Hilliard Oberstar ties procedures with respect to recip-
Speaker, I object to the vote on the Baldacci Hinchey Obey rocal trade agreements, and ask for its
ground that a quorum is not present
Baldwin Hinojosa Olver immediate consideration.
Barcia Hoeffel Owens The Clerk read the title of the bill.
and make the point of order that a Barrett Holden Pallone
quorum is not present. Becerra Holt Pascrell b 1345
Bentsen Honda Pastor
The SPEAKER pro tempore. Evi- Berkley Hooley Payne The SPEAKER pro tempore (Mr.
dently a quorum is not present. Berman Hoyer Pelosi LAHOOD). Pursuant to House Resolu-
The Sergeant at Arms will notify ab- Berry Inslee Peterson (MN) tion 306, the bill is considered read for
Bishop Israel Phelps
sent Members. Blagojevich Jackson (IL) Pomeroy
amendment.
The vote was taken by electronic de- Blumenauer Jackson-Lee Price (NC) The text of H.R. 3005 is as follows:
vice, and there were—yeas 224, nays Bonior (TX) Rahall H.R. 3005
202, not voting 7, as follows: Borski John Rangel Be it enacted by the Senate and House of Rep-
Boswell Johnson, E. B. Reyes
[Roll No. 479] resentatives of the United States of America in
Boucher Jones (OH) Rivers
Boyd Kanjorski Rodriguez Congress assembled,
YEAS—224
Brady (PA) Kaptur Ross SECTION 1. SHORT TITLE AND FINDINGS.
Aderholt Flake Linder Brown (FL) Kennedy (RI) Rothman (a) SHORT TITLE.—This Act may be cited as
Akin Fletcher LoBiondo Brown (OH) Kildee Roybal-Allard the ‘‘Bipartisan Trade Promotion Authority
Armey Foley Lucas (OK) Capps Kilpatrick Rush
Bachus Forbes Manzullo Act of 2001’’.
Capuano Kind (WI) Sabo (b) FINDINGS.—The Congress makes the fol-
Baker Fossella McCrery Cardin Kleczka Sanchez
Ballenger Frelinghuysen McHugh lowing findings:
Carson (IN) Kucinich Sanders
Barr Gallegly McInnis Clay LaFalce Sandlin
(1) The expansion of international trade is
Bartlett Ganske McKeon Clayton Lampson Sawyer vital to the national security of the United
Barton Gekas Mica Clement Langevin Schakowsky States. Trade is critical to the economic
Bass Gibbons Miller, Dan Clyburn Lantos Schiff growth and strength of the United States
Bereuter Gilchrest Miller, Gary
Biggert Gillmor Miller, Jeff
Condit Larsen (WA) Scott and to its leadership in the world. Stable
Conyers Larson (CT) Serrano trading relationships promote security and
Bilirakis Gilman Moran (KS) Costello Lee Sherman
Blunt Goode Morella prosperity. Trade agreements today serve
Coyne Levin Shows
Boehlert Goodlatte Myrick Cramer Lewis (GA) Skelton
the same purposes that security pacts played
Boehner Goss Nethercutt Crowley Lipinski Slaughter during the Cold War, binding nations to-
Bonilla Graham Ney Cummings Lofgren Smith (WA) gether through a series of mutual rights and
Bono Granger Northup Davis (CA) Lowey Snyder obligations. Leadership by the United States
Boozman Graves Norwood
Brady (TX) Green (WI) Nussle
Davis (FL) Lucas (KY) Solis in international trade fosters open markets,
Davis (IL) Luther Spratt democracy, and peace throughout the world.
Brown (SC) Greenwood Ortiz DeFazio Lynch Stark
Bryant Grucci Osborne (2) The national security of the United
DeGette Maloney (CT) Stenholm
Burr Gutknecht Ose Delahunt Maloney (NY) Strickland
States depends on its economic security,
Burton Hansen Otter DeLauro Markey Stupak which in turn is founded upon a vibrant and
Buyer Hart Oxley Deutsch Mascara Tauscher growing industrial base. Trade expansion has
Callahan Hastings (WA) Paul Dingell Matheson Taylor (MS) been the engine of economic growth. Trade
Calvert Hayes Pence
Camp Hayworth Peterson (PA)
Doggett Matsui Thompson (CA) agreements maximize opportunities for the
Doyle McCarthy (MO) Thompson (MS) critical sectors and building blocks of the
Cannon Hefley Petri Edwards McCarthy (NY) Thurman
Cantor Herger Pickering economy of the United States, such as infor-
Engel McCollum Tierney
Capito Hilleary Pitts Eshoo McDermott Towns
mation technology, telecommunications and
Carson (OK) Hobson Platts Etheridge McGovern Turner other leading technologies, basic industries,
Castle Hoekstra Pombo Evans McIntyre Udall (CO) capital equipment, medical equipment, serv-
Chabot Horn Portman Farr McKinney Udall (NM) ices, agriculture, environmental technology,
Chambliss Houghton Pryce (OH)
Coble Hulshof Putnam
Fattah McNulty Velazquez and intellectual property. Trade will create
Filner Meehan Visclosky new opportunities for the United States and
Collins Hunter Radanovich Ford Meeks (NY) Waters
Combest Hyde Ramstad preserve the unparalleled strength of the
Frank Menendez Watson (CA)
Cooksey Isakson Regula Frost Millender- Watt (NC)
United States in economic, political, and
Cox Issa Rehberg Gephardt McDonald Waxman military affairs. The United States, secured
Crane Istook Reynolds Gonzalez Miller, George Weiner by expanding trade and economic opportuni-
Crenshaw Jefferson Riley Gordon Mink Wexler ties, will meet the challenges of the twenty-
Cubin Jenkins Rogers (KY)
Culberson Johnson (CT) Rogers (MI)
Green (TX) Mollohan Woolsey first century.
Gutierrez Moore Wu SEC. 2. TRADE NEGOTIATING OBJECTIVES.
Cunningham Johnson (IL) Rohrabacher Hall (OH) Moran (VA) Wynn
Davis, Jo Ann Johnson, Sam Ros-Lehtinen (a) OVERALL TRADE NEGOTIATING OBJEC-
Davis, Tom Jones (NC) Royce NOT VOTING—7 TIVES.—The overall trade negotiating objec-
Deal Keller Ryan (WI) tives of the United States for agreements
Andrews Quinn Young (AK)
DeLay Kelly Ryun (KS) subject to the provisions of section 3 are—
Hostettler Roemer
DeMint Kennedy (MN) Saxton (1) to obtain more open, equitable, and re-
Meek (FL) Roukema
Diaz-Balart Kerns Schaffer
ciprocal market access;
Dicks King (NY) Schrock b 1342 (2) to obtain the reduction or elimination
Dooley Kingston Sensenbrenner
Doolittle Kirk Sessions Messrs. LUCAS of Kentucky, of barriers and distortions that are directly
Dreier Knollenberg Shadegg GUTIERREZ and EVANS changed related to trade and that decrease market
Duncan Kolbe Shaw opportunities for United States exports or
Dunn LaHood Shays their vote from ‘‘yea’’ to ‘‘nay.’’
otherwise distort United States trade;
Ehlers Largent Sherwood Mr. SMITH of New Jersey changed
(3) to further strengthen the system of
Ehrlich Latham Shimkus his vote from ‘‘nay’’ to ‘‘yea.’’ international trading disciplines and proce-
Emerson LaTourette Shuster So the resolution was agreed to.
English Leach Simmons dures, including dispute settlement;
Everett Lewis (CA) Simpson The result of the vote was announced (4) to foster economic growth, raise living
Ferguson Lewis (KY) Skeen as above recorded. standards, and promote full employment in
H8982 CONGRESSIONAL RECORD — HOUSE December 6, 2001
the United States and to enhance the global (II) ensuring that the provisions of any reference pricing which deny full market ac-
economy; multilateral or bilateral trade agreement cess for United States products.
(5) to ensure that trade and environmental governing intellectual property rights that (8) ELECTRONIC COMMERCE.—The principal
policies are mutually supportive and to seek is entered into by the United States reflect a negotiating objectives of the United States
to protect and preserve the environment and standard of protection similar to that found with respect to electronic commerce are—
enhance the international means of doing so, in United States law; (A) to ensure that current obligations,
while optimizing the use of the world’s re- (ii) providing strong protection for new and rules, disciplines, and commitments under
sources; and emerging technologies and new methods of the World Trade Organization apply to elec-
(6) to promote respect for worker rights transmitting and distributing products em- tronic commerce;
and the rights of children consistent with bodying intellectual property; (B) to ensure that—
core labor standards of the International (iii) preventing or eliminating discrimina- (i) electronically delivered goods and serv-
Labor Organization (as defined in section tion with respect to matters affecting the ices receive no less favorable treatment
9(2)) and an understanding of the relation- availability, acquisition, scope, mainte-
under trade rules and commitments than
ship between trade and worker rights. nance, use, and enforcement of intellectual
(b) PRINCIPAL TRADE NEGOTIATING OBJEC- like products delivered in physical form; and
property rights;
TIVES.—
(ii) the classification of such goods and
(iv) ensuring that standards of protection
(1) TRADE BARRIERS AND DISTORTIONS.—The and enforcement keep pace with techno- services ensures the most liberal trade treat-
principal negotiating objectives of the logical developments, and in particular en- ment possible;
United States regarding trade barriers and suring that rightholders have the legal and (C) to ensure that governments refrain
other trade distortions are— technological means to control the use of from implementing trade-related measures
(A) to expand competitive market opportu- their works through the Internet and other that impede electronic commerce;
nities for United States exports and to ob- global communication media, and to prevent (D) where legitimate policy objectives re-
tain fairer and more open conditions of trade the unauthorized use of their works; and quire domestic regulations that affect elec-
by reducing or eliminating tariff and non- (v) providing strong enforcement of intel- tronic commerce, to obtain commitments
tariff barriers and policies and practices of lectual property rights, including through that any such regulations are the least re-
foreign governments directly related to accessible, expeditious, and effective civil, strictive on trade, nondiscriminatory, and
trade that decrease market opportunities for administrative, and criminal enforcement transparent, and promote an open market
United States exports or otherwise distort mechanisms; and environment; and
United States trade; and (B) to secure fair, equitable, and non- (E) to extend the moratorium of the World
(B) to obtain reciprocal tariff and nontariff discriminatory market access opportunities Trade Organization on duties on electronic
barrier elimination agreements, with par- for United States persons that rely upon in- transmissions.
ticular attention to those tariff categories tellectual property protection. (9) RECIPROCAL TRADE IN AGRICULTURE.—(A)
covered in section 111(b) of the Uruguay (5) TRANSPARENCY.—The principal negoti- The principal negotiating objective of the
Round Agreements Act (19 U.S.C. 3521(b)). ating objective of the United States with re- United States with respect to agriculture is
(2) TRADE IN SERVICES.—The principal ne- spect to transparency is to obtain wider and to obtain competitive opportunities for
gotiating objective of the United States re- broader application of the principle of trans- United States exports of agricultural com-
garding trade in services is to reduce or parency through— modities in foreign markets substantially
eliminate barriers to international trade in (A) increased and more timely public ac- equivalent to the competitive opportunities
services, including regulatory and other bar- cess to information regarding trade issues afforded foreign exports in United States
riers that deny national treatment and mar- and the activities of international trade in- markets and to achieve fairer and more open
ket access or unreasonably restrict the es- stitutions; conditions of trade in bulk, specialty crop,
tablishment or operations of service sup- (B) increased openness at the WTO and and value-added commodities by—
pliers. other international trade fora by increasing (i) reducing or eliminating, by a date cer-
(3) FOREIGN INVESTMENT.—The principal ne- public access to appropriate meetings, pro- tain, tariffs or other charges that decrease
gotiating objective of the United States re- ceedings, and submissions, including with re- market opportunities for United States ex-
garding foreign investment is to reduce or gard to dispute settlement and investment; ports—
eliminate artificial or trade-distorting bar- and (I) giving priority to those products that
riers to trade-related foreign investment (C) increased and more timely public ac- are subject to significantly higher tariffs or
by— cess to all notifications and supporting docu- subsidy regimes of major producing coun-
(A) reducing or eliminating exceptions to mentation submitted by parties to the WTO. tries; and
the principle of national treatment; (6) IMPROVEMENT OF THE WTO AND MULTI- (II) providing reasonable adjustment peri-
(B) freeing the transfer of funds relating to LATERAL TRADE AGREEMENTS.—The principal
ods for United States import-sensitive prod-
investments; negotiating objectives of the United States
(C) reducing or eliminating performance ucts, in close consultation with the Congress
regarding the improvement of the World
requirements, forced technology transfers, on such products before initiating tariff re-
Trade Organization, the Uruguay Round
and other unreasonable barriers to the estab- duction negotiations;
Agreements, and other multilateral and bi-
lishment and operation of investments; (ii) reducing tariffs to levels that are the
lateral trade agreements are—
(D) seeking to establish standards for ex- (A) to achieve full implementation and ex- same as or lower than those in the United
propriation and compensation for expropria- tend the coverage of the World Trade Organi- States;
tion, consistent with United States legal zation and such agreements to products, sec- (iii) reducing or eliminating subsidies that
principles and practice; tors, and conditions of trade not adequately decrease market opportunities for United
(E) providing meaningful procedures for re- covered; and States exports or unfairly distort agriculture
solving investment disputes; and (B) to expand country participation in and markets to the detriment of the United
(F) seeking to improve mechanisms used to enhancement of the Information Technology States;
resolve disputes between an investor and a Agreement and other trade agreements. (iv) allowing the preservation of programs
government through— (7) REGULATORY PRACTICES.—The principal that support family farms and rural commu-
(i) mechanisms to eliminate frivolous negotiating objectives of the United States nities but do not distort trade;
claims; regarding the use of government regulation (v) developing disciplines for domestic sup-
(ii) procedures to ensure the efficient selec- or other practices by foreign governments to port programs, so that production that is in
tion of arbitrators and the expeditious dis- provide a competitive advantage to their do- excess of domestic food security needs is sold
position of claims; and mestic producers, service providers, or inves- at world prices;
(iii) procedures to increase transparency in tors and thereby reduce market access for (vi) eliminating Government policies that
investment disputes. United States goods, services, and invest- create price-depressing surpluses;
(4) INTELLECTUAL PROPERTY.—The principal ments are— (vii) eliminating state trading enterprises
negotiating objectives of the United States (A) to achieve increased transparency and whenever possible;
regarding trade-related intellectual property opportunity for the participation of affected (viii) developing, strengthening, and clari-
are— parties in the development of regulations; fying rules and effective dispute settlement
(A) to further promote adequate and effec- (B) to require that proposed regulations be mechanisms to eliminate practices that un-
tive protection of intellectual property based on sound science, cost-benefit analysis, fairly decrease United States market access
rights, including through— risk assessment, or other objective evidence; opportunities or distort agricultural mar-
(i)(I) ensuring accelerated and full imple- (C) to establish consultative mechanisms kets to the detriment of the United States,
mentation of the Agreement on Trade-Re- among parties to trade agreements to pro- particularly with respect to import-sensitive
lated Aspects of Intellectual Property Rights mote increased transparency in developing products, including—
referred to in section 101(d)(15) of the Uru- guidelines, rules, regulations, and laws for (I) unfair or trade-distorting activities of
guay Round Agreements Act (19 U.S.C. government procurement and other regu- state trading enterprises and other adminis-
3511(d)(15)), particularly with respect to latory regimes; and trative mechanisms, with emphasis on re-
meeting enforcement obligations under that (D) to achieve the elimination of govern- quiring price transparency in the operation
agreement; and ment measures such as price controls and of state trading enterprises and such other
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8983
mechanisms in order to end cross subsidiza- (A) to ensure that a party to a trade agree- (12) WTO EXTENDED NEGOTIATIONS.—The
tion, price discrimination, and price under- ment with the United States does not fail to principal negotiating objectives of the
cutting; effectively enforce its environmental or United States regarding trade in civil air-
(II) unjustified trade restrictions or com- labor laws, through a sustained or recurring craft are those set forth in section 135(c) of
mercial requirements, such as labeling, that course of action or inaction, in a manner af- the Uruguay Round Agreements Act (19
affect new technologies, including bio- fecting trade between the United States and U.S.C. 3355(c)) and regarding rules of origin
technology; that party after entry into force of a trade are the conclusion of an agreement described
(III) unjustified sanitary or phytosanitary agreement between those countries; in section 132 of that Act (19 U.S.C. 3552).
restrictions, including those not based on (B) to recognize that parties to a trade (c) PROMOTION OF CERTAIN PRIORITIES.—In
scientific principles in contravention of the agreement retain the right to exercise dis- order to address and maintain United States
Uruguay Round Agreements; cretion with respect to investigatory, pros- competitiveness in the global economy, the
(IV) other unjustified technical barriers to ecutorial, regulatory, and compliance mat- President shall—
trade; and ters and to make decisions regarding the al- (1) seek greater cooperation between the
location of resources to enforcement with re- WTO and the ILO;
(V) restrictive rules in the administration
spect to other labor or environmental mat- (2) seek to establish consultative mecha-
of tariff rate quotas;
ters determined to have higher priorities, nisms among parties to trade agreements to
(ix) eliminating practices that adversely
and to recognize that a country is effectively strengthen the capacity of United States
affect trade in perishable or cyclical prod-
enforcing its laws if a course of action or in- trading partners to promote respect for core
ucts, while improving import relief mecha-
action reflects a reasonable exercise of such labor standards (as defined in section 9(2)),
nisms to recognize the unique characteris- and report to the Committee on Ways and
discretion, or results from a bona fide deci-
tics of perishable and cyclical agriculture; Means of the House of Representatives and
sion regarding the allocation of resources;
(x) ensuring that the use of import relief the Committee on Finance of the Senate on
(C) to strengthen the capacity of United
mechanisms for perishable and cyclical agri- the content and operation of such mecha-
States trading partners to promote respect
culture are as accessible and timely to grow- nisms;
for core labor standards (as defined in sec-
ers in the United States as those mecha- (3) seek to establish consultative mecha-
tion 9(2));
nisms that are used by other countries; nisms among parties to trade agreements to
(D) to strengthen the capacity of United
(xi) taking into account whether a party to States trading partners to protect the envi- strengthen the capacity of United States
the negotiations has failed to adhere to the ronment through the promotion of sustain- trading partners to develop and implement
provisions of already existing trade agree- able development; standards for the protection of the environ-
ments with the United States or has cir- (E) to reduce or eliminate government ment and human health based on sound
cumvented obligations under those agree- practices or policies that unduly threaten science, and report to the Committee on
ments; sustainable development; Ways and Means of the House of Representa-
(xii) taking into account whether a prod- (F) to seek market access, through the tives and the Committee on Finance of the
uct is subject to market distortions by rea- elimination of tariffs and nontariff barriers, Senate on the content and operation of such
son of a failure of a major producing country for United States environmental tech- mechanisms;
to adhere to the provisions of already exist- nologies, goods, and services; and (4) conduct environmental reviews of fu-
ing trade agreements with the United States (G) to ensure that labor, environmental, ture trade and investment agreements, con-
or by the circumvention by that country of health, or safety policies and practices of the sistent with Executive Order 13141 of Novem-
its obligations under those agreements; parties to trade agreements with the United ber 16, 1999 and its relevant guidelines, and
(xiii) otherwise ensuring that countries States do not arbitrarily or unjustifiably dis- report to the Committee on Ways and Means
that accede to the World Trade Organization criminate against United States exports or of the House of Representatives and the
have made meaningful market liberalization serve as disguised barriers to trade. Committee on Finance of the Senate on such
commitments in agriculture; (11) DISPUTE SETTLEMENT AND ENFORCE- reviews;
(xiv) taking into account the impact that MENT.—The principal negotiating objectives (5) review the impact of future trade agree-
agreements covering agriculture to which of the United States with respect to dispute ments on United States employment, mod-
the United States is a party, including the settlement and enforcement of trade agree- eled after Executive Order 13141, and report
North American Free Trade Agreement, have ments are— to the Committee on Ways and Means of the
on the United States agricultural industry; (A) to seek provisions in trade agreements House of Representatives and the Committee
and providing for resolution of disputes between on Finance of the Senate on such review;
(xv) maintaining bona fide food assistance governments under those trade agreements (6) take into account other legitimate
programs and preserving United States mar- in an effective, timely, transparent, equi- United States domestic objectives including,
ket development and export credit programs. table, and reasoned manner, requiring deter- but not limited to, the protection of legiti-
(B)(i) Before commencing negotiations minations based on facts and the principles mate health or safety, essential security,
with respect to agriculture, the United of the agreements, with the goal of increas- and consumer interests and the law and reg-
States Trade Representative, in consultation ing compliance with the agreements; ulations related thereto;
with the Congress, shall seek to develop a (B) to seek to strengthen the capacity of (7) have the Secretary of Labor consult
position on the treatment of seasonal and the Trade Policy Review Mechanism of the with any country seeking a trade agreement
perishable agricultural products to be em- World Trade Organization to review compli- with the United States concerning that
ployed in the negotiations in order to de- ance with commitments; country’s labor laws and provide technical
velop an international consensus on the (C) to seek provisions encouraging the assistance to that country if needed;
treatment of seasonal or perishable agricul- early identification and settlement of dis- (8) with respect to any trade agreement
tural products in investigations relating to putes through consultation; which the President seeks to implement
dumping and safeguards and in any other rel- (D) to seek provisions to encourage the under trade authorities procedures, submit
evant area. provision of trade-expanding compensation if to the Congress a report describing the ex-
(ii) During any negotiations on agricul- a party to a dispute under the agreement tent to which the country or countries that
tural subsidies, the United States Trade Rep- does not come into compliance with its obli- are parties to the agreement have in effect
resentative shall seek to establish the com- gations under the agreement; laws governing exploitative child labor;
mon base year for calculating the Aggre- (E) to seek provisions to impose a penalty (9) preserve the ability of the United
gated Measurement of Support (as defined in upon a party to a dispute under the agree- States to enforce rigorously its trade laws,
the Agreement on Agriculture) as the end of ment that— including the antidumping and counter-
each country’s Uruguay Round implementa- (i) encourages compliance with the obliga- vailing duty laws, and avoid agreements
tion period, as reported in each country’s tions of the agreement; which lessen the effectiveness of domestic
Uruguay Round market access schedule. (ii) is appropriate to the parties, nature, and international disciplines on unfair trade,
(iii) The negotiating objective provided in subject matter, and scope of the violation; especially dumping and subsidies, in order to
subparagraph (A) applies with respect to ag- and ensure that United States workers, agricul-
ricultural matters to be addressed in any (iii) has the aim of not adversely affecting tural producers, and firms can compete fully
trade agreement entered into under section parties or interests not party to the dispute on fair terms and enjoy the benefits of recip-
3(a) or (b), including any trade agreement en- while maintaining the effectiveness of the rocal trade concessions;
tered into under section 3(a) or (b) that pro- enforcement mechanism; and (10) continue to promote consideration of
vides for accession to a trade agreement to (F) to seek provisions that treat United multilateral environmental agreements and
which the United States is already a party, States principal negotiating objectives consult with parties to such agreements re-
such as the North American Free Trade equally with respect to— garding the consistency of any such agree-
Agreement and the United States-Canada (i) the ability to resort to dispute settle- ment that includes trade measures with ex-
Free Trade Agreement. ment under the applicable agreement; isting environmental exceptions under Arti-
(10) LABOR AND THE ENVIRONMENT.—The (ii) the availability of equivalent dispute cle XX of the GATT 1994; and
principal negotiating objectives of the settlement procedures; and (11) report to the Committee on Ways and
United States with respect to labor and the (iii) the availability of equivalent rem- Means of the House of Representatives and
environment are— edies. the Committee on Finance of the Senate, not
H8984 CONGRESSIONAL RECORD — HOUSE December 6, 2001
later than 12 months after the imposition of (2) LIMITATIONS.—No proclamation may be (ii) the imposition of any such barrier or
a penalty or remedy by the United States made under paragraph (1) that— distortion is likely to result in such a bur-
permitted by a trade agreement to which (A) reduces any rate of duty (other than a den, restriction, or effect;
this Act applies, on the effectiveness of the rate of duty that does not exceed 5 percent and that the purposes, policies, priorities,
penalty or remedy applied under United ad valorem on the date of the enactment of and objectives of this Act will be promoted
States law in enforcing United States rights this Act) to a rate of duty which is less than thereby, the President may enter into a
under the trade agreement. 50 percent of the rate of such duty that ap- trade agreement described in subparagraph
The report under paragraph (11) shall address plies on such date of enactment; or (B) during the period described in subpara-
whether the penalty or remedy was effective (B) increases any rate of duty above the graph (C).
in changing the behavior of the targeted rate that applied on the date of the enact- (B) The President may enter into a trade
party and whether the penalty or remedy ment of this Act. agreement under subparagraph (A) with for-
had any adverse impact on parties or inter- (3) AGGREGATE REDUCTION; EXEMPTION FROM eign countries providing for—
ests not party to the dispute. STAGING.— (i) the reduction or elimination of a duty,
(d) CONSULTATIONS.— (A) AGGREGATE REDUCTION.—Except as pro- restriction, barrier, or other distortion de-
(1) CONSULTATIONS WITH CONGRESSIONAL AD- vided in subparagraph (B), the aggregate re- scribed in subparagraph (A), or
VISERS.—In the course of negotiations con- duction in the rate of duty on any article (ii) the prohibition of, or limitation on the
ducted under this Act, the United States which is in effect on any day pursuant to a imposition of, such barrier or other distor-
Trade Representative shall consult closely trade agreement entered into under para- tion.
and on a timely basis with, and keep fully graph (1) shall not exceed the aggregate re- (C) The President may enter into a trade
apprised of the negotiations, the Congres- duction which would have been in effect on agreement under this paragraph before—
sional Oversight Group convened under sec- such day if— (i) June 1, 2005; or
tion 7 and all committees of the House of (i) a reduction of 3 percent ad valorem or a (ii) June 1, 2007, if trade authorities proce-
Representatives and the Senate with juris- reduction of one-tenth of the total reduction, dures are extended under subsection (c).
diction over laws that would be affected by a whichever is greater, had taken effect on the (2) CONDITIONS.—A trade agreement may be
trade agreement resulting from the negotia- effective date of the first reduction pro- entered into under this subsection only if
tions. claimed under paragraph (1) to carry out such agreement makes progress in meeting
(2) CONSULTATION BEFORE AGREEMENT INI- such agreement with respect to such article; the applicable objectives described in section
TIALED.—In the course of negotiations con- and 2(a) and (b) and the President satisfies the
ducted under this Act, the United States (ii) a reduction equal to the amount appli- conditions set forth in section 4.
Trade Representative shall— cable under clause (i) had taken effect at 1- (3) BILLS QUALIFYING FOR TRADE AUTHORI-
(A) consult closely and on a timely basis year intervals after the effective date of such TIES PROCEDURES.—(A) The provisions of sec-
(including immediately before initialing an first reduction. tion 151 of the Trade Act of 1974 (in this Act
agreement) with, and keep fully apprised of (B) EXEMPTION FROM STAGING.—No staging referred to as ‘‘trade authorities proce-
the negotiations, the congressional advisers is required under subparagraph (A) with re- dures’’) apply to a bill of either House of
for trade policy and negotiations appointed spect to a duty reduction that is proclaimed Congress which contains provisions described
under section 161 of the Trade Act of 1974 (19 under paragraph (1) for an article of a kind in subparagraph (B) to the same extent as
U.S.C. 2211), the Committee on Ways and that is not produced in the United States. such section 151 applies to implementing
Means of the House of Representatives, the The United States International Trade Com- bills under that section. A bill to which this
Committee on Finance of the Senate, and mission shall advise the President of the paragraph applies shall hereafter in this Act
the Congressional Oversight Group convened identity of articles that may be exempted be referred to as an ‘‘implementing bill’’.
under section 7; and from staging under this subparagraph. (B) The provisions referred to in subpara-
(4) ROUNDING.—If the President determines graph (A) are—
(B) with regard to any negotiations and
that such action will simplify the computa- (i) a provision approving a trade agreement
agreement relating to agricultural trade,
tion of reductions under paragraph (3), the entered into under this subsection and ap-
also consult closely and on a timely basis
President may round an annual reduction by proving the statement of administrative ac-
(including immediately before initialing an
an amount equal to the lesser of— tion, if any, proposed to implement such
agreement) with, and keep fully apprised of
(A) the difference between the reduction trade agreement; and
the negotiations, the Committee on Agri-
without regard to this paragraph and the (ii) if changes in existing laws or new stat-
culture of the House of Representatives and
next lower whole number; or utory authority are required to implement
the Committee on Agriculture, Nutrition,
(B) one-half of 1 percent ad valorem. such trade agreement or agreements, provi-
and Forestry of the Senate.
(5) OTHER LIMITATIONS.—A rate of duty re- sions, necessary or appropriate to implement
(e) ADHERENCE TO OBLIGATIONS UNDER URU-
GUAY ROUND AGREEMENTS.—In determining
duction that may not be proclaimed by rea- such trade agreement or agreements, either
whether to enter into negotiations with a son of paragraph (2) may take effect only if repealing or amending existing laws or pro-
particular country, the President shall take a provision authorizing such reduction is in- viding new statutory authority.
cluded within an implementing bill provided (c) EXTENSION DISAPPROVAL PROCESS FOR
into account the extent to which that coun-
for under section 5 and that bill is enacted CONGRESSIONAL TRADE AUTHORITIES PROCE-
try has implemented, or has accelerated the
into law. DURES.—
implementation of, its obligations under the
(6) OTHER TARIFF MODIFICATIONS.—Notwith- (1) IN GENERAL.—Except as provided in sec-
Uruguay Round Agreements.
standing paragraphs (1)(B) and (2) through tion 5(b)—
SEC. 3. TRADE AGREEMENTS AUTHORITY.
(5), and subject to the consultation and lay- (A) the trade authorities procedures apply
(a) AGREEMENTS REGARDING TARIFF BAR-
over requirements of section 115 of the Uru- to implementing bills submitted with re-
RIERS.—
guay Round Agreements Act, the President spect to trade agreements entered into under
(1) IN GENERAL.—Whenever the President
may proclaim the modification of any duty subsection (b) before July 1, 2005; and
determines that one or more existing duties
or staged rate reduction of any duty set (B) the trade authorities procedures shall
or other import restrictions of any foreign
forth in Schedule XX, as defined in section be extended to implementing bills submitted
country or the United States are unduly bur-
2(5) of that Act, if the United States agrees with respect to trade agreements entered
dening and restricting the foreign trade of
to such modification or staged rate reduc- into under subsection (b) after June 30, 2005,
the United States and that the purposes,
tion in a negotiation for the reciprocal and before July 1, 2007, if (and only if)—
policies, priorities, and objectives of this Act
elimination or harmonization of duties under (i) the President requests such extension
will be promoted thereby, the President—
the auspices of the World Trade Organiza- under paragraph (2); and
(A) may enter into trade agreements with
tion. (ii) neither House of the Congress adopts
foreign countries before—
(7) AUTHORITY UNDER URUGUAY ROUND an extension disapproval resolution under
(i) June 1, 2005; or
AGREEMENTS ACT NOT AFFECTED.—Nothing in paragraph (5) before June 1, 2005.
(ii) June 1, 2007, if trade authorities proce-
this subsection shall limit the authority pro- (2) REPORT TO CONGRESS BY THE PRESI-
dures are extended under subsection (c); and
vided to the President under section 111(b) of DENT.—If the President is of the opinion that
(B) may, subject to paragraphs (2) and (3),
the Uruguay Round Agreements Act (19 the trade authorities procedures should be
proclaim—
U.S.C. 3521(b)). extended to implementing bills described in
(i) such modification or continuance of any
(b) AGREEMENTS REGARDING TARIFF AND paragraph (1)(B), the President shall submit
existing duty,
NONTARIFF BARRIERS.— to the Congress, not later than March 1, 2005,
(ii) such continuance of existing duty-free
(1) IN GENERAL.—(A) Whenever the Presi- a written report that contains a request for
or excise treatment, or
dent determines that— such extension, together with—
(iii) such additional duties,
(i) one or more existing duties or any other (A) a description of all trade agreements
as the President determines to be required or import restriction of any foreign country or that have been negotiated under subsection
appropriate to carry out any such trade the United States or any other barrier to, or (b) and the anticipated schedule for submit-
agreement. other distortion of, international trade un- ting such agreements to the Congress for ap-
The President shall notify the Congress of duly burdens or restricts the foreign trade of proval;
the President’s intention to enter into an the United States or adversely affects the (B) a description of the progress that has
agreement under this subsection. United States economy; or been made in negotiations to achieve the
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8985
purposes, policies, priorities, and objectives services, medical equipment and services, the Congress, and the United States Trade
of this Act, and a statement that such civil aircraft, and infrastructure products. In Representative not later than 30 days after
progress justifies the continuation of nego- so doing, the President shall take into ac- the date on which the President notifies the
tiations; and count all of the principal negotiating objec- Congress under section 3(a)(1) or 5(a)(1)(A) of
(C) a statement of the reasons why the ex- tives set forth in section 2(b). the President’s intention to enter into the
tension is needed to complete the negotia- SEC. 4. CONSULTATIONS AND ASSESSMENT. agreement.
tions. (a) NOTICE AND CONSULTATION BEFORE NE- (e) ITC ASSESSMENT.—
(3) REPORT TO CONGRESS BY THE ADVISORY GOTIATION.—The President, with respect to (1) IN GENERAL.—The President, at least 90
COMMITTEE.—The President shall promptly any agreement that is subject to the provi- calendar days before the day on which the
inform the Advisory Committee for Trade sions of section 3(b), shall— President enters into a trade agreement
Policy and Negotiations established under (1) provide, at least 90 calendar days before under section 3(b), shall provide the Inter-
section 135 of the Trade Act of 1974 (19 U.S.C. initiating negotiations, written notice to the national Trade Commission (referred to in
2155) of the President’s decision to submit a Congress of the President’s intention to this subsection as ‘‘the Commission’’) with
report to the Congress under paragraph (2). enter into the negotiations and set forth the details of the agreement as it exists at
The Advisory Committee shall submit to the therein the date the President intends to ini- that time and request the Commission to
Congress as soon as practicable, but not tiate such negotiations, the specific United prepare and submit an assessment of the
later than May 1, 2005, a written report that agreement as described in paragraph (2). Be-
States objectives for the negotiations, and
contains— tween the time the President makes the re-
whether the President intends to seek an
(A) its views regarding the progress that quest under this paragraph and the time the
agreement, or changes to an existing agree-
has been made in negotiations to achieve the Commission submits the assessment, the
ment; and
purposes, policies, priorities, and objectives President shall keep the Commission current
(2) before and after submission of the no-
of this Act; and with respect to the details of the agreement.
tice, consult regarding the negotiations with
(B) a statement of its views, and the rea- (2) ITC ASSESSMENT.—Not later than 90 cal-
the Committee on Finance of the Senate and
sons therefor, regarding whether the exten- endar days after the President enters into
the Committee on Ways and Means of the
sion requested under paragraph (2) should be the agreement, the Commission shall submit
House of Representatives, such other com-
approved or disapproved. to the President and the Congress a report
mittees of the House and Senate as the
(4) STATUS OF REPORTS.—The reports sub- assessing the likely impact of the agreement
President deems appropriate, and the Con-
mitted to the Congress under paragraphs (2) on the United States economy as a whole
gressional Oversight group convened under
and (3), or any portion of such reports, may and on specific industry sectors, including
section 7.
be classified to the extent the President de- the impact the agreement will have on the
(b) NEGOTIATIONS REGARDING AGRI-
termines appropriate. gross domestic product, exports and imports,
CULTURE.—Before initiating or continuing
(5) EXTENSION DISAPPROVAL RESOLUTIONS.— aggregate employment and employment op-
negotiations the subject matter of which is
(A) For purposes of paragraph (1), the term portunities, the production, employment,
directly related to the subject matter under
‘‘extension disapproval resolution’’ means a and competitive position of industries likely
section 2(b)(9)(A)(i) with any country, the
resolution of either House of the Congress, to be significantly affected by the agree-
President shall assess whether United States
the sole matter after the resolving clause of ment, and the interests of United States con-
tariffs on agricultural products that were
which is as follows: ‘‘That the ll dis- sumers.
bound under the Uruguay Round Agreements
approves the request of the President for the (3) REVIEW OF EMPIRICAL LITERATURE.—In
are lower than the tariffs bound by that
extension, under section 3(c)(1)(B)(i) of the preparing the assessment, the Commission
country. In addition, the President shall con-
Trade Promotion Authority Act of 2001, of shall review available economic assessments
sider whether the tariff levels bound and ap-
the trade authorities procedures under that regarding the agreement, including lit-
plied throughout the world with respect to
Act to any implementing bill submitted with erature regarding any substantially equiva-
imports from the United States are higher
respect to any trade agreement entered into lent proposed agreement, and shall provide
than United States tariffs and whether the
under section 3(b) of that Act after June 30, in its assessment a description of the anal-
negotiation provides an opportunity to ad-
2005.’’, with the blank space being filled with yses used and conclusions drawn in such lit-
dress any such disparity. The President shall
the name of the resolving House of the Con- erature, and a discussion of areas of con-
consult with the Committee on Ways and
gress. sensus and divergence between the various
Means and the Committee on Agriculture of
(B) Extension disapproval resolutions— analyses and conclusions, including those of
the House of Representatives and the Com-
(i) may be introduced in either House of the Commission regarding the agreement.
mittee on Finance and the Committee on Ag-
the Congress by any member of such House;
riculture, Nutrition, and Forestry of the SEC. 5. IMPLEMENTATION OF TRADE AGREE-
and MENTS.
Senate concerning the results of the assess-
(ii) shall be referred, in the House of Rep-
ment, whether it is appropriate for the (a) IN GENERAL.—
resentatives, to the Committee on Ways and
United States to agree to further tariff re- (1) NOTIFICATION AND SUBMISSION.—Any
Means and, in addition, to the Committee on
ductions based on the conclusions reached in agreement entered into under section 3(b)
Rules.
the assessment, and how all applicable nego- shall enter into force with respect to the
(C) The provisions of sections 152(d) and (e)
tiating objectives will be met. United States if (and only if)—
of the Trade Act of 1974 (19 U.S.C. 2192(d) and
(c) CONSULTATION WITH CONGRESS BEFORE (A) the President, at least 90 calendar days
(e)) (relating to the floor consideration of
AGREEMENTS ENTERED INTO.— before the day on which the President enters
certain resolutions in the House and Senate)
(1) CONSULTATION.—Before entering into into the trade agreement, notifies the House
apply to extension disapproval resolutions.
any trade agreement under section 3(b), the of Representatives and the Senate of the
(D) It is not in order for—
President shall consult with— President’s intention to enter into the agree-
(i) the Senate to consider any extension
(A) the Committee on Ways and Means of ment, and promptly thereafter publishes no-
disapproval resolution not reported by the
the House of Representatives and the Com- tice of such intention in the Federal Reg-
Committee on Finance;
mittee on Finance of the Senate; ister;
(ii) the House of Representatives to con-
(B) each other committee of the House and (B) within 60 days after entering into the
sider any extension disapproval resolution
the Senate, and each joint committee of the agreement, the President submits to the
not reported by the Committee on Ways and
Congress, which has jurisdiction over legisla- Congress a description of those changes to
Means and, in addition, by the Committee on
tion involving subject matters which would existing laws that the President considers
Rules; or
be affected by the trade agreement; and would be required in order to bring the
(iii) either House of the Congress to con-
(C) the Congressional Oversight Group con- United States into compliance with the
sider an extension disapproval resolution
vened under section 7. agreement;
after June 30, 2005.
(d) COMMENCEMENT OF NEGOTIATIONS.—In (2) SCOPE.—The consultation described in (C) after entering into the agreement, the
order to contribute to the continued eco- paragraph (1) shall include consultation with President submits to the Congress a copy of
nomic expansion of the United States, the respect to— the final legal text of the agreement, to-
President shall commence negotiations cov- (A) the nature of the agreement; gether with—
ering tariff and nontariff barriers affecting (B) how and to what extent the agreement (i) a draft of an implementing bill de-
any industry, product, or service sector, and will achieve the applicable purposes, poli- scribed in section 3(b)(3);
expand existing sectoral agreements to coun- cies, priorities, and objectives of this Act; (ii) a statement of any administrative ac-
tries that are not parties to those agree- and tion proposed to implement the trade agree-
ments, in cases where the President deter- (C) the implementation of the agreement ment; and
mines that such negotiations are feasible under section 5, including the general effect (iii) the supporting information described
and timely and would benefit the United of the agreement on existing laws. in paragraph (2); and
States. Such sectors include agriculture, (d) ADVISORY COMMITTEE REPORTS.—The re- (D) the implementing bill is enacted into
commercial services, intellectual property port required under section 135(e)(1) of the law.
rights, industrial and capital goods, govern- Trade Act of 1974 regarding any trade agree- (2) SUPPORTING INFORMATION.—The sup-
ment procurement, information technology ment entered into under section 3(a) or (b) of porting information required under para-
products, environmental technology and this Act shall be provided to the President, graph (1)(C)(iii) consists of—
H8986 CONGRESSIONAL RECORD — HOUSE December 6, 2001
(A) an explanation as to how the imple- (II) shall be referred to the Committee on (A) The chairman and ranking member of
menting bill and proposed administrative ac- Ways and Means and, in addition, to the the Committee on Ways and Means, and 3 ad-
tion will change or affect existing law; and Committee on Rules; and ditional members of such Committee (not
(B) a statement— (III) may not be amended by either Com- more than 2 of whom are members of the
(i) asserting that the agreement makes mittee; and same political party).
progress in achieving the applicable pur- (ii) in the Senate shall be original resolu- (B) The chairman and ranking member, or
poses, policies, priorities, and objectives of tions of the Committee on Finance. their designees, of the committees of the
this Act; and (B) The provisions of section 152(d) and (e) House of Representatives which would have,
(ii) setting forth the reasons of the Presi- of the Trade Act of 1974 (19 U.S.C. 2192(d) and under the Rules of the House of Representa-
dent regarding— (e)) (relating to the floor consideration of tives, jurisdiction over provisions of law af-
(I) how and to what extent the agreement certain resolutions in the House and Senate) fected by a trade agreement negotiations for
makes progress in achieving the applicable apply to procedural disapproval resolutions. which are conducted at any time during that
purposes, policies, and objectives referred to (C) It is not in order for the House of Rep- Congress and to which this Act would apply.
in clause (i); resentatives to consider any procedural dis- (3) MEMBERSHIP FROM THE SENATE.—In each
(II) whether and how the agreement approval resolution not reported by the Com- Congress, the Congressional Oversight Group
changes provisions of an agreement pre- mittee on Ways and Means and, in addition, shall also be comprised of the following
viously negotiated; by the Committee on Rules. members of the Senate:
(III) how the agreement serves the inter- (c) RULES OF HOUSE OF REPRESENTATIVES (A) The chairman and ranking Member of
ests of United States commerce; AND SENATE.—Subsection (b) of this section the Committee on Finance and 3 additional
(IV) how the implementing bill meets the and section 3(c) are enacted by the Con- members of such Committee (not more than
standards set forth in section 3(b)(3); and gress— 2 of whom are members of the same political
(V) how and to what extent the agreement (1) as an exercise of the rulemaking power party).
makes progress in achieving the applicable of the House of Representatives and the Sen- (B) The chairman and ranking member, or
purposes, policies, and objectives referred to ate, respectively, and as such are deemed a their designees, of the committees of the
in section 2(c) regarding the promotion of part of the rules of each House, respectively, Senate which would have, under the Rules of
certain priorities. and such procedures supersede other rules the Senate, jurisdiction over provisions of
(3) RECIPROCAL BENEFITS.—In order to en- only to the extent that they are inconsistent law affected by a trade agreement negotia-
sure that a foreign country that is not a with such other rules; and tions for which are conducted at any time
party to a trade agreement entered into (2) with the full recognition of the con- during that Congress and to which this Act
under section 3(b) does not receive benefits stitutional right of either House to change would apply.
under the agreement unless the country is the rules (so far as relating to the procedures (4) ACCREDITATION.—Each member of the
also subject to the obligations under the of that House) at any time, in the same man- Congressional Oversight Group described in
agreement, the implementing bill submitted ner, and to the same extent as any other rule paragraph (2)(A) and (3)(A) shall be accred-
with respect to the agreement shall provide of that House. ited by the United States Trade Representa-
that the benefits and obligations under the SEC. 6. TREATMENT OF CERTAIN TRADE AGREE- tive on behalf of the President as official ad-
agreement apply only to the parties to the MENTS FOR WHICH NEGOTIATIONS visers to the United States delegation in ne-
HAVE ALREADY BEGUN. gotiations for any trade agreement to which
agreement, if such application is consistent
(a) CERTAIN AGREEMENTS.—Notwith- this Act applies. Each member of the Con-
with the terms of the agreement. The imple-
standing section 3(b)(2), if an agreement to gressional Oversight Group described in
menting bill may also provide that the bene-
which section 3(b) applies— paragraph (2)(B) and (3)(B) shall be accred-
fits and obligations under the agreement do
(1) is entered into under the auspices of the ited by the United States Trade Representa-
not apply uniformly to all parties to the
World Trade Organization, tive on behalf of the President as official ad-
agreement, if such application is consistent
(2) is entered into with Chile, visers to the United States delegation in the
with the terms of the agreement.
(3) is entered into with Singapore, or negotiations by reason of which the member
(b) LIMITATIONS ON TRADE AUTHORITIES (4) establishes a Free Trade Area for the is in the Congressional Oversight Group. The
PROCEDURES.— Americas, Congressional Oversight Group shall consult
(1) FOR LACK OF NOTICE OR CONSULTA- and results from negotiations that were com- with and provide advice to the Trade Rep-
TIONS.— menced before the date of the enactment of resentative regarding the formulation of spe-
(A) IN GENERAL.—The trade authorities this Act, subsection (b) shall apply. cific objectives, negotiating strategies and
procedures shall not apply to any imple- (b) TREATMENT OF AGREEMENTS.—In the positions, the development of the applicable
menting bill submitted with respect to a case of any agreement to which subsection trade agreement, and compliance and en-
trade agreement entered into under section (a) applies— forcement of the negotiated commitments
3(b) if during the 60-day period beginning on (1) the applicability of the trade authori- under the trade agreement.
the date that one House of Congress agrees ties procedures to implementing bills shall (5) CHAIR.—The Congressional Oversight
to a procedural disapproval resolution for be determined without regard to the require- Group shall be chaired by the Chairman of
lack of notice or consultations with respect ments of section 4(a) (relating only to 90 the Committee on Ways and Means of the
to that trade agreement, the other House days notice prior to initiating negotiations), House of Representatives and the Chairman
separately agrees to a procedural disapproval and any procedural disapproval resolution of the Committee on Finance of the Senate.
resolution with respect to that agreement. under section 5(b)(1)(B) shall not be in order (b) GUIDELINES.—
(B) PROCEDURAL DISAPPROVAL RESOLU- on the basis of a failure or refusal to comply (1) PURPOSE AND REVISION.—The United
TION.—For purposes of this paragraph, the with the provisions of section 4(a); and States Trade Representative, in consultation
term ‘‘procedural disapproval resolution’’ (2) the President shall, as soon as feasible with the chairmen and ranking minority
means a resolution of either House of Con- after the enactment of this Act— members of the Committee on Ways and
gress, the sole matter after the resolving (A) notify the Congress of the negotiations Means of the House of Representatives and
clause of which is as follows: ‘‘That the described in subsection (a), the specific the Committee on Finance of the Senate—
President has failed or refused to notify or United States objectives in the negotiations, (A) shall, within 120 days after the date of
consult (as the case may be) with Congress and whether the President is seeking a new the enactment of this Act, develop written
in accordance with section 4 or 5 of the agreement or changes to an existing agree- guidelines to facilitate the useful and timely
Trade Promotion Authority Act of 2001 on ment; and exchange of information between the Trade
negotiations with respect to llllll and, (B) before and after submission of the no- Representative and the Congressional Over-
therefore, the trade authorities procedures tice, consult regarding the negotiations with sight Group established under this section;
under that Act shall not apply to any imple- the committees referred to in section 4(a)(2) and
menting bill submitted with respect to that and the Congressional Oversight Group. (B) may make such revisions to the guide-
trade agreement.’’, with the blank space SEC. 7. CONGRESSIONAL OVERSIGHT GROUP. lines as may be necessary from time to time.
being filled with a description of the trade (a) MEMBERS AND FUNCTIONS.— (2) CONTENT.—The guidelines developed
agreement with respect to which the Presi- (1) IN GENERAL.—By not later than 60 days under paragraph (1) shall provide for, among
dent is considered to have failed or refused after the date of the enactment of this Act, other things—
to notify or consult. and not later than 30 days after the con- (A) regular, detailed briefings of the Con-
(2) PROCEDURES FOR CONSIDERING RESOLU- vening of each Congress, the chairman of the gressional Oversight Group regarding negoti-
TIONS.—(A) Procedural disapproval resolu- Committee on Ways and Means of the House ating objectives, including the promotion of
tions— of Representatives and the chairman of the certain priorities referred to in section 2(c),
(i) in the House of Representatives— Committee on Finance of the Senate shall and positions and the status of the applica-
(I) shall be introduced by the chairman or convene the Congressional Oversight Group. ble negotiations, beginning as soon as prac-
ranking minority member of the Committee (2) MEMBERSHIP FROM THE HOUSE.—In each ticable after the Congressional Oversight
on Ways and Means or the chairman or rank- Congress, the Congressional Oversight Group Group is convened, with more frequent brief-
ing minority member of the Committee on shall be comprised of the following Members ings as trade negotiations enter the final
Rules; of the House of Representatives: stage;
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8987
(B) access by members of the Congressional (B) a partnership, corporation, or other (5) to ensure that trade and environmental
Oversight Group, and staff with proper secu- legal entity organized under the laws of the policies are mutually supportive and to seek to
rity clearances, to pertinent documents re- United States; and protect and preserve the environment and en-
lating to the negotiations, including classi- (C) a partnership, corporation, or other hance the international means of doing so,
fied materials; legal entity that is organized under the laws while optimizing the use of the world’s re-
(C) the closest practicable coordination be- of a foreign country and is controlled by en- sources;
tween the Trade Representative and the Con- tities described in subparagraph (B) or (6) to promote respect for worker rights and
gressional Oversight Group at all critical pe- United States citizens, or both. the rights of children consistent with core labor
riods during the negotiations, including at (6) URUGUAY ROUND AGREEMENTS.—The standards of the International Labor Organiza-
negotiation sites; and term ‘‘Uruguay Round Agreements’’ has the tion (as defined in section 11(2)) and an under-
(D) after the applicable trade agreement is meaning given that term in section 2(7) of standing of the relationship between trade and
concluded, consultation regarding ongoing the Uruguay Round Agreements Act (19 worker rights;
compliance and enforcement of negotiated U.S.C. 3501(7)). (7) to seek provisions in trade agreements
commitments under the trade agreement. (7) WORLD TRADE ORGANIZATION; WTO.—The under which parties to those agreements strive
SEC. 8. ADDITIONAL IMPLEMENTATION AND EN- terms ‘‘World Trade Organization’’ and to ensure that they do not weaken or reduce the
FORCEMENT REQUIREMENTS. ‘‘WTO’’ mean the organization established protections afforded in domestic environmental
pursuant to the WTO Agreement. and labor laws as an encouragement for trade.
(a) IN GENERAL.—At the time the President (b) PRINCIPAL TRADE NEGOTIATING OBJEC-
(8) WTO AGREEMENT.—The term ‘‘WTO
submits to the Congress the final text of an TIVES.—
Agreement’’ means the Agreement Estab-
agreement pursuant to section 5(a)(1)(C), the (1) TRADE BARRIERS AND DISTORTIONS.—The
lishing the World Trade Organization en-
President shall also submit a plan for imple- principal negotiating objectives of the United
tered into on April 15, 1994.
menting and enforcing the agreement. The States regarding trade barriers and other trade
implementation and enforcement plan shall The SPEAKER pro tempore. The distortions are—
include the following: amendment printed in the bill, modi- (A) to expand competitive market opportuni-
(1) BORDER PERSONNEL REQUIREMENTS.—A fied by the amendment printed in ties for United States exports and to obtain fair-
description of additional personnel required House Report 107–323, is adopted. er and more open conditions of trade by reduc-
at border entry points, including a list of ad- The text of H.R. 3005, as amended, as ing or eliminating tariff and nontariff barriers
ditional customs and agricultural inspectors. and policies and practices of foreign govern-
modified, is as follows:
(2) AGENCY STAFFING REQUIREMENTS.—A de- ments directly related to trade that decrease
Be it enacted by the Senate and House of Rep-
scription of additional personnel required by market opportunities for United States exports
resentatives of the United States of America in
Federal agencies responsible for monitoring or otherwise distort United States trade; and
Congress assembled,
and implementing the trade agreement, in- (B) to obtain reciprocal tariff and nontariff
SECTION 1. SHORT TITLE AND FINDINGS.
cluding personnel required by the Office of barrier elimination agreements, with particular
the United States Trade Representative, the (a) SHORT TITLE.—This Act may be cited as
the ‘‘Bipartisan Trade Promotion Authority Act attention to those tariff categories covered in
Department of Commerce, the Department section 111(b) of the Uruguay Round Agree-
of Agriculture (including additional per- of 2001’’.
(b) FINDINGS.—The Congress makes the fol- ments Act (19 U.S.C. 3521(b)).
sonnel required to implement sanitary and (2) TRADE IN SERVICES.—The principal negoti-
phytosanitary measures in order to obtain lowing findings:
(1) The expansion of international trade is ating objective of the United States regarding
market access for United States exports), trade in services is to reduce or eliminate bar-
the Department of the Treasury, and such vital to the national security of the United
States. Trade is critical to the economic growth riers to international trade in services, including
other agencies as may be necessary. regulatory and other barriers that deny na-
(3) CUSTOMS INFRASTRUCTURE REQUIRE- and strength of the United States and to its
leadership in the world. Stable trading relation- tional treatment and market access or unreason-
MENTS.—A description of the additional ably restrict the establishment or operations of
equipment and facilities needed by the ships promote security and prosperity. Trade
agreements today serve the same purposes that service suppliers.
United States Customs Service. (3) FOREIGN INVESTMENT.—The principal ne-
(4) IMPACT ON STATE AND LOCAL GOVERN- security pacts played during the Cold War,
binding nations together through a series of mu- gotiating objective of the United States regard-
MENTS.—A description of the impact the ing foreign investment is to reduce or eliminate
trade agreement will have on State and local tual rights and obligations. Leadership by the
United States in international trade fosters open artificial or trade-distorting barriers to trade-re-
governments as a result of increases in lated foreign investment and, recognizing that
trade. markets, democracy, and peace throughout the
world. United States law on the whole provides a high
(5) COST ANALYSIS.—An analysis of the level of protection for investment, consistent
costs associated with each of the items listed (2) The national security of the United States
depends on its economic security, which in turn with or greater than the level required by inter-
in paragraphs (1) through (4). national law, to secure for investors important
is founded upon a vibrant and growing indus-
(b) BUDGET SUBMISSION.—The President trial base. Trade expansion has been the engine rights comparable to those that would be avail-
shall include a request for the resources nec- of economic growth. Trade agreements maximize able under United States legal principles and
essary to support the plan described in sub- opportunities for the critical sectors and build- practice, by
section (a) in the first budget that the Presi- (A) reducing or eliminating exceptions to the
ing blocks of the economy of the United States,
dent submits to the Congress after the sub- principle of national treatment;
such as information technology, telecommuni-
mission of the plan. (B) freeing the transfer of funds relating to
cations and other leading technologies, basic in-
SEC. 9. DEFINITIONS. investments;
dustries, capital equipment, medical equipment,
(C) reducing or eliminating performance re-
In this Act: services, agriculture, environmental technology,
quirements, forced technology transfers, and
(1) AGREEMENT ON AGRICULTURE.—The term and intellectual property. Trade will create new
other unreasonable barriers to the establishment
‘‘Agreement on Agriculture’’ means the opportunities for the United States and preserve
and operation of investments;
agreement referred to in section 101(d)(2) of the unparalleled strength of the United States (D) seeking to establish standards for expro-
the Uruguay Round Agreements Act (19 in economic, political, and military affairs. The priation and compensation for expropriation,
U.S.C. 3511(d)(2)). United States, secured by expanding trade and consistent with United States legal principles
(2) CORE LABOR STANDARDS.—The term economic opportunities, will meet the challenges and practice;
‘‘core labor standards’’ means— of the twenty-first century. (E) providing meaningful procedures for re-
(A) the right of association; SEC. 2. TRADE NEGOTIATING OBJECTIVES. solving investment disputes;
(B) the right to organize and bargain col- (a) OVERALL TRADE NEGOTIATING OBJEC- (F) seeking to improve mechanisms used to re-
lectively; TIVES.—The overall trade negotiating objectives solve disputes between an investor and a gov-
(C) a prohibition on the use of any form of of the United States for agreements subject to ernment through—
forced or compulsory labor; the provisions of section 3 are— (i) mechanisms to eliminate frivolous claims;
(D) a minimum age for the employment of (1) to obtain more open, equitable, and recip- and
children; and rocal market access; (ii) procedures to ensure the efficient selection
(E) acceptable conditions of work with re- (2) to obtain the reduction or elimination of of arbitrators and the expeditious disposition of
spect to minimum wages, hours of work, and barriers and distortions that are directly related claims;
occupational safety and health. to trade and that decrease market opportunities (G) providing an appellate or similar review
(3) GATT 1994.—The term ‘‘GATT 1994’’ has for United States exports or otherwise distort mechanism to correct manifestly erroneous in-
the meaning given that term in section 2 of United States trade; terpretations of law; and
the Uruguay Round Agreements Act (19 (3) to further strengthen the system of inter- (H) ensuring the fullest measure of trans-
U.S.C. 3501). national trading disciplines and procedures, in- parency in the dispute settlement mechanism, to
(4) ILO.—The term ‘‘ILO’’ means the Inter- cluding dispute settlement; the extent consistent with the need to protect in-
national Labor Organization. (4) to foster economic growth, raise living formation that is classified or business confiden-
(5) UNITED STATES PERSON.—The term standards, and promote full employment in the tial, by—
‘‘United States person’’ means— United States and to enhance the global econ- (i) ensuring that all requests for dispute settle-
(A) a United States citizen; omy; ment are promptly made public;
H8988 CONGRESSIONAL RECORD — HOUSE December 6, 2001
(ii) ensuring that— multilateral and bilateral trade agreements (iv) allowing the preservation of programs
(I) all proceedings, submissions, findings, and are— that support family farms and rural commu-
decisions are promptly made public; (A) to achieve full implementation and extend nities but do not distort trade;
(II) all hearings are open to the public; and the coverage of the World Trade Organization (v) developing disciplines for domestic support
(iii) establishing a mechanism for acceptance and such agreements to products, sectors, and programs, so that production that is in excess of
of amicus curiae submissions from businesses, conditions of trade not adequately covered; and domestic food security needs is sold at world
unions, and nongovernmental organizations. (B) to expand country participation in and prices;
(4) INTELLECTUAL PROPERTY.—The principal enhancement of the Information Technology (vi) eliminating Government policies that cre-
negotiating objectives of the United States re- Agreement and other trade agreements. ate price-depressing surpluses;
garding trade-related intellectual property are— (8) REGULATORY PRACTICES.—The principal (vii) eliminating state trading enterprises
(A) to further promote adequate and effective negotiating objectives of the United States re- whenever possible;
protection of intellectual property rights, in- garding the use of government regulation or (viii) developing, strengthening, and clari-
cluding through— other practices by foreign governments to pro- fying rules and effective dispute settlement
(i)(I) ensuring accelerated and full implemen- vide a competitive advantage to their domestic mechanisms to eliminate practices that unfairly
tation of the Agreement on Trade-Related As- producers, service providers, or investors and decrease United States market access opportuni-
pects of Intellectual Property Rights referred to thereby reduce market access for United States ties or distort agricultural markets to the det-
in section 101(d)(15) of the Uruguay Round goods, services, and investments are— riment of the United States, particularly with
Agreements Act (19 U.S.C. 3511(d)(15)), particu- (A) to achieve increased transparency and op- respect to import-sensitive products, including—
larly with respect to meeting enforcement obli- portunity for the participation of affected par- (I) unfair or trade-distorting activities of state
gations under that agreement; and ties in the development of regulations; trading enterprises and other administrative
(II) ensuring that the provisions of any multi- (B) to require that proposed regulations be mechanisms, with emphasis on requiring price
lateral or bilateral trade agreement governing based on sound science, cost-benefit analysis, transparency in the operation of state trading
intellectual property rights that is entered into risk assessment, or other objective evidence; enterprises and such other mechanisms in order
by the United States reflect a standard of pro- (C) to establish consultative mechanisms to end cross subsidization, price discrimination,
tection similar to that found in United States among parties to trade agreements to promote and price undercutting;
law; increased transparency in developing guide- (II) unjustified trade restrictions or commer-
(ii) providing strong protection for new and lines, rules, regulations, and laws for govern- cial requirements, such as labeling, that affect
emerging technologies and new methods of ment procurement and other regulatory regimes; new technologies, including biotechnology;
transmitting and distributing products embody- and (III) unjustified sanitary or phytosanitary re-
ing intellectual property; (D) to achieve the elimination of government strictions, including those not based on sci-
(iii) preventing or eliminating discrimination measures such as price controls and reference entific principles in contravention of the Uru-
with respect to matters affecting the avail- pricing which deny full market access for guay Round Agreements;
ability, acquisition, scope, maintenance, use, United States products. (IV) other unjustified technical barriers to
and enforcement of intellectual property rights; (9) ELECTRONIC COMMERCE.—The principal trade; and
(iv) ensuring that standards of protection and negotiating objectives of the United States with (V) restrictive rules in the administration of
enforcement keep pace with technological devel- respect to electronic commerce are— tariff rate quotas;
opments, and in particular ensuring that (A) to ensure that current obligations, rules, (ix) eliminating practices that adversely affect
rightholders have the legal and technological disciplines, and commitments under the World trade in perishable or cyclical products, while
means to control the use of their works through Trade Organization apply to electronic com- improving import relief mechanisms to recognize
the Internet and other global communication merce; the unique characteristics of perishable and cy-
media, and to prevent the unauthorized use of (B) to ensure that— clical agriculture;
their works; and (i) electronically delivered goods and services (x) ensuring that the use of import relief
(v) providing strong enforcement of intellec- receive no less favorable treatment under trade mechanisms for perishable and cyclical agri-
tual property rights, including through acces- rules and commitments than like products deliv- culture are as accessible and timely to growers
sible, expeditious, and effective civil, adminis- ered in physical form; and in the United States as those mechanisms that
trative, and criminal enforcement mechanisms; (ii) the classification of such goods and serv- are used by other countries;
and ices ensures the most liberal trade treatment (xi) taking into account whether a party to
(B) to secure fair, equitable, and nondiscrim- possible; the negotiations has failed to adhere to the pro-
inatory market access opportunities for United (C) to ensure that governments refrain from visions of already existing trade agreements
States persons that rely upon intellectual prop- implementing trade-related measures that im- with the United States or has circumvented obli-
erty protection. pede electronic commerce; gations under those agreements;
(5) TRANSPARENCY.—The principal negotiating (D) where legitimate policy objectives require (xii) taking into account whether a product is
objective of the United States with respect to domestic regulations that affect electronic com- subject to market distortions by reason of a fail-
transparency is to obtain wider and broader ap- merce, to obtain commitments that any such reg- ure of a major producing country to adhere to
plication of the principle of transparency ulations are the least restrictive on trade, non- the provisions of already existing trade agree-
through— discriminatory, and transparent, and promote ments with the United States or by the cir-
(A) increased and more timely public access to an open market environment; and cumvention by that country of its obligations
information regarding trade issues and the ac- (E) to extend the moratorium of the World under those agreements;
tivities of international trade institutions; Trade Organization on duties on electronic (xiii) otherwise ensuring that countries that
(B) increased openness at the WTO and other transmissions. accede to the World Trade Organization have
international trade fora by increasing public ac- (10) RECIPROCAL TRADE IN AGRICULTURE.—(A) made meaningful market liberalization commit-
cess to appropriate meetings, proceedings, and The principal negotiating objective of the ments in agriculture;
submissions, including with regard to dispute United States with respect to agriculture is to (xiv) taking into account the impact that
settlement and investment; and obtain competitive opportunities for United agreements covering agriculture to which the
(C) increased and more timely public access to States exports of agricultural commodities in United States is a party, including the North
all notifications and supporting documentation foreign markets substantially equivalent to the American Free Trade Agreement, have on the
submitted by parties to the WTO. competitive opportunities afforded foreign ex- United States agricultural industry; and
(6) ANTI-CORRUPTION.—The principal negoti- ports in United States markets and to achieve (xv) maintaining bona fide food assistance
ating objectives of the United States with re- fairer and more open conditions of trade in programs and preserving United States market
spect to the use of money or other things of bulk, specialty crop, and value-added commod- development and export credit programs.
value to influence acts, decisions, or omissions ities by— (B)(i) Before commencing negotiations with
of foreign governments or officials or to secure (i) reducing or eliminating, by a date certain, respect to agriculture, the United States Trade
any improper advantage in a manner affecting tariffs or other charges that decrease market op- Representative, in consultation with the Con-
trade are— portunities for United States exports— gress, shall seek to develop a position on the
(A) to obtain high standards and appropriate (I) giving priority to those products that are treatment of seasonal and perishable agricul-
domestic enforcement mechanisms applicable to subject to significantly higher tariffs or subsidy tural products to be employed in the negotia-
persons from all countries participating in the regimes of major producing countries; and tions in order to develop an international con-
applicable trade agreement that prohibit such (II) providing reasonable adjustment periods sensus on the treatment of seasonal or perish-
attempts to influence acts, decisions, or omis- for United States import-sensitive products, in able agricultural products in investigations re-
sions of foreign governments; and close consultation with the Congress on such lating to dumping and safeguards and in any
(B) to ensure that such standards do not place products before initiating tariff reduction nego- other relevant area.
United States persons at a competitive disadvan- tiations; (ii) During any negotiations on agricultural
tage in international trade. (ii) reducing tariffs to levels that are the same subsidies, the United States Trade Representa-
(7) IMPROVEMENT OF THE WTO AND MULTILAT- as or lower than those in the United States; tive shall seek to establish the common base year
ERAL TRADE AGREEMENTS.—The principal nego- (iii) reducing or eliminating subsidies that de- for calculating the Aggregated Measurement of
tiating objectives of the United States regarding crease market opportunities for United States Support (as defined in the Agreement on Agri-
the improvement of the World Trade Organiza- exports or unfairly distort agriculture markets culture) as the end of each country’s Uruguay
tion, the Uruguay Round Agreements, and other to the detriment of the United States; Round implementation period, as reported in
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8989
each country’s Uruguay Round market access (ii) is appropriate to the parties, nature, sub- with parties to such agreements regarding the
schedule. ject matter, and scope of the violation; and consistency of any such agreement that includes
(iii) The negotiating objective provided in sub- (iii) has the aim of not adversely affecting trade measures with existing environmental ex-
paragraph (A) applies with respect to agricul- parties or interests not party to the dispute ceptions under Article XX of the GATT 1994;
tural matters to be addressed in any trade while maintaining the effectiveness of the en- (11) report to the Committee on Ways and
agreement entered into under section 3(a) or (b), forcement mechanism; and Means of the House of Representatives and the
including any trade agreement entered into (F) to seek provisions that treat United States Committee on Finance of the Senate, not later
under section 3(a) or (b) that provides for acces- principal negotiating objectives equally with re- than 12 months after the imposition of a penalty
sion to a trade agreement to which the United spect to— or remedy by the United States permitted by a
States is already a party, such as the North (i) the ability to resort to dispute settlement trade agreement to which this Act applies, on
American Free Trade Agreement and the United under the applicable agreement; the effectiveness of the penalty or remedy ap-
States-Canada Free Trade Agreement. (ii) the availability of equivalent dispute set- plied under United States law in enforcing
(11) LABOR AND THE ENVIRONMENT.—The prin- tlement procedures; and United States rights under the trade agreement;
cipal negotiating objectives of the United States (iii) the availability of equivalent remedies.
(13) WTO EXTENDED NEGOTIATIONS.—The and
with respect to labor and the environment are— (12) seek to establish consultative mechanisms
(A) to ensure that a party to a trade agree- principal negotiating objectives of the United
among parties to trade agreements to examine
ment with the United States does not fail to ef- States regarding trade in civil aircraft are those
the trade consequences of significant and unan-
fectively enforce its environmental or labor set forth in section 135(c) of the Uruguay Round
ticipated currency movements and to scrutinize
laws, through a sustained or recurring course of Agreements Act (19 U.S.C. 3355(c)) and regard-
whether a foreign government is engaged in a
action or inaction, in a manner affecting trade ing rules of origin are the conclusion of an
pattern of manipulating its currency to promote
between the United States and that party after agreement described in section 132 of that Act
a competitive advantage in international trade.
entry into force of a trade agreement between (19 U.S.C. 3552).
(c) PROMOTION OF CERTAIN PRIORITIES.—In The report under paragraph (11) shall address
those countries; whether the penalty or remedy was effective in
(B) to recognize that parties to a trade agree- order to address and maintain United States
competitiveness in the global economy, the changing the behavior of the targeted party and
ment retain the right to exercise discretion with whether the penalty or remedy had any adverse
respect to investigatory, prosecutorial, regu- President shall—
(1) seek greater cooperation between the WTO impact on parties or interests not party to the
latory, and compliance matters and to make de- dispute.
cisions regarding the allocation of resources to and the ILO;
(2) seek to establish consultative mechanisms (d) CONSULTATIONS.—
enforcement with respect to other labor or envi- (1) CONSULTATIONS WITH CONGRESSIONAL AD-
ronmental matters determined to have higher among parties to trade agreements to strengthen
the capacity of United States trading partners VISERS.—In the course of negotiations conducted
priorities, and to recognize that a country is ef- under this Act, the United States Trade Rep-
fectively enforcing its laws if a course of action to promote respect for core labor standards (as
defined in section 11(2)), and report to the Com- resentative shall consult closely and on a timely
or inaction reflects a reasonable exercise of such basis with, and keep fully apprised of the nego-
discretion, or results from a bona fide decision mittee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of tiations, the Congressional Oversight Group
regarding the allocation of resources; and no re- convened under section 7 and all committees of
taliation may be authorized based on the exer- the Senate on the content and operation of such
mechanisms; the House of Representatives and the Senate
cise of these rights or the right to establish do- with jurisdiction over laws that would be af-
(3) seek to establish consultative mechanisms
mestic labor standards and levels of environ- fected by a trade agreement resulting from the
among parties to trade agreements to strengthen
mental protection; negotiations.
(C) to strengthen the capacity of United the capacity of United States trading partners
to develop and implement standards for the pro- (2) CONSULTATION BEFORE AGREEMENT INI-
States trading partners to promote respect for TIALED.—In the course of negotiations con-
core labor standards (as defined in section tection of the environment and human health
based on sound science, and report to the Com- ducted under this Act, the United States Trade
11(2)); Representative shall—
(D) to strengthen the capacity of United mittee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of (A) consult closely and on a timely basis (in-
States trading partners to protect the environ- cluding immediately before initialing an agree-
ment through the promotion of sustainable de- the Senate on the content and operation of such
mechanisms; ment) with, and keep fully apprised of the nego-
velopment; tiations, the congressional advisers for trade
(E) to reduce or eliminate government prac- (4) conduct environmental reviews of future
trade and investment agreements, consistent policy and negotiations appointed under section
tices or policies that unduly threaten sustain- 161 of the Trade Act of 1974 (19 U.S.C. 2211), the
able development; with Executive Order 13141 of November 16, 1999
and its relevant guidelines, and report to the Committee on Ways and Means of the House of
(F) to seek market access, through the elimi-
Committee on Ways and Means of the House of Representatives, the Committee on Finance of
nation of tariffs and nontariff barriers, for
Representatives and the Committee on Finance the Senate, and the Congressional Oversight
United States environmental technologies,
of the Senate on such reviews; Group convened under section 7; and
goods, and services; and
(5) review the impact of future trade agree- (B) with regard to any negotiations and
(G) to ensure that labor, environmental,
ments on United States employment, modeled agreement relating to agricultural trade, also
health, or safety policies and practices of the
after Executive Order 13141, and report to the consult closely and on a timely basis (including
parties to trade agreements with the United
Committee on Ways and Means of the House of immediately before initialing an agreement)
States do not arbitrarily or unjustifiably dis-
Representatives and the Committee on Finance with, and keep fully apprised of the negotia-
criminate against United States exports or serve
of the Senate on such review; tions, the Committee on Agriculture of the
as disguised barriers to trade.
(12) DISPUTE SETTLEMENT AND ENFORCE- (6) take into account other legitimate United House of Representatives and the Committee on
MENT.—The principal negotiating objectives of States domestic objectives including, but not lim- Agriculture, Nutrition, and Forestry of the Sen-
the United States with respect to dispute settle- ited to, the protection of legitimate health or ate.
ment and enforcement of trade agreements are— safety, essential security, and consumer inter- (e) ADHERENCE TO OBLIGATIONS UNDER URU-
(A) to seek provisions in trade agreements pro- ests and the law and regulations related thereto; GUAY ROUND AGREEMENTS.—In determining
viding for resolution of disputes between govern- (7) have the Secretary of Labor consult with whether to enter into negotiations with a par-
ments under those trade agreements in an effec- any country seeking a trade agreement with the ticular country, the President shall take into ac-
tive, timely, transparent, equitable, and rea- United States concerning that country’s labor count the extent to which that country has im-
soned manner, requiring determinations based laws and provide technical assistance to that plemented, or has accelerated the implementa-
on facts and the principles of the agreements, country if needed; tion of, its obligations under the Uruguay
with the goal of increasing compliance with the (8) with respect to any trade agreement which Round Agreements.
agreements; the President seeks to implement under trade SEC. 3. TRADE AGREEMENTS AUTHORITY.
(B) to seek to strengthen the capacity of the authorities procedures, submit to the Congress a (a) AGREEMENTS REGARDING TARIFF BAR-
Trade Policy Review Mechanism of the World report describing the extent to which the coun- RIERS.—
Trade Organization to review compliance with try or countries that are parties to the agree- (1) IN GENERAL.—Whenever the President de-
commitments; ment have in effect laws governing exploitative termines that one or more existing duties or
(C) to seek provisions encouraging the early child labor; other import restrictions of any foreign country
identification and settlement of disputes (9) preserve the ability of the United States to or the United States are unduly burdening and
through consultation; enforce rigorously its trade laws, including the restricting the foreign trade of the United States
(D) to seek provisions to encourage the provi- antidumping and countervailing duty laws, and and that the purposes, policies, priorities, and
sion of trade-expanding compensation if a party avoid agreements which lessen the effectiveness objectives of this Act will be promoted thereby,
to a dispute under the agreement does not come of domestic and international disciplines on un- the President—
into compliance with its obligations under the fair trade, especially dumping and subsidies, in (A) may enter into trade agreements with for-
agreement; order to ensure that United States workers, agri- eign countries before—
(E) to seek provisions to impose a penalty cultural producers, and firms can compete fully (i) June 1, 2005; or
upon a party to a dispute under the agreement on fair terms and enjoy the benefits of recip- (ii) June 1, 2007, if trade authorities proce-
that— rocal trade concessions; dures are extended under subsection (c); and
(i) encourages compliance with the obligations (10) continue to promote consideration of mul- (B) may, subject to paragraphs (2) and (3),
of the agreement; tilateral environmental agreements and consult proclaim—
H8990 CONGRESSIONAL RECORD — HOUSE December 6, 2001
(i) such modification or continuance of any (7) AUTHORITY UNDER URUGUAY ROUND AGREE- authorities procedures should be extended to im-
existing duty, MENTS ACT NOT AFFECTED.—Nothing in this sub- plementing bills described in paragraph (1)(B),
(ii) such continuance of existing duty-free or section shall limit the authority provided to the the President shall submit to the Congress, not
excise treatment, or President under section 111(b) of the Uruguay later than March 1, 2005, a written report that
(iii) such additional duties, Round Agreements Act (19 U.S.C. 3521(b)). contains a request for such extension, together
as the President determines to be required or ap- (b) AGREEMENTS REGARDING TARIFF AND NON- with—
propriate to carry out any such trade agree- TARIFF BARRIERS.— (A) a description of all trade agreements that
ment. (1) IN GENERAL.—(A) Whenever the President have been negotiated under subsection (b) and
The President shall notify the Congress of the determines that— the anticipated schedule for submitting such
President’s intention to enter into an agreement (i) one or more existing duties or any other im- agreements to the Congress for approval;
under this subsection. port restriction of any foreign country or the (B) a description of the progress that has been
(2) LIMITATIONS.—No proclamation may be United States or any other barrier to, or other made in negotiations to achieve the purposes,
made under paragraph (1) that— distortion of, international trade unduly bur- policies, priorities, and objectives of this Act,
(A) reduces any rate of duty (other than a dens or restricts the foreign trade of the United and a statement that such progress justifies the
rate of duty that does not exceed 5 percent ad States or adversely affects the United States continuation of negotiations; and
valorem on the date of the enactment of this economy; or (C) a statement of the reasons why the exten-
Act) to a rate of duty which is less than 50 per- (ii) the imposition of any such barrier or dis- sion is needed to complete the negotiations.
cent of the rate of such duty that applies on tortion is likely to result in such a burden, re- (3) REPORT TO CONGRESS BY THE ADVISORY
such date of enactment; striction, or effect; COMMITTEE.—The President shall promptly in-
(B) notwithstanding paragraph (6), reduces and that the purposes, policies, priorities, and form the Advisory Committee for Trade Policy
the rate of duty below that applicable under the objectives of this Act will be promoted thereby, and Negotiations established under section 135
Uruguay Round Agreements, on any agricul- the President may enter into a trade agreement of the Trade Act of 1974 (19 U.S.C. 2155) of the
tural product which was the subject of tariff re- described in subparagraph (B) during the period President’s decision to submit a report to the
ductions by the United States as a result of the described in subparagraph (C). Congress under paragraph (2). The Advisory
Uruguay Round Agreements, for which the rate (B) The President may enter into a trade Committee shall submit to the Congress as soon
of duty, pursuant to such Agreements, was re- agreement under subparagraph (A) with foreign as practicable, but not later than May 1, 2005,
duced on January 1, 1995, to a rate which was countries providing for— a written report that contains—
not less than 97.5 percent of the rate of duty (i) the reduction or elimination of a duty, re- (A) its views regarding the progress that has
that applied to such article on December 31, striction, barrier, or other distortion described in been made in negotiations to achieve the pur-
1994; or subparagraph (A), or poses, policies, priorities, and objectives of this
(C) increases any rate of duty above the rate (ii) the prohibition of, or limitation on the im- Act; and
that applied on the date of the enactment of this position of, such barrier or other distortion. (B) a statement of its views, and the reasons
Act. (C) The President may enter into a trade therefore, regarding whether the extension re-
(3) AGGREGATE REDUCTION; EXEMPTION FROM agreement under this paragraph before— quested under paragraph (2) should be approved
STAGING.— (i) June 1, 2005; or or disapproved.
(A) AGGREGATE REDUCTION.—Except as pro- (ii) June 1, 2007, if trade authorities proce- (4) STATUS OF REPORTS.—The reports sub-
vided in subparagraph (B), the aggregate reduc- dures are extended under subsection (c). mitted to the Congress under paragraphs (2) and
tion in the rate of duty on any article which is (2) CONDITIONS.—A trade agreement may be (3), or any portion of such reports, may be clas-
in effect on any day pursuant to a trade agree- entered into under this subsection only if such sified to the extent the President determines ap-
ment entered into under paragraph (1) shall not agreement makes progress in meeting the appli- propriate.
exceed the aggregate reduction which would cable objectives described in section 2(a) and (b) (5) EXTENSION DISAPPROVAL RESOLUTIONS.—
have been in effect on such day if— and the President satisfies the conditions set (A) For purposes of paragraph (1), the term ‘‘ex-
(i) a reduction of 3 percent ad valorem or a re- forth in section 4. tension disapproval resolution’’ means a resolu-
duction of one-tenth of the total reduction, (3) BILLS QUALIFYING FOR TRADE AUTHORITIES tion of either House of the Congress, the sole
whichever is greater, had taken effect on the ef- PROCEDURES.—(A) The provisions of section 151 matter after the resolving clause of which is as
fective date of the first reduction proclaimed of the Trade Act of 1974 (in this Act referred to follows: ‘‘That the ll disapproves the request
under paragraph (1) to carry out such agree- as ‘‘trade authorities procedures’’) apply to a of the President for the extension, under section
ment with respect to such article; and bill of either House of Congress which contains 3(c)(1)(B)(i) of the Bipartisan Trade Promotion
(ii) a reduction equal to the amount applica- provisions described in subparagraph (B) to the Authority Act of 2001, of the trade authorities
ble under clause (i) had taken effect at 1-year same extent as such section 151 applies to imple- procedures under that Act to any implementing
intervals after the effective date of such first re- menting bills under that section. A bill to which bill submitted with respect to any trade agree-
duction. this paragraph applies shall hereafter in this ment entered into under section 3(b) of that Act
(B) EXEMPTION FROM STAGING.—No staging is Act be referred to as an ‘‘implementing bill’’. after June 30, 2005.’’, with the blank space being
required under subparagraph (A) with respect to (B) The provisions referred to in subpara- filled with the name of the resolving House of
a duty reduction that is proclaimed under para- graph (A) are— the Congress.
graph (1) for an article of a kind that is not pro- (i) a provision approving a trade agreement (B) Extension disapproval resolutions—
duced in the United States. The United States entered into under this subsection and approv- (i) may be introduced in either House of the
International Trade Commission shall advise the ing the statement of administrative action, if Congress by any member of such House; and
President of the identity of articles that may be any, proposed to implement such trade agree- (ii) shall be referred, in the House of Rep-
exempted from staging under this subparagraph. ment; and resentatives, to the Committee on Ways and
(4) ROUNDING.—If the President determines (ii) if changes in existing laws or new statu- Means and, in addition, to the Committee on
that such action will simplify the computation tory authority are required to implement such Rules.
of reductions under paragraph (3), the President trade agreement or agreements, provisions, nec- (C) The provisions of section 152(d) and (e) of
may round an annual reduction by an amount essary or appropriate to implement such trade the Trade Act of 1974 (19 U.S.C. 2192(d) and (e))
equal to the lesser of— agreement or agreements, either repealing or (relating to the floor consideration of certain
(A) the difference between the reduction with- amending existing laws or providing new statu- resolutions in the House and Senate) apply to
out regard to this paragraph and the next lower tory authority. extension disapproval resolutions.
whole number; or (c) EXTENSION DISAPPROVAL PROCESS FOR (D) It is not in order for—
(B) one-half of 1 percent ad valorem. CONGRESSIONAL TRADE AUTHORITIES PROCE- (i) the Senate to consider any extension dis-
(5) OTHER LIMITATIONS.—A rate of duty re- DURES.— approval resolution not reported by the Com-
duction that may not be proclaimed by reason of (1) IN GENERAL.—Except as provided in section mittee on Finance;
paragraph (2) may take effect only if a provi- 5(b)— (ii) the House of Representatives to consider
sion authorizing such reduction is included (A) the trade authorities procedures apply to any extension disapproval resolution not re-
within an implementing bill provided for under implementing bills submitted with respect to ported by the Committee on Ways and Means
section 5 and that bill is enacted into law. trade agreements entered into under subsection and, in addition, by the Committee on Rules; or
(6) OTHER TARIFF MODIFICATIONS.—Notwith- (b) before July 1, 2005; and (iii) either House of the Congress to consider
standing paragraphs (1)(B), (2)(A), (2)(C), and (B) the trade authorities procedures shall be an extension disapproval resolution after June
(3) through (5), and subject to the consultation extended to implementing bills submitted with 30, 2005.
and layover requirements of section 115 of the respect to trade agreements entered into under (d) COMMENCEMENT OF NEGOTIATIONS.—In
Uruguay Round Agreements Act, the President subsection (b) after June 30, 2005, and before order to contribute to the continued economic
may proclaim the modification of any duty or July 1, 2007, if (and only if)— expansion of the United States, the President
staged rate reduction of any duty set forth in (i) the President requests such extension shall commence negotiations covering tariff and
Schedule XX, as defined in section 2(5) of that under paragraph (2); and nontariff barriers affecting any industry, prod-
Act, if the United States agrees to such modi- (ii) neither House of the Congress adopts an uct, or service sector, and expand existing sec-
fication or staged rate reduction in a negotia- extension disapproval resolution under para- toral agreements to countries that are not par-
tion for the reciprocal elimination or harmoni- graph (5) before June 1, 2005. ties to those agreements, in cases where the
zation of duties under the auspices of the World (2) REPORT TO CONGRESS BY THE PRESIDENT.— President determines that such negotiations are
Trade Organization. If the President is of the opinion that the trade feasible and timely and would benefit the
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8991
United States. Such sectors include agriculture, (II) whether the products so identified face (f) ITC ASSESSMENT.—
commercial services, intellectual property rights, unjustified sanitary or phytosanitary restric- (1) IN GENERAL.—The President, at least 90
industrial and capital goods, government pro- tions, including those not based on scientific calendar days before the day on which the
curement, information technology products, en- principles in contravention of the Uruguay President enters into a trade agreement under
vironmental technology and services, medical Round Agreements; section 3(b), shall provide the International
equipment and services, civil aircraft, and infra- (iii) request that the International Trade Com- Trade Commission (referred to in this subsection
structure products. In so doing, the President mission prepare an assessment of the probable as ‘‘the Commission’’) with the details of the
shall take into account all of the principal nego- economic effects of any such tariff reduction on agreement as it exists at that time and request
tiating objectives set forth in section 2(b). the United States industry producing the prod- the Commission to prepare and submit an as-
SEC. 4. CONSULTATIONS AND ASSESSMENT. uct concerned and on the United States econ- sessment of the agreement as described in para-
(a) NOTICE AND CONSULTATION BEFORE NEGO- omy as a whole; and graph (2). Between the time the President makes
TIATION.—The President, with respect to any (iv) upon complying with clauses (i), (ii), and the request under this paragraph and the time
agreement that is subject to the provisions of (iii), notify the Committee on Ways and Means the Commission submits the assessment, the
section 3(b), shall— and the Committee on Agriculture of the House President shall keep the Commission current
(1) provide, at least 90 calendar days before of Representatives and the Committee on Fi- with respect to the details of the agreement.
initiating negotiations, written notice to the nance and the Committee on Agriculture, Nutri-
Congress of the President’s intention to enter (2) ITC ASSESSMENT.—Not later than 90 cal-
tion, and Forestry of the Senate of those prod- endar days after the President enters into the
into the negotiations and set forth therein the ucts identified under clause (i) for which the
date the President intends to initiate such nego- agreement, the Commission shall submit to the
Trade Representative intends to seek tariff liber- President and the Congress a report assessing
tiations, the specific United States objectives for alization in the negotiations and the reasons for
the negotiations, and whether the President in- the likely impact of the agreement on the United
seeking such tariff liberalization. States economy as a whole and on specific in-
tends to seek an agreement, or changes to an ex- (B) If, after negotiations described in subpara-
isting agreement; dustry sectors, including the impact the agree-
graph (A) are commenced—
(2) before and after submission of the notice, (i) the United States Trade Representative ment will have on the gross domestic product,
consult regarding the negotiations with the identifies any additional agricultural product exports and imports, aggregate employment and
Committee on Finance of the Senate and the described in subparagraph (A)(i) for tariff re- employment opportunities, the production, em-
Committee on Ways and Means of the House of ductions which were not the subject of a notifi- ployment, and competitive position of industries
Representatives, such other committees of the cation under subparagraph (A)(iv), or likely to be significantly affected by the agree-
House and Senate as the President deems appro- (ii) any additional agricultural product de- ment, and the interests of United States con-
priate, and the Congressional Oversight Group scribed in subparagraph (A)(i) is the subject of sumers.
convened under section 7; and a request for tariff reductions by a party to the (3) REVIEW OF EMPIRICAL LITERATURE.—In
(3) upon the request of a majority of the mem- negotiations, preparing the assessment, the Commission shall
bers of the Congressional Oversight Group the Trade Representative shall, as soon as prac- review available economic assessments regarding
under section 7(c), meet with the Congressional ticable, notify the committees referred to in sub- the agreement, including literature regarding
Oversight Group before initiating the negotia- paragraph (A)(iv) of those products and the rea- any substantially equivalent proposed agree-
tions or at any other time concerning the nego- sons for seeking such tariff reductions. ment, and shall provide in its assessment a de-
tiations. (c) NEGOTIATIONS REGARDING TEXTILES.—Be- scription of the analyses used and conclusions
(b) NEGOTIATIONS REGARDING AGRICULTURE.— drawn in such literature, and a discussion of
(1) IN GENERAL.—Before initiating or con- fore initiating or continuing negotiations the
tinuing negotiations the subject matter of which subject matter of which is directly related to tex- areas of consensus and divergence between the
is directly related to the subject matter under tiles and apparel products with any country, various analyses and conclusions, including
section 2(b)(10)(A)(i) with any country, the the President shall assess whether United States those of the Commission regarding the agree-
President shall assess whether United States tariffs on textile and apparel products that were ment.
tariffs on agricultural products that were bound bound under the Uruguay Round Agreements SEC. 5. IMPLEMENTATION OF TRADE AGREE-
under the Uruguay Round Agreements are lower are lower than the tariffs bound by that country MENTS.
than the tariffs bound by that country. In addi- and whether the negotiation provides an oppor- (a) IN GENERAL.—
tion, the President shall consider whether the tunity to address any such disparity. The Presi- (1) NOTIFICATION AND SUBMISSION.—Any
tariff levels bound and applied throughout the dent shall consult with the Committee on Ways agreement entered into under section 3(b) shall
world with respect to imports from the United and Means of the House of Representatives and enter into force with respect to the United States
States are higher than United States tariffs and the Committee on Finance of the Senate con- if (and only if)—
whether the negotiation provides an oppor- cerning the results of the assessment, whether it (A) the President, at least 90 calendar days
tunity to address any such disparity. The Presi- is appropriate for the United States to agree to before the day on which the President enters
dent shall consult with the Committee on Ways further tariff reductions based on the conclu- into the trade agreement, notifies the House of
and Means and the Committee on Agriculture of sions reached in the assessment, and how all ap- Representatives and the Senate of the Presi-
the House of Representatives and the Committee plicable negotiating objectives will be met. dent’s intention to enter into the agreement,
(d) CONSULTATION WITH CONGRESS BEFORE and promptly thereafter publishes notice of such
on Finance and the Committee on Agriculture,
AGREEMENTS ENTERED INTO.— intention in the Federal Register;
Nutrition, and Forestry of the Senate con- (1) CONSULTATION.—Before entering into any
cerning the results of the assessment, whether it (B) within 60 days after entering into the
trade agreement under section 3(b), the Presi-
is appropriate for the United States to agree to agreement, the President submits to the Con-
dent shall consult with—
further tariff reductions based on the conclu- (A) the Committee on Ways and Means of the gress a description of those changes to existing
sions reached in the assessment, and how all ap- House of Representatives and the Committee on laws that the President considers would be re-
plicable negotiating objectives will be met. Finance of the Senate; quired in order to bring the United States into
(2) SPECIAL CONSULTATIONS ON IMPORT SEN- (B) each other committee of the House and the compliance with the agreement;
SITIVE PRODUCTS.—(A) Before initiating negotia- Senate, and each joint committee of the Con- (C) after entering into the agreement, the
tions with regard to agriculture, and, with re- gress, which has jurisdiction over legislation in- President submits to the Congress, on a day on
spect to the Free Trade Area for the Americas volving subject matters which would be affected which both Houses of Congress are in session, a
and negotiations with regard to agriculture by the trade agreement; and copy of the final legal text of the agreement, to-
under the auspices of the World Trade Organi- (C) the Congressional Oversight Group con- gether with—
zation, as soon as practicable after the enact- vened under section 7. (i) a draft of an implementing bill described in
ment of this Act, the United States Trade Rep- (2) SCOPE.—The consultation described in section 3(b)(3);
resentative shall— paragraph (1) shall include consultation with (ii) a statement of any administrative action
(i) identify those agricultural products subject respect to— proposed to implement the trade agreement; and
to tariff reductions by the United States as a re- (A) the nature of the agreement; (iii) the supporting information described in
sult of the Uruguay Round Agreements, for (B) how and to what extent the agreement
paragraph (2); and
which the rate of duty was reduced on January will achieve the applicable purposes, policies,
priorities, and objectives of this Act; and (D) the implementing bill is enacted into law.
1, 1995, to a rate which was not less than 97.5
(C) the implementation of the agreement (2) SUPPORTING INFORMATION.—The sup-
percent of the rate of duty that applied to such
under section 5, including the general effect of porting information required under paragraph
article on December 31, 1994;
(ii) consult with the Committee on Ways and the agreement on existing laws. (1)(C)(iii) consists of—
Means and the Committee on Agriculture of the (e) ADVISORY COMMITTEE REPORTS.—The re- (A) an explanation as to how the imple-
House of Representatives and the Committee on port required under section 135(e)(1) of the menting bill and proposed administrative action
Finance and the Committee on Agriculture, Nu- Trade Act of 1974 regarding any trade agree- will change or affect existing law; and
trition, and Forestry of the Senate concerning— ment entered into under section 3(a) or (b) of (B) a statement—
(I) whether any further tariff reductions on this Act shall be provided to the President, the (i) asserting that the agreement makes
the products identified under clause (i) should Congress, and the United States Trade Rep- progress in achieving the applicable purposes,
be appropriate, taking into account the impact resentative not later than 30 days after the date policies, priorities, and objectives of this Act;
of any such tariff reduction on the United on which the President notifies the Congress and
States industry producing the product con- under section 3(a)(1) or 5(a)(1)(A) of the Presi- (ii) setting forth the reasons of the President
cerned; and dent’s intention to enter into the agreement. regarding—
H8992 CONGRESSIONAL RECORD — HOUSE December 6, 2001
(I) how and to what extent the agreement (I) may be introduced by any Member of the (2) MEMBERSHIP FROM THE HOUSE.—In each
makes progress in achieving the applicable pur- House; Congress, the Congressional Oversight Group
poses, policies, and objectives referred to in (II) shall be referred to the Committee on shall be comprised of the following Members of
clause (i); Ways and Means and, in addition, to the Com- the House of Representatives:
(II) whether and how the agreement changes mittee on Rules; and (A) The chairman and ranking member of the
provisions of an agreement previously nego- (III) may not be amended by either Committee; Committee on Ways and Means, and 3 addi-
tiated; and tional members of such Committee (not more
(III) how the agreement serves the interests of (ii) in the Senate may be introduced by any than 2 of whom are members of the same polit-
United States commerce; Member of the Senate. ical party).
(IV) how the implementing bill meets the (B) The provisions of section 152(d) and (e) of (B) The chairman and ranking member, or
standards set forth in section 3(b)(3); and the Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) their designees, of the committees of the House
(V) how and to what extent the agreement (relating to the floor consideration of certain of Representatives which would have, under the
makes progress in achieving the applicable pur- resolutions in the House and Senate) apply to a Rules of the House of Representatives, jurisdic-
poses, policies, and objectives referred to in sec- procedural disapproval resolution introduced tion over provisions of law affected by a trade
tion 2(c) regarding the promotion of certain pri- with respect to a trade agreement if no other agreement negotiations for which are conducted
orities. procedural disapprovement resolution with re- at any time during that Congress and to which
(3) RECIPROCAL BENEFITS.—In order to ensure spect to that trade agreement has previously this Act would apply.
that a foreign country that is not a party to a been considered under such provisions of section (3) MEMBERSHIP FROM THE SENATE.—In each
trade agreement entered into under section 3(b) 152 of the Trade Act of 1974 in that House of Congress, the Congressional Oversight Group
does not receive benefits under the agreement Congress during that Congress’’. shall also be comprised of the following members
unless the country is also subject to the obliga- (C) It is not in order for the House of Rep- of the Senate:
tions under the agreement, the implementing bill resentatives to consider any procedural dis- (A) The chairman and ranking Member of the
submitted with respect to the agreement shall approval resolution not reported by the Com- Committee on Finance and 3 additional members
provide that the benefits and obligations under mittee on Ways and Means and, in addition, by of such Committee (not more than 2 of whom are
the agreement apply only to the parties to the the Committee on Rules. members of the same political party).
(B) The chairman and ranking member, or
agreement, if such application is consistent with (c) RULES OF HOUSE OF REPRESENTATIVES AND
their designees, of the committees of the Senate
the terms of the agreement. The implementing SENATE.—Subsection (b) of this section and sec-
which would have, under the Rules of the Sen-
bill may also provide that the benefits and obli- tion 3(c) are enacted by the Congress—
(1) as an exercise of the rulemaking power of ate, jurisdiction over provisions of law affected
gations under the agreement do not apply uni-
by a trade agreement negotiations for which are
formly to all parties to the agreement, if such the House of Representatives and the Senate, re-
conducted at any time during that Congress and
application is consistent with the terms of the spectively, and as such are deemed a part of the
to which this Act would apply.
agreement. rules of each House, respectively, and such pro- (4) ACCREDITATION.—Each member of the Con-
(b) LIMITATIONS ON TRADE AUTHORITIES PRO- cedures supersede other rules only to the extent gressional Oversight Group described in para-
CEDURES.— that they are inconsistent with such other rules; graph (2)(A) and (3)(A) shall be accredited by
(1) FOR LACK OF NOTICE OR CONSULTATIONS.— and the United States Trade Representative on be-
(A) IN GENERAL.—The trade authorities proce- (2) with the full recognition of the constitu-
half of the President as official advisers to the
dures shall not apply to any implementing bill tional right of either House to change the rules
United States delegation in negotiations for any
submitted with respect to a trade agreement or (so far as relating to the procedures of that
trade agreement to which this Act applies. Each
trade agreements entered into under section 3(b) House) at any time, in the same manner, and to
member of the Congressional Oversight Group
if during the 60-day period beginning on the the same extent as any other rule of that House.
described in paragraph (2)(B) and (3)(B) shall
date that one House of Congress agrees to a pro- SEC. 6. TREATMENT OF CERTAIN TRADE AGREE-
be accredited by the United States Trade Rep-
cedural disapproval resolution for lack of notice MENTS FOR WHICH NEGOTIATIONS
HAVE ALREADY BEGUN. resentative on behalf of the President as official
or consultations with respect to such trade
advisers to the United States delegation in the
agreement or agreements, the other House sepa- (a) CERTAIN AGREEMENTS.—Notwithstanding
negotiations by reason of which the member is
rately agrees to a procedural disapproval resolu- section 3(b)(2), if an agreement to which section
in the Congressional Oversight Group. The Con-
tion with respect to such trade agreement or 3(b) applies—
(1) is entered into under the auspices of the gressional Oversight Group shall consult with
agreements.
World Trade Organization, and provide advice to the Trade Representative
(B) PROCEDURAL DISAPPROVAL RESOLU-
(2) is entered into with Chile, regarding the formulation of specific objectives,
TION.—(i) For purposes of this paragraph, the
(3) is entered into with Singapore, or negotiating strategies and positions, the devel-
term ‘‘procedural disapproval resolution’’ means
(4) establishes a Free Trade Area for the opment of the applicable trade agreement, and
a resolution of either House of Congress, the
Americas, compliance and enforcement of the negotiated
sole matter after the resolving clause of which is
and results from negotiations that were com- commitments under the trade agreement.
as follows: ‘‘That the President has failed or re- (5) CHAIR.—The Congressional Oversight
fused to notify or consult in accordance with menced before the date of the enactment of this
Act, subsection (b) shall apply. Group shall be chaired by the Chairman of the
the Bipartisan Trade Promotion Authority Act Committee on Ways and Means of the House of
of 2001 on negotiations with respect to (b) TREATMENT OF AGREEMENTS.—In the case
of any agreement to which subsection (a) ap- Representatives and the Chairman of the Com-
llllll and, therefore, the trade authori- mittee on Finance of the Senate.
ties procedures under that Act shall not apply plies—
(1) the applicability of the trade authorities (b) GUIDELINES.—
to any implementing bill submitted with respect (1) PURPOSE AND REVISION.—The United
to that trade agreement or agreements.’’, with procedures to implementing bills shall be deter-
States Trade Representative, in consultation
the blank space being filled with a description mined without regard to the requirements of sec-
with the chairmen and ranking minority mem-
of the trade agreement or agreements with re- tion 4(a) (relating only to 90 days notice prior to
bers of the Committee on Ways and Means of
spect to which the President is considered to initiating negotiations), and any procedural dis-
the House of Representatives and the Committee
have failed or refused to notify or consult. approval resolution under section 5(b)(1)(B)
on Finance of the Senate—
(ii) For purposes of clause (i), the President shall not be in order on the basis of a failure or (A) shall, within 120 days after the date of the
has ‘‘failed or refused to notify or consult in ac- refusal to comply with the provisions of section enactment of this Act, develop written guide-
cordance with the Bipartisan Trade Promotion 4(a); and lines to facilitate the useful and timely exchange
Authority Act of 2001’’ on negotiations with re- (2) the President shall, as soon as feasible
of information between the Trade Representa-
spect to a trade agreement or trade agreements after the enactment of this Act—
tive and the Congressional Oversight Group es-
if— (A) notify the Congress of the negotiations de-
tablished under this section; and
(I) the President has failed or refused to con- scribed in subsection (a), the specific United (B) may make such revisions to the guidelines
sult (as the case may be) in accordance with sec- States objectives in the negotiations, and wheth- as may be necessary from time to time.
tion 4 or 5 with respect to the negotiations, er the President is seeking a new agreement or (2) CONTENT.—The guidelines developed under
agreement, or agreements; changes to an existing agreement; and paragraph (1) shall provide for, among other
(II) guidelines under section 7(b) have not (B) before and after submission of the notice, things—
been developed or met with respect to the nego- consult regarding the negotiations with the com- (A) regular, detailed briefings of the Congres-
tiations, agreement, or agreements; mittees referred to in section 4(a)(2) and the sional Oversight Group regarding negotiating
(III) the President has not met with the Con- Congressional Oversight Group. objectives, including the promotion of certain
gressional Oversight Group pursuant to a re- SEC. 7. CONGRESSIONAL OVERSIGHT GROUP. priorities referred to in section 2(c), and posi-
quest made under section 7(c) with respect to (a) MEMBERS AND FUNCTIONS.— tions and the status of the applicable negotia-
the negotiations, agreement, or agreements; or (1) IN GENERAL.—By not later than 60 days tions, beginning as soon as practicable after the
(IV) the agreement or agreements fail to make after the date of the enactment of this Act, and Congressional Oversight Group is convened,
progress in achieving the purposes, policies, pri- not later than 30 days after the convening of with more frequent briefings as trade negotia-
orities, and objectives of this Act. each Congress, the chairman of the Committee tions enter the final stage;
(2) PROCEDURES FOR CONSIDERING RESOLU- on Ways and Means of the House of Represent- (B) access by members of the Congressional
TIONS.—(A) Procedural disapproval resolu- atives and the chairman of the Committee on Fi- Oversight Group, and staff with proper security
tions— nance of the Senate shall convene the Congres- clearances, to pertinent documents relating to
(i) in the House of Representatives— sional Oversight Group. the negotiations, including classified materials;
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8993
(C) the closest practicable coordination be- (2) ADVICE FROM INTERNATIONAL TRADE COM- (2) CORE LABOR STANDARDS.—The term ‘‘core
tween the Trade Representative and the Con- MISSION.—Section 131 (19 U.S.C. 2151) is amend- labor standards’’ means—
gressional Oversight Group at all critical periods ed— (A) the right of association;
during the negotiations, including at negotia- (A) in subsection (a)— (B) the right to organize and bargain collec-
tion sites; and (i) in paragraph (1), by striking ‘‘section 123 tively;
(D) after the applicable trade agreement is of this Act or section 1102 (a) or (c) of the Omni- (C) a prohibition on the use of any form of
concluded, consultation regarding ongoing com- bus Trade and Competitiveness Act of 1988,’’ forced or compulsory labor;
pliance and enforcement of negotiated commit- and inserting ‘‘section 123 of this Act or section (D) a minimum age for the employment of
ments under the trade agreement. 3(a) or (b) of the Bipartisan Trade Promotion children; and
(c) REQUEST FOR MEETING.—Upon the request Authority Act of 2001,’’; and (E) acceptable conditions of work with respect
of a majority of the Congressional Oversight (ii) in paragraph (2), by striking ‘‘section 1102 to minimum wages, hours of work, and occupa-
Group, the President shall meet with the Con- (b) or (c) of the Omnibus Trade and Competi- tional safety and health.
gressional Oversight Group before initiating ne- tiveness Act of 1988’’ and inserting ‘‘section 3(b) (3) GATT 1994.—The term ‘‘GATT 1994’’ has
gotiations with respect to a trade agreement, or of the Bipartisan Trade Promotion Authority the meaning given that term in section 2 of the
at any other time concerning the negotiations. Act of 2001’’; Uruguay Round Agreements Act (19 U.S.C.
SEC. 8. ADDITIONAL IMPLEMENTATION AND EN- (B) in subsection (b), by striking ‘‘section
FORCEMENT REQUIREMENTS.
3501).
1102(a)(3)(A)’’ and inserting ‘‘section 3(a)(3)(A) (4) ILO.—The term ‘‘ILO’’ means the Inter-
(a) IN GENERAL.—At the time the President of the Bipartisan Trade Promotion Authority
submits to the Congress the final text of an national Labor Organization.
Act of 2001’’; and
agreement pursuant to section 5(a)(1)(C), the (5) UNITED STATES PERSON.—The term ‘‘United
(C) in subsection (c), by striking ‘‘section 1102
President shall also submit a plan for imple- States person’’ means—
of the Omnibus Trade and Competitiveness Act
menting and enforcing the agreement. The im- (A) a United States citizen;
of 1988,’’ and inserting ‘‘section 3 of the Bipar-
plementation and enforcement plan shall in- (B) a partnership, corporation, or other legal
tisan Trade Promotion Authority Act of 2001,’’.
clude the following: entity organized under the laws of the United
(3) HEARINGS AND ADVICE.—Sections 132,
(1) BORDER PERSONNEL REQUIREMENTS.—A de- States; and
133(a), and 134(a) (19 U.S.C. 2152, 2153(a), and
scription of additional personnel required at 2154(a)) are each amended by striking ‘‘section (C) a partnership, corporation, or other legal
border entry points, including a list of addi- 1102 of the Omnibus Trade and Competitiveness entity that is organized under the laws of a for-
tional customs and agricultural inspectors. Act of 1988,’’ each place it appears and inserting eign country and is controlled by entities de-
(2) AGENCY STAFFING REQUIREMENTS.—A de- ‘‘section 3 of the Bipartisan Trade Promotion scribed in subparagraph (B) or United States
scription of additional personnel required by Authority Act of 2001,’’. citizens, or both.
Federal agencies responsible for monitoring and (4) PREREQUISITES FOR OFFERS.—Section (6) URUGUAY ROUND AGREEMENTS.—The term
implementing the trade agreement, including 134(b) (19 U.S.C. 2154(b)) is amended by striking ‘‘Uruguay Round Agreements’’ has the meaning
personnel required by the Office of the United ‘‘section 1102 of the Omnibus Trade and Com- given that term in section 2(7) of the Uruguay
States Trade Representative, the Department of petitiveness Act of 1988’’ and inserting ‘‘section Round Agreements Act (19 U.S.C. 3501(7)).
Commerce, the Department of Agriculture (in- 3 of the Bipartisan Trade Promotion Authority (7) WORLD TRADE ORGANIZATION; WTO.—The
cluding additional personnel required to imple- Act of 2001’’. terms ‘‘World Trade Organization’’ and ‘‘WTO’’
ment sanitary and phytosanitary measures in (5) ADVICE FROM PRIVATE AND PUBLIC SEC- mean the organization established pursuant to
order to obtain market access for United States TORS.—Section 135 (19 U.S.C. 2155) is amended— the WTO Agreement.
exports), the Department of the Treasury, and (A) in subsection (a)(1)(A), by striking ‘‘sec- (8) WTO AGREEMENT.—The term ‘‘WTO Agree-
such other agencies as may be necessary. tion 1102 of the Omnibus Trade and Competi- ment’’ means the Agreement Establishing the
(3) CUSTOMS INFRASTRUCTURE REQUIRE- World Trade Organization entered into on April
tiveness Act of 1988’’ and inserting ‘‘section 3 of
MENTS.—A description of the additional equip- 15, 1994.
the Bipartisan Trade Promotion Authority Act
ment and facilities needed by the United States
of 2001’’; The SPEAKER pro tempore. The gen-
Customs Service.
(4) IMPACT ON STATE AND LOCAL GOVERN- (B) in subsection (e)(1)— tleman from California (Mr. THOMAS)
MENTS.—A description of the impact the trade
(i) by striking ‘‘section 1102 of the Omnibus and the gentleman from New York (Mr.
agreement will have on State and local govern- Trade and Competitiveness Act of 1988’’ each
place it appears and inserting ‘‘section 3 of the
RANGEL) each will control 30 minutes.
ments as a result of increases in trade. The Chair recognizes the gentleman
(5) COST ANALYSIS.—An analysis of the costs Bipartisan Trade Promotion Authority Act of
2001’’; and from California (Mr. THOMAS).
associated with each of the items listed in para-
graphs (1) through (4). (ii) by striking ‘‘section 1103(a)(1)(A) of such Mr. THOMAS. Mr. Speaker, I yield
(b) BUDGET SUBMISSION.—The President shall Act of 1988’’ and inserting ‘‘section 5(a)(1)(A) of myself such time as I may consume.
include a request for the resources necessary to the Bipartisan Trade Promotion Authority Act Any bill of this magnitude that
support the plan described in subsection (a) in of 2001’’; and
comes to the floor will always have a
the first budget that the President submits to the (C) in subsection (e)(2), by striking ‘‘section
1101 of the Omnibus Trade and Competitiveness history of would have, could have,
Congress after the submission of the plan. should have; but what is more difficult
SEC. 9. COMMITTEE STAFF. Act of 1988’’ and inserting ‘‘section 2 of the Bi-
partisan Trade Promotion Authority Act of about this bill than most is that my
The grant of trade promotion authority under
this Act is likely to increase the activities of the 2001’’. colleagues on the other side of the aisle
primary committees of jurisdiction in the area of (6) TRANSMISSION OF AGREEMENTS TO CON- have been forced to diminish the con-
GRESS.—Section 162(a) (19 U.S.C. 2212(a)) is tribution from my colleague, the gen-
international trade. In addition, the creation of
the Congressional Oversight Group under sec- amended by striking ‘‘or under section 1102 of tleman from California (Mr. DOOLEY),
the Omnibus Trade and Competitiveness Act of
tion 7 will increase the participation of a broad- the very brave and knowledgeable
er number of Members of Congress in the formu- 1988’’ and inserting ‘‘or under section 3 of the
Bipartisan Trade Promotion Authority Act of members of the Committee on Ways
lation of United States trade policy and over- and Means, the gentleman from Ten-
sight of the international trade agenda for the 2001’’.
(b) APPLICATION OF CERTAIN PROVISIONS.— nessee (Mr. TANNER), and the gen-
United States. The primary committees of juris-
diction should have adequate staff to accommo- For purposes of applying sections 125, 126, and tleman from Louisiana (Mr. JEFFER-
date these increases in activities. 127 of the Trade Act of 1974 (19 U.S.C. 2135, SON).
SEC. 10. CONFORMING AMENDMENTS.
2136(a), and 2137)— Both the gentleman from Tennessee
(1) any trade agreement entered into under (Mr. TANNER) and the gentleman from
(a) IN GENERAL.—Title I of the Trade Act of
section 3 shall be treated as an agreement en-
1974 (19 U.S.C. 2111 et seq.) is amended as fol- Louisiana (Mr. JEFFERSON) are mem-
tered into under section 101 or 102, as appro-
lows: bers of the Subcommittee on Trade of
(1) IMPLEMENTING BILL.— priate, of the Trade Act of 1974 (19 U.S.C. 2111
or 2112); and the Committee on Ways and Means,
(A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is
amended by striking ‘‘section 1103(a)(1) of the (2) any proclamation or Executive order issued that subcommittee that deals on an on-
Omnibus Trade and Competitiveness Act of 1988, pursuant to a trade agreement entered into going, everyday basis with this issue.
or section 282 of the Uruguay Round Agree- under section 3 shall be treated as a proclama- They are among the most knowledge-
ments Act’’ and inserting ‘‘section 282 of the tion or Executive order issued pursuant to a able in the House. But because some of
Uruguay Round Agreements Act, or section trade agreement entered into under section 102 my friends on the other side are so
5(a)(1) of the Bipartisan Trade Promotion Au- of the Trade Act of 1974.
driven to deny the President the use of
thority Act of 2001’’. SEC. 11. DEFINITIONS.
this legislative tool, that somehow the
(B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is In this Act:
fact that the gentleman from Michigan
amended by striking ‘‘or section 282 of the Uru- (1) AGREEMENT ON AGRICULTURE.—The term
guay Round Agreements Act’’ and inserting ‘‘, ‘‘Agreement on Agriculture’’ means the agree- (Mr. LEVIN), working with the gen-
section 282 of the Uruguay Round Agreements ment referred to in section 101(d)(2) of the Uru- tleman from Nebraska (Mr. BEREUTER),
Act, or section 5(a)(1) of the Bipartisan Trade guay Round Agreements Act (19 U.S.C. someone who is not on the Committee
Promotion Authority Act of 2001’’. 3511(d)(2)). on Ways and Means, is to be held up as
H8994 CONGRESSIONAL RECORD — HOUSE December 6, 2001
an example of the way we should oper- a little about intellectual property, but ating opportunities for every sector of the
ate, but when members of the Com- it was basically about tariffs and American economy. But the President can
mittee on Ways and Means get to- quotas. strike the best deal for American workers
and families only with approval of TPA.
gether to work on this problem, that is This next round, the round that we
TPA’s enactment will send a powerful signal
a model to blast, to argue it is not bi- just witnessed in Doha, the beginning to our trading partners that the United
partisan, to argue the product is not of, will be a round in which we not only States is committed to free and open trade.
any good and whether they mean to or talk about tariffs and quotas, which TPA is also essential to put the United
not. will be a small part of it, but it will be States back at the table to help set the rules
I took this time at the beginning, re- about antitrust laws. It will be about of the trading game. Our global influence di-
gardless of what the vote is at the end, food safety laws. It will be about minished in recent years as other countries
to thank the gentleman from Cali- changes in hundreds of government moved ahead while we have been stalled.
There are currently more than 130 free trade
fornia (Mr. DOOLEY), to thank the gen- regulations in the United States. agreements in the world. The United States
tleman from Tennessee (Mr. JEFFER- The United States Trade Representa- is party to only three.
SON), to thank the gentleman from tive will be able to go through the back The Bush Administration is committed to
Louisiana (Mr. TANNER), and to thank door, through the World Trade Organi- consultations with Congress to help ensure
their staffs. For almost 5 months we zation, and make major changes in do- that the Administration’s negotiating objec-
have worked on what was said to be an mestic regulations and domestic laws; tives reflect the views of our elected rep-
impossible project, to resolve the dif- and if my colleagues think these vol- resentatives, and that they will have regular
opportunities to provide advice throughout
ferences that drove us not to provide umes are big, wait till we see 4 or 5
the negotiating process. H.R. 3005 deepens
this power to the President previously. years from now when these negotia- the traditional partnership between the Ex-
I voted for that. I will vote it for any tions are continued. We will see a vol- ecutive branch and the Congress through the
President, but to trash my colleagues ume four or five times larger than this, creation of a joint Congressional Oversight
who are powerful enough in terms of and we will have 4 hours of debate on Group with broad bipartisan representation
their belief that something needed to the floor of the House, and we have to from all the Committees that have jurisdic-
be done, for my colleagues to carry the vote yes or no; and I will guarantee my tion over a part of a trade negotiation.
colleagues they will not know for 2 or Without TPA, the United States will fall
day by defeating this is unworthy of
behind in shaping the rules of globalization,
any Member. 3 years what will be in this legislation. our new momentum for trade will be under-
Attack me, I understand it. I am one We might find that there will be a cut, and the confidence and growth nec-
of the targets and the symbols; but do situation where basically we will be essary for economic recovery will be weak-
not, do not, do not derogate the con- making major changes in antitrust ened.
tribution of those Democrats who were laws, and we will not even know wheth- Passage of H.R. 3005 will send a strong sig-
strong enough and who believed enough er the consumer will be protected. This nal of U.S. leadership in trade liberalization.
in this to work together in an intellec- is why the legislation should go down, What does this package do? Obvi-
tually honest way, to produce a prod- and we should review it again. ously it creates the power to negotiate
uct that ironically is better than any Mr. THOMAS. Mr. Speaker, I yield specific agreements, which will come
product that has ever been brought to myself such time as I may consume. to us later, without ability to equivo-
this floor in a number of ways, which What we will hear from the other cate or disagree. This legislation is the
we will talk about. side all day is would have, could have, best in terms of agricultural objectives
Mr. Speaker, I reserve the balance of should have. Would have, could have, we have ever seen. It is the best in for-
my time. should have; would have, could have, eign investment we have ever seen. It
Mr. RANGEL. Mr. Speaker, I ask should have; would have, could have, is the best in electronic commerce we
unanimous consent to yield 4 minutes should have; would have, could have, have ever seen. It is the best in intel-
to the gentleman from Louisiana (Mr. should have. lectual property. It is the best in for-
JEFFERSON) to allocate as he sees fit. At some point my colleagues have to eign relations, and for the first time
The SPEAKER pro tempore. Is there decide whether or not the President treated equally with trade is labor and
objection to the request of the gen- needs this power. It is going to have to the environment. It is the best we have
tleman from New York? be done in a bipartisan way, and we ever seen in a dispute resolution, and it
There was no objection. have a bipartisan product in front of is the most comprehensive oversight
Mr. RANGEL. Mr. Speaker, I yield 2 us. and scrutiny ever presented to the Con-
minutes to the gentleman from Cali- Mr. Speaker, I place in the RECORD gress. It is more bipartisan, more rep-
fornia (Mr. MATSUI), a senior member, the ‘‘Statement of Administration Pol- resentative, and more effective in
one who has worked so hard on the al- icy,’’ which begins: ‘‘The Administra- terms of expanding the number of
ternative to the majority bill. tion strongly supports H.R. 3005.’’ Members who are able to deal with
Mr. MATSUI. Mr. Speaker, I thank EXECUTIVE OFFICE OF THE PRESI- these issues.
the gentleman from New York (Mr. DENT, OFFICE OF MANAGEMENT In addition to that, after we took the
RANGEL), the ranking Democrat mem- AND BUDGET, product, put together by my friends
ber of the committee, for yielding me Washington, DC, December 5, 2001.
that I had mentioned earlier, we then
the time. STATEMENT OF ADMINISTRATION POLICY went and talked to additional Mem-
Let me just say this. I am holding in H.R. 3005—BIPARTISAN TRADE PROMOTION bers. Through this process of talking to
my hands two volumes. These are AUTHORITY ACT OF 2001
Members, what do they think of this
pieces of legislation that was passed in (REP. THOMAS (R) CA AND 5 COSPONSORS) work product, and from their perspec-
1994. It was to implement the Uruguay The Administration strongly supports H.R. tive how can it be improved, they said
Rounds and basically put in place the 3005 and looks forward to working with the we want to make sure there is not a
World Trade Organization. I do not say Congress to provide the President with the race to the bottom on the labor and the
this as somebody who actually pro- authority and flexibility to secure the great-
est possible trade opportunities for Amer-
environmental standards. We did that.
duced this legislation along with my ica’s farmers, workers, producers, and con- They said we want to make sure that
colleague the gentleman from Illinois sumers. H.R. 3005 would provide Trade Pro- no foreign investors when we go to
(Mr. CRANE). motion Authority for the President and court have greater rights than any U.S.
I have been a free trader for the last would establish special procedures for the citizen. Okay. We did that.
23 years, since I have been in the consideration of legislation to implement They said they want to make sure
United States Congress. I show my col- trade agreements. that if there is foreign currency
leagues these documents, mainly be- Trade Promotion Authority (TPA) is about changes, that it is not foreign currency
cause we took an up or down vote in asserting American leadership, strength- manipulation for the purpose of getting
ening the American economy, and creating
1994, after about 5 hours of debate, and American jobs.
a trade advantage. We said that is a
passed this legislation, 5,000 pages. A congressional grant of TPA takes on re- good idea. It is in the bill.
The Uruguay Round, which passed 7 newed importance with the launch of new Members asked for special consider-
years ago, was basically about reducing global trade negotiations. These negotia- ation in terms of import-sensitive
tariffs and eliminating quotas. We had tions can open markets and provide job cre- products. They have gotten it in three
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8995
different locations because clearly they During debate of the Committee on more trade adjustment assistance, for exam-
are threatened if they are import sen- Rules, the gentleman from Ohio (Mr. ple. That would be nice. But their bill does not
sitive. HALL) said let us move ahead and let us guarantee more trade adjustment assistance,
Members asked that the administra- vote. it just authorizes it. We’ve been there before.
tion not reduce textile tariffs when So, Mr. Speaker, I object. Their bill continue to fail to address the deeper
they are negotiating with another The SPEAKER pro tempore. Objec- pitfalls that fast track poses for working fami-
country that, as the gentleman from tion is heard. lies.
California (Mr. MATSUI) held up in Mr. RANGEL. Mr. Speaker, with deep Fast Track also poses a serious threat to
terms of the Uruguay Round, where disappointment, I yield such time as he the environment. Frankly, it is insulting to my
other countries said they would reduce may consume to the gentleman from colleagues and all Americans when fast track
their tariff and they have not. We said California (Mr. GEORGE MILLER). proponents claim that their bill includes strong
they are right. We are going to make (Mr. GEORGE MILLER of California language that adequately addresses environ-
sure that our negotiators do not lower asked and was given permission to re- mental concerns. One look at NAFTA shows
our tariffs when the other country they vise and extend his remarks.) why we should be terrified at extending cur-
are negotiating with have higher tar- Mr. GEORGE MILLER of California. rent trade rules to future agreements.
iffs. Mr. Speaker, I rise in opposition to this Chapter 11, a provision intended to protect
Members asked for an improved con- legislation. multinational corporations from their host
sultation and opportunity to actually Ladies and Gentlemen, Trade Promotion states, has been abused by corporations that
withdraw trade promotion authority if Authority is being sold to Americans as a few refuse to be bound by lawfully decided and
the administration failed to consult. In different things. The Bush Administration has publicly supported environmental regulations.
a number of ways, we said, they are called today’s vote an act of patriotism, now California was one of the first states to run
right; we will enhance it. more necessary than ever. House Republican into the chapter 11 problem when it tried to
Finally, on the oversight, not just leaders, in a suspicious midnight conversion, protect its environment from the harmful ef-
the committee’s of jurisdiction, but are now feverishly promising gifts to its critics fects of MTBE. When California halted the use
every committee whose jurisdiction in return for their support. Well folks, you can of the gasoline additive, a Canadian corpora-
would be affected by the potential leg- wrap this vote up in red, white and blue. You tion called Methanex sued the United States
islation, the administration has to can tie it with a bow and put it under the tree. under NAFTA’s chapter 11 for almost one bil-
come to us at the beginning of the But either way, this trade bill is neither patri- lion dollars because of lost revenue it said it
process, during the process, and at the otic nor a gift. It is a dagger into our basic would incur from California’s decision to pro-
end of the process. They have to satisfy rights and our standard of living. tect its environment. Luckily, however, Amer-
the Members of Congress on trans- Americans are being asked to make three ica remains a democracy where important en-
parency and information transfer. sacrifices in exchange for President Bush’s vironmental decisions are reached in a fair,
The administration does not deter- trade policy. They are being asked to give up open manner.
mine when they are through. The ad- their middle-class lifestyle, their environmental Consider this frightening, fast track reality: If
ministration does not determine how concerns, and their public health. For all those foreign companies operating in the U.S. don’t
much information is to be made avail- Americans who think that sounds like a raw want to play by our rules, they get their cases
able. For the first time in any agree- deal—and they are right—I urge my col- decided before a secret tribunal accountable
ment, it is the Congress that controls leagues to vote a resounding ‘‘no’’ on this very to no one. This lack of democracy doesn’t
how much information the administra- bad trade deal. bother the administration. The environment
tion has to provide. When NAFTA was passed in 1993, its sup- has become a defendant without rights. Rights
In every aspect, this is a better nego- porters promised nothing but blue skies for are reserved for multi-national corporations.
tiating tool than we have ever seen in hard-working Americans. Using fast-track au- Like pharmaceutical companies, for exam-
the past. It is bipartisan. It is some- thority. President Clinton hurdled the bill ple. According to the Bush administration, de-
thing that the President has said he through Congress without a truly meaningful manding higher labor standards in our trade
desperately needs for a number of rea- debate in Congress on the effects of such a agreements is an imposition of values. On the
sons; and there is no solid, substantial trade agreement. Millions of Americans have other hand, when we force other countries to
reason that this should not pass today. paid a high price for that lack of candor eight rigidly adhere to our own intellectual property
Mr. Speaker, I reserve the balance of years ago. A recent report shows that 3 million laws, this is sound policy. A principal negoti-
my time. actual and potential jobs disappeared from the ating objective in this bill is to achieve the
Mr. RANGEL. Mr. Speaker, I ask American economy between 1994 and 2000 elimination of, ‘‘price controls and reference
unanimous consent that we extend the due to NAFTA and the accelerated trade defi- pricing which deny full market access for
time for debate for 1 hour in view of cits it caused. In my home State of California, United States products’’. I don’t think such a
the fact that the Committee on Rules over 300,000 manufacturing jobs—good jobs, narrow-minded, market-driven approach is jus-
did not see fit to give the Democrats a well-paying jobs—crossed the border during tifiable in the face of an HIV/AIDS pandemic
substitute, in view of the fact that the the last 6 years. The economic surge and that has decimated much of Africa.
gentleman from California (Mr. THOM- booming stock market of the 1990s masked a Since the horrible events of September 11,
AS) put this bill together in the middle harsh reality for millions of American work- public health experts have warned that our
of the night without a hearing, and we ers—for them, NAFTA has meant nothing country must reduce its vulnerability to poten-
are now finding sometimes for the first more than a pink slip. tial biological and chemical terrorism. The
time what is in it. Despite this, President Bush and others in American Public Health Association doesn’t
The SPEAKER pro tempore. Is there Congress would expand NAFTA further. If this support this bill because it represents a risk to
objection to the request of the gen- bill passes, it would allow the Administration to the safety of America’s food supply.
tleman from New York? eventually spread NAFTA’s misery to over 30 Let me quote Dr. Mohammad Akhter, Exec-
Mr. DREIER. Mr. Speaker, reserving other nations in our hemisphere and further utive Director of the American Public Health
the right to object, and I do plan to ob- exacerbate job losses in our own country. Association:
ject, I am very proud of the way the America’s workers had hoped for a different With our system of imported food safety so
Committee on Rules has put together kind of generosity from the American govern- flimsy, the last thing we need is an executive
this package, and I do not believe that ment. After losing their jobs to NAFTA a few mandate for more porous borders.
this was done in the middle of the years ago, they waited for training programs. Executive mandate is exactly what this bill
night. In the wake of September 11, they waited for is. It stomps on the constitutional authority
I believe, as I said in my statement help that instead went to corporations. And granted to Congress over international com-
during the debate on the rule, we are they are waiting still, listening to empty prom- merce. On these grounds alone, this bill is un-
faced with an up or down vote on ises that TPA will help bring back their jobs. constitutional. But add to that criticism the
whether or not we are going to grant In the last day, realizing that they are peril- hostility that this bill shows toward labor rights,
the President this very important ously close to losing this vote on fast track, environmental protection and public health,
Trade Promotion Authority, and I hap- Republican leaders have suddenly become and you have a bill that is indefensible and
pen to believe that we have been talk- concerned about the needs of America’s work- should be voted down here today. A vote
ing about this for a long period of time. ing men and women. They are now promising against fast track is a vote to defend the rights
H8996 CONGRESSIONAL RECORD — HOUSE December 6, 2001
and liberties that we hold so dear. It is a vote the campaign to build coalitions (Mr. SAWYER asked and was given
to support working men and women in Amer- around the world that work with us to permission to revise and extend his re-
ica. It is a vote to protect our environment, our guard freedom. marks.)
public health and our values. H.R. 3005 strikes a two-way partner- Mr. SAWYER. Mr. Speaker, I rise in
Mr. RANGEL. Mr. Speaker, I yield 1 ship between the President and Con- opposition to the measure before us,
minute to the gentleman from Massa- gress on our common objectives for confident that we can do better.
chusetts (Mr. NEAL), a member of the international trade negotiations in Mr. Speaker, I bring credentials to this dis-
Committee on Ways and Means. which the United States participates. cussion.
(Mr. NEAL of Massachusetts asked Its passage will ensure that the world I have supported trade initiatives since I
and was given permission to revise and knows that Americans speak with one came to Congress. And I continue to believe
extend his remarks.) voice on issues vital to our economic that Presidential trade negotiating authority is
Mr. NEAL of Massachusetts. Mr. security. an important tool. But it must be the right kind
Speaker, the gentleman from Cali- My colleagues know I am not one of authority, suited to our time. And the bill be-
fornia (Mr. THOMAS) said, ‘‘would have, who is enthusiastic about putting labor fore us does not provide that.
could have and should have.’’ Let us and environmental matters on the Trade negotiations have moved far beyond
add another part of that, ‘‘want to,’’ trade agenda, and my original TPA the issue of tariffs. These negotiations now af-
because as a free trader here I strongly bill, H.R. 2149, which had 100 cospon- fect our nation’s tax laws, intellectual property
urge my colleagues today to vote sors, was completely clean in this re- standards, insurance system, and agricultural
against this particular version of Fast spect. But to protect our country’s in- programs. These are issues that would not
terests internationally, I acknowledged have occurred to Congress when we launched
Track Authority. The bill, put together
the necessity of forging a meeting of GATT after World War II. Our trade laws must
by the gentleman from New York (Mr.
minds on these sensitive issues with change with the times. The volume and con-
RANGEL) and the gentleman from
our colleagues on the other side of the tent of international trade has expanded enor-
Michigan (Mr. LEVIN) is far superior,
mously in the past decade. And the scope of
and I hope that that version will pass aisle. The final result of difficult com-
trade agreements has expanded well beyond
by the end of the hour we have to de- promises over 5 months is the bill be-
the jurisdiction of the Committee on Ways and
bate. fore us today.
TPA simply offers the opportunity Means in the last quarter century. Trade af-
While being more modern perhaps
for us to negotiate from a position of fects all of our constituents on a daily basis,
than their previous offerings, the Re-
and we must strengthen our responsibility to
publican bill still fails to give adequate strength, and does not in any way con-
speak for them.
voice to the new realities of trade ne- stitute final approval of any trade
Congress must now expand its capacity to
gotiations, that decisions made impact agreement. Under this bill, Congress engage negotiators over the often long and
our constituents in many more ways and the American people retain full au- complex course of modern trade agreements.
than they used to, because the negotia- thority to approve or disapprove any We need an expanded, independently in-
tions no longer simply attempt to trade agreement at the time the Presi- formed, and active set of Congressional advis-
lower tariffs or to reduce direct re- dent presents it to Congress. ers. And if the President’s negotiators are ob-
straints on trade. While we have delayed these last 7 viously not fulfilling their stated objectives,
Hence, the goals the United States years to pass TPA, other countries Members must have an opportunity to vote on
should pursue need to be more clearly have accelerated their claims to new a resolution of disapproval that does not have
articulated in any legislation, the markets. The U.S. is the world’s great- to be passed first by the Ways and Means
issues that we do not always see at the est exporter, sending almost $1 trillion Committee. Congress must have an integral
surface in Fast Track Authority. The worth of goods and services to foreign role, more than just more vague promises
role of Congress needs to be far more consumers. Expanding trade remains from the Administration to consult with us. If
extensive in order to bring about a suc- the linchpin of any successful strategy the consultations, or rather lack of them, that
cessful conclusion. to increase long-term noninflationary bring us to this juncture today are an example
These new realities are knitted to- economic growth. of what our colleagues have in mind, it is an
gether in a far more comprehensive In my home State of Illinois, over empty promise indeed. Giving Congress real
manner by the Rangel-Levin version of 400,000 jobs are tied directly to exports. participatory oversight of the negotiations is
Fast Track Authority than the Repub- These jobs are more secure and pay the best way to build Congressional support
licans have proposed. We all would be over 15 percent more than nontrade-re- for the agreements that are ultimately
better off in the long run by a decision lated jobs. According to a study by the reached.
to negotiate, in a meaningful way, bi- National Association of Manufacturers, It is simply not true to say that opponents of
partisan legislation rather than forcing companies that manufacture for export the Thomas bill are opponents of free trade.
this through this afternoon. are almost 10 percent less likely to go That statement ignores the honest effort led
out of business than others. These by Mr. Rangel to craft a bill that will accom-
b 1400
firms pay better benefits. In Illinois, plish the objective of promoting trade without
Mr. THOMAS. Mr. Speaker, it is my these good, high paying, trade-related sacrificing our capacity to continue to work to-
pleasure to yield 3 minutes to the gen- jobs are often in the machinery, agri- wards basic environmental and labor stand-
tleman from Illinois (Mr. CRANE), the culture, information technology, and ards.
chairman of the Subcommittee on chemical sectors. These are the types A vote against today’s bill is not an attempt
Trade of the Committee on Ways and of jobs that will not be created if we re- to hold free trade hostage until the rest of the
Means. ject the opportunities of the inter- world matches our labor standards. The Ran-
Mr. CRANE. Mr. Speaker, I thank national marketplace by voting no on gel alternative expects nothing of the sort. A
the gentleman for yielding me this H.R. 3005. vote against the bill is a vote to go back to
time, and I rise in strong support of In these times of economic disloca- work on legislation that will engage our part-
H.R. 3005. tion, we cannot afford to deny Presi- ners in a real dialogue. We must ensure, at a
This bill is about arming the Presi- dent Bush a primary tool of economic minimum, that countries do not weaken their
dent and his team with the authority growth. Americans have never been re- labor and environment laws to attract invest-
to achieve trade agreements written in luctant to compete head to head with ment. It is a vote to go back to work on a bill
the best interest of U.S. farmers, com- our trading partners. We should not that will create the relationship that should nat-
panies, and workers. It ensures that dash the best chance we have of cre- urally exist between the World Trade Organi-
the President will negotiate according ating a better future of dynamic eco- zation and the International Labor Organiza-
to clearly defined goals and objectives nomic growth and success for our tion. It is a vote to ensure that the rules we set
written by Congress. workers, businesses, and farmers in up do not give foreign investors greater rights
Trade is fundamental to our relations international markets. in America than Americans themselves enjoy.
with other nations. As the President I urge a ‘‘yes’’ vote on H.R. 3005. I look to the future, and I know we can build
strives to neutralize international Mr. RANGEL. Mr. Speaker, I yield a bipartisan consensus for trade promotion au-
threats to our security, TPA is an es- such time as he may consume to the thority. That is crucial because any trade ne-
sential tool for him to have to use in gentleman from Ohio (Mr. SAWYER). gotiating framework must have the confidence
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8997
of more than a narrow, partisan majority in utes to the gentleman from Louisiana market our goods and services to overseas
order to command real respect for trade (Mr. JEFFERSON.) customers. And certainly in my State of Wash-
agreements that flow from it. The bill before us The SPEAKER pro tempore (Mr. ington, which is the most trade-dependent in
today, regrettably, does not do that. We can LAHOOD). Without objection, the gen- the Nation, our ability to trade freely with for-
do better. tleman from Louisiana will control 2 eign nations sustains an enormous portion of
Mr. RANGEL. Mr. Speaker, I yield 1 additional minutes. our economy. In Washington, we exported
minute to the gentleman from Mary- Mr. JEFFERSON. Mr. Speaker, I more than $33 billion in goods each year, esti-
land (Mr. CARDIN), a distinguished yield 1 minute to the gentleman from mated to sustain more than 1 million jobs. The
member of the Committee on Ways and Virginia (Mr. MORAN). Puget Sound area of our State was recently
Means. Mr. THOMAS. Mr. Speaker, I yield 30 described as the most export-dependent U.S.
Mr. CARDIN. Mr. Speaker, I support seconds to the gentleman from Vir- metropolitan area. So this is an issue that re-
granting the President Trade Pro- ginia (Mr. MORAN). lates very much to the creation of new jobs in
motion Authority, but I oppose the bill Mr. MORAN of Virginia. Mr. Speak- our region, and certainly it plays a major role
we are considering today. I have sup- er, I want to address myself particu- in the national economy as well, helping to im-
ported fast track authority for NAFTA, larly to the Democratic side of the prove our balance of trade and provide jobs
for GATT, I supported PNTR, but I op- aisle, not necessarily to all of the for American workers in the 21st century.
pose this bill. Democratic Caucus, because I under- And these are good jobs. These are not low
The reason I oppose it is that the stand that many of us are in districts wage service jobs that have been generated
landscape for trade legislation has that have high concentrations of orga- from the growth of international trade in my
changed, yet our delegation of author- nized labor, have high concentrations State. They are family-wage jobs that pay sub-
ity to our President has not. Let me of textiles and other industries that stantially greater than the national average.
just cite one example. could be adversely affected by trade. We are talking about thousands of union ma-
We talk about putting in our author- But I know that there are at least 60 chinists making airplanes at the Boeing Com-
ity that we expect to make progress on Members who represent districts that pany, about software developers at Microsoft,
labor standards by enforcing one’s own are highly dependent upon trade, that mill workers who fabricate aluminum at Kaiser,
laws. Yet when we accomplished that in fact represent the highest economic chipmakers at Intel, and workers at
for Jordan, the first thing we did was growth sectors of this economy; tech- Weyerhauser who produce lumber wood prod-
to weaken our ability to enforce those nology, telecommunications, profes- ucts.
standards. sional services products throughout Trade is not just important to large busi-
Let us take a look at antidumping the manufacturing sector benefit from nesses and big corporations. In my state,
laws. We passed legislation in this body international trade. there are many more small businesses than
that said we would not weaken our All of our constituents benefit by big ones that owe their income to international
antidumping and countervailing duty lower prices in products and services as trade.
laws. Yet in Doha we put that on the a result of trade. In fact, all of us have There are many small companies that sup-
table for negotiations. So at least we constituents whose incomes are 15 per- ply machine and airplane parts that go into the
would think that this underlying bill cent greater because they are in ex- aircraft that we sell overseas, thousands of
would make a principal objective of port-related jobs. farmers that grow apples and wheat, and
trade that we do not weaken our own The reality is that this bill in fact, is countless small, family-owned mills that proc-
laws in this regard. But, no, we put it bipartisan, and nobody outside the ess timber and sell the products in Asian and
as a third priority. What message is boundaries of the Beltway cares about other overseas markets. And there are jobs
that to our trading partners? We can do personalities or process. They look at that are sustained by these exporters: Bank-
better. policy. From a policy standpoint, we ers, teachers, restaurant workers, plumbers,
Support the motion to recommit have enforceable standards on labor lawyers and countless others.
with the Rangel bill, then we really and the environment. We have the The economic recession has had a severe
will give the right authority to the availability of the use of sanctions for impact on the State of Washington. The end
President. I urge rejecting the under- all such negotiating objectives. We of the high technology boom and the effect
lying bill and supporting the motion to have transparency in all commercial that the attacks on September 11 have had on
recommit. transactions. the aircraft industry has been devastating.
Mr. THOMAS. Mr. Speaker, it is my This is the most substantial progress Currently, we are suffering the highest unem-
pleasure to yield 1 minute to the gen- in U.S. trade policy with respect to ployment rate in the Nation—6.6 percent.
tleman from California (Mr. HERGER), a labor and the environment that we My highest priority as a Member of Con-
member of the Committee on Ways and have ever had the opportunity to vote gress has always been jobs. Increasing our
Means. for. This is a good bill. It is one we trade and exports with other countries means
Mr. HERGER. Mr. Speaker, this is should all support. I urge its approval. jobs for Americans and jobs for people in
without a doubt one of the most impor- Mr. JEFFERSON. Mr. Speaker, I Washington State. In my judgment, the fastest
tant votes any of us will cast this Con- yield such time as he may consume to way out of this recession is to tear down the
gress. Today we are deciding whether the gentleman from Washington (Mr. barriers other nations have put up against
or not we will give American workers DICKS). American goods and services, enabling our
and American companies the support (Mr. DICKS asked and was given per- manufacturers and other businesses to access
they need to open international mar- mission to revise and extend his re- new markets. I believe in the ability of our
kets. marks.) workers and businesses to compete against
Nowhere is trade more important Mr. DICKS. Mr. Speaker, I rise in anybody and win.
than on the farm. Last year, more than strong support of the Trade Promotion Some of my colleagues claim that Trade
$140 million worth of dried plums, $600 Authority Act of 2001. This is out- Promotion Authority is not needed; that the
million worth of almonds, were ex- standing legislation. President can already conduct trade negotia-
ported from the State of California, Mr. Speaker, H.R. 3005 is legislation that tions without expedited authority granted by
much of it from my northern California will grant to the President Fast Track negoti- Congress. This is true, the President can ne-
district. California exports 80 percent ating authority for certain trade agreements. I gotiate an agreement with other nations. How-
of its cotton, 70 percent of its almonds, am convinced, Mr. Speaker, that this authority ever, what we have found since Fast Track
and 40 percent of its rice, yet our farm- is necessary to ensure that the United States authority lapsed in 1994 is that other nations
ers face an average tariff rate of 62 per- remains a global leader on free trade, and to are unwilling to negotiate with us knowing that
cent. These barriers will never be enable this President and future Presidents to any agreement reached with the administra-
eliminated until we give the President continue to work to open foreign markets to tion would likely be changed by Congress
Trade Promotion Authority. American goods. without consultation or consideration of the
I strongly urge my colleagues to sup- Clearly in today’s global economy, our Na- views of the other party to the agreement.
port TPA. tion has a major interest in reducing barriers This is why President Clinton strongly urged
Mr. THOMAS. Mr. Speaker, it is my to international trade, with more and more Congress to extend Fast Track authority sev-
pleasure to yield an additional 2 min- American jobs dependent upon our ability to eral years ago.
H8998 CONGRESSIONAL RECORD — HOUSE December 6, 2001
We are falling behind. Of the more than 130 That is why I, along with the gen- ship dismissed this opportunity, effectively lim-
free trade agreements in the world today, the tleman from California (Mr. MATSUI), iting our Nation’s ability to advance inter-
United States is a party to only three. The Eu- believe there needs to be a greater in- national labor, health, safety, and environ-
ropean Union, by contrast, is a party to more stitutional role for Congress to have mental standards, as well as improve trans-
than 27. Because they cannot negotiate a fair consistent with our Article I, section 8 parency in international organizations.
deal with the United States, other countries responsibilities in the Constitution. Developing trade relations between the
are choosing to buy European-made manufac- But I resent the fact that many of us United States and foreign nations is often mu-
tured goods and agricultural commodities, put- have had to come begging in the 11th tually beneficial on economic, societal, and po-
ting our factory workers and farmers at a dis- hour to get the majority party and the litical fronts. We cannot, however, ignore that
tinct disadvantage. administration to do right by Amer- with such engagement, competition increases
I urge my colleagues to consider very seri- ican workers today with an adequate and can result in winners and losers.
ously how a vote against this bill will affect our worker relief package which is the In my home town of La Crosse, WI, Isola
nation’s ability to compete in the global mar- right thing to do anyway. That should Laminate Systems recently laid off 190 skilled
ketplace. I also ask that you think about how not occur. It should have been dealt workers due in part to a worsening economy,
important this bill is to enable our economic with months ago, but instead it came but also due to government trade policies re-
recovery. For both of these reasons, I encour- to this. Trade policy should not be par- lating to textiles. These laid off workers should
age my colleagues to join me in support of tisan or personality driven. Let’s in- have every opportunity to receive adequate
H.R. 3005. stead do it right. benefits, including health and training, through
Mr. THOMAS. Mr. Speaker, I yield 1 So unfortunately I rise in opposition Trade Adjustment Assistance. While the ma-
minute to the gentleman from Florida and encourage support for the motion jority has thrown a bone to workers in regard
(Mr. SHAW), a member of the Com- to recommit. to increased TAA assistance, the short-
mittee on Ways and Means. As our Nation leads the world into the 21st comings of TAA have not been resolved.
Mr. SHAW. Mr. Speaker, I thank the century, we should not shy from opportunities Moreover, it is important that any real Trade
chairman for yielding me this time. to guide and expand global trade. Opening up Adjustment Assistance reform provide benefits
Mr. Speaker, ‘‘Made in the USA’’ is a foreign markets to American goods not only to our Nation’s agricultural producers. Amer-
badge of pride. It is a symbol of qual- provides economic growth potential, but also ica’s family farmers are impacted by our trade
ity. It is a symbol of good workman- exposes American ideals to people around the agreements through markets being both
ship. It is not a symbol of protec- globe. I cannot, however, support the major- gained and lost. Unfortunately, agricultural
tionism. The greatest, largest economy producers are not currently eligible for trade
ity’s trade authority legislation because it does
in the world cannot be afraid of free adjustment assistance even though family
little service to real problems facing this Na-
trade. The most free country, the farms are going out of business at record lev-
tion, refuses to guide trade negotiations in a
strongest country in the world, cannot els. Providing income assistance and job em-
positive way, and unnecessarily maintains a
be afraid to give to their President the ployment skills should be as important for
weak constitutional role for Congress in regu-
same authority that every other Presi-
lating international commerce, which is our ob- America’s farmers as it is for our Nation’s in-
dent and Prime Minister in this world
ligation under article 1, section 8 of the Con- dustrial workers.
has today. As recent reports have indicated, our Na-
Let us give this authority to the stitution.
In a world fused by global integration and tion’s economy has been in recession since
President. We are not voting on a trea-
communication, international trade has be- March 2001. In combination with immediate
ty. We are simply voting on the au-
come a linchpin of not only our national econ- and long-term economic losses associated
thority of the President to go forward.
omy, but also the economies of most nations. with the terrorist attacks of September 11, the
The rest of the world is going towards
We must remember that today’s vote, how- economy’s downturn has resulted in faltered
free trade. We are going to lose mar-
ever, is not about promoting or suppressing businesses and laid-off workers. In response,
kets to the countries that have free
trade. Let us support this bill. It is trade between the United States and other na- Congress has done little to come to the aid of
very important to give the President tions. This vote is about how our Federal Gov- displaced workers throughout the country, de-
this authority. ernment goes about the process of regulating spite demands by Members and promises
Mr. RANGEL. Mr. Speaker, I yield 1 commerce between nations. from the House leadership. In an effort to
minute to the gentleman from Wis- Our Founding Fathers deliberately put Con- push unemployment legislation I, along with
consin (Mr. KIND). gress in control of regulating commerce with some of my colleagues, sent a letter on Octo-
Mr. KIND. Mr. Speaker, I thank my foreign nations. With the impact of tariffs and ber 24, 2001 to the majority leadership stating
colleague for yielding me this time, duties directly affecting their diverse constitu- our refusal to support Trade Promotion Au-
and I rise reluctantly in opposition to encies, Members have a responsibility to thority unless displaced worker aide is ad-
H.R. 3005 today. weigh in on the regional impacts of these dressed beforehand. The 11th hour promise to
I say reluctantly, because I believe in mechanisms. Today’s trade environment is recommend action on unemployment benefits
trade, the necessity for it to achieve constantly changing, with nontariff trade issues for our Nation’s affected workers is not con-
economic growth and expanded oppor- impacting all aspects of our economy and law. crete, not encouraging, and not enough.
tunities for all of our workers, I believe Issues including antitrust law, intellectual prop- As a supporter of increased trade oppor-
the President needs this authority, and erty, and pharmaceutical costs, along with tunity, I consider this vote very important. H.R.
I have supported all trade agreements concerns over regulatory harmonization, re- 3005 as it currently stands, however, does not
in Congress since I have been here; this quire intense negotiations at a new level. provide assurances that the concerns of west-
debate today, however, is not about Nonetheless, the role of Congress should not ern Wisconsin residents will be adequately ad-
being for trade or against trade, it is be ignored as it is in H.R. 3005, but reestab- dressed in future trade negotiations. If Con-
about establishing the rules of trade in lished in recognition of these new challenges. gress is going to cede some of its authority
the 21st century. To this end, I encourage my colleagues to over the regulation of commerce with foreign
The world is very different than it consider the establishment of a Congressional nations, such a proposal should be based on
has been in the past when trade nego- Trade Office that could analyze the implica- deliberate policy and not partisan politics. The
tiations were, by and large, about re- tions of trade negotiations, and address the failure of the House leadership to come to the
ducing trade barriers, quotas, and tar- concerns of Congress. Such an office would negotiating table and work in a bipartisan
iffs. There are many more complex and also be able to provide all Members, not just manner on this important issue is shameful. I
evolving issues involving trade: labor certain committee leaders, with information on strongly encourage my colleagues to pass the
and environmental standards, anti- the range of issues facing each region in a motion to recommit and include language from
trust, health and safety standards, pri- nonpartisan, objective fashion. the Rangel-Levin-Matsui Comprehensive
vacy standards. The major issue for In formulating a trade authority bill that will Trade Negotiating Authority Act, which more
trade in the 21st century will be the help establish how America engages the rest accurately addresses the issues of inter-
harmonization of these different stand- of the world in the 21st century, I had hoped national labor and environmental concerns,
ards. And the question is do we har- this Congress would seize the opportunity to and strengthens the critical role Congress
monize upwards or downwards? Do we move toward positive, fundamental changes in should play formulating trade.
improve standards around the globe or world trade agreements. Unfortunately, by Mr. JEFFERSON. Mr. Speaker, I
is it a race to the bottom? forcing a partisan trade bill, the House leader- yield 1 minute to the gentleman from
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H8999
Texas (Mr. STENHOLM), the ranking Revitalize our economy, create jobs, the details, mocks that claim. None of
member of the Committee on Agri- pass Trade Promotion Authority. the developing nations with which we
culture. Mr. RANGEL. Mr. Speaker, I yield 1 aspire to negotiate new trade agree-
(Mr. STENHOLM asked and was minute to the gentleman from Maine ments will accept strict labor and envi-
given permission to revise and extend (Mr. ALLEN). ronmental provisions.
his remarks.) Mr. ALLEN. Mr. Speaker, I thank And equally as important, the best
Mr. STENHOLM. Mr. Speaker, I rise the gentleman for yielding me this way to improve labor and environ-
in support of Trade Promotion Author- time, and I rise to support the Rangel- mental standards, given many nations’
ity and the bill before us today. The Levin bill and oppose the Thomas bill, social conditions, is to increase the
truth about trade is that there always which contains provisions favoring the wealth of the developing world, which
are both successes and failures, win- pharmaceutical industry that will trade will do, while also increasing our
ners and losers. But for our Nation as a make it harder for Americans and our own wealth. It is a no-lose proposition.
whole, the indisputable fact is trade is trading partners to get access to af- To reject TPA is, in the end, to reject
a net positive. fordable medicines. trade itself, which is a disaster for the
When it comes to agriculture, the The Thomas bill will force the Third country and the world, and, for my own
successes have outweighed the failures. World’s poorest countries to move party, a refusal to live up to its his-
American farmers and ranchers now more quickly to pay the First World’s toric obligation to support free trade.
make a quarter of our sales to overseas Mr. Speaker, I rise today as one of the dis-
high drug prices in order to treat dis-
markets. Next year, agriculture ex- tressingly few Democrats in support of a grant
eases like AIDS. Unlike the Rangel-
ports are expected to exceed $54.5 bil- of Trade Promotion Authority to President
Levin bill, the Thomas bill completely
lion, making a net trade surplus of Bush. My support of TPA springs from the rec-
ignores the health needs of developing
ognition that trade is really part of a larger de-
$14.5 billion. That is just a fraction of countries.
bate on the proper role of America in the
what could be possible if we had freer The Thomas bill directs the elimi-
world today. It is a debate that echoes in the
and fairer markets. nation of government measures, such
For workers who have lost in trade in halls of the Pentagon and National Security
as price controls and reference pricing,
Council, as well as those of our trade rep-
the past, I sincerely believe that the used by many trading partners, to keep resentatives, and that is waged with argu-
best and perhaps only way to fix what prescription drugs affordable. This is ments in Doha but with arms in the Hindu
has failed is through new negotiations not a proper trade objective, it is a Kush.
that level the playing field. We must greed objective for the pharmaceutical Since Adam Smith first articulated the case
speak and act with a united voice and industry. for free trade in the 18th century, economists,
a unified voice that is forged through a
b 1415 no matter whether liberal or conservative,
close partnership between Congress and have acknowledged with near-unanimity the
the executive branch. That is the vi- By forcing higher drug prices in Can-
ada, it could deprive many American merits of trade liberalization. Trade increases
sion of the compromise bill before us wealth for participating countries, ensures ac-
today. seniors of an inexpensive source of
drugs. In the U.S., it could force repeal cess to high-quality products, and guarantees
There is a dear price to be paid for the efficient use of resources. As Smith recog-
delay. American farmers and ranchers of the deep discounts available for vet-
nized, it pays for a country to specialize in
cannot afford for us to stand by and erans and those on Medicaid. In the
what it does best, even if that country can do
watch the rest of the world unite be- name of free trade, the Thomas bill
everything better than its trading partners. This
hind trade. We need to participate. protects the monopolies of this coun-
is the essence of comparative advantage.
Support this bill today. try’s most profitable industry, and Many of my colleagues in the Democratic
Mr. THOMAS. Mr. Speaker, it is my hurts the world’s poorest disease-rid- Party state their belief in free trade, but none-
privilege to yield 1 minute to the gen- den countries. Vote down this bill. theless refuse to support TPA unless it in-
tleman from Iowa (Mr. NUSSLE), a Mr. JEFFERSON. Mr. Speaker, I cludes provisions mandating other nation’s
member of the Committee on Ways and yield 30 seconds to the gentleman from compliance with our own environmental and
Means and the chairman of the Com- Oklahoma (Mr. CARSON). labor standards. Alas, this notion, if enacted,
mittee on the Budget in the House of Mr. THOMAS. Mr. Speaker, I yield 30 would render TPA a nullity—a mere piece of
Representatives. seconds to the gentleman from Okla- paper that, in the prelude, expresses support
(Mr. NUSSLE asked and was given homa (Mr. CARSON). for trade but which, in the details, mocks that
permission to revise and extend his re- (Mr. CARSON of Oklahoma asked and claim. None of the developing nations with
marks.) was given permission to revise and ex- which we aspire to negotiate new trade agree-
Mr. NUSSLE. Mr. Speaker, pro- tend his remarks.) ments will accept strict labor and environ-
moting international trade is essential Mr. CARSON of Oklahoma. Mr. mental provisions. And, equally as important,
to our economy and to our ability to Speaker, I thank the gentlemen for the best way to improve labor and environ-
secure America’s future. Granting the yielding me this time. mental standards, given many nation’s social
President authority to improve and ex- Mr. Speaker, I rise today as one of conditions, is to increase the wealth of the de-
pand trade agreements is essential to the distressingly few Democrats in sup- veloping world, which trade will do, while also
securing America’s future. We cannot port of a grant of Trade Promotion Au- increasing our own wealth. It’s no-lose propo-
say that we are for trade if we vote thority to President Bush. My support sition.
against promoting trade authority for of TPA springs from the recognition It is true that, while the nation tremendously
the President. that trade is really part of a larger de- benefits from trade, certain sectors of our
Let me talk about agriculture. Agri- bate on the proper role of America in economy can be hurt. That is why, as Demo-
culture would probably be the biggest the world today. It is a debate that crats, we must support and expand Trade Ad-
beneficiary under this agreement and echoes in the halls of the Pentagon and justment Assistance, the portability of health
under this legislation. Thirty-five per- the National Security Council, as well insurance benefits, more assistance to the
cent of agricultural goods from my dis- as those of our trade representatives, International Labor Organization and other
trict alone are exported. If you walk and that is waged with arguments in non-governmental organizations that do the
out into a corn field and count the Doha but with arms in the Hindu Kush. heavy lifting on labor and environmental
rows, 1 of every 5 corn rows in Iowa is Many of my colleagues in the Demo- issues, and even wage insurance for dis-
exported. cratic Party state their belief in free placed workers. But at no cost should we
But it is not just agriculture. In my trade, but nonetheless refuse to sup- scuttle one of the great achievements of the
district, 217 manufacturers in little old port TPA unless it includes provisions post-war era: the liberalization of trade. To re-
Iowa, in the Second District, export on mandating other nations’ compliance ject TPA is, in the end, to reject trade itself,
a regular basis. John Deere, 1 of every with our own environmental and labor which is a disaster for the country and the
4 green tractors that come off the line standards. Alas, this notion, if enacted, world, and, for my own party, a refusal to live
is exported overseas. Thirty-five thou- would render TPA a nullity, a mere up to our historic obligation to reach out to the
sand jobs nationwide are export de- piece of paper that in the prelude ex- world, bringing prosperity to our own workers
pendent. presses support for trade but which, in and those abroad, too.
H9000 CONGRESSIONAL RECORD — HOUSE December 6, 2001
Mr. THOMAS. Mr. Speaker, I yield 1 with the gentleman from Louisiana manner before the bill is even passed it
minute to the gentlewoman from (Mr. JEFFERSON), the gentleman from can hardly be expected to cooperate
Washington (Ms. DUNN). California (Mr. THOMAS), the gen- and collaborate after Fast-Track au-
Ms. DUNN. Mr. Speaker, I rep- tleman from Tennessee (Mr. TANNER), thority is granted.
resented 700,000 in the suburbs of Se- and many others in drafting what I be- As a strong advocate for more inter-
attle and Tacoma. One-third of the jobs lieve is a significant step forward in de- national commerce, I have supported
held by these people are related to veloping Trade Promotion Authority. trade agreements with China, the Car-
trade. Reducing trade barriers has Mr. Speaker, why is this important? ibbean Basin, Africa, Jordan and most
never been more important in the It is important so the United States recently, the Andean region. The real
Puget Sound area. If we do not expand can maximize its influence and maxi- issue today is not whether to expand
exports and open new markets for Boe- mize its leadership internationally. It trade, but how. In the Ways and Means
ing jets and Microsoft software, we lose is important for the United States to Committee I sought unsuccessfully to
more jobs in the Northwest. For Boeing demonstrate how we can lead and ex- obtain one simple guarantee: that for-
workers, TPA means keeping the air- pand not only economic opportunities eign investors would not be given more
craft industry viable in our commu- for the working people and the busi- rights than American citizens. Foreign
nity. Over $18 billion worth of aircrafts nesses in our country, but also dem- investors should not be granted the
were exported last year. Traditionally, onstrate through this policy of eco- right to eviscerate our environmental,
half of Boeing’s aircraft sales are for nomic engagement, which is embodied health, safety and consumer laws, in
overseas customers, a trend that will in our trade agreements, that we can secret investor tribunals beyond the re-
continue in the future. do more to empower people throughout view of the press, public, and watchdog
For our farmers, TPA means that the world. groups.
more people will have access to the fin- When we look at those individuals in I cannot support unlimited authority
est products in the world; 33 percent of the developing world, every dollar in to negotiate international agreement
Washington State commodities, valued their per capita income that they see impacting the environment for an Ad-
at $1.8 billion go to the international improved gives them greater pur- ministration whose environmental
market. chasing power; but also with the im- record has ranged from indifference to
For our high-tech firms, TPA means provement in their quality of life and outright hostility. That is why the Si-
strengthening intellectual property their economy, we see the advance- erra Club, Friends of the Earth, the
standards. The software industry loses ment of human rights, of civil liberties, League of Conservation voters and
$12 billion annually due to counter- and also the advancement of democ- every major environmental group in
feiting and piracy. Reducing piracy in racy. this country is opposing this legisla-
China alone could generate $1 billion of What we are able to do in this Trade tion. It relegates the role of Congress
revenue for the Northwest. Promotion Authority is to ensure that to little more than preparing a Christ-
For women entrepreneurs, women- we are not only going to make progress mas wish list, hoping that an Execu-
owned businesses involved in inter- in expanding the economic opportuni- tive Santa Claus will deliver. I am not
national trade have higher growth ties; but also for the first time, we are against taking a fast track to more
rates, develop more innovations, and going to be able to provide the ability trade; I am against any proposal that
create more jobs in their communities. to see the enhancement of environ- does not give the Congress a steering
Support TPA. mental and labor standards inter- wheel and a brake when the adminis-
Mr. RANGEL. Mr. Speaker, I yield 1 nationally through our trade agree- tration takes the wrong track for the
minute to the gentlewoman from Ohio ments. environment.
(Ms. KAPTUR). What was also important for all of us Mr. JEFFERSON. Mr. Speaker, I
Ms. KAPTUR. Mr. Speaker, I urge a to realize was that the only way we can yield 1 minute to the gentleman from
‘‘no’’ vote on the Thomas bill so we can again provide that leadership is to en- Tennessee (Mr. TANNER), who has been
ultimately bring up the Rangel-Levin sure that we can get these countries to a real partner in this effort.
bill which takes an important step to the negotiating tables. A lot of the al- Mr. THOMAS. Mr. Speaker, I yield 1
restore this body’s constitutional man- ternative proposals that have been of- minute to the gentleman from Ten-
date in trade making so that trade re- fered for Trade Promotion Authority, nessee (Mr. TANNER).
gimes lift all people. Why pass another unfortunately, would result in very few Mr. TANNER. Mr. Speaker, I thank
same-old same-old trade bill that will countries being interested to partici- the gentlemen for yielding me this
bring us more lost jobs, more bankrupt pate in negotiations with the United time.
farmers with the lowest prices in his- States. Mr. Speaker, this has been an honest,
tory with growing trade deficits every A failure to pass Trade Promotion intellectual exercise in a negotiation
single year. Authority will have significant im- to try to do something for this country
Fast Track procedures simply do not pacts. In the last few weeks we have which desperately needs to be done.
work. This Congress has the ability to heard that Brazil and Bolivia would The irony of part of this argument
write trade agreements that leaves no fail to participate in a Free Trade Area today is the very means by which we
sector behind, recognizes worker to the America agreement without the address child labor, labor and environ-
rights, and a clean safe environment passage of TPA. mental standards of all sorts, is
for each of the world’s citizens. Put a Following the Doha agreement, we through a vehicle just like we have the
human face on globalization; vote ‘‘no’’ have France that made a strong state- vote on today. It is the only way Con-
on the Thomas bill and let us meet our ment that they would not be interested gress can participate, and it ought to
constitutional obligations in this in participating in the next round of be done. The irony is if we turn it
Chamber to write trade bills that work negotiations if the United States Presi- down, what have we done? Nothing. Ab-
for everyone. dent did not have TPA. This is impor- solutely nothing, and Congress has no
Mr. JEFFERSON. Mr. Speaker, I tant to our economy and workers, and voice at all in what goes on around the
yield 1 minute to the gentleman from also to the developing world. world in the area of the world market-
California (Mr. DOOLEY), who has been Mr. RANGEL. Mr. Speaker, I yield 1 place. That is really pathetic.
a real leader in forging a bipartisan ef- minute to the gentleman from Texas The other thing I would like to say,
fort on this bill. (Mr. DOGGETT), member of the Com- if Members believe, as I think everyone
Mr. THOMAS. Mr. Speaker, I yield 1 mittee on Ways and Means. has to, that we can grow more food in
minute to the gentleman from Cali- Mr. DOGGETT. Mr. Speaker, here we this country than we can consume,
fornia (Mr. DOOLEY). have the ‘‘fast’’ Fast Track being that we can make more products and
(Mr. DOOLEY of California asked and rammed through Congress, with all stuff than we can sell and buy from one
was given permission to revise and ex- amendments and alternatives blocked another, then it is an economic fact of
tend his remarks.) and 1 hour for 435 Members to debate life, not a political argument, that
Mr. DOOLEY of California. Mr. this bill. When the House Republican those engaged in surplus production
Speaker, it was a pleasure to work leadership acts in such a high-handed are going to lose their jobs. That is not
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9001
a political argument; that is an eco- b 1430 on trade than me. One out of four jobs
nomic fact. But, instead, we are not even allowed in my district comes from foreign
How do we save those jobs, how do we to vote on it. We are only given 30 min- trade. But when you keep Congress out
create new jobs, is by exports so that utes to debate it. It is a travesty. In- of it, when you do not give us a mean-
people in this country can work to stead, the majority will be created by ingful role, I cannot support it.
make, as an earlier speaker said, trac- horse trading on citrus, on textiles, A major problem with Representative THOM-
tors in Iowa to send to the rest of the and on whatever else we will find out AS’ bill is its failure to constrain trade nego-
world. That is what this is about: jobs when we read the paper over the next 1 tiators from repeating the mistakes in NAFTA’s
in this country. or 2 weeks. It is a terrible way to cre- chapter 11 on investment. Foreign corpora-
Mr. Speaker, if we turn this down, we ate trade policy. At a time when our tions are using NAFTA’s investment chapter to
are going to wait awhile, 1, 2, 3 years, Nation expects the best, we are falling challenge core governmental functions such
I will tell Members what is going to short. It is shameful, it is unnecessary. as California’s power to protect groundwater
happen. Maybe 4, 5 years from now we I urge a ‘‘no’’ vote. Come back, do it and the application of punitive damages by a
are going to wake up and the economic right. There will be an opportunity. Mississippi jury to deter corporate fraud. At the
partnerships which have been created Mr. RANGEL. Mr. Speaker, I yield 1 time of its ratification, few supporters of
between the Asians, the South Ameri- minute to the gentleman from Wash- NAFTA realized that its investment chapter
cans and the European Union, we are ington (Mr. MCDERMOTT), one of the ac- opened the door to such challenges. Now we
going to be wondering what happened tive Members on trade. know the potential impact of language being
to the United States leadership, to the (Mr. MCDERMOTT asked and was considered for inclusion in the FTAA and other
United States jobs and to the United given permission to revise and extend agreements. H.R. 3005 fails to address the
States role as a leader in the world. his remarks and include extraneous danger that the mistakes of NAFTA’s chapter
Mr. RANGEL. Mr. Speaker, I yield 1 material.) 11 will be repeated in negotiations for a Free
minute to the gentleman from Cali- Mr. MCDERMOTT. Mr. Speaker, I Trade Area for the Americas and other future
fornia (Mr. BECERRA), a member of the rise today in opposition to H.R. 3005, agreements.
Committee on Ways and Means. the Trade Promotion Authority Act of The Thomas bill would not protect multilat-
Mr. BECERRA. Mr. Speaker, I would ‘‘Fast Track’’ as it is commonly called. eral environmental agreements from being
support Fast Track legislation that Let me first say that there probably challenged as barriers to trade. These critical
meaningfully addresses the areas of isn’t a Member in the House that has agreements safeguard biodiversity, regulate
labor and the environment, and pro- voted in favor of more trade legislation trade in endangered species, protect the
vides an effective mechanism for con- that I have. No part of the country is ozone layer and control persistent organic pol-
gressional participation. This bill does more dependent on trade than the dis- lutants. The Thomas bill does nothing to dis-
not. I urge my colleagues to vote trict I represent in Congress. Almost courage countries from lowering or eliminating
against H.R. 3005. one fourth of the jobs in the greater their environmental standards to gain unfair
Seattle area are generated through trade advantages. It also fails to promote
Mr. Speaker, article 1 of the Con-
trade. Trade fosters peaceful inter- meaningful improvement in environmental pro-
stitution empowers this body, Con-
national relations, raised the quality of tection and cooperation.
gress, to regulate commerce with for-
life of working families in our country The executive branch—and its Office of
eign nations. Over the past 250 years of
as well as those in our partner nations. U.S. Trade Representative—must not be given
our Nation’s existence, for only 20 of
I have supported many trade agree- fast track authority that allows it to negotiate
those years, from 1974 to 1994, has this
ments—MFN for China, NAFTA, AGOA more agreements that provide sweeping and
body granted the President authority
and the Reciprocal Trade Agreement controversial protections of property rights at
for fast tracking any trade agreement.
Authorities Act of 1998—but like any the expense of traditional government author-
In those 20 years, five agreements were
trader, I try to learn from experience, ity to protect fair business competition, the en-
signed. In contrast, during the 8 years
and be careful that I only endorse vironment, public health, worker safety and
of the Clinton administration, 300
agreements that advance our national similar public responsibilities. Rather than
agreements were signed with countries
goals. compromising these legitimate governmental
from Belarus to Japan to Uzbekistan. In the past year, our country lost regulations, international trade and investment
We can do this without Fast Track. more than one million manufacturing agreements should pursue standards of non-
We should have Fast Track, but it jobs. We have an economy in very deep discrimination that put U.S. companies and
should be a Fast Track that gives us a trouble. Weak prior to September 11th, foreign companies on a level playing field.
clear road map of where this authority on that terrible day, it began to hemor- I urge rejection of the Thomas bill and urge
will take us. rhage. you to vote for the Levin-Rangel substitute.
We owe it to the American people not Mr. Speaker, during the 8 years of Mr. RANGEL. Mr. Speaker, I yield 1
to abandon the American worker or prosperity of the Clinton administra- minute to the gentlewoman from Flor-
consumer. Until we have Fast Track tion, the United States negotiated ida (Mrs. THURMAN), a member of the
legislation that guarantees where we more than 300 treaties. In fact, only 4 Committee on Ways and Means.
will protect our workers and con- years ago, there were those who said on Mrs. THURMAN. Mr. Speaker, I
sumers, we should not support Fast this floor that without Fast Track, thank the gentleman for yielding me
Track legislation. Vote ‘‘no’’ on H.R. Chile would never negotiate a treaty time.
3005. with us. At the end of President Clin- Mr. Speaker, I rise in opposition to
Mr. RANGEL. Mr. Speaker, I yield 1 ton’s administration, Chile said they the Thomas bill today. The amendment
minute to the gentleman from Oregon will. And several months ago the Presi- that was approved by the Committee
(Mr. BLUMENAUER). dent of Costa Rica announced his coun- on Rules last night recognizes some the
Mr. BLUMENAUER. Mr. Speaker, I try would negotiate with the United issues facing Florida agriculture, but,
am someone who has never voted States, again without Fast Track. Bra- regrettably, this is not the real deal.
against trade legislation on this floor. zil’s Minister Councilor stated at a As we have seen in the past, the ad-
But unfortunately, the President and New America Forum that the slow pace ministration can still trade away
the Republican leadership have missed of current FTAA negotiations, begun America’s specialty ag products to gain
an opportunity to move beyond the without Fast Track, has nothing to do market access for other products
partisan and narrow ideological divide. with the absence of Fast Track, and ev- abroad. This is the same empty prom-
The provisions of the bill of the gen- erything to do with the United States’ ise. It did not work in 1998 and it will
tleman from New York (Mr. RANGEL) refusal to negotiate about citrus, meat not work now. Florida farmers have a
which dealt with labor standards, mul- and steel, products with which Brazil very long memory. They are families
tilateral environmental agreements feels it has a competitive advantage on who have fed this country for genera-
and the elimination of the chapter 11 the table. tions. They have struggled against the
imbalance could have produced a bill Now, there are a lot of us who have tide of NAFTA and the Uruguay Round
which would have provided 250 ‘‘yes’’ never voted against trade bills. Never. agreements, and many of them have
votes on this floor. Nobody has a district more dependent lost.
H9002 CONGRESSIONAL RECORD — HOUSE December 6, 2001
I would like to close with just a let- It is not a totally deficient bill. In these changes in the scope and impact of
ter sent yesterday by the Florida Fruit fact, it takes some important steps to- trade and to make certain our negotiating
and Vegetable Association. Unlike wards addressing labor and environ- framework has kept pace. In my judgment, the
some others in this who continue to mental standards. But the bill that the bill before us today fails that test.
talk about it being good for agri- gentleman from California (Mr. THOM- It is not a totally deficient bill; in fact, it takes
culture, this is what Florida agri- AS) and his collaborators produced important steps toward addressing labor and
culture says: ‘‘Agriculture provides should have been a starting point for environmental standards and giving them a
Florida with a strong economic founda- wider collaboration and negotiation, status commensurate with other negotiating
tion, which is especially important not a take-it-or-leave-it end point. Had objectives. The bill that Mr. THOMAS and his
during this economic uncertainty. that occurred, this bill would give collaborators produced should have been
That foundation could be seriously greater weight to basic labor stand- seen as the starting point for wider collabora-
jeopardized as a result of trade agree- ards, would have stronger nonderoga- tion and negotiation, not a take-it-or-leave-it
ments, most notably the Free Trade tion provisions, and would more ade- end-point. Had that broader, bipartisan col-
Area of the Americas, that would be quately protect our environmental laboration taken place, the bill would have
negotiated under TPA.’’ laws from challenges by foreign inves- given greater weight to the ILO’s core labor
Please vote against this bill. tors. standards in bilateral and regional negotiations
Mr. RANGEL. Mr. Speaker, I yield 1 We also, Mr. Speaker, need more as- and would have mandated the pursuit of a
minute to the gentleman from Cali- sertive involvement by the President, WTO working group on labor. It would have
fornia (Mr. SHERMAN). both in urging all parties on Capitol more strongly stipulated that agreements
(Mr. SHERMAN asked and was given Hill toward accommodation and in should have non-derogation clauses—that is,
permission to revise and extend his re- making his own negotiating objectives understanding that parties should not relax
marks.) their labor or environmental laws in order to
clear. It would be easier to vote for this
gain a trading advantage. It would have re-
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bill, despite its deficiencies, had we
duced barriers to investment while ensuring
The SPEAKER pro tempore (Mr. heard from the President a convincing
the integrity of our environmental law, by pro-
LAHOOD). Will the gentleman take the declaration that he is determined not
viding that foreign investors would have no
sticker off his lapel, please, as he ad- to put our country at a disadvantage
greater rights in the U.S. than U.S. investors.
dresses the House. by virtue of the labor and environ-
And it would have given Congress a stronger
Mr. SHERMAN. Mr. Speaker, over mental standards we maintain, and
role in overseeing negotiations and holding
the last decades, we have moved from that he will instruct his negotiators to
negotiators accountable. In all of these areas,
the largest creditor Nation to the larg- give these matters high priority.
the Rangel-Levin substitute offers reasonable
est debtor Nation in the world. We now Mr. Speaker, we should defeat this
alternatives that deserve more consideration
run a trade deficit of nearly half a tril- bill and do the job right early next
than they got.
lion dollars every year. The dollar is on year. Mr. Speaker, the flawed process and flawed
the road to crashing sometime in the Mr. Speaker, I rise as a supporter of free
product are intertwined. If this bill passes
next decade or so, and this bill makes and fair trade and of an expansive American
today, it will be by the narrowest of margins
it all more certain and makes it hap- trade policy. Entrepreneurs, corporate leaders,
on a largely partisan basis. That does not
pen faster. workers, and farmers in my North Carolina bode well for future trade agreements or for
It provides access to the American district have proven their ability to compete in our country’s trading posture. And it did not
markets to those with the very lowest the new world marketplace, and although our have to be this way. A more inclusive bipar-
labor standards and the lowest environ- state has also seen more than its share of job tisan process would produce a far superior bill
mental standards. It will pressure us to losses and industrial decline, a great deal of that would pass by a large bipartisan majority,
see our trade deficit even get larger, or our growth and expanding prosperity have and that in turn would greatly strengthen the
to cut our own environmental stand- been generated by international trade. hand of the President and his representatives
ards, labor standards and wage rates in Therefore, during my time in this body, I as they enter critical negotiations. That is the
order to compete. It deprives us of the have generally supported trade agreements, kind of outcome we can have if we defeat this
opportunity to demand trade bills that the granting of normal trading relationship sta- bill and do it right early next year.
are fair and to involve Congress in tus to China and other countries, and the In this endeavor, we need more assertive
making sure that the trade bills do not granting of so-called ‘‘fast track’’ negotiating involvement by the President, both in urging
simply increase trade, but increase ex- authority to the President. My view is and has all parties on Capitol Hill toward accommoda-
ports more than imports. The nonlegal been that we cannot continue to grow and to tion and in making his own negotiating objec-
barriers imposed, particularly by bring better jobs and expanding opportunity to tives clear. Proponents of TPA rightly point out
China, but other countries as well, will our country by isolating ourselves or protecting that we are not writing actual trade agree-
ensure large trade deficits if we pass ourselves from competition. We must con- ments here and that the enabling legislation
Fast Track now. fidently and aggressively enter the world mar- should not be overly prescriptive. Consider-
Mr. RANGEL. Mr. Speaker, I yield 1 ketplace, and the vigorous pursuit of bilateral, able presidential discretion is necessary and
minute to the gentleman from North regional and world trade agreements is an es- desirable. But that also places a burden of re-
Carolina (Mr. PRICE). sential adaption to the economic reality that sponsibility and accountability on the President
(Mr. PRICE of North Carolina asked we face. to inform Congress and the public as to how
and was given permission to revise and Not just an agreements will suffice, how- he intends to use his discretion and what ne-
extend his remarks.) ever. As we anticipate the challenges we face gotiating objectives he will vigorously pursue.
Mr. PRICE of North Carolina. Mr. in the next five years, we must understand It would be easier to vote for the bill before us
Speaker, during my time in this body, that trade has greatly increased in volume and today, despite its deficiencies, had we heard
I have generally supported trade agree- in value, that it will increasingly involve nations from the President a convincing declaration
ments and the granting of so-called with very different economic and social struc- that he is determined not to put our country at
Fast Track negotiating authority to tures from ours, and that the labor, environ- a disadvantage by virtue of the labor and envi-
the President. The vigorous pursuit of mental, safety, and other policies and stand- ronmental standards we maintain, and that he
bilateral and regional and world trade ards that we and other countries uphold are will instruct his negotiators to give these mat-
agreements is an essential adaptation highly relevant to the advantages or disadvan- ters high priority.
to the economic reality our country tages we may experience as we trade. More- But we have not heard such a declaration,
faces. over, our ability to protect and improve such and so the deficiencies of this enabling legisla-
But not just any agreements will suf- standards in the context of trade agreements tion become all the more troubling. The Ran-
fice. As we consider giving negotiating will greatly affect the impact of trade on our gel-Levin substitute, while not perfect, is a bet-
authority to the President, it is impor- own quality of life and on conditions in the ter alternative. And if the motion to recommit
tant to make certain our negotiating countries with which we do business. fails, I ask my colleagues to vote against this
framework has kept pace with changes So as we consider critically important legis- version of TPA, so that early next year we can
in the scope and impact of trade. In my lation to give negotiating authority to the Presi- produce legislation that more adequately ex-
judgment, the bill before us today fails dent and to specify our negotiating objectives, pressed this body’s and this country’s bipar-
that test. it is important to get it right—to understand tisan support for expanded trade and that puts
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9003
our future trade negotiations on the firmest Mr. THOMAS. Mr. Speaker, it is my Mr. THOMAS. Mr. Speaker, it is my
possible footing. pleasure to yield such time as he may pleasure to yield 2 minutes to the gen-
Mr. RANGEL. Mr. Speaker, I yield consume to the gentleman from Michi- tleman from Georgia (Mr. COLLINS), an
such time as he may consume to the gan (Mr. CAMP), a member of the Com- extremely valuable member of the
gentleman from New York (Mr. ENGEL). mittee on Ways and Means. committee and one who helped us out
(Mr. ENGEL asked and was given (Mr. CAMP asked and was given per- in bringing this trade bill to where it is
permission to revise and extend his re- mission to revise and extend his re- today.
marks.) marks.) (Mr. COLLINS asked and was given
Mr. ENGEL. Mr. Speaker, I rise in Mr. CAMP. Mr. Speaker, Michigan permission to revise and extend his re-
opposition to the bill. ranks fourth in exports. Our family marks.)
The TPA bill does not require countries to farmers export 40 percent of what they Mr. COLLINS. Mr. Speaker, I thank
implement any meaningful standards on labor produce. I will vote yes on TPA, be- the gentleman for yielding me time.
rights. The bill simply requires that a country cause fair and free trade means a se- Mr. Speaker, as I have traveled
enforce its existing laws—however weak they cure economy and better jobs. throughout the Third District of Geor-
may be. It’s official. Our country is in a recession, but gia, touring textile plants, talking to
The TPA bill does not contain any meaning- Congress is working to help turn our economy small business people in towns where
ful protections for the environment. The bill around. One way we can do that is to expand textile plants have closed, I have re-
does nothing to prevent countries from low- our nation’s trading opportunity by giving the peatedly heard from those people that
ering their environmental standards to gain un- president Trade Promotion Authority (TPA). they are tired of trade agreements that
fair trade advantages. This legislation will provide him the ability to have exported more jobs in their area
The TPA bill is gross abdication of Con- negotiate sound trade agreements that will than it has exported products. They are
gress’ power. Congress may vote on a dis- give our economy the boost it greatly needs. tired of agreements that have exported
approval resolution, but only to certify that the Today we will vote on this important trade plants, seeing those plants relocated
Administration has ‘‘failed to consult’’ with legislation which will open more markets by offshore, outside of the United States,
Congress. Furthermore, unlike current Jack- eliminating and reducing trade barriers, bene- all because of weak trade agreements.
son-Vanik disapproval resolutions on trade, no fitting family farmers, employers small busi- In many ways, we have been our own
floor vote is even allowed unless the dis- nesses, manufacturers, working men and worst enemy when it comes to the tex-
approval resolution is first approved by the women, and consumers. A vote today for fair tile areas because we have repeatedly
Ways and Means and Finance Committees— free trade today would be the equivolent of a said no, no, no. But this time we took
thereby bottling up the resolution in com- $1,300 to $2,000 tax cut for the average a different direction, because I have at
American family. This is good news for local this point to commend the gentleman
mittee.
The U.S. has now officially entered an eco- economies in all 50 states, including Michigan. from California (Chairman THOMAS),
nomic recession, and millions of workers are My state has much to gain from free trade. the President, the USTR Representa-
We’ve already seen that with the North Amer- tive and Secretary Don Evans of Com-
suffering. Neither the Administration nor the
ican Trade Agreement (NAFTA), which helped merce, because as we went to them and
Republican-controlled House has made any
Michigan exports grow faster than overall U.S. expressed our concerns and our prob-
attempt to help unemployed workers find new
exports. Michigan ranked the fourth highest in lems, they listened. Not only did they
jobs, get unemployment benefits, or maintain
listen, Mr. Speaker, but they reacted
health coverage. Yet, here we stand again on exports in 2000 with exports sales of mer-
to those problems.
the floor of the House—presented with legisla- chandise totaling $51.6 billion, up more than
Many of the things that you heard
tion that helps huge companies at the ex- 24 percent from 1999. We live in an export- the chairman repeat and talk about
pense of American workers. dependent state with export sales of $5,193 earlier are provisions that strengthen
This bill is bad for America. Defeat this bill for every state resident. Opening more mar- this bill, provisions in this bill that
and let’s get to work on helping American kets through free trade will only encourage will strengthen not only the bill, but
workers and the American economy. more economic growth in Michigan through strengthen future trade agreements, so
Mr. RANGEL. Mr. Speaker, I yield 1 exporting. that we do promote the exporting of
minute to my good friend the gen- Economic growth from free trade also trans- goods.
tleman from Tennessee (Mr. CLEMENT). lates into more better, high-paying jobs. Ex- This President needs the authority to
Mr. CLEMENT. Mr. Speaker, I want port-related jobs pay 13 to 18 percent higher be able to negotiate, to be at the table
to congratulate the gentleman from than the national average. Additionally, work- to sell our products. And that is what
New York (Mr. RANGEL), first, for al- ers in exporting plants have greater job secu- it is all about, products that are manu-
ways fighting for the working men and rity because they are 9 percent less likely to factured and produced and services
women of this great country. shut down than those plants that do not ex- that are rendered by people of this
Mr. Speaker, I am concerned, like a port. In Michigan, we have 372,900 jobs di- country.
lot of people, about the lack of oppor- rectly dependent upon manufactured exports, Mr. Speaker, I urge my colleagues,
tunity to debate on this important in addition to the more than 370,000 they sup- support the President on this. He has a
issue, but I stand here in opposition to port directly and indirectly. good track record in the few months
Fast Track, to H.R. 3005. Michigan farmers, who exported an esti- that he has been in office. He has al-
After several years of unprecedented mated $868 million in agricultural products last ready addressed the dumping of steel in
growth, technological advancements, year, are also important to the entire state’s this country that hurts steelworkers,
medical and scientific innovations, in- economy. Our state exports about 22 percent the dumping of softwood from Canada
creased globalization, our economy is to 32 percent of what Michigan farmers that hurt many mill workers across
undergoing a dramatic slowdown. produce. Already we have seen the benefits of this country. In Doha he resisted the
We know about layoffs, we know free trade on our farmers who sell more soy- pressure from those who wanted to ac-
about bankruptcies, and people are bean oil in South Korean now that the country celerate the phaseout of quotas and
really concerned about their jobs and is reducing its tariff by 14.5 percent from 1995 tariffs on textiles. He has a good
about their future. And we need to be to 2004. In the Philippines, they too are reduc- record. He is our leader. He can be the
concerned right now about the future ing their tariffs on soybean mean from 10 per- leader and promoter of goods from this
of American workers and protecting cent to 3 percent. country in the international trade
our environment. All must be factored While we have made progress in bringing market.
into the TPA vote and the long-term down trade barriers, more must be done. Fair, I urge support and passage of this
equation for the U.S. trade agenda. free trade means a secure economy, and Trade Promotion Authority.
I have always supported trade bills, more and better jobs for Michigan residents as Mr. Speaker, I rise to support Trade Pro-
but I cannot support this. We have got well as all Americans. This week I will vote to motion Authority to allow the President to sell
this legislation before us now, and I give the president Trade Promotion Authority American goods and services. That’s right, Mr.
question the Constitutional authority because we will all win from passing this legis- Speaker. The President is and should be the
concerning this bill because it affects lation. This trade bill will provide him with the number one salesperson for American goods
our Congress and our involvement in tools he needs to pull us out of this recession and services. He must be a leader in Inter-
trade issues. Vote no. and put our economy back on the right track. national trade, promoting America the same
H9004 CONGRESSIONAL RECORD — HOUSE December 6, 2001
way he is leading in the international fight And now consider my constituent, pected us to come together, to work to-
against terrorism. American workers need a John, who came up to me in the lobby gether, to reason together, and to
salesperson. of a building the other day and said, ‘‘I produce a product. I believe had that
Now, I say to you, Mr. Speaker and to the just got laid off from Boeing. I am 56 process been followed, this product
leadership in the Congress, the American years old. I am worried. I don’t know would be better.
worker has grown tired and weary of trade what I am going to do, and I need Like the gentleman from North Caro-
agreements which export American jobs rather help.’’ lina (Mr. PRICE) who spoke before me, I
than American goods and services. The Amer- For the last 2 months, while we have have supported Fast Track, PNTR, and
ican worker is tired of deep pocket CEO’s of passed bailout after bailout, this Con- NAFTA. Why? Because I believe that
major corporations sending their Washington gress has done nothing for the Amer- trade is an important aspect of the eco-
lobbyists to urge the passage of trade agree- ican worker. Nothing. And we have to nomic well-being of our country and of
ments and then within a short time announc- learn if we are going to advance a trade our workers. But I believe that this
ing a plant closing in the U.S., only to relocate agenda, we have to make sure we re- process needs to be open; and if so, it
to Mexico or some other country. The Amer- spect both the Gregs and the Johns of will be a better one. Reject this bill.
ican worker deserves trade agreements which the world.
Yes, you can run over the Democrats Mr. THOMAS. Mr. Speaker, it is my
promote the products they produce or services pleasure to yield 30 seconds to the gen-
they deliver. To assist and ensure the Presi- on the floor of this House, but you can-
not run over the legitimate needs of tleman from Florida (Mr. WELDON) for
dent promotes the American worker, this bill the purpose of engaging in a colloquy.
contains legislative language and report lan- working people and the environment
time after time, and then expect us to Mr. WELDON of Florida. Mr. Speak-
guage requiring the President, when negoti-
develop a trade agenda with the sup- er, the amendments in section 3 deal-
ating with other nations to do the following:
First, it requires reciprocating trade agree- port of the American people. ing with trade-sensitive commodities
ments. In exchange for allowing the selling of Vote no on this today. Come back, would limit the President’s proclama-
international products in our nation, it requires develop a realistic package of worker tion authority so that tariff reductions
the same consideration for American goods. protection, and we will pass what we could not be implemented without spe-
Second, it requires the President to nego- need for our international agenda. cific congressional approval. It is also
tiate on rules of origin for U.S. content in prod- Mr. THOMAS. Mr. Speaker, it is a my understanding that the bill re-
ucts to be assembled elsewhere and sold real pleasure for me to yield 1 minute stricts the ability of the administra-
back in the U.S. to my colleague and friend from Cali- tion to reduce tariffs on sensitive agri-
Third, it requires the President to discuss fornia (Mr. HUNTER) to speak on this cultural industries. Finally, the bill re-
and monitor the difference in value of currency issue since some of you have known his quires that import-sensitive agricul-
in the negotiating country when compared to history. tural products such as citrus be fully
the strong U.S. Dollar. Mr. HUNTER. Mr. Speaker, I thank evaluated by the ITC prior to tariff ne-
Mr. Speaker, parameters, such as these are my friend for yielding me time. gotiations and that any probable ad-
instructions to the President that American Mr. Speaker, in early September, I verse effects be the subject of remedial
workers want to be engaged in the Inter- was gearing up as usual to oppose this proposals by the administration. Is
national marketplace. But such engagement Fast Track. And then our country was that the gentleman’s understanding?
must be fair to all, not free to some at the ex- attacked, and today as we all know, we Mr. THOMAS. Mr. Speaker, if the
pense of American jobs. have Marine expeditionary forces,
gentleman will yield, yes, that is my
Mr. Speaker, I have full confidence the American carrier battle groups, tac-
understanding as well.
President will follow these and other instruc- tical aircraft, Special Operations
Mr. RANGEL. Mr. Speaker, I yield 1
tions set forth by Congress. He has already forces, in theater, in combat in Afghan-
istan. minute to the gentleman from Ohio
shown tremendous support for American jobs (Mr. BROWN).
by calling the hand of those nations which Heading those forces, those American
forces, is one man, the American Presi- Mr. BROWN of Ohio. Mr. Speaker, I
have dumped steel in the United States at the thank the gentleman for yielding me
expense of the steel worker. He has called dent, and for the next couple of
months, in my estimation, more than this time.
Canada’s hand for exporting subsidized soft In the first year of the Bush Presi-
wood lumber to the U.S. by proving they were ever, his successes are going to be our
successes, his losses are going to be our dency, we have lost 1 million manufac-
engaged in dumping excess lumber at the ex-
losses. turing jobs. We are officially in a reces-
pense of the American worker. He placed a
I, as all my colleagues know, do not sion. The stock market has dropped
tariff on lumber from Canada rather than ne-
like Fast Track, I do not like free precipitously. This body has done little
gotiating a new agreement at the expense of
trade. But I like less the idea of weak- for the economy, and this body has
the American worker.
ening this President in this time of done nothing for laid-off workers. They
Yes, Mr. Speaker, American workers stand-
great national emergency. promised us during the airline bailout
ing on the assembly line need to and want to
For that reason, this time, this once, bill that they would help laid-off work-
trade in an international market. But they want
I am voting yes. ers. They promised us during the stim-
to be able to sell their products, not just buy Mr. RANGEL. Mr. Speaker, I yield 1 ulus package and the tax cuts for the
from other countries. This bill will give the minute to the gentleman from Mary- richest Americans and the largest cor-
President the authority to negotiate and pro- land (Mr. HOYER), a distinguished lead- porations in this country that they
vide instructions on how to approach those er of Congress. would help laid-off workers. They did
negotiations. Mr. HOYER. Mr. Speaker, I thank
I urge passage of Trade Promotion Authority not deliver. Now, during Trade Pro-
the ranking member for yielding me motion Authority, they are promising
so we can assist American workers with their time.
jobs, sell their goods and services, and keep again to help laid-off workers.
Mr. Speaker, first, I want to adopt Mr. Speaker, our history of flawed
our economy strong. the remarks of the gentleman from
Mr. RANGEL. Mr. Speaker, I yield 1 trade agreements has led to a trade
North Carolina (Mr. PRICE): One
minute to the gentleman from Wash- deficit with the rest of the world that
minute is too short a time to sub-
ington (Mr. INSLEE). has surged to a record $435 billion. The
stantively discuss obviously so impor-
(Mr. INSLEE asked and was given Department of Labor reported that
tant an issue. But I want to say that I
permission to revise and extend his re- NAFTA alone is responsible, and these
reject the rationale of the gentleman
marks.) are conservative estimates, for the loss
from California who spoke imme-
Mr. INSLEE. Mr. Speaker, consider of approximately 300,000 U.S. jobs.
diately before me. I do not believe that
the tale of two of my constituents. a vote ‘‘no’’ will weaken the President. Our trade agreements go to great
Greg is a computer software genius at What a vote ‘‘no’’ will do is strengthen lengths to protect investors. Our trade
Microsoft. His intellectual property is the process in this House. agreements go to great lengths to pro-
frequently stolen from him overseas, tect property rights. But these agree-
and he could use a President with b 1445 ments never include enforceable provi-
Trade Promotion Authority to try to The American public elected 435, not sions for public health, for the environ-
prevent that theft. 221 or 222, but 435 of us; and they ex- ment, and for laid-off workers.
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9005
Mr. Speaker, I ask for a ‘‘no’’ vote on Mr. RANGEL. Mr. Speaker, I yield 1 workers, including workers in the high tech in-
Fast Track Trade Promotion Author- minute to the gentleman from Indiana dustry. TPA will not only spur economic
ity. (Mr. ROEMER). growth, but it will create new jobs and new in-
Mr. THOMAS. Mr. Speaker, I yield 1 (Mr. ROEMER asked and was given come.
minute to the gentleman from Michi- permission to revise and extend his re- Mr. Speaker, TPA is especially important to
gan (Mr. KNOLLENBERG). marks.) our friends in the agriculture community. My
Mr. KNOLLENBERG. Mr. Speaker, I Mr. ROEMER. Mr. Speaker, there are home state of Illinois ranks 5th in nationwide
thank the gentleman for yielding me some in this Chamber who will not exports of agricultural products by exporting
this time. vote for any kind of trade agreement, $2.7 billion in 1999 alone. Income from Illinois
Today’s vote on Trade Promotion and there are others that will vote for exports equates to $110 per acre for corn and
Authority is a critical test of our lead- every kind of trade agreement, think- soybeans.
ership and commitment to creating ing it is a panacea. As a New Demo- Even with its huge output of agricultural
jobs in this country. Trade equals jobs. crat, I believe in incorporating new products, demand for the top five agricultural
In my home State of Michigan, ideas into our trade agreements, espe- products from Illinois is growing. NAFTA and
372,000 jobs are dependent, dependent cially to help our workers. GAAT trade agreements help prove that TPA
upon manufactured exports; and those When I voted for the African Trade will increase this demand further.
jobs pay upwards of 18 percent more Agreement, I heard we would help America’s farmers export about one-third of
than the average job. That is good for their total crop production. Future sales and
workers. When I voted for the Carib-
America. growth are directly tied to whether the U.S.
bean Basin initiative, I heard, we will
But here is what is bad. We have a se- can negotiate trade agreements with foreign
not forget about the workers. When I
rious problem. Look at the white; look countries. If we don’t supply other countries’
voted for the China agreement I heard,
needs, someone else will!
at the red. This map shows that Amer- once again, we will eventually get to The time is now to give the President TPA,
ica is becoming isolated, America is the workers. which has lapsed since 1994. TPA is good for
isolated, while others expand trade Well, it is time now to help American small businesses, the high tech sector, agri-
around us. workers and their families. In the culture, and for the economy in general.
There are exactly 133 trade agree- Tokyo Round we introduced tariff lev- I urge my colleagues to vote for H.R. 3005
ments that are in place today, but the els as a new idea. In the Uruguay and give the President the trade negotiating
U.S. is party to only three. That is Round we introduced intellectual prop- authority that is needed to help jumpstart our
where we are today. How about tomor- erty as a new idea. In the Doha rounds economy.
row? we introduced antitrust laws as a new Mr. THOMAS. Mr. Speaker, it is my
We are leading the world in an effort idea, and now we should have the new pleasure to yield 2 minutes to the gen-
to eradicate terrorism. We must lead idea of saying there should be a floor of tleman from Oklahoma (Mr. WATTS),
the world in expanding free markets protecting against child labor, not the chairman of the Republican Con-
and creating new jobs through trade. mandating a minimum wage, but say- ference and someone who understands
Look at this again. This is the U.S., in ing, child labor is wrong and it is not that this bill is about jobs, about help-
case my colleagues cannot see. The red going to be in future trade agreements ing the unemployed and, for the first
is all of those countries, 111 countries between the United States and other time in the history of a trade agree-
that are involved with free trade agree- countries. Defeat this bill. ment, includes labor and the environ-
ments. We must pass TPA. Let us vote Mr. THOMAS. Mr. Speaker, I yield ment.
for TPA. such time as he may consume to the Mr. WATTS of Oklahoma. Mr. Speak-
Mr. RANGEL. Mr. Speaker, I yield 1 gentleman from Illinois (Mr. WELLER). er, the question before us today is the
minute to the gentlewoman from Cali- (Mr. WELLER asked and was given following: Should we vote to stop small
fornia (Ms. PELOSI), a national leader. permission to revise and extend his re- businesses and farmers from exporting
Ms. PELOSI. Mr. Speaker, I thank marks.) more of their goods, or should we vote
the distinguished ranking member for Mr. WELLER. Mr. Speaker, I rise in to grow America’s export market?
yielding me this time and for his ini- support of this bipartisan effort to help Should we ignore the new economy, or
tiative that he is presenting here Illinois farmers, workers, and small should we look for new ways to open
today. I, unfortunately, rise in opposi- businesses expand their business oppor- new markets?
tion to the legislation before us. tunities. My home State of Oklahoma is the
Mr. Speaker, today we have the op- Mr. Speaker, trade promotion authority or third largest producer of wheat in the
portunity to create a new trade frame- TPA gives the President the authority to nego- country. We export half of our wheat
work for a new century. I had hoped to tiate and bring back trade agreements to Con- out of the United States. By giving the
be able to support Fast Track Author- gress with assurances of an up or down vote. President Trade Promotion Authority,
ity for President Bush, as I had sup- Now more than ever, our President needs the farmers will have more opportunities
ported Fast Track Authority for his fa- clout to negotiate trade agreements to protect to export their products to new con-
ther, President Bush, at an earlier both the economic and national security of our sumers and new markets.
Mr. Speaker, opponents of giving the
time. I wanted to do this, and I had nation.
President Trade Promotion Authority
hopes that we could do so with a trade America’s workers and businesses now ex-
may have had a mainstream argument
promotion act that reflected our Na- port over $1.8 million of goods and services 50 years ago, but we are in a new cen-
tion’s concerns about the importance per minute, which fuels economic growth, job tury. The arguments being made by
of the environment and workers’ creation, and technological innovation. 12 mil- foes of expanded trade is rooted in
rights. If this bill had done so, it would lion Americans owe their jobs to foreign ex- what was, not what is; and it certainly
have passed this House overwhelm- ports and more than 25 percent of our $8 tril- does not think about what can be.
ingly. Instead, if it passes at all, it will lion economy is tied to foreign trade. The choice is simple. We can con-
squeak through based on a handful of The high tech industry is the largest manu- tinue business as usual. Our economy
promises. I wish my colleagues to con- facturing sector in the U.S. by employment, is in a recession, corporate profits are
sider the true value of those promises sales, and exports. The high tech sector is down, unemployment is up, and the
as they cast their votes. also the largest merchandise exporter in the gross domestic product has dropped at
So here we are with an economy in U.S. In 2000, high tech exports accounted for the fastest rate in 10 years. Companies
recession and hundreds of thousands of 29 percent of U.S. merchandise exports. TPA are even skipping their Christmas
American families struggling with the allows the access to new markets overseas party this year, trying to save a few
realities of unemployment. that the high tech industry needs to expand bucks.
Mr. Speaker, I urge my colleagues to and grow. Or we can look for new ways to give
oppose this legislation. Anyone who Since 1994, the U.S. has failed to imple- our economy a boost. Allowing the
does not see the connection between ment a single free trade agreement with any President to have the freedom and
the economy and the environment is on nation. 130 free trade agreements exist world- flexibility to negotiate down trade bar-
the wrong side of the future. Vote ‘‘no’’ wide, with the U.S. participating in only two. riers and tariffs is good for the econ-
on this trade promotion. Open trade will create new markets for our omy, good for jobs, good for farmers,
H9006 CONGRESSIONAL RECORD — HOUSE December 6, 2001
good for small businesses, and good for Core Labor standards will now be con- Mr. RAMSTAD. Mr. Speaker, I thank
the consumer. sidered on par with commercial inter- the gentleman for yielding time to me.
Mr. Speaker, this is about the old ests in the context of trade agreements On behalf of Minnesota jobs, Min-
versus the new, yesterday versus to- and negotiations. For the first time, nesota businesses, Minnesota farmers,
morrow, walls versus bridges, fear our proposal provides meaningful ways and Minnesota’s future, I rise in strong
versus competence. It is about Amer- for the U.S. to assist countries in im- support of Trade Promotion Authority.
ica. Our character, our ingenuity, our proving their labor standards. Prin- Mr. Speaker, the vote before us today is ab-
employees are the best in the world. cipal negotiating objectives require the solutely critical to America’s economic recov-
We can compete with anybody in the President to assist in building the ca- ery and security. It is no exaggeration to call
world, but we must give the President pacities for countries to respect worker it one of the most important votes we will cast
the authority and the flexibility to rights, the right of association, the this decade.
trade or to negotiate these barriers and right to bargain collectively, a prohibi- Our President needs Trade Promotion Au-
tariffs down that hurt American prod- tion on the use of any form of forced or thority so he can open markets for American
ucts. compulsory labor, a minimum age for products, create jobs and get the best deal
I ask my colleagues to vote for inter- employment of children, and accept- possible for our businesses and workers.
national trade. Vote ‘‘yes.’’ able worker conditions. The bill also Every President since President Ford had
Mr. RANGEL. Mr. Speaker, I yield 30 requires countries to enforce the labor this important tool in his trade arsenal until it
seconds to my dear misguided friend, and environmental laws. Our bill in- expired in 1994.
the gentleman from Louisiana (Mr. cludes substantive and enforceable Now more than ever, TPA is vital to our
JEFFERSON). standards on labor and the environ- economic security. The U.S. economy is in-
Mr. JEFFERSON. Mr. Speaker, I ment. creasingly international in scope, and it is
think I thank the gentleman for the Mr. THOMAS. Mr. Speaker, I yield 30 clear that expanding trade is absolutely imper-
extra 30 seconds. seconds to the gentleman from Lou- ative to spur economic growth.
I want to thank the gentleman from isiana (Mr. JEFFERSON). Over 25 percent of the growth in our na-
California (Mr. THOMAS) for his efforts Mr. JEFFERSON. Mr. Speaker, I
tional economy over the last decade is tied di-
to reach a bipartisan consensus on this thank the gentleman for the time.
Why should Democrats support this rectly to international trade. Last year alone,
bill and the gentleman from New York my home state of Minnesota exported over
bill? Because this debate is not one of
(Mr. RANGEL) and the gentleman from pure philosophy. It has meaningful and $17.5 billion in goods and services. This is an
Michigan (Mr. LEVIN) for the comity powerful implications for the United increase of over $6 billion in the last decade.
that they have shown us in our efforts, States and the world, and we can be Over 270,000 jobs in Minnesota manufacturing
along with the gentleman from Cali- sure that the world is watching and exist because of trade, and trade-related jobs
fornia (Mr. DOOLEY) and the gentleman waiting for our leadership on this im- pay 13 to 18 percent more than other jobs.
from Tennessee (Mr. TANNER) for the portant issue. The U.S. is rapidly falling behind in our ef-
unique partnership that we have been Mr. RANGEL. Mr. Speaker, I yield 1 forts to sell our products abroad. We are a
able to forge on this bill. minute to the gentleman from Michi- party to just 3 of the nearly 130 free trade
I rise in strong support of the legisla- gan (Mr. BONIOR), the minority whip. agreements currently in force around the
tion. Why should Democrats support Mr. BONIOR. Mr. Speaker, what are world. And while Europe, our main competitor,
this bill? I think the first reason, Mr. we doing here today? In the midst of a continues to negotiate free trade agreements
Speaker, is because of our legacy. Ear- recession, we are debating a bill that with the rest of the world, the U.S. remains
lier this week, Jeff Sachs commented will cost even more American workers outside the process. Our interests are being
in the Wall Street Journal that Demo- their hard-earned paychecks that they ignored.
crats have a strong legacy of pro- pour their hearts and their souls into Mr. Speaker, TPA will help our President
moting democracy and free trade, high- every single day. We have lost over negotiate trade agreements that open up inter-
lighting the efforts of Woodrow Wilson, 150,000 jobs in Michigan, 3 million national markets for U.S. goods and services.
F.D.R.’s initiation of trade liberaliza- across the country with these bad Let’s give the President the tool he needs to
tion in the Great Depression, Truman’s trade deals over the last decade. create jobs, help workers and rescue our ail-
postwar launch of multilateral trade in When a factory closes in Detroit or ing economy.
the GATT, JFK’s call for deep tariff re- Saginaw or Flint or Kalamazoo, we not Mr. THOMAS. Mr. Speaker, it is my
ductions, and Bill Clinton’s completion only lose those good-paying jobs, we pleasure to yield such time as he may
of the Uruguay Round and the leader- cripple a whole community. We take consume to the gentleman from Ari-
ship in founding of the World Trade Or- away the tax base so there is no money zona (Mr. KOLBE), someone who has
ganization. there for fire and police and schools been a stalwart on trade.
Regarding the multilateral trade ne- and businesses. No one goes unaffected. (Mr. KOLBE asked and was given per-
gotiations, Sachs pointed out that Our trade agreements should pro- mission to revise and extend his re-
while this round is being launched mote human rights and democracy, marks.)
under a Republican administration, it they should improve working condi- Mr. KOLBE. Mr. Speaker, I rise in
might well be completed by a Demo- tions across the world, and they should strong support of Trade Promotion Au-
cratic one. The Dillon Round was protect our environment and the qual- thority.
launched by Eisenhower and finished ity of life. Mr. Speaker, much has been made here
by Kennedy. The Tokyo Round was b 1500 today about how trade promotion authority can
launched by Nixon, but completed by If we give the President Fast Track be a real shot in the arm for a struggling econ-
Carter, and the Uruguay Round was Authority, we will have no opportunity omy.
launched by Reagan and completed by to push for these protections. We will Other members have pointed out how TPA
Clinton. abandon our constitutional responsi- is a critical tax cut for American consumers,
History tells us, Mr. Speaker, this bility. For the American people, Fast workers, and companies. That, too, is true.
issue is about how our Nation engages Track will be a bullet train to the un- However, I want to talk about 3 other rea-
the world over trade issues through the employment line. sons why TPA is so critical for America.
institution of the Presidency, not Vote ‘‘no’’ on the Thomas Fast Track First, TPA strengthens our national security.
about a particular President. That is and preserve the voice of the people in Capitalism, trade, and the rule of law support
why I supported Fast Track under our trade decisions. freedom. Freedom and stable economies sup-
former President Bush, former Presi- Mr. THOMAS. Mr. Speaker, it is my port the growth of democracies. And democ-
dent Clinton; and that is why I support pleasure to yield such time as he may racies conduct peaceful commerce among
granting Trade Promotion Authority consume to the gentleman from Min- themselves. TPA for President Bush is vital to
now. nesota (Mr. RAMSTAD), a member of the bolster the global trading system. That system
Why should Democrats support this committee. is critical to US national security.
bill? Because it advances Democratic (Mr. RAMSTAD asked and was given Second, TPA is critical if we are going to do
trade principles in a meaningful and permission to revise and extend his re- more than spout rehtoric about helping the de-
balanced way. For the first time, ILO marks.) veloping world. Each year we pass a foreign
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9007
operations bill. While countries appreciate it, it agreements and is currently negotiating 15 today, not to urge Members one way or
is pennies on the dollar compared to the re- more. the other on the issue that is before us,
sources they need and compared to the bene- The United States has missed out on doz- but to state why, with really a heavy
fits that might flow from a new round of trade ens of opportunities to create economic pacts heart, why I am not supporting the
liberalization. Open markets, capitalism, and with other nations that want to buy goods first trade issue since I have come to
foreign direct investment are the real tools made by American workers. We are now not the Congress since 1992.
they need—not foreign aid. only losing markets and customers, one by In my congressional district, which is
And third, passing TPA is critical to US one, but are losing our position as a leader at the home to Silicon Valley, we have
global leadership. We stand at a pivotal mo- the table that shapes the international trading scores of unemployed workers. They
ment in world history. Our country fought two system. are part of that two-thirds of the
world wars, defeated the Soviet Empire in the By not being there, we allow Europe to set American work force that are not eligi-
Cold War, and adopted a foreign policy to standards that work against American prod- ble for unemployment benefits because
spread democratic values, ideas, and beliefs ucts, slowing U.S. economic growth now and they are contract workers.
around the world. We achieved much in the for decades ahead. According to the USDA’s I know what the new economy pro-
20th century. We must not put that at risk in Foreign Agricultural Service, Croatia, a country duced. I have faith in the industrial
the 21st century. that aspires to future EU membership, cur- leaders in my congressional district
Secretary of State Colin Powell says Trade rently plans to go further than the EU on and other places. I believe they will
Promotion Authority (TPA) is ‘‘an essential biotech Croatia has a draft law in process that help restore the economic well-being of
part of our diplomatic tool kit.’’ He urges that would institute an outright ban on any prod- our country.
we not allow our ‘‘broader foreign policy agen- ucts containing biotech materials. So we sim- But we in the Congress have an obli-
da to be hijacked by the terrorists,’’ and points ply must have our President at the table to in- gation to stand next to those workers
out that ‘‘trade helps create a secure inter- sist on science-based standards to protect and in my district and across the country
national environment within which Americans open markets to American products. that are part of the economic collat-
can prosper.’’ TPA is essential for our nation to remain eral of 9–11 and before that. That is
Trade promotion authority is critical for our prosperous, and passage will have a great im- why I rise. I asked for a vote on an eco-
national security, foreign policy, and US lead- pact on the workers I represent. Connecticut’s nomic package that would deal with
ership abroad. Vote ‘‘yes’’ on H.R. 3005. economy is very export-dependent. Last year, them first, and on the heels of that,
Mr. THOMAS. Mr. Speaker, it is my Connecticut’s export sales of merchandise to- support trade assistance.
So it is with a great deal of regret
pleasure to yield such time as she may taled $13.2 billion, supporting more than
that I state that I cannot and will not
consume to gentlewoman from Con- 180,000 jobs. Viewed on a per capita basis,
vote for the bill because of it.
necticut (Mrs. JOHNSON), a member of Connecticut ranks 6th nationally, with export Mr. THOMAS. Mr. Speaker, it is my
the Committee on Ways and Means. sales of $3,860 for every state resident. 85 pleasure to yield 1 minute to the gen-
Mrs. JOHNSON of Connecticut. Mr. percent of our exporters were small and me- tleman from Texas (Mr. COMBEST), the
Speaker, our security interests are dium-sized businesses. chairman of the Committee on Agri-
global. Our economic interests are Export-related jobs tend to be good, high- culture.
global. paying jobs. Wages of workers in jobs sup- Mr. COMBEST. Mr. Speaker, I thank
As we stand here today, since 1990, ported by exports are 13 to 18 percent higher the gentleman for yielding time to me.
the European community has nego- than the national average. Export-related jobs Mr. Speaker, I rise today in strong
tiated 27 free trade agreements. Do are also more secure, as exporting plants are support of H.R. 3005. Trade Promotion
Members understand that every one of 9 percent less likely to shut down than com- Authority is a win for American agri-
those free trade agreements socks in parable non-exporting plants. culture. It is a vital tool that the Bush
European products, European stand- Trade agreements do work: Total exports administration must have in order to
ards? Their electrical outlets are dif- from Connecticut to NAFTA countries (Mexico fight for the American farmers and
ferent than ours. They get into that and Canada) in 1999 were 44 percent higher ranchers in the global marketplace.
market, they get their goods in and our than 1993, before NAFTA. In all of my 17 years in Congress, I
goods are out. They are also good for consumers and are have never seen a President more com-
We act here on this more as if there equivalent to tax cuts, as trade agreements re- mitted and focused on American agri-
are not negotiations that are going to duce tariffs and provide lower-priced goods. culture. President Bush has stated that
go forward. They are going to go for- The average American family of four could it is his intention that agriculture re-
ward. The issue is, will America lead or see an annual income gain of nearly $2500 mains at the cornerstone of his admin-
will America follow. Are we going to from a global reduction in tariffs and trade bar- istration’s trade program, that his
allow jobs to be created in America, or riers—the objective of negotiations. commitment to the American farmers
are we going to let them go to Europe? TPA is good for workers, and good for con- and ranchers in all aspects is constant
Watch this standards issue. Soon to sumers alike. Furthermore, world trade nego- and strong.
enter the EU is Croatia. They are tiations are going to proceed. The only issue The President has firmly stated to
about to pass a bill that bans biotech is will America lead—or follow. At the very mo- me that the American farmer and
materials. What will that do to agricul- ment when our President has provided strong rancher will be the beneficiaries of
tural exports from America? Do we not and able leadership, diplomatic skill and sound Trade Promotion Authority, and I in-
want a President at that table demand- judgement to unite the world against terrorism tend to work with the administration
ing science-based standards? and create a more peaceful future, why would and the U.S. Department of Agri-
This is about trade of American prod- we not empower him to provide the same culture to ensure that the best inter-
ucts to grow our economy and create leadership to the economic discussions on ests of our farmers and ranchers are
jobs. I urge support. which our prosperity and the economic growth kept in the minds of American trade
Mr. Speaker, as our security interests are of the nation depends? negotiators.
global, so are our economic interests. If we I urge my colleagues to support passage of H.R. 3005 clearly provides that the
want to create new jobs and protect existing this needed legislation. Committee on Agriculture must be in-
jobs at home, we must open new markets to Mr. RANGEL. Mr. Speaker, I yield 1 volved in all discussions and consulta-
American products abroad. minute to the gentlewoman from Cali- tions during negotiations and imme-
Since traditional trading authority expired in fornia (Ms. ESHOO), a gentlewoman who diately prior to signing any agreement.
1994, we have lost customers to other coun- has worked hard over the years on As chairman of that committee, I in-
tries because they can now sell their goods trade issues. tend to make sure that that happens. I
without high tariffs simply because they have Ms. ESHOO. Mr. Speaker, I thank the will continue to work with the admin-
been at the negotiating table and have made distinguished ranking member of the istration to make sure that American
trade agreements that shut us out. committee, the gentleman from New agriculture uses all the tools necessary
Of the 130 existing free trade agreements, York (Mr. RANGEL), for yielding time to compete on the global stage.
America is a party to only 2—with Israel and to me. I rise today in support of H.R. 3005. Trade
the NAFTA countries. Since 1990, the EU has Mr. Speaker, I have but a few brief Promotion Authority (TPA) is a win for Amer-
completed negotiations on 27 free trade moments to come to the microphone ican agriculture and is a vital tool that the
H9008 CONGRESSIONAL RECORD — HOUSE December 6, 2001
Bush administration must have in order to fight (WTO), and most-favored nation status for The Clinton administration alone claimed to
for the American farmers and ranchers in the China, all of which I opposed, have, to varying have negotiated nearly 300 separate trade
global marketplace. In all of my 17 years of degrees, contributed to massive job loss and agreements. Of these, only the GATT Uruguay
Congress, I have never seen a President job dislocation, soaring trade deficits, eroding Round and NAFTA were done using fast-
more committed to and focused on American U.S. sovereignty, plummeting farm commodity track. Further, it is not just minor trade agree-
agriculture. President Bush has stated that it is prices, and degraded environmental condi- ments that have been negotiated without fast-
his intention that agriculture remains the cor- tions. I will speak more about these issues in track. Major agreements like the Jordan FTA,
nerstone of his administration’s trade program a minute. But first, I’d like to address the more our bilateral agreement on China’s accession
and that his commitment to American farmers fundamental question of whether fast-track is to the WTO, the Information Technology
and ranchers in all aspects is strong and con- an appropriate or necessary delegation of con- Agreement, the Financial Services Agreement,
stant. Therefore I support granting the Presi- stitutional authority. Proponents of fast-track and the Basic Telecommunications Agreement
dent trade negotiating authority and urge my and H.R. 3005 would have you believe that if were all negotiated without fast-track.
colleagues to do the same. Congress fails to grant this special negotiating Rather than granting the executive branch
The President has firmly stated to me that authority to the President that the U.S. econ- carte blanche negotiating authority, it seems
America’s farmers and ranchers will be the omy and the global economy will come to a that Congress would be well-advised to re-
beneficiaries of trade promotion authority. I in- screeching halt and allies will refuse to nego- assert its constitutional prerogatives and rein
tend to work with the administration and the tiate new trade agreements with us. That is in the freelance negotiating done by succes-
U.S. Department of Agriculture to ensure that sheer nonsense. sive administrations without clear authorization
the best interests of our farmers and ranchers Article I, section 8 of the U.S. Constitution from Congress. This is particularly true since
are kept in mind as agricultural trade negotia- grants Congress the exclusive authority ‘‘to trade agreements now deal with far more than
tions proceed. Since U.S. farmers and ranch- regulate commerce with foreign nations.’’ Fast- just setting tariff and quota levels, which were
ers produce much more than is consumed in track negotiating authority, which allows the primarily of interest to industry. Today’s inter-
the United States, exports are vital to the President to negotiate trade agreements with national commercial agreements impact much
prosperity and success of U.S. farmers and virtually no input from Congress and forces broader areas of public policy, including the
ranchers. TPA will give the President the flexi- Congress to vote yes or no on the agreement environment, consumer and worker safety,
bility to take advantage of market-opening op- without the opportunity for amendments, de- and a vast array of domestic regulatory stand-
portunities, while maintaining the closest pos- stroys the checks and balances built into the ards. The public and America’s congressional
sible consultation with Congress. It is impor- Constitution. This is not a partisan issue for representatives have a greater need to mon-
tant that American farmers and ranchers see me. I helped defeat legislation twice to grant itor negotiations and have meaningful input
agriculture trade and new trade agreements former President Clinton fast-track trade nego- into the outcome. That is impossible under the
as a positive force. Officials administering tiating authority. My opposition to fast-track is legislation on the floor today.
trade issues must both understand production due to my desire to protect the constitutional H.R. 3005 eviscerates Congress’ constitu-
agriculture here at home and the fierce com- prerogatives of Congress, as well as my belief tional role on trade. It includes essentially
petition in worldwide agricultural trade. that American workers and the U.S. economy worthless provisions requiring ‘‘consultation’’
H.R. 3005 clearly provides that the Com- have not been well-served by current U.S. with Congress by the executive branch. This
mittee on Agriculture must be involved in all trade policies. In essence, in one 62 page bill type of requirement has been routively ignored
discussions and consultations during trade ne- and one single vote, fast-track delegates four in recent trade negotiative, and no doubt will
gotiations and immediately prior to signing any critical constitutional powers of Congress re- be disregarded under the current administra-
trade agreement. As chairman of the com- garding trade. Under the fast-track process tion. Proponents of fast-track also claim that
mittee I intend to make sure that happens. I envisioned in H.R. 3005, Congress gives up: the President needs this authority to negotiate
will continue to work with the administration to The authority to decide the terms for trade— trade agreements that will be good for the
make sure that American agriculture uses all any negotiating objectives set by Congress U.S. economy. If that’s what the President
the tools necessary to compete on the global are not binding on the Administration or en- was actually going to do, it might make some
stage, while maintaining our international obli- forceable by Congress in any practical way; sense to provide him some leeway. Unfortu-
gations. the ability to enter into trade pacts of its own nately, the record of U.S. trade policy shows
As President Bush has said, the success of design—the Administration will sign an agree- otherwise. For example, consider our runaway
agriculture contributes to the strength of this ment, thus locking in commitments, before trade deficit. Last year, the U.S. trade deficit
Nation. Our President recognizes that the Congress votes up or down, leaving no oppor- reached a record $435 billion, up from $271
worldwide agricultural market has been rigged tunity for amendment; the authority to draft billion in 1999. The trade deficit currently
against farmers who play fair. Through trade laws—the administration will have the author- stands at an unprecedented 4.5 percent of the
negotiations we can achieve a more level ity to write implementing legislation for trade overall U.S. economy. Including interest pay-
playing field . . . and, as President Bush agreements that can change federal laws to ments, our net foreign debt is 22 percent of
says, that is good news for the world’s most conform to the agreement without any addi- GDP and is on a trajectory to reach 40 per-
productive food producers—the American tional congressional checks; and, the ability to cent of GDP in 5 years. Argentina’s experi-
farmers. I urge my colleagues to support H.R. set the congressional schedule—H.R. 3005 ence should serve as a warning. Argentina,
3005 and grant the President trade promotion per-sets the floor procedures for final consid- whose economy is suffering a total collapse
authority. eration of any trade agreements negotiated with the government threatening to default on
Mr. RANGEL. Mr. Speaker, I yield with fast-track. its debt, has a net foreign debt of 50 percent
such time as he may consume to the Given this wholesale delegation of our con- of GDP.
gentleman from Oregon (Mr. DEFAZIO). stitutional responsibilities, it stands to reason Why does the trade deficit matter? The U.S.
(Mr. DEFAZIO asked and was given that fast-track proponents must be under the trade deficit is financed by borrowing, often
permission to revise and extend his re- assumption that all wisdom on trade matters from foreign investors and foreign countries.
marks.) rests with those at the White House, the U.S. This is money that future generations of peo-
Mr. DEFAZIO. Mr. Speaker, I rise in Trade Representative’s office, and the Depart- ple living in the U.S. will have to pay back to
opposition to the bill. ment of Commerce. I find that insulting, and people living elsewhere, with interest. And
Mr. Speaker, there are so many problems given the pathetic record of previous trade when foreign creditors begin to call in their
with the fast-track trade negotiating authority agreements, absolutely incorrect. loans, it will be the American worker and the
legislation under consideration today that it’s Mr. Speaker, it is useful to step back and American family who pay the price caused by
hard to know where to begin. In short, H.R. look at the historical basis for fast-track. Fast- the indifference of policymakers in Wash-
3005 will cede blanket authority to the Presi- track was a Nixon-era presidential power grab. ington. Just ask workers in Argentina.
dent to negotiate future trade agreements that While proponents say that every president Is this really a problem? Yes. In December
perpetuate and expand the failed U.S. trade since Gerald Ford has had fast-track negoti- of 1999, well-known market-watcher Standard
policies of the most recent administrations with ating authority, what they don’t say is that it & Poor’s put the U.S. financial system on its
no meaningful checks and balances from Con- has only been used a handful of times—to ne- watch list of 20 countries that are ‘‘vulnerable
gress. gotiate the General Agreement on Tariffs and to a credit bust.’’ Surprisingly, the International
These failed trade policies, including the Trade (GATT) Tokyo Round and Uruguay Monetary Fund (IMF), which is generally rec-
North American Free Trade Agreement Round, the U.S.-Israel Free Trade Agreement ognized as a tool of the U.S. Treasury Depart-
(NAFTA), the World Trade Organization (FTA), the U.S.-Canada FTA, and the NAFTA. ment, has acknowledged the teetering nature
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9009
of the present U.S. financial condition. In a re- lar’s gold convertibility and allowed it to float nities. The domino effect of plant closures has
cent consultation with the U.S., the IMF noted, other currencies. What were these shockingly been linked to: increased domestic violence
‘‘The sustainability of the large U.S. current high deficits that led to this decision? A mere and substance abuse, reduced purchasing
account deficit hinges on the ability of the 0.1 percent and 0.5 percent of GDP in 1971 power for other businesses in the area that
United States to continue to attract sizable and 1972, respectively, minuscule compared used to depend on higher wage factory work-
capital inflows. Up to now, these inflows in to today’s deficits. Even the widely heralded ers as their customer base, a reduced tax
large part have reflected the perceived ‘‘new economy’’, which sacrifices manufac- base that decreases the ability of the local
attractiveness of the U.S. investment environ- turing in favor of high-technology products and government to provide necessary services,
ment, but such perceptions are subject to con- the service sector, is unlikely to improve the and eventually, population flight that exacer-
tinuous reappraisal.’’ In other words, foreign trade deficit. So-called post-industrial busi- bates the latter two problems.
investors could wake up tomorrow, look at the nesses earn very little from exports and there- Of course, it’s not just workers who have
large U.S. current accounts deficit, question fore will contribute little to improving our bal- lost as Congress delegated complete authority
whether we’ll be able to pay our bills, change ance of payments problem. Microsoft’s exports to negotiate trade agreements to the executive
their minds about the attractiveness of the typically only account for one-quarter of its branch. Farmers and rural communities have
U.S. investment environment, and plunge the total sales revenue. been utterly devastated. NAFTA and other
U.S. into a financial and economic crisis. Merrill Lynch is a classic service business. trade agreements were held out as a beacon
As an article in the Wall Street Journal on While the firm generates about one-quarter of of hope for America’s farmers. New market
August 14, 2000, pointed out, ‘‘Although he’s its revenue outside the U.S., most of it doesn’t openings were promised in which farmers
often credited with omniscience, Federal Re- count as U.S. exports since it generally serves could sell their surplus crops. All would be-
serve Chairman Alan Greenspan admitted his foreign customers from offices in the markets come rich. This never happened.
uncertainty about the trade deficit in testimony concerned. According to an article in the While giant agribusinesses exporters have
before the House of Representatives last American Prospect on August 14, 2000, ‘‘ . . . certainly benefitted, the vast majority of family
month.’’ Greenspan testified ‘‘At some point, it is apparent, that even in a good year, less farmers have struggled against a flood of
something has got to give, and we don’t know than 5 percent of the firm’s revenues con- cheap imports from developing nations. In ad-
what it’s going to be.’’ tribute to the American balance of payments.’’ dition, U.S. farmers have, despite commit-
The Chief Economist at Deutsche Bank Re- Ignoring U.S. trade deficits and continuing to ments to the contrary, been unable to open
search was quoted in the Wall Street Journal pursue the same-old failed trade policies is not new markets for their products as other na-
saying, ‘‘Confidence in the U.S.A. could sound policy, and could lead to an economic tions stubbornly maintain both tariff and non-
abruptly collapse before the rest of the world catastrophe. For this reason, Congress must tariff barriers to U.S. agriculture products. In
is firmly back on its feet.’’ Mr. Walter went on maintain its constitutional prerogatives on addition, trade rules discourage country-of-ori-
to say, ‘‘It is, at any rate, not out of the ques- trade, and oppose fast track. Failed U.S. trade gin labeling, which could allow consumers to
tion that capital flows into the U.S.A. will dry policies and subsequent trade deficits have pick U.S. grown produce, beef, or other com-
up, and that the dollar will take a rapid dive also cost millions of high-paying jobs across modities.
The statistics pointing to the failure of U.S.
. . .’’ the country. H.R. 3005 will help accelerate this
Paul Krugman, a mainstream, establishment trade policy for farmers are clear: The U.S.
job loss by continuing to force U.S. workers—
economist wrote in his column in the New balance of trade in farm products has fallen 57
who are the highest educated, best trained,
York Times on March 26, 2000, that ‘‘. . . percent since 1996. Prices for major commod-
most productive workers in the world—to com-
even the most successful economy must ities have fallen nearly 50 percent. 72,000
pete with exploited workers in developing
family farms disappeared in the mid to late
sooner or later export enough to pay for its im- countries who often make only a few dollars a
1990s. U.S. farm income is projected to de-
ports. Our current position, where we pay for day in dangerous work environments.
Various analysts have identified many nega- cline nine percent in the next year.
many of our imports by attracting inflows of Farmers should be wary of predictions that
capital—in effect by selling the rest of the tive consequences of massive, persistent
granting fast track will lead to new export mar-
world claims on our future exports—cannot go trade deficits: a sharp rise in income inequality kets. We’ve heard this all before, and farmers
on forever.’’ Krugman went on to write some- and stagnation of incomes for average work- are falling further and further behind. Various
thing that could turn out to be prophetic, ‘‘The ers; the shifting composition of employment forecasts by government agencies, private re-
trouble, you see, is that in economics, as in away from high-paying manufacturing jobs searchers, and lobbyists predicted steady
life, what you don’t pay attention to can hurt with benefits to lower-wage service sector growth in exports through the 1990s. These
you.’’ jobs; and decreased research and develop- forecasts all proved to be backwards. U.S.
It may not be so far in the future that foreign ment spending, which hurts our long-term eco- farm exports dropped 22 percent between
investors lose confidence in the U.S. economy nomic competitiveness; among other prob- 1996–2000. At the same time, farm imports
and the dollar and flee to other currencies as lems. According to the Economic Policy Insti- rose by nearly 10 percent.
has happened in England, Mexico, Southeast tute, the U.S. has lost 3 million jobs from A series of articles in The Oregonian high-
Asia, Brazil, and Russia in the past few years. 1994–2000 due to the U.S. trade deficit. Job- lighted the plight of farmers in my state. One
Of course, then the IMF can come to the res- loss associated with the trade deficit increased article detailed the unfair trade practices by
cue, force a structural adjustment program on six times more rapidly between 1994–2000 Chilean fruit growers that is causing Oregon
us, and demand export-led economic growth. than between 1989–1994. Every state and the farmers to go out of business. U.S. imports of
Maybe then we can reduce our trade deficit. District of Columbia has suffered significant Chilean red raspberries more than doubled
Catherine Mann of the Institute for Inter- losses. Ten states, led by California, lost over between 1998 and 2000. That increased
national Economics (IIE) has done research to 100,000 jobs each. My home State of Oregon Chile’s share of the U.S. market to 36 percent,
try to determine at what point deficits become has lost more than 41,000 jobs. up from 27 percent in 1998. The U.S. Inter-
unsustainable. The IIE is a respected, non- There are many parts of my district in national Trade Commission issued a prelimi-
partisan research organization that generally Southwest Oregon that never benefitted from nary ruling in favor of U.S. growers on the al-
supports unfettered globalization. Ms. Mann the so-called economic boom of the 1990’s. legation of illegal dumping, but the ruling came
examined Canada, Australia, and Finland and So, while proponents of fast-track will argue too late for many family farmers. On the
seven other economically advanced nations that trade has led to a net increase in jobs whole, Chile exports $900 million worth of ag-
with big trade deficits during the past 20 that proclamation rings hollow to many com- riculture products to the U.S. every year,
years. What she found should be a wake-up munities in Southwest Oregon. We’ve seen around six times as much as it imports.
call to American policymakers. According to our friends and neighbors lose high-paying, The story is the same for many other com-
her research, 4.2 percent of GDP is the limit family-wage jobs with health care benefits. If modities and many other trading partners. Or-
a current accounts deficit can research before they’ve been able to find work at all after egon wheat farmers had asked me to support
the economy begins to implode. The U.S. def- being laid-off, it’s for less pay, more hours, permanent most-favored-nation status for
icit has already reached and surpassed this and fewer benefits. China because of the supposed huge market
benchmark. In addition to these sometimes abstract, opportunities. However, China has a massive
It is also worth providing a bit of historical macro-level impacts, U.S. trade policies that surplus of wheat and no need to buy U.S.
perspective. It the early 1970s, the deterio- sacrifice U.S. jobs and industrial capacity have wheat. Shipments by Oregon wheat growers
rating trade balance was considered so severe main street impacts. The micro-level impact of have sat and rotted in Chinese ports.
that in August 1971, the Nixon administration factories leaving small, often single company It is worth quoting Dr. Willard Cochrane,
made the historic decision to abandon the dol- towns is devastating on families and commu- former chief economist at the Department of
H9010 CONGRESSIONAL RECORD — HOUSE December 6, 2001
Agriculture, at length on the folly of U.S. trade labor or environmental issues can have ‘social’ enough, the misguided U.S. trade policies that
policy as it relates to agriculture. He recently aspects that may involve humanitarian or would be perpetuated by the fast-track bill be-
wrote: human rights considerations, or considerations fore us today represent a frontal assault on
It does not make sense to pursue a strat- about conservation of natural resources. But it U.S. sovereignty.
egy of pushing exports when the global de- is unrealistic to suggest that as the issues op- H.R. 3005 proposes to expand NAFTA’s no-
mand is weak. To sell more of our farm com- erate among nations, they are not in substan- torious chapter 11 provision, for the first time,
modities in that situation requires us to tial measure economic in their nature. Indeed, allows a private company to sue a sovereign
price them below the going market price, foreign government in the event a country
the intensity of the controversy over them, es-
and thereby pull sales away from our com- takes an action that is ‘‘tantamount to expro-
petitors. This would, of course, invite retal- pecially between nations, is in good part be-
cause they are economic, and not just ‘so- priation.’’ Unfortunately, the definition of ‘‘tan-
iation in which those competitors (like
Brazil and Argentina) came back at us by cial.’ ’’ tamount to expropriation’’ turned out to be ex-
cutting their prices still further. This is not The Economic Strategy Institute (ESI), a traordinarily broad. In other words, if federal,
the way to profit from the export market— pro-trade think-tank that includes former offi- state, or local elected officials take action,
it is the formula for an expensive price war. cials of the Reagan administration has also such as through passing a law or regulation,
For the U.S., this is a terrible solution. concluded that these are economic issues and that a company believes unfairly limits their
The world prices for products like soybeans ability to make a profit, that company can sue
that labor standards are appropriate. ESI
and corn are already below the costs of pro- to get the law or regulation overturned or to
duction for most U.S. producers. To expand economist Peter Morici wrote in his book
Labor Standards and the Global System that, get monetary compensation for ‘‘lost profits’’
your sales by selling more at still lower price resulting from the action.
is no way to get well financially and to stay ‘‘An international regime that permitted import-
ing countries to embargo or impose tariffs on We have over seven years of experience
in business. This practice can only transfer
with the radical investment deregulation in-
the costs to the U.S. taxpayer, as we are con- goods made with exploited labor would in-
tinually forced to provide emergency pay- cluded in chapter 11 of NAFTA. During the
crease wages, speed development and in-
ments to farmers because of extremely low NAFTA debate, critics of the treaty, like my-
crease growth in countries where labor is ex-
prices. self, were told that fears about the forced
The global demand for American farm
ploited if these measures caused governments
overturning of consumer safety, health, or en-
products cannot be manipulated at the beck or producers to take corrective actions. . . .
vironmental laws or regulations were un-
and call of American policy makers. Foreign Better enforcement of [core worker] rights
founded. Unfortunately, events have proven
importers are not going to increase their would likely promote trade that increases in-
those fears to have been quite prophetic. A
purchase of American food products because comes and growth, both in industrialized and
U.S. policymakers want them to do so. Im-
string of chapter 11 cases has forced the re-
developing countries.’’ He went on to write,
ports of American farm products will in- peal of public health and environmental laws
‘‘Permitting workers to bargain collectively re- in Canada and Mexico, and, at least two
crease again only as those importing coun- duces distortions in the economy and results
tries pull out of their economic slump and cases have been filed against the United
consumer incomes begin to rise.
in a more efficient allocation of resources, States. There may be more, but because of
Fantisizing about solving the price and in- more exports, and higher GDP. In contrast, the secrecy surrounding these proceedings, it
come problems of American farmers through denying workers the right to bargain collec- is hard to know.
instantaneous global demand expansion is tively perpetuates distortions in the labor mar- In Methanex v. U.S., a Canadian corpora-
life fantasizing over winning the Power-ball ket, and results in an inferior allocation of re- tion is suing to overturn a California law en-
Lottery. The chances of success are about sources.’’
the same. Farmers generally, and family acted to protect its clean water supply, and
That being the case, why do fast-track pro- thus the health of its citizens. In Loewen v.
farmers in particular, would be better served ponents who oppose guaranteed workers
by forgetting about fixing the broken export U.S., another Canadian company is essentially
market for farm commodities, and concen-
rights favor a lower GDP for developing coun- arguing that the U.S. tort system—whereby ju-
trating their energies on enacting legislation tries, a distorted labor market, and an inferior ries are able to send strong messages via
designed to strengthen rural communities, allocation of resources? Free traders pride large damage awards to businesses who
reduce the pollution of America’s farmland themselves on promoting economic efficiency. abuse, defraud, or endanger their customers—
and rivers, and increase competition among Yet, economic efficiency depends on workers is illegal. In other cases, Canada has been
suppliers of non-farm produced inputs on the having rights. The Thomas bill, H.R. 3005, forced to overturn a ban on a suspected toxin,
production side, and among handlers and does not even guarantee that trade agree-
processors on the marketing side. the United Parcel Service has sued chal-
ments will recognize the five core International lenging the existence of the Canadian postal
I am also opposed to the fast-track legisla- Labor Organization standards: the right to service, and a Canadian steel company has
tion drafted by Chairman THOMAS because it freely associate, the right to bargain collec- sued over ‘‘Buy American’’ laws for highway
will help accelerate the destruction of the envi- tively, and bans on child labor, compulsory construction projects in the United States.
ronment both here at home and around the labor, and discrimination. The investor protections included in NAFTA,
world. Further, it will do nothing to ensure Environmental protection receives similarly and those envisioned by H.R. 3005, are much
basic labor rights for workers around the shabby treatment under H.R. 3005. The bill in- broader than previous investment provisions in
world. Proponents of fast-track would have us cludes no provisions that prevent countries international agreements. These investor
believe that incorporating labor rights and en- from lowering their environmental standards to rights are exercised in secretive tribunals that
vironmental protections that are enforceable in produce an economic advantage. The bill issue binding decisions without regard to con-
the exact same manner as the commercial does not require the negotiation of trade sumer health and safety or the environment.
provisions in trade agreements is an inappro- agreements that improve environmental stand- And, these investor protections are increas-
priate mixture of economic issues with so- ards. Environmental protections negotiated via ingly being used by businesses as a first re-
called ‘‘social’’ issues. That is, at best, a shal- multilateral environmental agreements (MEA) sort to influence the sovereign lawmaking and
low and disingenuous analysis. are put at-risk. Citizens have few, if any, rights regulatory processes of individual countries
Representative SANDER LEVIN, one of the to protest when governments fail to enforce rather than as a last resort for egregious con-
leading Democratic supporters of previous environmental laws, or labor laws for that mat- duct by governments. The end-result forces
trade agreements, put it best when he said ter. Even the language in H.R. 3005 that sup- taxpayers to fork over their hard-earned dol-
labor and environmental issues ‘‘are fun- posedly promotes environmental consideration lars to compensate corporations for our sov-
damentally economic issues that are directly is meaningless since it is non-binding on the ereign right as citizens to protect our health
relevant to the structure of international com- administration’s trade negotiators. and safety. I believe that federal, state, and
petition. In the domestic context, we don’t I have visited the U.S.-Mexico border since local governments should be able to act to
hesitate to say that ‘right to work’ laws or the enactment of NAFTA. It is a virtual waste- protect the public interest without being unnec-
emissions standard, to pick two examples, are land. Environmental protection is not a natural essarily restrained by trade agreements. Un-
issues that affect economic competition. In- result of so-called free trade agreements. En- fortunately, H.R. 3005 says otherwise.
deed, it was the economic relevance of the vironmental protection must be a mandatory Mr. Speaker, the American people are far
right of workers to associate, organize and objective, enforceable through the same dis- ahead of their elected officials in under-
bargain that made it so central in early, dec- pute resolution process as commercial provi- standing the need to halt and reverse the race
ades-long struggles in our nation. Accordingly, sion in trade agreements. H.R. 3005 falls far to the bottom in labor, human rights, and envi-
it is illogical and inconsistent to suggest these short of that standard. ronmental standards around the world.
issues are irrelevant with respect to inter- Finally, as if destroying American jobs, rural A recent study by the School of Public Af-
national commerce and competition. Certainly, communities, and the environment weren’t fairs at the University of Maryland found 93
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9011
percent of Americans agree that ‘‘countries (Mr. DREIER asked and was given pany relief, and now a big trade bill,
that are part of international trade agreements permission to revise and extend his re- and lots of appropriation bills, all of
should be required to maintain minimum marks.) which are important and all of which
standards for working conditions.’’ Further, Mr. DREIER. Mr. Speaker, on this, have great support, we cannot seem to
over 80 percent wanted to bar products made the 60th birthday of our friend, the find time to take care of the most im-
by children under the age of 15. Seventy-eight chairman of the Committee on Ways portant thing in front of us.
percent said the WTO should consider labor and Means, it is important to note that I said last week, I guess it is because
standards and the environment when it makes we are on the verge of casting the sin- we are not unemployed. If one is unem-
decisions on trade. Seventy-four percent said gle most important vote of the 107th ployed, unemployment is the biggest
countries should be able to restrict the imports Congress. Why? Because it deals with problem. They cannot get health insur-
of products if they are produced in a way that the two very important issues of our ance today. They cannot support their
damages the environment. Seventy-four per- economy and the U.S. role in the families. I talk to unemployed workers
cent also said we have a moral obligation to world, our leadership role. every day. Their problems are right
ensure foreign workers do not have to work in We know that the attack that was now, this week, today. I would hope
harsh or unsafe working conditions. Polls by launched on the United States first hit that we would get relief for them soon.
other independent organizations have drawn the World Trade Center, where people They need it. We have to do it. They
similar conclusions. from 80 nations around the world were deserve it. Rather than taking up every
Our current trade policies allow multinational killed, and it was the worst attack on other manner of bill, I hope we would
corporations to receive all the benefits of ex- our civilian population ever. They take that up.
panded trade with no corresponding obliga- knew exactly what they were doing. But let me direct my remarks to the
tions to workers, public health, or the environ- They were trying to undermine the bill from the Committee on Ways and
ment. We must reject the claims of proponents leadership role we are playing. Means and why I think it is ill-advised
of H.R. 3005 that the choice is between unfet- The fact is, the world is moving dra- and why the kind of bill that will be
tered ‘‘free’’ trade or no trade at all. matically towards free trade. The presented on the motion to recommit I
Let’s be clear. Fast-track, and the agree- President of Brazil said in a speech just think is the right way to go.
ments that would be negotiated with it, are not a couple of months ago in Portuguese, Let me say that over 20 years now,
about ‘‘free’’ trade. No one will be arguing for ‘‘Exportamos o moremos,’’ export or we have made great progress, in my
the complete removal of tariffs, quotas, or die. He understands that very well. view, on trade policy in America. Trade
other barriers to trade. No one will be arguing We as a Congress need to give this policy today is not what it was 20 years
authority to the President so that he ago. There is a good reason for that. In
for the uninhibited movement of citizens. And,
can pry open new markets for U.S. trade negotiations, 20 years ago the
no one will propose doing away with patents,
workers, producers, farmers, and busi- only thing that was ever really consid-
copyrights or other intellectual property protec-
ered were tariffs. It was a matter of
tions which, while they have an economic ra- nesses.
Mr. RANGEL. Mr. Speaker, I yield trying to get down high protective tar-
tionale, are protectionist and violate the dic-
myself such time as I may consume. iffs all over the world so that trade
tates of ‘‘free’’ trade. Rather, the debate today
Mr. Speaker, I hope the worst thing would take place between countries.
is about who will write the rules for trade and Today, we have moved way down the
who those rules will benefit. I believe Con- that happens today on the birthday of
road and the issues are not just tariffs,
gress must not abdicate our constitutional duty the gentleman from California (Mr.
the issues are really about compat-
to write the rules, and to do so in a way that THOMAS) is defeat of this bill and that
ibility: how do we get intellectual
benefits average working families, public the rest of the day goes well for him.
property laws in countries to be prop-
health and safety, the environment, and the But the best thing that could happen
erly enforced; how do we get capital
U.S. economy. for the country is that we defeat the
laws to be enforced.
I urge my colleagues to oppose H.R. 3005. bill and try to do it the right way. What we have brought to the table
Mr. RANGEL. Mr. Speaker, I yield 1 Mr. Speaker, I yield the balance of and tried to get on the table is the
minute to the distinguished gentleman my time to the gentleman from Mis- question of whether or not labor laws,
from Washington (Mr. MCDERMOTT), a souri (Mr. GEPHARDT), the minority human rights laws, environmental
member of the Committee on Ways and leader. laws, health and safety laws, should be
Means and an active member on trade. (Mr. GEPHARDT asked and was just as much a part of trade negotia-
Mr. MCDERMOTT. Mr. Speaker, the given permission to revise and extend tions as intellectual property laws and
last round of negotiations came down his remarks.) capital laws.
with 5,000 pages of rules and regula- Mr. GEPHARDT. Mr. Speaker, first I Now, we have made a lot of progress.
tions. We have today out here in 1 hour want to recognize the gentleman from We had a treaty with Jordan that was
set up the process by which we are New York (Mr. RANGEL), the gentleman recently brought to the Congress that
going to do this all over again. from Michigan (Mr. BONIOR), the gen- dealt with those matters, to the satis-
The majority would have us believe tleman from California (Mr. MATSUI), faction of the Government of Jordan
that it is not even worth taking the and the gentleman from Michigan (Mr. and to the satisfaction of the United
time to look at any alternative. They LEVIN) for a tremendous job in putting States.
say, well, you can have a motion to re- together the motion to recommit that We now go to another WTO Round.
commit. We can have 5 minutes to talk we will be talking about in a few mo- There are lots of other free trade trea-
about the process by which we arrive ments. They are truly hard workers, ties that we want to negotiate, that we
at 5,000 pages of trade legislation. and they truly care about a good trade should negotiate; but it is vital and im-
If Members think that is fair, if policy for our country. I thank them portant that the full range of issues
Members think that is what people for the hard work that they did to put that should be in those negotiations
sent the 435 of us here to do, they this together. are on the table in the core text of the
ought to vote for this. But if Members Mr. Speaker, I rise today to ask treaties.
think we need a little more time, and Members to vote yes on the motion to I was at Microsoft last week, and one
we have been here for almost 11 recommit; and if it does not prevail, I of the executives at Microsoft said to
months, and we come down here at the ask Members to vote no on the under- me, our intellectual property is still
last minute and we have less than an lying bill that has been presented here being pirated in China. We are not
hour for 5,000 pages. by the Committee on Ways and Means. being paid for our Windows software in
It does not work. They are going to Let me first say that I would have China. They can buy it on the street
have to come back again. hoped that we could have been on the corner, pirated copies. You need to do
Mr. THOMAS. Mr. Speaker, it is my floor today with worker relief. We are more, he said, to enforce the intellec-
pleasure to yield 1 minute to the gen- 11-plus weeks since September 11. We tual property agreements that are in
tleman from California (Mr. DREIER), have thousands of workers who have the treaties with the WTO and now
the chairman of the Committee on lost their jobs. China.
Rules, which shares jurisdiction over While we seem to find time for insur- Labor unions, workers, people con-
trade packages, including this one. ance company relief and airline com- cerned about the environment, people
H9012 CONGRESSIONAL RECORD — HOUSE December 6, 2001
worried about health and safety laws bates of this Congress. The gentleman trade group, said, this vote is every bit
have the same feeling about things who stood up and spoke before, just as important as our vote to give the
they care about. At the end of the day, prior to my taking the floor, is a per- President the authority to fight the
I think what this comes down to is son who leads the other side of the war on terrorism; this vote is being
what one worries about. aisle, a person who I have a great deal watched today closely by our allies and
What do Members care about? If they of respect for. We do not always agree. by our adversaries.
care about getting wages up in coun- As a matter of fact, there are a lot of Ironically, there is more at stake
tries abroad, if they think trade is a times we do not agree. But some of the here if we fail than if we succeed. If
long march to bring about compat- things he talked about today I do agree this vote prevails, the President has
ibility across the world so that we have with. the authority to negotiate further
real compatibility in countries, if we We talked about unemployed work- trade agreements. That is it. The
really worry about having consumption ers. We have seen 700,000 workers in President still has to bring those
as well as production, if Members be- this country lose their jobs since Sep- agreements back to Congress for ap-
lieve we have to build economies all tember 11. We need to stimulate our proval. If we do not like those deals we
over the world from the bottom up so economy. We need to support those can still reject them. But if we vote
people have enough money in their things that make this economy work. down this legislation, we send a ter-
pocket to really buy things, then they And one of the ways to do that is to be rible signal to the rest of the world. We
would agree with me that we need to aggressive, something that we have not say to the world that the Congress will
have a little bit different trade policy been able to do for a number of years; not trust the President to lead on
that I think is suggested in the motion go overseas, make the agreements, trade. We say to the world that Con-
to recommit, and not suggested in the make the deals that we have to, sell gress is not interested in promoting
bill the Committee on Ways and Means our products, put our people to work, trade. We say to the world that we
brought forward. create jobs in this country, and stimu- fight a war around this world on ter-
late and pass legislation that gives the rorism, that we would rather retreat to
b 1515 splendid isolationism than engage in
President of the United States the
Now, let me end with this. I was in abilities to go out and make those the world economy.
Pueblo, Mexico recently and I met with agreements. That is the wrong choice. The world
people in a factory there that went on We have talked about maybe this bill keeps spinning without us. There are
strike, put together an independent does not have all of the good things in 170 free trade agreements around the
union, something that has not often it maybe other bills did. We have world that have been negotiated in the
happened. And they won their strike talked about the Jordan trade agree- last several years. We have been party
because the leader of the new inde- ment we just passed a short time ago. to two, two, T-W-O, two, one, two, of
pendent union, a woman, went to each But I can tell you, this bill has those those agreements out of 170. That
house of every worker in that plant agreements in it that were in the Jor- means that we have not engaged. We
and got them to support the strike. dan trade agreement. The issues of are not there.
And they said to me, when I met with We can either watch from the side-
workers, the issues of environment are
them, how great it would have been lines or we can get in the game. Our
put into this agreement, put in this
had we had a provision in a trade trea- high-tech communities, our farmers,
bill.
ty with Mexico that they could have They talk about being able to nego- our manufacturing sectors, our sectors,
used to try to get labor laws in Mexico tiate on the international property they all want us to be in the game.
to be properly enforced so it would They understand that American leader-
rights. I understand the problems of
have been easier for them to succeed in ship on trade means more than Amer-
trading with China and trading with
what they finally succeeded in. One of ican jobs and a better standard of liv-
other places that do not quite have the
the first times that it has happened. ing for our workers.
laws that we have. But unless you have Many of you are concerned about
I think we need to help people like the structure so that our administra- your constituents. You have a right to
that in our own self-interest and in the tion and others can go forward and ne- be concerned about your constituents.
interest of our economy. Trade is a gotiate and lay down the agreements But the constituents in this Nation
critical issue going forward for this so that we can protect ourselves with want us to take steps now to promote
country. international property rights and oth- long-term economic security now and
I agree with a lot of the statements ers, we will never get them, because for the future. American leadership on
that have been made on the other side you cannot do it by waving a wand and trade means better economic security
of the aisle. We are the leader, we are you cannot do it by coercion. You have for our workers.
the one that needs to bring trade poli- to do it by negotiation, and you have Let me conclude by simply saying,
cies to the world. But in order to do it to have the ability to do that. reject isolationism, reject protec-
correctly we have to insist that all the I stood on this floor 5 years ago to tionism. Vote instead for the American
right issues be on the table. And that is give then President Clinton the ability leadership. Vote for American jobs.
what this debate is about. for Fast Track authority. I did that be- Vote for better economic growth. Vote
I urge Members to vote yes on the cause I thought it was the right thing to support the President this time, es-
motion to recommit. I urge Members to do. I did it because I thought the pecially in a time of war. Vote for
to vote no if that motion to recommit President of the United States, regard- Trade Promotion Authority.
does not succeed. We can come back less of party, ought to be able to go out Mr. BENTSEN. Mr. Speaker, I rise in reluc-
here, I am confident if we turn down to make agreements and negotiations tant support of this legislation, which would
this ill-advised bill, and we can reach a and then bring them back to this Con- provide trade promotion authority to the Presi-
bipartisan consensus on a trade bill gress for us to agree with or to disagree dent. Every President since 1974 has had ex-
that should get 400 votes on the floor of with. panded trade authority, but Congress allowed
this House of Representatives. Let us Today I rise in support of this legis- the provision to expire in 1994, and our subse-
do that and do it very soon. lation giving a new President Trade quent efforts to pass TPA have been unsuc-
Mr. THOMAS. Mr. Speaker, I yield Promotion Authority. And I urge all of cessful.
the balance of my time to the gen- my colleagues to do it. As I said, this As someone who has supported free and
tleman from Illinois (Mr. HASTERT), is a defining vote for this Congress. fair trade throughout my Congressional career,
the Speaker of the House of Represent- This Congress will either support our the vote on this issue has been particularly dif-
atives. President, who is fighting a courageous ficult because of the process the House Lead-
Mr. HASTERT. Mr. Speaker, I thank war on terrorism and redefining Amer- ership utilized to draft this legislation. More
the chairman for yielding me time. ican world leadership, or it will under- specifically, I believe while real progress was
Mr. Speaker, it is always an honor to cut the President at the worst possible made, more could have been done to address
take this floor. It is an honor to have time. the Democratic concerns in trade negotiations.
these debates because, let no one be David McCurdy, a former member of I also object to the timing of this measure,
fooled, this is one of the defining de- this body, now head of a high-tech which is being considered prior to enactment
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9013
of unemployment insurance legislation for It would be wrong to ignore the public am- ated more than 20 million new jobs since
those affected by the recession and the Sep- bivalence regarding globalization, and we 1998, generates a $76.5 billion annual trade
tember 11 terrorist attacks. I also wish this must recognize that while trade provides an surplus, and provides the greatest opportunity
legislation had incorporated more meaningful overall benefit, there are those who lose, and to increase American prosperity through inter-
language on reform of the trade adjustment the result can be devastating to working fami- national trade. To capitalize on our competitive
assistance program. Only after intense pres- lies and entire committees. It is important that edge and gain the benefits in economic pros-
sure and the prospect of failure did the House as the bill works it way through the legislative perity and jobs, we need to remove the many
Leadership and the White House concede that process, that there is clear followthrough on kinds of complex barriers that now block our
more must be done meet the needs of Amer- commitments to provide enhanced unemploy- trade.
ican workers suffering from the recession and ment assistance and health benefits. Further, In my own district in northern Illinois, small
those who lose their job as a direct result of I strongly urge that any final package include manufacturers are learning that if they want to
trade. With my colleague, Anna Eshoo, I have an enhanced and expanded TAA provision like remain in business they must begin tapping
offered legislation that presents a real reform that proposed in H.R. 3359. Lacking that, I new markets in Canada, Mexico, and over-
of the TAA program, and I am hopeful that the and others, I believe, will find it hard to sup- seas. In 1999, the Rockford metropolitan area
Senate companion to this bill—S. 1209—is port a conference report. exported $857.2 million worth of goods and
considered in short order by the full Senate, Mr. MANZULLO. Mr. Speaker, as we debate services, an increase of 64 percent since
and serves as the primary vehicle for con- trade authority, let’s not forget the fastest 1993, to practically every area of the world. As
ference consideration. growing and most exciting segment of Amer- exporting opportunities become known, north-
Despite these concerns, I believe passage ican exporters—our small business exporters. ern Illinois small and family owned businesses
of this legislation is needed to produce strong Trade Promotion Authority surely will assist are taking advantage of them. For example, a
trade agreements that open and expand mar- our negotiators in lowering barriers for this tool and die business with 40 employees at-
kets for U.S. goods and service. To create most promising engine of our exporting indus- tended a successful trade mission to Mexico
new opportunities for American workers and tries. Small businesses and family farmers in with the Administrator of the U.S. Small Busi-
their families, Congress must support policies America will especially benefit from new trade ness Administration.
that encourage growth and increased living agreements because exporting is the only Despite these encouraging statistics and
standards in the U.S. Passage of this legisla-
sure way they can do business overseas. With trends, there is much more work to do. While
tion will send a strong signal to the rest of the
Trade Promotion Authority, the President can small business exporters have more than tri-
world that the President and Congress are
more quickly ink foreign trade deals that will pled in number, they still form less than one
prepared to work together to reaffirm U.S.
give our small businesses new markets to sell percent of all small businesses in the United
leadership on global trade, and provides much
their goods and services. States. Even among these cutting-edge small
needed momentum to advance new and exist- The role of small business in our domestic firms, nearly two-thirds sold to just one foreign
ing trade negotiations around the world. economy is well documented. America’s 25
While I do not believe the underlying bill market in 1999. In fact, 76 percent of small
million-plus small companies are the backbone business exporters sold less than $250,000
went far enough in creating Congressional
of our economy. They create three of every worth of goods abroad. In other words, many
consultation, I was pleased with the inclusion
four new jobs, produce most innovations, and of these small firms are ‘‘casual’’ exporters.
of language creating a Congressional Over-
sight Group, comprised of members from all generate over half of the nation’s private gross The key is to encourage more small busi-
relevant committees, who are the briefed regu- domestic product. nesses to enter the trade arena and then to
The role of small business in international prod the ‘‘casual’’ small business exporters
larly, have access to negotiating documents
trade is less well known. In fact, small busi- into becoming more active. If we were able to
and become accredited members to the U.S.
nesses account for nearly 97 percent of the move in this direction, it could boost our ex-
delegation to ongoing trade negation. This
total number of all U.S. exporters. The number ports by several billion dollars. We need to get
measure also allows Congress to limit the abil-
of small business exporters has tripled over these engines of our domestic economic
ity of TPA procedures as a result of an Admin-
the past decade or so, increasing to over growth fully engaged in the global market-
istration’s failure to consult. And at the end of
every negotiation, Congress retains the most 224,000 small businesses directly involved in place. Hopefully, when Trade Promotion Au-
important protection against an agreement that exporting. Small businesses now account for thority is returned from the other chamber, it
is not in our nation’s interest—the right to ap- 29 percent of total merchandise export sales will contain a provision to create an Assistant
prove or disapprove the final agreement. spread throughout every industrial classifica- United States Trade Representative for Small
I also believe passage of this legislation is tion. What is more surprising is that the fastest Business.
needed to continue to foster economic growth growth among small business exporters has Trade barriers are insurmountable for small
worldwide. Indeed, trade and economic growth been with companies employing fewer than 20 business. While most large companies can ei-
provides the mechanism to help our devel- employees. These very small businesses rep- ther export or set up a factory overseas, most
oping countries expand their middle class and resented 69 percent of all exporting compa- small business exporters have only one
improve their standard of living. Since the end nies in 1999. Obviously, trade is essential to choice—that is to export from America. In ad-
of World War II, the liberalization of trade has their future and to all they employ—particularly dition, there are many complicated issues that
helped to produce a six-fold increase in at a time when our economy is facing difficul- face small business exporters, such as
growth in the world economy and a tripling of ties. That’s why groups like the Small Busi- streamlining foreign customs practices. Trade
per capita income that has enable hundreds of ness Exporters Association has strongly en- Promotion Authority will give the President the
million of families escape from poverty and es- dorsed H.R. 3005. Please find enclosed a tools he needs to negotiate away these unfair
tablish a higher standard of living. I believe copy of their letter to me. trade barriers.
passage of this bill helps us to continue to ad- Our nation also is poised to expand its ex- Trade Promotion Authority has been granted
vance those goals which support not only our ports in services, which is the fastest growing to the last six American Presidents. It simply
economic growth potential, but also helps pre- sector of our economy and one in which small gives the President the ability to negotiate
serve our national security. firms thrive. In fact, the service sector ac- trade agreements in a timely fashion. Once a
This bill does provide for issue related to counts for 80 percent of U.S. Gross Domestic trade deal is inked, the House and Senate
enforcement of labor and environmental laws Product and U.S. employment—83 million have 90 days to approve it on an up or down
to be principal objectives in any trade agree- jobs. These service jobs are good paying vote. Under the version considered today,
ment negotiated under TPA and that there can jobs—their average annual income of $32,865 Congress will be more involved than ever in
be no backsliding on current law. This is a a year slightly exceeds the average annual in- foreign trade deals because the bill creates a
strong achievement when compared to earlier come of manufacturing jobs. Although we in Congressional Oversight Group to oversee ne-
versions including the original Crane bill. This Congress tend to think of trade primarily in gotiations and consult with the Administration
measure requires the President to determine a terms of goods, our services trade is where throughout the process.
remedy to meet any non-enforcement, and I we have our competitive edge. The U.S. is the Currently, more than 134 trade agreements
believe such a provision provides an Adminis- world’s largest exporter of services—services exist in the world and the United States is
tration with the latitude necessary to negotiate such as telecommunications and information party to only two of them. Trade Promotion
reasonable enforcement provision, without technology, insurance, securities, banking and Authority would help the President open new
mandating specific penalties—an action that funds management, energy, legal and edu- markets to American products, knocking down
would keep many of our prospective trading cational services, accounting, express deliv- unfair tariffs and foreign trade practices and
partners away from the negotiating table. ery, travel and tourism. This sector has cre- preserving and creating more high-paying jobs
H9014 CONGRESSIONAL RECORD — HOUSE December 6, 2001
in the United States. American jobs that in- We hope that you will stand with small constitutional obligations to balance these
volve exporting pay 13 to 18 percent more business tomorrow. competing interests. Thus, I believe that any
than other jobs. Regards, system of trade guidelines dispensed to the
Expanded trade is needed now more than JAMES MORRISON.
President should fully discharge our constitu-
ever. In these tough economic times, Amer- Ms. JACKSON-LEE of Texas. Mr. Speaker, tional obligations and responsibilities to our re-
ican workers need work. This legislation will I rise not in opposition to free trade, or trade spective districts.
not only preserve jobs, but it will give our em- promotion authority. I come to the floor today H.R. 3005—railroaded through committee
ployers new markets to increase their busi- to register my opposition to the form Chairman by Chairman THOMAS—does not strike this
ness so they can put unemployed Americans THOMAS and the Republican leadership have balance. At best, the legislation pays lip serv-
back to work where they belong. chosen H.R. 3005. For the ‘‘Bipartisan Trade ice to the concerns of the labor and environ-
Economic studies show that a new World Promotion Authority Act of 2001’’ is anything mental communities, and fails to substantively
Trade Organization (WTO) round would but, simply does not fully address the well address the concerns of the American people
produce enormous benefits for the United founded concerns many Americans have that our trade policy be constitutionally sound.
States. If the round reduced existing tariffs about international trade policy. To begin, H.R. 3005 does not require coun-
and all service barriers by one-third, it has the Let me begin by stating that I am in favor tries to implement any of the five core ILO
potential to add $177 billion to the U.S. econ- of sensible, sustainable international trade. standards; the right of association; the right to
omy. Removal of all trade barriers would add The United States is a major part of the global collective bargaining; bans on child labor;
$537 billion to the U.S. economy, $450 billion economy, and the health of this nation and its compulsory labor; or discrimination. H.R. 3005
of which would be from services. workers depends upon the ability of American requires only that a country enforce its existing
Services and agricultural negotiations need producers and service providers to have ac- law—whatever law that happens to be.
to be re-energized by a successful new trade cess to markets to conduct business. It was Through proponents of the legislation claim
round. Nothing would assist American success Democratic President John F. Kennedy who that H.R. 3005 does require countries to con-
in these talks, and continuing bilateral and stated, ‘‘A rising tide lifts all boats.’’ I firmly be- sider labor standards, the bill constructs these
multilateral negotiations, than the passage of lieve that in the case of international trade, core standards as mere ‘‘general negotiating
Trade Promotion Authority. Without a new this sentiment rings true, and that an economi- objectives.’’
round, these negotiations will run out of cally stable world where every nation can as- Thus, negotiation on, or implementation of,
steam, and our companies, economy, and job- pire to a standard of living that reflects the labor considerations in trade agreements en-
creation potential will suffer. elbow grease and ingenuity of its people is acted under this formula would not be subject
Renewing TPA will show our trading part- to the economic realities of a global trade re-
within our reach.
ners that we have the political will to start and gime. Instead, they would be subject to the
Mr. Speaker, I have genuine concerns about
conclude serious negotiations. I urge my col- whims of the negotiators and their political
the current state of the global economy. Over
leagues’ support of H.R. 3005. agenda. The bill also requires countries to
SMALL BUSINESS EXPORTERS ASSO-
the last two years economic slowdown has im-
CIATION, pacted the entire world. The Bush administra- continue to enforce whichever labor standards
Washington, DC, December 5, 2001. tion has finally acknowledged that not only are they have, rather than recognizing the ILO
Rep. DON MANZULLO, we in a recession, but that we have been a re- conventions. Consequently, rather than ensur-
House Small Business Committee, 2361 Rayburn cession since March. The recent tragedies as- ing that we foster positive labor standards with
House Office Building, House of Represent- sociated with September 11 and the U.S. our trading partners in order to keep multi-
atives, Washington, DC. Postal Service have shaken the confidence of national corporations from exploiting foreign
DEAR REP. MANZULLO: As the Chairman of
this nation’s workforce even more, and despite workforces to the detriment of their domestic
the House Small Business Committee, you
are one of Congress, most committed advo- the thousands of jobs that have been lost, the workers, this bill would encourage it. No great-
cates of small business growth and families who have suffered the most from the er incentive to stabilize worker conditions
prosperty. The Small Business Exporters As- sum total of events have been least on the around the world is contained in this bill, than
sociation urges you to act on that commit- agenda of the Republican Majority in this Con- in previous versions of Trade Promotion Au-
ment tomorrow—by voting for Trade Pro- gress. thority that were voted down by this Body. Yet
motion Authority for this and future Presi- My own district, Texas’ 18th is a glaring ex- this bill is supposed to help create and keep
dents. ample of the competition that exists between American Jobs.
This issue is sometimes seen as a struggle
between the priorities of big business and big ensuring the stability of working families and H.R. 3005 also falls severely short of incor-
labor. It is anything but. As the nation’s old- adapting to the realities of the new global porating the environmental externalities asso-
est and largest association dedicated exclu- economy. Recently, the economic tide caught ciated with international trade as a component
sively to small and mid-size US exporters, up with Enron, a major global employer in my part of the trade regime. This bill considers
SBEA is hearing loud and clear from its district. Though I have every confidence in environmental objectives to be ‘‘general nego-
members that TPA may well make or break Houston to set the ship back on course, thou- tiating objectives as well.
their ability to compete globally. However, H.R. 3005 does not require any
Though the number of small business ex-
sands of families will be the losers in the in-
porters in the US has tripled, reaching more terim, and that weighs heavily on my mind. concrete action from U.S. negotiators. The bill
than 200,000, smaller exporters face huge new International trade is vital to the health of requires only that the President ‘‘consult’’ with
challenges, and our progress is at risk. The my district. The Business Roundtable esti- other countries and ‘‘promote consideration’’ of
high cost of the dollar in foreign currencies mates that exports directly support 10,000 Multilateral Environmental Agreements. Thus,
and the worldwide economic softening have jobs in my district. Another 55,000 jobs with the bill contains no real assurances that the
dealt serious blows to our ability to sell wholesalers and service providers either whol- environment will be respected. H.R. 3005
abroad. ly or partially depend upon export sales. By would also allow greater rights for foreign in-
We’re also losing customers as free trade
agreements spread around the world—with- the same token, though NAFTA has lead to a vestors in U.S. than U.S. firms due to its mim-
out the US—and our products grow more ex- 100 percent increase in Texas exports to Can- icry of NAFTA’s chapter 11 rules regarding ex-
pensive as a result. ada and Mexico, this trade agreement has re- propriation and takings, and it does not ad-
Big businesses can deal with the high dol- sulted in severe distress to America’s steel in- dress key concerns raised under NAFTA in-
lar and the free trade agreements by shifting dustry. It has cost literally thousands of U.S. vestment rules that allow for the challenge of
production overseas. Small business can’t. jobs and forced district manufacturers like laws which are ‘‘tantamount to expropriation.’’
Price us out of a market and we’re out.
Maas Flange to seek and obtain a remedy Last Minute changes to H.R. 3005 in this area
America loses the sales, jobs and economic
growth. from the International Trade Commission. are an indication of the flawed philosophy be-
The vote on TPA tomorrow will send a Every Member here today can outline a hind the Thomas legislation; the Leadership
powerful signal—whether Congress intends similar set of tensions when determining the has paid too little attention too late in this
to strengthen a strategic growth area of the best course of action for their district. In the process to convince this Body that labor and
American economy, or accentuate a down- years since Trade Promotion Authority, or Fast the environment are legislative priorities of
ward economic spiral. Track, expired in 1994, we have had the op- U.S. international trade, and they should be.
SBEA understands that compromises will
portunity to witness the need for free trade. Finally, this bill does not fully discharge
be necessary in the months ahead. There are
many interests affected by US trade agree- We have also learned the reality that the trade Congress’ Constitutional obligations regarding
ments. We support those compromises. But a rules can have a profound impact on labor U.S. trade. Simply put, H.R. 3005 includes no
vote against TPA is not a vote for com- forces as well as the local and global environ- effective mechanism for congressional partici-
promise. It is a vote to end the discussion. ments. As a legislator, I take seriously my pation in developing international trade. The
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9015
bill includes only more consultations and a re- Agreement (NAFTA), and for many years, I trade policy. It does this by replacing the inef-
cycled oversight mechanism from the 1988 have supported legislation to increase trade, fective mechanisms included in the 1988 ‘‘fast
law that was never used, which requires the such as ‘‘most favored nation’’ status for track’’ law with a procedure for structured bi-
Ways and Means and Finance Committees to China. I did so because of promises made to ennial review of ongoing trade negotiations
act as gatekeepers. This function has never address the negative impacts of free trade subject to fast track. It also gives Congress an
previously been utilized effectively, and there agreements on U.S. workers and industries. opportunity to pass a resolution of disapproval
is no reason to assume this will change. However, once the trade agreement passed if the U.S. decides to inaugurate a new re-
The Leadership of this House has made a these promises were ignored and forgotten. gional or multilateral trade negotiation. The
mistake with this legislation. Recent trade Since the passage of NAFTA, on numerous Rangel bill helps to ensure that Congress is
agreements with Jordan and the Andean occasions, I have loudly voiced my concerns an active participant in important negotiations.
countries prove that Congressional priorities to Cabinet officials and trade negotiators about The Thomas bill’s approach is to view Con-
and international trade can be reconciled. the necessity to live up to the promises to help gress as an occasional consultant.
Thus, to send a bill to the floor which does not displaced workers. In short, although it is not perfect, I believe
ensure that the recent trends in U.S. Law are One such promise was the establishment of the Rangel substitute addresses most of the
respected is an irresponsible way to conduct the Community Adjustment and Investment legitimate concerns that have been raised
trade policy. As such, despite my support of Program—CAIP—which was intended to pro- about the negotiation of free-trade agree-
free trade, I cannot support the trade regime vide financial assistance for American compa- ments.
fostered by this legislation. nies located in NAFTA trade-affected areas. In Free trade agreements and free trade poli-
Only H.R. 3019 fosters trade in a manner practice however, CAIP did little to help these cies are desirable goals, but we should never
that considers its effects on workforces, the companies. In fact, CAIP was never of any as- forget that they also impact many Americans
environment, our national sovereignty, and our sistance to the garment industry located in my adversely. By requiring implementation of
constitutional obligations as members of Con- district, which experienced enormous job labor and environmental standards, together
gress. The bill makes international labor losses after the passage of NAFTA. CAIP’s with the active involvement of Members of
standards a specific negotiating objective of overly stringent eligibility requirements com- Congress both Republican and Democratic
the Free Trade Area of the Americas, and it pletely overlooked textile manufacturing com- administrations are likely to construct trade
requires the creation of a Working Group on panies too small to qualify or who did not policies consistent with our principles as a so-
Trade and Labor within the WTO. H.R. 3019 meet the job loss threshold requirements. This ciety.
also provides a real mechanism for members essentially makes the CAIP program meaning- The Rangel substitute is the best vehicle for
of Congress to play an ongoing role in this in- less and ineffective. achieving this goal. I urge my colleagues to
creasingly important sector by structuring a re- Meanwhile, last year the Los Angeles Times support the motion to recommit and oppose
view process of ongoing negotiations and in- reported that employment in the Los Angeles the Thomas bill.
creasing congressional oversight of negoti- garment trade dipped below 100,000 for the Mr. LIPINSKI. Mr. Speaker, trade is clearly
ating objectives. first time since NAFTA was enacted in 1994, an important component of our national econ-
International trade is vital to the people of with nearly 13,000 jobs lost since 1997 alone. omy. Accordingly, I strongly support fair trade
the 18th district of Texas. So too are their The jobs lost have almost exclusively been laws that ensure a competitive foundation for
jobs, the environment, and the freedom of our blue-collar sewing jobs. American exports by promoting American val-
nation. It is our mandate as legislators to bal- Knowing that adequate and appropriate ues. Fair trade laws ensure that workers and
ance these interests for the good of our na- safeguards are not currently in place to help the environment do not get exploited for short-
tion. The H.R. 3005 version of trade promotion our nation’s displaced workers, I cannot sup- sighted profits; free and unfettered trade
authority does not do this, and I therefore can- port extending Trade Promotion Authority to agreements trade away American jobs. The
not support it. By putting politics before policy, the President. I also cannot support this bill, language in H.R. 3005 provides hollow prom-
the Republican leadership has ruined an op- because it does not sufficiently address my ises to the environment and American work-
portunity to ‘‘lift all boats,’’ for only the H.R. growing concerns regarding issues of labor ers. For years, supporters of these agree-
3019 version of Trade Promotion Authority has standards, environmental protections, and ments have argued that trade is the cure-all
the opportunity to ride a ‘‘rising tide’’ of sup- congressional oversight on trade negotiations. for the American economy. To the contrary,
port to passage. I regret that the Rules Committee has rec- the U.S. economy has been struggling for
Ms. ROYBAL-ALLARD. Mr. Speaker, I rise ommended a closed rule on this bill specifi- some time now, and we have empty trade ac-
in opposition to H.R. 3005, the ‘‘Fast Track’’ cally blocking Democrats from offering amend- cords to thank for it. We simply cannot have
Trade Promotion Authority bill and in support ments to address the concerns regarding this free trade at any cost.
of the Rangel substitute in the motion to re- bill. Clearly, now is not the time to pass fast-
commit. However, while I will oppose the Thomas track authority. In the third quarter of this year,
As a member of this House and as a mem- bill, I will support the Rangel substitute in the economic activity fell 1.1%; there is virtual
ber of the California Assembly prior to my motion to recommit. The Rangel bill includes agreement that the United States economy is
election to the House, I have been a long-time provisions that address many of my concerns in recession. Last year, the U.S. trade deficit
supporter of free trade policies. As a Califor- about labor rights, environmental protections, reached a record $435 billion. Including inter-
nian, I understand very well the many advan- and congressional review. First, the Rangel est payments, the United State’s net foreign
tages that come from open markets, the low- substitute sets out clear negotiating objectives debt is 22% of the gross domestic product.
ering of tariffs, and the elimination of other for labor standards. The Rangel substitute for- Not surprisingly, personal bankruptcies hit
trade barriers that prevent American products bids slave labor, and outlines strict rules on an all-time high of 1.4 million this year. The
from competing on a level playing field in the use of child labor, and on the freedom of unemployment rate has been rising steadily,
overseas markets. workers to associate and bargain collectively. and the number of laid-off workers receiving
American workers are the most productive The Thomas bill, in contrast, has no require- unemployment benefits rose to 3.8 million last
workers in the world, and consumers around ment that a country’s laws include any of the month, the highest level since I came to Con-
the world desire quality American products. I five core International Labor Organization gress. But there’s more: Industrial construction
strongly believe that given a level playing field, standards. is at its lowest level in 7 years. Since last July,
American companies will thrive in overseas Second, the Rangel substitute sets out clear 1.5 million U.S. manufacturing jobs have been
markets. negotiating objectives for environmental stand- lost, and 26 steel companies have gone bank-
I am also well aware of the value of open ards. The Rangel substitute would commit rupt.
markets to American consumers. Americans countries to enforcing their own national envi- These conditions hit too close to home for
are shrewd consumers. Their open-minded at- ronmental laws and prevent them from waiving my constituents. In my home state of Illinois,
titude in considering and purchasing quality existing standards for the purpose of gaining a the fourth-largest economy in the union, eco-
goods produced in other countries instills com- competitive advantage. The Thomas bill does nomic activity has fallen for seven straight
petition in both American and foreign compa- little to ensure that environmental rules estab- months. Output at factories in the Chicago
nies which, in turn, lowers prices for American lished by Multilateral Environmental Agree- area has contracted for 14 straight months.
families and increases their real income. ments have equal status to other provisions of Last month, a Clorox plant in my district
Knowing the many benefits of increased trade agreements. closed and laid off 95 workers. Furthermore, a
trade between the U.S. and other countries, I Third, the Rangel bill ensures a continuing 3M tape production facility announced it would
voted for the North American Free Trade and active role for Congress in setting U.S. be shutting down as well, displacing 270 hard-
H9016 CONGRESSIONAL RECORD — HOUSE December 6, 2001
working Chicagoans. Both companies cited should be non-negotiable priorities of any fu- My constituents are troubled that H.R. 3005
the global economic downturn as the reason ture trade deals. The Fast-Track proposal does not require any signatory to an agree-
for these closures. does not require that our trade partners agree ment to improve or even to maintain that its
Mr. Speaker, given a fair environment, our to these basic standards. Furthermore, an in- domestic laws comply with the standards of
workers will out-perform any competitors. But centive must be in place for our trading part- the International Labor Organization. Among
we cannot compete with countries that sub- ners to achieve fair and responsible labor H.R. 3005’s principal objectives is a provision
jugate their environment and pay their workers standards and under the Thomas bill this will entitled labor and the environment, which calls
90 cents per day. Now, in the midst of a re- not happen. for the signatories to trade agreements to en-
cession, we are asked to vote to further these The Thomas bill falls short of any meaning- force their own environment and labor laws.
problems. I urge a ‘‘no’’ vote on H.R. 3005. ful protections for the environment, as well. Our nation as a leader in the global trade
Now is definitely not the time for fast track au- Because only voluntary negotiating objectives community must set the example by encour-
thority. are in place, trading partners can lower their aging our prospective trading partners to raise
Mr. ROEMER. Mr. Speaker, I rise today to environmental standards to gain unfair trade their labor and environmental standards before
voice strong support for free and fair trade but advantages. Furthermore, the Thomas bill we enter into any trade agreements with them.
also my opposition to the Representative does not block foreign investors lawsuits from In the end, it will be the United States which
THOMAS’ Fast-Track bill. As a cofounder and a challenging domestice environmental laws. is called upon to provide the resources to
current leader of the New Democrats, I am In conclusion, Mr. Speaker, during these clean up environmental disasters and to bail
dedicated to finding new and innovative ap- times of uncertainty brought about by the war out collapsed economies that failed as a result
proaches to expanding our trade opportunities. on terrorism and an apparent economic slow- of substandard labor conditions.
Over the course of my six terms in Congress, down, we must heed the challenge to think Through their first-hand accounts, my con-
I have demonstrated a strong record on free anew when it comes to U.S. Trade Policy. We stituents report that workers in many nations
trade by voting for the General Agreement on must balance our commitment to trading our in which we seek to enter into bilateral and
Tariffs and Trade (GATT), the Africa Growth goods and services abroad while also ensur- multilateral trade agreements are subjected to
and Opportunity Act, the Caribbean Basin Ini- ing the protection and well-being of our work- exploitation, harassment and worse for exer-
ers. The Thomas bill is unbalanced and would cising their rights to collective bargaining, and
tiative (BCI), Permanent Normal Trade Rela-
are forced to work under harsh conditions. For
tions with China (PNTR), and most recently represent a step backwards in our pursuit for
example, in our own hemisphere more than 33
the Andean Trade Promotion Act. free and fair trade.
The global landscape for trade among na- Mr. GILMAN. Mr. Speaker, I commend the percent of the complaints filed with the Inter-
tions continues to grow in complexity, how- diligent efforts of the distinguished chairman of national Labor Organization’s Committee on
ever, as more nations enter the international the Ways and Means Committee, the gen- Free Association originate in the Andean re-
tleman from California, Mr. THOMAS, my col- gion. I understand that new labor laws in Bo-
market to trade goods and services. Just as
leagues and their staff members in drafting livia, Ecuador, Colombia, and Peru undermine
we advocate more efficient, fiscally respon-
and sponsoring H.R. 3005, the Bipartisan the right to collective bargaining, and there are
sible government that encourages economic
Trade Promotion Authority Act of 2001. scores of reports from NGO’s regarding un-
growth, so must we support free and fair trade
This measure has been referred to as the conscionable violations of the most funda-
agreements that recognize the challenges
most environmentally and labor responsive mental rights for workers and their union rep-
faced by American workers in the age of
legislation regarding Trade Promotion Author- resentatives. The AFL–CIO reports that since
globalization. The opportunity exists for the
ity (i.e. Fast Track) to be sponsored by the January 2001, more than 93 union members
United States to act as a world leader by en-
Congress. However, I share the concerns in Colombia have been murdered, while the
acting strong trade provisions that protect the
raised by my constituents in that H.R. 3005’s perpetrators have gone unpunished.
American worker and the environment. The How the United States engages in trade ne-
Thomas bill missed this opportunity by failing labor and environmental standards do not go
gotiations and its practices are crucial not only
to enact meaningful labor and environmental far enough to ensure a level playing field in
for our future, but for our democratic process.
standards. trade agreements. H.R. 3005 refers to envi-
Since our Nation’s conduct is scrutinized
If you look at past free trade negotiations ronmental and labor provisions as negotiating
worldwide we should set the right example.
leading up to the Doha Ministerial Conference objectives. Nevertheless, our trade history re- Events during the recent World Trade Organi-
of the World Trade Organization last month, veals that during the past 25 years including zation negotiations in Doha, Qatar have made
the incremental increase in complexity and de- labor rights, and now environmental rights, as this fact even more apparent. That organiza-
tail involved in trade negotiations is striking. In ‘‘negotiating objectives’’ do not guarantee that tion is seeking to adopt a worldwide ‘‘Investor-
1979, the Tokyo Round Agreement included these provisions will actually be included in State Clause’’ during its next round of discus-
only six areas for negotiation. Some of these trade agreements. The geopolitical and trade sions. This clause was written into Chapter 11
issued areas included tariff levels, government landscape has changed. Of the 142 members of the North American Free Trade Agreement
procurement, and technical product standards. comprising the World Trade Organization (NAFTA) for the purpose of protecting busi-
In 1994, the Uruguay Round negotiations inte- (WTO), 100 are classified as developing na- nesses from expropriation by foreign govern-
grated upwards of sixteen areas for trade ne- tions and 30 are referred to as lesser-devel- ments. However, its application deviates from
gotiation including new issues such as intellec- oped nations. Why is this important? It is im- its original purpose of protecting signatories
tual property rights and trade in agriculture. In portant because with China’s accession into from expropriations.
November 2001, the Doha Ministerial WTO the WTO, those 130 nations will then become NAFTA Chapter 11 cases such as
Negotiations included upwards of 26 areas for more forceful in promoting their own trade Methanex v. United States, allow a foreign in-
debate. Among the issues open for negotiation agendas. What H.R. 3005 does is create an vestor to sue a signatory government if their
were anti-trust laws, electronic commerce, and incentive for a nation to create a more favor- company’s assets, including lost profits and
product labeling to name a few. able trade agreement for itself by lowering its other intangibles are damaged by our laws or
As trade negotiations between nations in- environmental and labor standards. At best, regulations. The provisions of Chapter 11 call
volve more issues, there is absolutely no ex- many of these nations’ labor and environ- for an arbitration panel, which meets in secret,
cuse to exclude new compliance standards re- mental standards are substandard. and its findings are not subject to public dis-
garding labor and the environment. This is the As drafted, the overall negotiating objective closure.
time for the United States to take the lead to of H.R. 3005 is to promote respect for worker NAFTA’s Chapter 11 standard of proof is
ensure that American jobs are protected at rights. My constituents are concerned that the much lower than what our own courts would
home and that human rights laws are enforced worker rights provisions do not guarantee that require in a commercial case. The standard is
by our trading partners. ‘‘core’’ labor standards are included in the cor- whether the regulation illegitimately injured a
The Thomas bill falls well short of a guar- pus of prospective trade agreements. By core company’s investments and can be construed
antee for strong labor standards. By merely labor standards, I refer to the International as an expropriation, which generally requires a
requiring a country to enforce its own existing Labor Organization’s 1998 Declaration on physical taking of property or assets, even
labor laws, the Thomas bill provides no U.S. Fundamental Principles and Rights at Work: though in Chapter 11 cases no assets were
leadership on the treatment of the world’s la- freedom of association, the right to organize physically taken. By virtue of this provision,
borers. In fact, the five core International and for collective bargaining, and the rights to our laws may be challenged in ways not fore-
Labor Organization (ILO) standards are not be free from child labor, forced labor and em- seen by our Congress and in ways that are in-
even enforced. A commitment to principles like ployment discrimination, which many people consistent with our own court’s judicial inter-
opposition to forced labor and child labor throughout the world are confronted with. pretation, which are rendered irrelevant by
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9017
NAFTA’s Chapter 11 provision. Methanex is for unemployment, health insurance and work- sales to overseas markets; U.S. agriculture
seeking 970 million dollars. er training. The President has told me he sup- consistently enjoys a trade surplus; and next
Mr. Speaker, we must seek out ways to ports it too. year agricultural exports are expected to reach
make trade compatible with conservation of My wish was that working together we could $54.5 billion, producing a trade surplus of
the environment and by adhering to core labor vote and pass it first as evidence that we $14.5 billion. But that is just a fraction of what
and environmental standards that are both in- would keep our promises to workers. could be possible with freer and fairer mar-
corporated into the body of a trade agreement Sadly we didn’t. Sadly I can’t support TPA kets.
and enforceable. today until we do. According to the U.S. Trade Representative,
Accordingly, I am not able to support H.R. Mr. STENHOLM. Mr. Speaker, I rise in sup- NAFTA, and the Uruguay Round have re-
3005. port of Trade Promotion Authority. As a life- sulted in higher incomes and lower prices for
Mr. TIAHRT. Mr. Speaker, I rise in strong long supporter of improved trade opportunities goods, with benefits amounting to $1,300 to
support of the Trade Promotion Authority Act for American producers, my inclination always $2,000 a year for an average American family
of 2001. This important legislation will allow is to begin with a favorable disposition toward of four, NAFTA has also produced a dramatic
the United States to negotiate trade agree- trade bills which come before Congress. I am increase in trade between the United States
ments in order to increase exports and stimu- convinced that American producers can, and and Mexico. In 1993, United States-Mexico
late our economic recovery here at home. It do, win with freer and fairer trade. Certainly, trade totaled $81 billion. Last year, our trade
will also enable the President and Congress to not every conceivable trade bill deserves sup- hit $247 billion—nearly half a million dollars
work together to advance our interests around port but, in general, I am strongly persuaded per minute.
the world by guaranteeing Congress substan- that increased trade opportunities improve the U.S. exports to our NAFTA partners in-
tial participation in trade negotiations and al- lives and pocketbooks of American workers. I creased 104 percent between 1993 and 2000;
lowing the President the authority to sign also believe that enhanced trade is a potent U.S. trade with the rest of the world grew only
meaningful agreements. mechanism for America to export our values, half as fast.
Today’s economy is dependent on global practices and democracy along with our prod- Increased trade supports good jobs. In the
trade. Therefore, American businesses must ucts. five years following the implementation of
have access to foreign markets. There must Unfortunately, early messages from the cur- NAFTA, employment grew 22 percent in Mex-
be a level playing field. Farmers throughout rent administration forced me to question ico, and generated 2.2 million jobs. In Canada,
my state of Kansas depend on foreign mar- whether enhanced trade authority would be employment grew 10 percent, and generated
kets to purchase significant portions of their prudently used if granted this year. In par- 1.3 million jobs. And in the United States, em-
crops and livestock. And in a time where pro- ticular, I was sorely disappointed by state- ployment grew more than 7 percent, and gen-
ductivity exceeds the ability of the domestic ments by the current Administration which erated about 13 million jobs.
market to absorb current production levels, the made me doubt their understanding of both But as I said before, I acknowledge that
need to create overseas customers is more domestic and international farm policies and, there are those who do not win in the short
important than ever. In fact, Agriculture must run under certain trade situations. For workers
particularly, the impact of those policies on the
export one-third of its production because it is who have lost in trade in the past, I also be-
producers of our Nation’s food and fiber. I am
nearly three times more dependent on exports lieve that the best—and perhaps only—way to
not going to be party to a unilateral disar-
than other sectors. fix what has failed is through new negotia-
mament of our farmers and ranchers for
Mr. Speaker, it’s not just agriculture which tions, which level the playing field. We must
someone else’s partisan philosophical rea-
benefits from free trade. Boeing, the largest speak with a unified voice that is forged
sons.
exporter in the United States, sells more than through a close partnership between Congress
Furthermore, the early handling of this issue
half of its commercial planes to overseas cus- and the executive branches. That is envi-
by both the Administration and the House
tomers. Last year, the company, which em- sioned in the compromise bill.
leadership confirmed what has appeared to We in agriculture have only begun to reap
ploys nearly 200,000 Americans, reported that me throughout the year as legislative arro-
one-third of its sales were to international cus- the benefits of a half century of trade negotia-
gance. While it may be numerically possible to tions under GAIT and the WTO, which have
tomers. pass bills with Republican-only votes, ulti-
Expanded trade has never been more im- reduced the average tariff on industrial goods
mately there is a price to be paid for this sort to about 4 percent. That is a fraction if the 62
portant. Economists agree that America is in a
of shortsighted partisanship by either party. percent tariff that is imposed on our exports of
recession and we must work to get our econ-
Successful trade legislation always has re- agricultural products.
omy moving again, This is an opportunity to
quired bipartisan support; when the well of Indeed, reform of agricultural trade policies
boost the economy by opening new markets.
This bill ultimately saves American con- good will has been drained by earlier legisla- begun in the Uruguay Round provided not
sumers money, it increases American exports, tive battles fought entirely on partisan only additional market access for agriculture
it creates American jobs, and it guarantees grounds, issues like trade arrive with inad- but, perhaps more importantly, it provided the
that the United States will remain the world’s equate troops supporting the effort. necessary framework to improve market ac-
All of that being said, I am reassured both cess in future negotiations.
economic leader.
I urge my colleagues to vote ‘‘yes’’ on the by several conversations I personally have Now is the time to press forward with addi-
Bipartisan Trade Promotion Authority Act. had and by those which have been reported to tional trade reforms that will improve market
Ms. HARMAN. Mr. Speaker, this has been me from colleagues who share some of my access for our agricultural products.
a long day in a needlessly partisan fight. concerns. As a naturally optimistic person, I In addition to tariff barriers, U.S. agricultural
I support Trade Promotion Authority and am willing to hope that this experience might exports must compete with subsidies from for-
have voted for it in the past. The bill I voted signal an awakening to political and legislative eign governments. Europe alone spends 75
for in 1998 is not as good as the text before realities by some important players in both the times more in agricultural export subsidies
us today. executive and legislative branches. than does the United States. In fact, Europe
I represent a trade-dependent district, and With my chairman on the Agriculture Com- spent $91 billion last year to support agri-
understand very well why trade helps our mittee, I am supporting the trade promotion culture, almost twice the $49 billion spent by
economy. authority legislation before us today. I do be- the United States.
But context matters. Our country was in a lieve that the enhanced congressional con- Europe is aggressively pursuing trade
serious economic recession before September sultation and oversight in the current bill are agreements with other countries, already se-
11, and now faces enormous hardships just as vital for ensuring that our constituents’ views curing free-trade or special customs agree-
the holiday season arrives. Forty-one thou- and needs are respected by our trade nego- ments with 27 countries, 20 of which it com-
sand workers are out of jobs in the commu- tiators. I highly commend this and other im- pleted in the last 10 years. And the EU is ne-
nities surrounding Los Angeles International provements made by my colleagues JOHN gotiating another 15 accords right now. Last
Airport. Their airline and airport-affiliated jobs TANNER, BILL JEFFERSON, and CARL DOOLEY. year, the European Union and Mexico—the
evaporated in the aftermath of 9–11. The truth about trade is that there always second-largest market for American exports—
Workers first, Mr. Chairman. Those workers are both successes and failures, winners and entered into a free trade agreement. Japan is
and those negatively impacted by September losers. But for the Nation as a whole, trade is negotiating a free-trade agreement with Singa-
11 and trade must be helped first before we a net positive. pore, and is exploring free trade agreements
pass TPA. When it comes to agriculture, the successes with Mexico, Korea, and Chile.
I support the package of worker benefits have outweighed the failures. American farm- There is a price to pay for our delay in ne-
that the House leadership supports: $20 billion ers and ranchers now make a quarter of their gotiating new trade agreements. For example,
H9018 CONGRESSIONAL RECORD — HOUSE December 6, 2001
U.S. exports to Chile face an 8-percent tariff, So I was disappointed when H.R. 3005 was job losses with over 300,000 jobs lost to
but Canada exports to Chile without the tariff introduced, as it was clear that Chairman NAFTA’s explosion in imports. Proponents of
because of the Canada-Chile trade agree- THOMAS wasn’t willing to work to gain broad the last fast track bill assured us that more
ment. As a result, United States wheat and support for his bill. In contrast, in my view, the jobs would be created than would be lost.
potato farmers are now losing market share in version of the legislation introduced by Ways Clearly, this is not the case. Now, Mr. THOMAS
Chile to Canadian exports. and Means Ranking Member RANGEL and is asking Congress to support a bill that is
American farmers and ranchers can’t afford Trade Subcommittee Ranking Member LEVIN weaker than the fast track language used to
for us to stand by and watch the world write would take important steps in the right direc- negotiate NAFTA. I warn my colleagues not to
new trade rules. The United States needs to tion and would provide a better foundation for be fooled into believing that promises made to
lead a new round of negotiations, and we developing sound legislation. provide benefits in an economic stimulus
need trade promotion authority to do it. But the rule under which this bill is being package to workers who have recently lost
I encourage my colleague to support the debated does not even provide for consider- their jobs, will come close to justly compen-
compromise bill today and you will be sup- ation of the Rangel-Levin bill as an alternative. sating the millions of workers who have al-
porting American farmers and ranchers as well Although the rule does make some slight im- ready lost their high-paying manufacturing
as other business men and women who have provements to the Thomas bill, the changes jobs. Nor will it suffice in protecting those who
the capacity to strengthen our economy as are too little and too late. have yet to see unemployment from the trade
well as their own livelihoods if they are just It is incumbent on us in Congress to con- negotiations that have yet to be signed.
given the chance. tinue to work to update our trade policy to take I want to make one thing clear: H.R. 3005
With millions of jobs and billions of dollars at account of this changed landscape. That does not help U.S. workers. This bill is in-
stake, we cannot afford to be partisan or cava- means we need a trade promotion bill that in- tended to protect and promote multinational in-
lier with this vote. My hope is that this week cludes a stronger role for Congress, and vestments. The bill neglects to provide any en-
we will produce not only a legislative victory stronger environmental and labor provisions. forceable requirements that the U.S. Trade
on Trade Promotion Authority but also a blue- The Thomas bill before us does not measure Representative (USTR) negotiate any of the
print for greater respect and improved working up, and I cannot support it. five core International Labour Organization
relations between the parties on substantive Mr. MURTHA. Mr. Speaker, I urge the standards. We need USTR to negotiate an
national policy. House of Representatives to reject this ‘‘fast- agreement that commits countries to imple-
Mr. UDALL of Colorado. Mr. Speaker, I can- track’’ trade legislation—this bill will not meet ment and enforce in their domestic laws both
not vote for this bill. our trade goals, and will hurt rather than help the right to associate and bargain collectively,
I believe in free trade and am philosophi- and prohibitions on child labor, compulsory
our needed economic recovery.
cally opposed to protectionism. I am particu-
Many industries, such as the U.S. steel in- labor and discrimination in hiring. When work-
larly sensitive to the economic challenges
dustry, are being hard-hit by subsidized for- ers are not given these basic rights, they are
faced by the ‘‘high technology’’ sector of our
eign imports, yet this bill does not require U.S. exploited. This is what has happened with
economy, and believe that there was an op-
negotiators to seek wide protections such as NAFTA. Workers in the U.S. are given these
portunity to craft a bill that would have se-
the United States needs from such dumping rights but this is not the case in Mexico. So
cured broad bipartisan support on trade. Un-
by foreign countries in key areas such as rather than continue to pay a decent wage to
fortunately, this bill falls short of that bipartisan
steel, lumber, cement, and agriculture prod- a U.S. union worker, a factory owner can
promise.
The stakes on trade promotion authority—or ucts. move the business to a country where there
‘‘fast track’’—have changed, along with the Moreover, this bill will not attack the key are no labor laws and labor costs are lower
global trade landscape. Easing barriers to trade steps we need to take—rather, we need than in the U.S. Although Mexico has seen a
trade no longer simply involves tariffs or a revised U.S. trade policy that will eliminate significant increase in manufacturing with
quotas. In our increasingly globalized world, the record-level trade deficit, protect U.S. jobs NAFTA, Mexican manufacturing workers have
trade negotiations involve areas that used to and the U.S. economy, and promote U.S. ex- seen a 21% decrease in their wages. Mexico’s
be considered U.S. domestic law—from regu- ports. This bill before the House of Represent- burgeoning middle class has yet to materialize
latory standards and antitrust laws to food atives will only mean more U.S. jobs lost to and the working poor have spiraled deeper
safety and prescription drug patents, to name overseas, subsidized manufacturers. into poverty. Clearly, the 1988 fast track nego-
just a few. The U.S. can compete with any nation in tiating authority hurt U.S. workers as much as
And because the trade landscape has the world as long as the competition is fair, it hurt Mexican workers. Congress must insist
changed, I—along with many of my col- but this legislation will actually encourage on stronger trade negotiating objectives to pro-
leagues—believe that the way in which we go other countries to avoid U.S. anti-dumping tect U.S. workers as well as the exploited
about negotiating those trade agreements laws, and worsen rather than strengthen our workers around the globe. The Thomas pro-
should be different than it has been in the economy. It also fails to strengthen overseas posal fails to do so.
past, when Congress agreed to limit its role in worker rights and require environmental Under NAFTA’s Chapter 11, corporations
this important aspect of national policy. progress. have been given unprecedented immunity
Now, even more than before, broad support Yes, we need a revised U.S. trade policy, from domestic statute through global trade
is needed for any bill that would relinquish the but we need one that protects U.S. jobs and agreements. H.R. 3005 embraces NAFTA’s
authority of Congress to represent the nation stimulates economic growth. This bill does not Chapter 11 provisions, which vitiate U.S. stat-
by reviewing agreements or decisions reached reach that goal at all, and it should be rejected ute in deference to foreign corporations. This
by the Executive. If we are going to vote to re- by the House of Representatives as a state- has the consequences of hurting the environ-
duce congressional review and give favorable ment that we will stand-up for the U.S. econ- ment as well as public safety. Intended as an
treatment to trade agreements, we should at omy and protect U.S. jobs rather than sending investor protection measure, Chapter 11 al-
least provide that these agreements meet cer- business and jobs overseas. lows foreign-based corporations to seek dam-
tain minimum standards. The stakes—for Mr. STARK. Mr. Speaker, I rise today in ages from governments that engage in protec-
American workers and for the environment— strong opposition to H.R. 3005, a bill to grant tionist behavior and interfere with corporations’
are too high for us to do otherwise. the President fast track trade negotiating au- abilities to fully realize anticipated profits.
In June of this year, the gentleman from Illi- thority. The bill before us today is weaker on Californians have confronted the ludicrous
nois, Mr. CRANE introduced a fast-track bill labor and environmental language than the protections Chapter 11 provides for investors
that was roundly criticized as not providing a 1988 fast track bill used to negotiate the North while consumer safety and the environment
strong enough role for Congress and not ad- American Free Trade Agreement (NAFTA). As are made to suffer. The Canadian-based
dressing concerns about labor or environ- witnessed by the surge of imports and loss of Methanex Corporation has sued the U.S.
mental standards. As Ways and Means Chair- millions of jobs since NAFTA’s enactment, under NAFTA’s Chapter 11 provisions, be-
man THOMAS prepared his revised legislation, Congress must hold the President accountable cause California’s phase-out of the harmful
many of my colleagues and I had hoped that for negotiating trade agreements that are gasoline additive, MTBE, has hurt the price of
he might have better understood that building stronger than that of NAFTA—not weaker. Methanex stock. MTBE contaminated Califor-
a bipartisan consensus requires consultation While gross U.S. exports rose 61.5% be- nia’s drinking water due to underground gaso-
of Members on both sides of the aisle. Only tween 1994 and 2000, presumably as a result line storage tank leaks. Logically, California
then could Chairman THOMAS’s bill have cor- of NAFTA, imports rose by 80.5% over the lawmakers have ordered the additive out of
rectly been named the ‘‘Bipartisan Trade Pro- same period resulting in over 3 million trade- their gasoline, even if it means slightly higher
motion Authority Act.’’ related job losses. California led the states in gas prices at the pump. However, if the
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9019
closed-door NAFTA dispute panel decides in ular Presidents take office in the future. I role in building international trading systems
favor of Methanex, taxpayers could be strongly urge all of my colleagues to vote NO based on American principles of market-based
slapped with a billion dollar fine. The Thomas on TPA. economics and fair play.
proposal before us does nothing to address Mr. OXLEY. Mr. Speaker, a vote in favor of Giving the President the authority to nego-
this egregious flaw in the NAFTA agreement. Trade Promotion Authority today will be a vote tiate trade agreements is good for Con-
In fact, it encourages similar provisions in fu- in favor of U.S. workers, it will be a vote in necticut, the United States and every country
ture trade agreements. favor of increased exports, and it will be a involved.
The current fast track bill being considered vote in favor of economic growth. Exports accounted for almost one quarter of
does nothing to protect U.S. jobs, does noth- This bill will have a positive effect on all as- all U.S. economic growth in the last 10 years.
ing to protect the environment and does noth- pects of the U.S. economy, not the least of Trade promotion authority should pass without
ing to protect U.S. consumers. Until such which will be the services sector. delay.
issues are addressed in binding legislative lan- Last year the U.S. exported $295 billion in Mr. PALLONE. Mr. Speaker, this debate on
guage. I cannot support fast track trade nego- services, compared to imports of $215 billion, ‘‘Fast Track’’ is not about whether or not the
tiating authority. I encourage my colleagues to leading to an $80 billion surplus in services U.S. should be participating in the global
do join me and vote no on H.R. 3005. trade. economy—we all agree on that. This debate is
Mr. PAUL. Mr. Speaker, we are asked today Between 1989 and 1999, 20.6 million new about HOW we are going to participate in that
to grant the President so-called trade pro- U.S. jobs were added to the economy in serv- economy.
motion authority, authority that has nothing to ice related industries. These knowledge-based In this time of economic recession, I feel
do with free trade. Proponents of this legisla- jobs account for 80% of the total private sector that we have responsibility to the American
tion claim to support free trade, but really they employment in the U.S. worker and the workers around the globe to
support government-managed trade that Today we have the opportunity to either ex- ensure that American labor standards are en-
serves certain interests at the expense of oth- pand this number by voting in favor of H.R. forced globally. It is unacceptable that Amer-
ers. True free trade occurs only in the ab- 3005, or to begin to erode these impressive ican jobs are being shipped overseas to coun-
sence of interference by government, that’s figures by denying the President the tools he tries that refuse to pass or enforce minimal
why it’s called ‘‘free’’—it’s free of government needs to negotiate strong free trade agree- labor protections.
As many of us can remember all too well,
taxes, quotas, or embargoes. The term ‘‘free- ments.
Fast Track Trade Authority was last used to
trade agreement’’ is an oxymoron. We don’t As Chairman of the Financial Services Com-
pass the North American Free Trade Agree-
need government agreements to have free mittee I understand how important this bill is to
ment (NAFTA) in 1993. While the Administra-
trade; but we do need to get the federal gov- maintain our competitiveness in the inter-
tion claims that NAFTA is a resounding suc-
ernment out of the way and unleash the tre- national arena. Earlier this year, the Com-
cess, I contend that this is far from the truth.
mendous energy of the American economy. mittee held hearings in which representatives It is estimated that NAFTA has cost nearly
Our founders understood the folly of trade from the insurance, banking and securities in- 1 million U.S. manufacturing jobs and tens of
agreements between nations; that is why they dustries testified that barriers to overseas mar- thousands of family owned farms to go out of
expressly granted the authority to regulate kets will severely affect their ability to compete business. In my home state of New Jersey,
trade to Congress alone, separating it from the with foreign based financial service providers. alone, it is estimated by the U.S. Department
treaty-making power given to the President Financial services firms contributed more of Labor that more than 20,000 jobs were di-
and Senate. This legislation clearly represents than $750 billion to U.S. Gross domestic Prod- rectly lost due to NAFTA’s scope.
an unconstitutional delegation of congressional uct in 1999, nearly 8% of total GDP. Over 6 NAFTA has also been a disaster in the area
authority to the President. Simply put, the million employees support the products and of environment protection and public health.
Constitution does not permit international trade services these firms offer. TPA will eliminate Since passage, pollution also in the U.S. Mex-
agreements. Neither Congress nor the Presi- impediments to foreign markets and enable fi- ico border has created worsening environ-
dent can set trade policies in concert with for- nancial service providers to continue to act as mental and public health threats in the area.
eign governments or international bodies. the engine that drives economic growth. Along the border, the occurrence of some en-
The loss of national sovereignty inherent in Approximately 80 percent of the world’s vironmental diseases, including hepatitis, is
government-managed trade cannot be over- GDP and half of the world’s equity and debt two or three times the national average, due
stated. If you don’t like GATT, NAFTA, and markets are located outside the U.S. More to lack of sewage treatment and safe drinking
the WTO, get ready for even more globalist than 96% of the world’s population resides water.
intervention in our domestic affairs. As we overseas, with India and China alone account- This is unacceptable. In my mind, no matter
enter into new international agreements, be ing for 2.3 billion people. Many of the best fu- what this Administration promises, Fast Track
prepared to have our labor, environmental, ture growth opportunities lie in ‘‘non-U.S.’’ only causes the quality of life in America to be
and tax laws increasingly dictated or at least markets. compromised.
influenced by international bodies. We’ve al- If U.S. service providers cannot access My friends—I say, fool me once, shame on
ready seen this with our foreign sales corpora- these markets or operate on a level playing you. Fool me twice, shame on me. I urge my
tion tax laws, which we changed solely to field overseas we will be left behind by foreign colleagues—don’t be fooled again. We have
comply with a WTO ruling. Rest assured that financial service providers. already allowed the word of past Administra-
TPA will accelerate the trend toward global I strongly urge my colleagues to join me in tions cost thousands of American jobs and fur-
government, with our Constitution fading into supporting H.R. 3005. Our workers need it, ther destroy our environment. Let’s not make
history. our exporters need it and our economy needs the same mistake again.
Congress can promote true free trade with- it. Vote ‘‘no’’ on Fast Track.
out violating the Constitution. We can lift the Mr. SHAYS. Mr. Speaker, trade promotion Mr. DAVIS of Florida. Mr. Speaker, I rise in
trade embargo against Cuba, end Jackson- authority enhances the United States’ ability to support of H.R. 3005, the Bipartisan Trade
Vanik restrictions on Kazakhstan, and repeal negotiate agreements that help American Promotion Authority Act (‘‘TPA’’), which will
sanctions on Iran. These markets should be workers and businesses. Just as we can’t re- open up new markets for our businesses here
opened to American exporters, especially peal the laws of gravity, we can’t ignore the in the United States. This bill is about breaking
farmers. We can reduce our tariffs unilater- fact that we live in a world with a global econ- down trade barriers abroad and expanding op-
ally—taxing American consumers hardly pun- omy. portunities for American workers. This legisla-
ishes foreign governments. We can unilaterally It is estimated if global trade barriers could tion recognizes the reality of today’s global
end the subsidies that international agree- be cut by just one-third, the world economy economy and equips our country with the tools
ments purportedly seek to reduce. We can would grow more than $600 billion each year. necessary to maintain America’s leadership
simply repeal protectionist barriers to trade, Talk about economic stimulus—this is it! throughout the world.
so-called NTB’s, that stifle economic growth. Trade promotion authority will open new I would be remiss if I did not voice my con-
Mr. Speaker, we are not promoting free markets. Without this authority, trading part- cern about the timing of today’s debate. At
trade today, but we are undermining our sov- ners will not put forth meaningful offers. Tariffs times like this, we must work together. Yet for
ereignty and the constitutional separation of on American products won’t be reduced, and a number of understandable reasons, this bill
powers. We are avoiding the responsibilities our economy will grow at a much slower rate. is far from enjoying bi-partisan support. Never-
with which our constituents have entrusted us. Passing this bill signals to the world we are theless, I do not control the agenda; thus,
Remember, congressional authority we give committed to global trade and free markets. It here we are debating the bill without the fullest
up today will not be restored when less pop- allows the United States to take a leadership support it could enjoy.
H9020 CONGRESSIONAL RECORD — HOUSE December 6, 2001
The evolving nature of the trade debate is country. It is an agreement that will benefit 34 to eliminate anti-dumping regulations has driv-
evident. Instead of discussing whether to ad- countries, consisting of 800 million people with en US steel into the ground. And we want to
dress labor and environmental issues in the a combined GDP of $13 trillion. The potential give them even more authority to negotiate
text of TPA and future trade agreements, Con- benefits of increased trade with Latin America trade agreements?
gress is discussing how to address these con- for our nation and the State of Florida are tre- Mr. Speaker, my district is blessed with
cerns. I believe this bill has taken a giant step mendous. In Florida, Latin America and the thousands of acres of the most fertile farmland
forward since the last floor vote in 1998. While Caribbean are our most important markets, in the country where John Deere revolution-
not perfect, for the first time ever in a TPA bill accounting for about 80 percent of all exports ized agriculture with the invention of the steel
labor and environmental standards will receive from the state. Furthermore, over the past plow. The farmers in my district have strug-
parity in enforcement alongside subjects cov- three years, eight of the top 10 Florida-origin gled as corn and soybean prices have
ered in trade agreements such as foreign in- export destinations were FTAA countries. As dropped in half over the last five years. In
vestment and intellectual property. This is in for Brazil, one of Florida’s largest export des- these times of rock bottom crop prices, they
stark contrast to the Archer TPA bill which tinations, the average Brazilian tariff on U.S. depend more than ever on farm subsidies.
called for preventing countries from weakening goods is almost 14 percent, compared with But, in the infinite wisdom of our trade policy
labor and environmental standards to attract under 3 percent for Brazilian products entering we have offered to eliminate these indispen-
investment but was silent on enforcement. the U.S. sable price supports. I cannot in good faith
Clearly, H.R. 3005 moves the trade debate Mr. Speaker, as I have said in the past, I support a fast track bill at the same time the
forward. recognize that increased global competition administration tries to kill the price supports
Mr. Speaker, the simple fact that 96 percent will put some industries at risk and that with that my farmers depend on.
of the world’s consumers live outside of our the overwhelming number of winners there will I am further ashamed our flawed trade pol-
borders is irrefutable evidence that in order to be some losers. We will have to work harder icy does little to further human rights. We
grow our economy, we must grow our exports. to ensure every American worker can partici- blindly turn our heads when countries use chil-
Hence, international trade is critical to our na- pate in our global economy, and the govern- dren, prisoners, and slave labor to undercut
tion’s continued economic expansion. ment has an important role to play in edu- American workers. This does not represent
An estimated 12 million jobs in the United cating, training and retraining today’s and to- the values of the people I represent, but it rep-
States depend on exports of goods and serv- morrow’s workers with the skills they need not resents the trade policy of an administration
ices. Furthermore, opening markets has cre- just to survive but to prosper in an increasingly that now wants even more latitude in trade ne-
ated more than 20 million new jobs in the US global economy. gotiations.
since 1992. Jobs related to exports generally By passing TPA, the Congress is delegating Mr. Speaker, I am proud to represent a
pay as much as 18 percent more than the na- a significant amount of authority to the execu- working class district, where folks still make a
tional average. Consumers also benefit in the tive branch. Thus, it is essential that the Con- living by the sweat of their brow. I made a
form of affordable prices for many products. In gress have a meaningful role during the trade promise to protect their jobs and support their
fact, our existing trade agreements provide an- negotiating process, while recognizing the im- economic security. This administration has in-
nual benefits of $1,300 to $2,000 for the aver- portance of providing flexibility necessary to stead pursued a flawed trade policy and has
age American family of four from the com- the United States Trade Representative let them down at every major trade negotia-
bined effects of lower prices and increased in- (USTR) to negotiate the best deal possible for tion. They now want even more latitude in ne-
come. America. In the future, I expect the executive gotiating trade agreements. My Colleagues, I
Free trade is not exclusively for the giant branch to work closely with the Congress cannot and will not support this administra-
business conglomerates. Our trade agree- throughout any trade negotiations as required tion’s request for fast track authority and urge
ments enable small (less than 100 employees) by this legislation. you to vote against this bill.
and medium size businesses (less than 500 Mr. Speaker, in conclusion, this legislation is Mr. POMEROY. Mr. Speaker, I rise in oppo-
employees) to compete in international mar- critical for the United States. TPA will em- sition to H.R. 3005, a bill to provide the Presi-
kets. According to the Department of Com- power the President to negotiate trade agree- dent with the authority to negotiate inter-
merce, in 1998, more than 92 percent of Flor- ments that will open more markets for Amer- national agreements and submit them to Con-
ida’s 22,295 exporting companies were small ican goods and services, create jobs, and re- gress for and up-or-down vote, without
and medium sized businesses. In the district I duce costs for farmers, workers, consumers, amendment.
represent, 85 percent of exporters are small and entrepreneurs. Refusal to pass TPA Last month, the United States and other
businesses that employ fewer than 100 em- would put American workers at a disadvan- members of the World Trade Organizations
ployees. tage. launched a new round of trade negotiations.
Mr. Speaker, international markets are vital I urge my colleagues to vote ‘‘yes’’ on H.R. The members agreed to a far-reaching agen-
to my state’s economic well-being. Florida’s 3005. da, covering topics from e-commerce to manu-
economy is export-dependent, with export Mr. EVANS. Mr. Speaker, my district is factured goods to financial services and, most
sales of $1,515.00 for every state resident. composed of hard working Americans who importantly to North Dakota, agriculture. With
Florida merchandise and agricultural exports build tractors, refrigerators, and furnaces. such an ambitious agenda to tackle, an agree-
support an estimated 183,700 jobs, while serv- Blood, sweat and tears are what brings home ment is not expected for at least four years.
ice industry exports support an estimated the bacon in my district. But their way of life For agriculture, the new agenda gives us
364,000 jobs. Last year, in the Tampa Bay is endangered by both this bill and our flawed cause for both hope and concern. On the
area alone, nearly 500 local companies and trade policy. positive side, the agenda calls for the eventual
independent business people profited from ap- This year, two steel mills in my district elimination of export subsidies, which the Eu-
proximately $2.6 billion in exports to inter- closed their doors forever. I have witnesses ropeans have used to rob market share from
national markets. numerous other manufacturing plants close U.S. farmers. In addition, the efforts of some
My fellow colleagues, we need to pass TPA because they are not allowed to compete fairly countries to reopen prior agreements in order
as soon as possible. Unless we pass TPA, our against foreign imports. Some of these very to erect scientifically unjustified barriers to
businesses and workers will be forced to sit companies have reopened facilities overseas U.S. commodities were rejected. The agenda’s
on the sideline and watch our global competi- only to export their products back into the U.S. commitment to achieve substantial new mar-
tors take advantage of free trade agreements. In the past few months, I have assisted hun- ket opening measures also stands to benefit
Of the more than 130 free trade agreements dreds of my layed-off constituents in filing for U.S. farmers, who earn $1 out of very $3 from
(FTAs) in force worldwide, only 3 include our unemployment and TAA benefits. These hard export sales.
country. One of our main trade competitors, working folks have lost their jobs because we On the hand, I am troubled that U.S. trade
the European Union, has free trade agree- have set course on a flawed trade policy that officials have so freely offered to negotiate our
ments with 27 countries. puts cheap imports ahead of their good paying export credit guarantee program, which is not
Mr. Speaker, the Free Trade Area of the jobs. Trade Promotion Authority is a dan- an export subsidy but a program to help fi-
Americas (FTAA) will be virtually impossible to gerous leap of faith for an administration that nance U.S agriculture exports at commercial
negotiate by 2005 without TPA. The FTAA is has pursed a unsound trade policy. rates. I am concerned that the new round of
setting the stage for significant trade opportu- Our flawed trade policy has most recently negotiations could expose our sugar beet in-
nities—particularly, the opportunity to assure led to the demise of our nation’s steel indus- dustry—worth $1 billion annually to the Red
that the rules of trade that will be developed try. The inaction of Congress and the willing- River Valley—to unlimited imports of sub-
are fair and sufficiently advantageous to our ness of the President’s chief trade negotiator sidized product sold dump market prices.
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9021
What’s worse, even as our government was Under NAFTA, Florida exports in total agri- placed North Carolina at the forefront of Amer-
putting the export credit and sugar programs culture products dropped from $6.1 million to ica’s global economic leadership.
squarely on the table, the Europeans were 1.9 million between 1993 and 1996. Only in In the latest available data, North Carolina
staunchly defending their own subsidies and the year 2000, did exports climb above the depends on manufactured exports for 285,600
the Canadian government was declaring the 1993 level—but the damage was done. jobs. That is the seventh highest total in the
Wheat Board to be off-limits. Although U.S. at- Earlier today, the House voted to reauthor- United States. 6,869 companies—including
tempts to ‘‘lead by example’’ in trade negotia- ize the Trade Adjustment Assistance program, 5,609 small and medium-sized businesses—
tions may win points with free-trade theorists, a program designed to aid workers and firms export from North Carolina. The number of
it will not in win trade agreements. We should who have been affected by the impact of for- companies exporting from North Carolina rose
vigorously defend our programs and yield con- eign trade. This program alone serves as a re- 79 percent between 1992 and 1998. Our state
cessions only when we receive concessions in minder that not everyone in our country bene- is truly export-dependent, and we need Trade
exchange. fits from free trade . . . including small farm- Promotion Authority to break down barriers to
The farm bill debate has also reflected what ers and businesses in my district. overseas markets so that our technology, agri-
I believe to be the Administration’s flawed ap- Now I understand the need to engage in culture, manufacturing and other sectors can
proach to trade policy. Among its reasons for free trade and I support free trade. However, expand on our progress in international com-
opposing the House farm bill, the Administra- I also support fair trade. Additional provisions petition. If we fail to gain access to these mar-
tion said that restoring a price safety net for have been included in HR 3005 that allows for kets, it is a guaranteed fact that our overseas
family farmers would undermine our trade ne- greater consultation among Congressional economic competitors will exploit that oppor-
gotiating position. I believe, quite the contrary, committees regarding import sensitive com- tunity and deal a huge blow to our global eco-
that a renewed commitment to our farmers in modities. The language also recognizes the nomic leadership. Every $1 billion in exports
the form of strong farm bill improves our nego- need to treat such products in a different man- creates 20,000 jobs here in America, and a
tiating position. If the U.S. withdraws support ner during trade negotiations than other prod- successful multilateral trade agreement could
for our farmers unilaterally, what incentive do ucts. Though I am grateful for the attempt at reasonably result in expanding exports by
the Europeans have to negotiate away their addressing these issues, I believe it does not $200 billion a year producing 4 million new
tremendous subsidy advantage? go far enough. jobs here in America. And jobs supported by
The negotiations launched earlier this month Without adequate protection and enforce- exports pay significantly higher wages than
have a long way to go. Only time will tell ment of our trade laws, and the ability to pro- jobs that only support domestic markets.
whether our hopes for American agriculture vide sufficient relief for affected markets—such Clearly, expanding exports is the key to ex-
will be realized or our concerns will prove well provisions are less than meaningful. panding prosperity for American workers, and
founded. Before these negotiations have even I have had the opportunity to speak with the Trade Promotion Authority is the key to ex-
begun, however, Congress is being asked to President regarding my concerns and those of panding exports.
approve fast track, a bill authorizing the Presi- my constituents. I understand the need to use It is important to note that this bill is not
dent to negotiate trade agreements and sub- Trade Promotion Authority as a tool in the war itself a trade agreement. It simply provides the
mit them to Congress for an up-or-down vote, against terrorism and to address our faltering President the authority past Presidents, both
without amendment. economy. We are at war. And for that reason Democrats and Republicans, have traditionally
I believe it would be unwise to approve fast these are special circumstances. The Presi- enjoyed to negotiate with our trading partners
track before we know whether these negotia- dent needs to be supported and he can use to obtain the best deal possible for America’s
tions are headed in a positive direction for this agreement to help America in its fight economy. I want the President to know that I
American agriculture. Let’s make sure that the against terrorism. For this reason I am voting intend to hold his feet to the fire to make sure
Europeans will not be allowed to maintain their for Trade Promotion Authority. he looks out for the best interests of my con-
overwhelming subsidy advantage and that the Mr. ETHERIDGE. Mr.. Speaker, I rise today stituents in those negotiations. And I want the
Canadian Wheat Board won’t be able to con- to speak about H.R. 3005, the Trade Pro- committees of jurisdiction to exercise their
tinue to exploit its monopoly position to the motion Authority Act. Congressional oversight role vigilantly. I cer-
detriment of our farmers. Let’s make sure that The vote on this bill has been a very difficult tainly reserve the right to oppose any trade
our sugar industry won’t be hung out to dry decision for me. My home county and my deal that is not in the best interests of North
and that the Administration won’t try to undo hometown have been hit hard in recent Carolina, and I will not hesitate to exercise
our domestic farm program in trade negotia- months by layoffs and closures of textile man- that right. I have voted against trade deals in
tions. ufacturing plants. In many of these towns, sev- the past. In short, I’m going to be watching
Once we have greater confidence that these eral generations of families have worked at these negotiations like a hawk.
trade negotiations are serving the interests of these textile plants, and when the plants Finally, Mr. Speaker, I am compelled by the
our farmers, we can move forward with fast closed our way of life was shaken and our fact that we are a nation at war. All Americans
track authority. Until our concerns have been hometown identities were forever changed. are united behind the President as he and our
addressed, however, we should not give our I hurt for each and every worker who has nation’s military seek to rid the world of the
trade negotiators the blank-check they are lost a textile job and for each and every family terrorist threat. Although I may disagree with
seeking. For now, there are too many open that faces economic uncertainty as a result of the President on some of his domestic poli-
questions for us to give up our right to amend these layoffs. We must provide them generous cies, this is a matter of major international im-
future trade agreements. assistance to meet their short-term needs. We portance.
Mr. STEARNS. Mr. Speaker, this country is must provide them the education and training In conclusion, I will vote ‘‘yes’’ on H.R.
in a new era. We have not faced such times to equip them with the skills to fill 21st century 3005, and I urge my colleagues to join me in
of trepidation since the Cuban Missile Crisis. It jobs. And we must pass policies for economic doing so.
is well established that countries who trade, growth that will create those employment op- Mrs. MORELLA. Mr. Speaker, I rise to ex-
who are engaged in business with one an- portunities. press my support for H.R. 3005, the Bipartisan
other, are less inclined to fight, and more will- But, Mr. Speaker, the fact is that defeating Trade Promotion Authority Act of 2001.
ing to cooperate among mutual beneficial mat- Trade Promotion authority will not bring back I have the honor to represent Montgomery
ters. Ultimately, trade is about freedom and a single textile job that we’ve lost. Defeating County, Maryland, a county rich in high tech-
economic prosperity. And in some cases, Trade Promotion Authority instead will wave a nology such as communications technology
prosperity has been the case for certain sec- white flag of surrender to our economic com- and biotechnology. Trade is important to our
tors of the American economy. petitors around the world and will mean fewer economy.
Unfortunately, such has not been the case jobs to replace the ones we’ve lost. I believe Trade Promotion Authority will be
in my district in Florida. There are number of The workers in my home state have proven good for the economy of Montgomery County
small farmers and businesses who were deci- that we can compete and win in the world and the State of Maryland as well as our
mated by NAFTA and imports from Mexico. economic arena. Last year, my state’s export country. Trade is important to our economy;
Promises made by our government were sales totaled $15 billion, a 10.3 percent in- last year Maryland sold more than $5 billion
promises un-kept. The specific provisional re- crease in one year. In the seven-year period worth of exports to nearly 200 foreign markets.
lief promised to the tomato growers, for in- between 1993 and 2000, North Carolina’s ex- Trade is also good for Maryland’s entre-
stance, was applied for after implementation of ports grew by 88 percent. Those exports preneurs and small businesses. The number
NAFTA, and subsequently these farmers were fueled tremendous economic growth, created of Maryland companies exporting increased 51
denied that relief. unprecedented employment opportunities and percent from 1992 to 1998. This is significant;
H9022 CONGRESSIONAL RECORD — HOUSE December 6, 2001
more than 81 percent of Maryland’s 3,472 then, notably terms to allow China to enter the The trade deficit is not only a problem of the
companies that export are small- and medium- World Trade Organization, a deal I also did rich getting richer and the poor poorer—it is a
sized businesses. Trade data also shows that not support. The only thing TPA guarantees is national security issue. Our nation is currently
an estimated 58,900 Maryland jobs depend on that Congress is shut out of the negotiating at war. In the aftermath of the terrorist attacks
manufactured exports. One in every seven process, left to ratify whatever agreement the of September 11th, the U.S. military is en-
manufacturing jobs in Maryland—24,700 President negotiates. And when the time gaged in military actions against the Taliban
jobs—is tied to exports. Wages of workers in comes to vote, Congress is told that while this and Osama Bin Laden. Young Americans are
jobs supported by exports are 13 to 18 per- might not be the best deal, it is the only one putting their lives on the line every day to de-
cent higher than the national average. Mary- on the table and that we cannot waste the fend the values of this great nation. Does it
land exported an estimated $200 million in ag- years it took to reach it by it voting down. It make sense that while American troops are in
ricultural products in 1999. is a vicious cycle that imprisons American harm’s way, the U.S. is rapidly losing its ability
Indeed, Maryland has benefited from pre- workers, and I will not vote to revive it. to produce steel due to the flood of illegally
vious trade agreements. For example, total ex- The North American Free Trade Agreement imported steel? If the current trend continues,
ports from Maryland to NAFTA countries is a good example of this process. Eight years we will not have a steel industry in the U.S.,
(Mexico and Canada) in 1999 were 56 percent ago, the passage of NAFTA brought many leaving our national defense vulnerable.
higher than 1993, before NAFTA. promises: 200,000 new jobs annually in the In September, I testified before the Inter-
This negotiating authority expired in 1994, United States; higher wages for Mexican work- national Trade Commission regarding the Sec-
and during that time other countries have ers; an increased trade surplus with Mexico tion 201 investigation into U.S. steel imports.
been moving forward with trade agreements and a cleaner environment and improved I represent the 12th Congressional District of
while the United States has been stalled. health in the boarder regions. In fact, the op- Illinois, which includes Alton, Granite City, and
There are more than 130 preferential trade posite has happened—none of these promises other areas with great steel traditions. Sadly,
and investments agreements in the world have materialized. Alton is no longer a steel town. Laclede Steel
today, and the United States is a party to only Supporters of NAFTA promised great things announced in July that it will shut its doors
two. for America’s trade surplus with Mexico and permanently, ending an 86-year history in
The European Union has free trade or spe- Canada. These, too, have failed to materialize. Alton and throwing 550 employees out of
cial customs agreements with 27 countries, 20 While gross exports to NAFTA countries have work. The impact on the local economy has
of which it completed in the last 10 years. And increase dramatically—147 percent to Mexico been severe. Of course, Laclede is not alone.
the EU is negotiating another 15 accords right and 66 percent to Canada—imports from Since 1997, 26 domestic mills have filed for
now. Our inaction hurts American businesses, these countries have increased more dramati- bankruptcy. This trend must not be allowed to
farmers, ranchers, and workers as they find cally. U.S. imports have increased 248 percent continue. The hardworking men and women of
themselves shut out of the many preferential from Mexico and 79 percent from Canada. the United States and their families cannot
trade and investment opportunities. The trade deficit with Mexico and Canada was bear the price of misguided foreign industrial
Mr. Speaker, I believe in free and fair trade nine billion dollars in 1993; by 2000, it had policies any longer.
and a strong economy. In times of growth our ballooned to $60 billion. NAFTA was sup- However, the U.S. representatives at the
Nation has been able to move forward on im- posed to reduce these numbers. Instead, the Doha conference did not see it that way. Even
portant social issues and make the world a trade deficit has increased. after the House of Representatives passed a
better place for all. Instead of creating 1.6 million jobs over resolution requesting that the president pre-
Mr. COSTELLO. Mr. Speaker, I rise today to eight years, NAFTA has eliminated 766,000 serve the ability of the U.S. to rigorously en-
discuss the trade policy of the United States. jobs. In my home state of Illinois, over 37,000 force its trade laws, particularly anti-dumping
We are scheduled to vote in the House of people have lost their jobs as a result of laws, the American representatives at Doha
Representatives this week on approving Trade NAFTA. These were the good paying manu- permitted the anti-dumping regulations to be
Promotion Authority (TPA), what used to be facturing jobs I referenced above. Most of re-examined. If allowed to happen, this will fur-
called ‘‘Fast Track’’ Authority. I will vote these jobs have been relocated to Mexico, ther damage American steel producers.
against it, as I did in 1998. I will do so for sev- where the labor and environmental standards So where does U.S. trade policy stand on
eral reasons, but primarily because the United are lower than in America. the week of the vote to grant the president
States has signed few effective trade pacts in Even if American jobs were not relocated to TPA? A record of unfair trade agreements that
recent memory. Since the early 1980s the Mexico and elsewhere, many companies have ignore worker rights and environmental protec-
United States has become the greatest debtor leveled this threat at their employees. Workers tions, hundreds of thousands of good, high
nation in the world, and that trade deficit con- are told if they do not agree to the company’s paying manufacturing jobs continuing to leave
tinues to grow, with devastating impacts for terms, their jobs will go to Mexico. As a result, the country, and vital American interest left
the working men and women of this country. workers settle for contracts with lower wages close to extinction. Not a pleasant picture.
While corporate CEOs continue to earn and fewer benefits in collective bargaining. Mr. Speaker, given this bleak backdrop, I
record-breaking salaries, their employees face This occurred recently with the Tower Auto- will not vote for TPA. It will minimize the role
reduced wages and benefits or worse—they motive plant in my congressional district. A re- that Congress plays in trade agreements at a
are laid off while their jobs are moved abroad. cent newspaper article described it this way, time when congressional oversight is needed
We continue to export good, high-paying ‘‘Earlier this month, Tower Automotive has most. The Bush administration has dem-
American manufacturing jobs to places like said in order to save money, it was subcon- onstrated by its action in Doha that it does not
Mexico and China, where workers are paid lit- tracting the Lincoln Aviator program to have the best interests of American workers in
tle and enjoy few protections from abuse. Metalsa, a company in Monterey, Mexico.’’ mind. Congress must work to ensure that
I agree that we need to create export mar- Fortunately, Tower Automotive decided to stay more damage is not done. I urge my col-
kets for our goods, especially our agricultural in the U.S., but the threat to move remains as leagues to join me in fighting for the American
products. To that end, I have voted to end the an option for Tower and other businesses. worker by opposing Trade Promotion Author-
trade embargo against Cuba. However, this Since the enactment of NAFTA, wages for ity.
must be done on terms that are fair to the industrial workers in the United States have Ms. EDDIE BERNICE JOHNSON of Texas.
United States. The list of unfair reciprocal decreased. These workers comprise 73% of Mr. Speaker, I rise in reluctant opposition to
trade agreements we currently have with other our nation’s industrial workforce and account H.R. 3005, the Trade Promotion Authority Act.
countries boggles the mind. Our products are for most of our middle- and low-wage workers. Words probably cannot fully convey how
taxed at extremely high rates in those coun- When manufacturing jobs leave the country, disappointed I am in being forced to vote ‘‘No’’
tries, while their products enter our markets displaced workers who can find work generally on H.R. 3005. Up to now, since coming to
virtually tax-free. receive pay that is 13% less than they re- Congress in 1993, I have compiled a pro-trade
The supporters of TPA will tell you that the ceived in their previous job. These jobs are voting record that is second to none. I have
President needs this authority to negotiate primarily in the service industry, where wages supported NAFTA, U.S. entry into the WTO,
trade pacts, such as the next round of world pay only 77% of those in the manufacturing normalizing trading relations with China and
trade talks that has been put in motion by the sector. The jobs lost as a result of NAFTA Vietnam, expanding trading relations with the
recently concluded conference in Doha, Qatar. were good paying jobs held by individuals who countries of sub-Sahara Africa and the
But TPA is not necessary to negotiate trade most likely do not have a college education. Carribean, and most recently to establish free
pacts. In fact, TPA expired in 1994, and we These workers have a harder time finding re- trade with Jordan. I strongly believe that, our
have reached several bad agreements since employment and need these jobs the most. nation has the most to gain from opening new
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9023
markets and improving upon a rules-based Now, we are on the verge of voting on H.R. This bill does not require trade agreements
trading system. 3005. Several weeks ago, I indicated to its with clear provisions to protect workers’ rights.
I am also disappointed because I fully ap- principal supporters that in order to attract my It does not require countries to agree to ad-
preciate the extraordinary effort put forth by support, I would have to witness real progress here to the International Labor Organization’s
my friends, Mr. JEFFERSON, Mr. TANNER, and on helping displaced workers, and not just core labor standards, including bans on child
Mr. DOOLEY, in helping to craft this bill. vague promises and commitments. In re- and slave labor.
Throughout this process, they were willing to sponse, Chairman THOMAS unveiled several American needs trade agreements that in-
listen to concerns that I and other members new items. Principal among them is a provi- stantly go before a dispute settlement panel if
expressed. They performed admirably in push- sion in the TAA bill to provide $2 billion over a country violates internationally recognized
ing forward Democratic principles in negoti- 2 years for workers affected by the September labor standards, such as the right to collective
ating this bill with the majority. Their steadfast- 11 attacks. The Chairman also signaled his in- bargaining. All trade agreements need en-
ness produced a great deal of progress in ad- tention to offer proposals relating to health in- forcement provisions which allow for prompt
dressing concerns on how trade impacts labor surance and extension of unemployment ben- and full compliance with a dispute settlement
and the environment and in addressing the efits in the context of the ongoing negotiations panel’s decisions.
plight of recently displaced workers. with the Senate over the stimulus package. I Proponents of Fast Track Trade Authority
The majority has represented enactment of appreciate Chairman THOMAS’ good faith ef- believe that the Trade Adjustment Assistance
trade promotion authority as economic stim- forts, particularly his willingness to include a program we reauthorized today will assist indi-
ulus that will help pull the nation out of the provision to suspend federal income taxes on viduals who will lose their jobs to future trade
current recession. I also recall the Administra- unemployment benefits. This is actually a bill agreements. Workers who lost their jobs to
tion representing this bill as something we that I personally introduced earlier this Con- NAFTA will vouch that this program cannot re-
must pass in the context of our war against gress. place their jobs and does not provide the
terrorism. I don’t doubt that expanding trade is These proposals fall short of what I would health benefits that they desperately need
in the national interest, but both of those argu- like but they do appear to be substantial while looking for new jobs. All of us want to
ments are exaggerated and misplaced. Trade progress. Unfortunately, since they do come at help workers and should support this program,
does create better jobs for American workers the last minute, there is a great deal of uncer- but the reauthorization does not overcome the
that pay higher wages and add more to the tainty regarding whether this is enough. Fur- weaknesses of Fast Track Trade Authority.
economy. However, trade’s benefits manifest H.R. 3005 states that environmental con-
thermore, the bulk of these proposals would
themselves over the long-term; passing this cerns are a negotiating objective of trade
need to be included in a final stimulus pack-
bill will have very little effect on pulling the agreements, but it only requires consultative
age, in which negotiations are ongoing over
economy out of the current recession. mechanisms for strengthening trading part-
contentious issues. I am basically being asked
It is in the context of this recession and the ner’s environmental and human health stand-
to trust that these proposals will be improved
September 11 tragedy that I have weighed my ards.
upon where necessary and enacted into law, The Thomas fast-track bill will expand con-
vote on trade promotion authority. Passing in spite of the fact that we have had months
trade authority may well be in our national in- troversial ‘‘investor’’ rules that empower for-
to do complete work on these items. eign corporations to sue over environmental
terest, but over the short term, it will not do I have concluded that I owe it to working
anything except add to the anxiety that work- laws if laws, regulations, or court orders inter-
class Americans that I should not simply take fere in any way with a company’s ability to do
ers who have been or are on the verge of a leap of faith. For too long, they have been business.
being laid off are experiencing now. Con- suffering while Congress has sat on its hands. H.R. 3005 requires the president to consult
science dictates that before I support granting I do not think it is unreasonable for us to wait with Congressional committees and prepare
trade promotion, I must ensure that their im- on passing TPA legislation until we have reports about child labor and the effectiveness
mediate needs and concerns are addressed. I passed legislation to help the unemployed. of enforcing workers rights. These provisions
have concluded that Congress and the Admin- I am fully willing to revisit this issue if, later do not give Congress the power to ensure that
istration has fallen well short of what we must in this Congress, we do in fact provide the re- trade agreements conform to basic inter-
do in this area, and for this reasons, I must lief that displaced workers deserve. Today, national labor provisions and environmental
vote against H.R. 3005. however, my vote is ‘‘no.’’ policies.
On September 21, we passed a bill to pro- Mrs. MINK of Hawaii. Mr. Speaker, I rise With the economy in a recession and 7.7
vide immediate financial assistance to the air- today in opposition to H.R. 3005, the Fast million unemployed Americans looking for
line industry in the wake of the September 11 Track Trade Authority bill. work, we cannot expose working families to
tragedy. Some of my colleagues objected on The President has requested Fast Track unfair trade agreements that allow corpora-
the grounds that we should provide assistance Trade Authority whereby Congress agrees to tions to move into countries with weak labor
contemporaneously to the workers laid off by consider trade agreements without amend- standards.
the airlines. I supported that bill because I un- ment and with limited debate. The administra- We cannot expose workers to flawed trade
derstood that maintaining the viability of the tion says that unless we pass this bill, it will agreements such as NAFTA that cost Amer-
airline industry was necessary to preserve the not be able to finalize a new round of world- ican workers 766,030 jobs in the steel textile,
jobs of those who were not laid off. I was also wide trade talks or complete smaller trade apparel, manufacturing, and other sectors of
assuaged by assurances that we would have deals. our economy.
a bill on the floor the following week to provide This is simply not true. Without Fast Track I urge my colleagues to vote against H.R.
assistance to airline workers. That promise Trade Authority, the Clinton administration ne- 3005 and protect our environment and Amer-
was not kept. gotiated more than 300 trade agreements. ican workers from unfair trade agreements.
September 11 also exacerbated the reces- President Bush has finalized the Vietnam-U.S. Ms. SOLIS. Mr. Speaker, For my colleagues
sion that the country has apparently been ex- Bilateral Trade Agreement and begun work on pondering their vote on Fast Track Trade Ne-
periencing since Spring. Following the tragedy, the Free Trade Agreement of the Americaas. gotiating Authority. And for the American pub-
there was bipartisan agreement that Congress Denying Fast Track Trade Authority at this lic. I ask you to envision this scene. It was Au-
should pass an economic stimulus package to time will not hinder the president’s ability to gust, 1995. In my district—El Monte, Cali-
speed recovery and to provide broad safety negotiate large multi-national trade agree- fornia.
net assistance to workers affected by the re- ments. The World Trade Organization will not Not two years after the North American Free
cession. Instead, the majority rammed through finalize the next round of the General Agree- Trade Agreement narrowly passed this House.
the House a tax package providing tax breaks ment on Tariffs and Trade (GATT) for at least During a pre-dawn raid, the Immigration and
on offshore profits, accelerated capital gains, another five years. Naturalization Service comes to the rescue, lit-
and retroactively repealing a provision in the Fast Track Trade Authority is actually a tool erally, of seventy-two Thai immigrants working
tax code that ensures that corporations are to aid powerful corporations searching the in a garment factory.
not able to wholly avoid paying taxes. At the globe for cheap labor by ignoring basic work- I say ‘‘working,’’ but what I really mean is in-
same time, the bill provided a minimal level of ers’ rights, environmental safeguards, enforce- voluntary servitude. These women, forced into
unemployment and health care assistance to able sanctions, and Congressional input. slave labor, worked eighteen hours a day in a
laid off workers. Besides not bringing our H.R. 3005 includes negotiating objectives seven-unit apartment building that served as a
country out of recession, the bill was essen- promoting worker rights, yet these objectives sweatshop. Actually, a prison. Some of the
tially a slap in the fact to working class Ameri- are hollow. The bill relies on the self-enforce- women had not been let out of the filthy fac-
cans. ment of a country’s worker rights laws. tory surrounded by razor wire for seven years.
H9024 CONGRESSIONAL RECORD — HOUSE December 6, 2001
Now, many of you find it hard to believe this process works best when Democrats and Re- tions. When I asked my colleagues on the
kind of horrific scene could take place in the publicans move forward together. Unfortu- Committee if they had heard of such a change
United States. Well, it did happen. And not nately, the effort to pass TPS this Congress is in the law, I got a lot of blank looks. They
only did it happen in my community, it hap- a poor demonstration of Congress’ ability to were as surprised as I was.
pens in communities throughout the world. cooperate and compromise. At this particular And I’m not surprised that they didn’t know
The United States should not reinforce the moment in American history, I find that trou- because the implementing legislation of the
existence of such horrific practices. And yet, bling. Uruguay Round Agreements was hundreds of
we do—at the behest of a global economy. I would like nothing better than to vote for pages long.
The presence of sweatshops here and abroad the passage of TPA. Over the past several Such changes are not limited to immigration
corresponds directly with trade levels. years, I have supported almost every free law. The same thing could happen in a area
The number of workers employed by trade measure to come before the House of like antitrust if an agreement on competition
maquiladoras in Mexico has tripled since the Representatives because I believe that the policy is reached. Professor Daniel Tarullo, a
passage of NAFTA. Now, that may sound health of the American economy is dependent Professor of Law at Georgetown University
good to some. But, you must look close at the on new and more open markets. I believe that wrote in a letter to Senator LEAHY that a ‘‘com-
picture. the future wages of the American worker are petition agreement in the WTO could seriously
Workers caught in maquiladoras on our dependent on our ability to do two things: se- compromise the integrity of US antitrust policy
Southern border are faced daily with extremely cure new markets for American goods and and for that matter the competition policies of
low wages and unsafe labor practices. Take services and enhance the education and skills other nations.’’
the Han Young factory in Tijuana, Mexico for of our current workforce. We know that antitrust law is explicitly ‘‘on
instance. The Han Young factory manufac- But markets do not open overnight. Negoti- the table’’ for the next round. While I don’t dis-
tures parts for Hyundai trucks. This factory ating new and more open markets is a com- agree that this is an appropriate topic for dis-
has repeatedly failed to provide a safe working plicated process made even more complicated cussion, I cannot agree that US antitrust laws
environment for its employees. The company by the procedural process in Congress. With- should be changed without the review and in-
refused to provide safety shoes and glasses, out a straight up or down vote on a trade volvement of the Judiciary Committee.
chemical resistant gloves, respirators, and agreement, Congress could be bogged down The Judiciary Committee should have the
face shields. There are even puddles of water forever in amendments and in congressional same access to these issues as the Agri-
beneath high-powered cables—and faulty politics. If the congressional amendment proc- culture Committee has relative to agricultural
cranes that repeatedly dropped tractor trailer ess came into play, our President would no issues in the Thomas bill. While I do not sup-
chassis while they were being worked on. And longer have the credibility to negotiate agree- port a unduly burdensome process, I believe
when the workers tried to band together to ments. All 435 Members of the House cannot there must be a happy medium between the
create a bargaining unit in order to remedy be the American trade negotiators. Rangel and Thomas approaches. That is why
these serious health risks—the company en- I understand this. I believe that the Presi- I believe we should wait to vote on TPA.
gaged in a campaign of intimidation in order to dent, Democrat or Republican, should have Again, I would like nothing more than to
stop unionization. the flexibility that TPA affords to negotiate and vote for a Trade Promotion Authority measure
Our unbridled pursuit of trade is leading to pass trade agreements. that takes into consideration the proper role of
the further exploitation of the poor throughout But the details of TPA do matter. The USTR Congress and its Committees. I appreciate the
the world. I agree that we must engage in has moved from negotiating tariffs to non-tariff ways & Means Committee’s work on this bill,
trade. However, the most powerful country in barriers to trade. What this means is that in- but we are not there yet.
the world should be committed to engaging stead of just negotiating reductions in tariffs, Mrs. MCCARTHY of New York. Mr. Speak-
only in fair trade. Our trade agreements must our trade negotiators will be negotiating sub- er, I rise in opposition to H.R. 3005, which is
include labor and environmental protections. stantive changes in American law. similar to a bill that failed two years ago, that
For, if we do not take the lead on these In the next round, the plan is to make establishes expedited procedures for congres-
issues, who will? And, if the plight of the work- changes in antitrust laws. The protections cur- sional consideration of trade agreements ne-
ing poor is not enough to persuade you to rently provided by the American patent system gotiated by the President. Under H.R. 3005,
support a fair trade agreement, please con- may also be amended through trade. Copy- the Trade Promotion Authority Act (TPA), the
sider the harm that will come to our environ- right protection is up for discussion. These Administration would be required to consult
ment. Many of my Republican colleagues un- laws, antitrust and intellectual property, are with Congress before signing a trade agree-
derstand the importance of protecting our enormously important to the economic viability ment, but once the agreement is formally sub-
global environment. of the United States. Just as American laws mitted to Congress, both houses must con-
And we need only look to the Qatar World are harmonized in trade negotiations, the role sider the agreement within 90 days without
Trade Organization negotiations to understand of Congress’s Congressional Committees amending the tentative agreement.
that our U.S. Trade Representative does not must evolve from procedural consultations to As a New Democrat, I believe in the funda-
consider the environment to be priority. In fact, ones that are substantively consultative. mental concept of free trade. Eliminating unfair
while in Qatar, the USTR agreed to revisit the While I have raised this issue again and foreign trade barriers leads to greater exports
status of international environmental treaties again over the past several months, the by the United States and potential increases in
already in effect. These negotiations could Thomas bill has left this issue unaddressed. production. It is important that America not be
lead to further destruction of our environment Interestingly, a role is provided for review of left on the sidelines as trade agreements are
by enabling the WTO to review these agree- agricultural policy as well as for financial serv- negotiated without our participation. However,
ments. Environmental agreements should not ices. But are potatoes and rice more important free trade must occur on an equal playing
be subject to review by an organization whose that patents and antitrust laws? I think not. field.
sole purpose is to promote business and The USTR must submit to the relevant Con- Unfortunately, this particular, H.R. 3005,
trade. As we have learned from our environ- gressional Committees, including the Judiciary does not sufficiently address important con-
mental movement here, business interests Committee, and not just to the Ways and cerns that were expressed two years ago. For
many times conflict with environmental inter- Means Committee, information that informs example, this legislation does not require
ests. Trade agreements and environmental Members which provisions of existing US law countries to implement any meaningful stand-
agreements should remain independent of are being changed. ards on labor rights. These include the five
each other in order to maintain the integrity of Just a few years ago, I was surprised as a core International Labor Organization (ILO)
both. Member of the Judiciary Committee to find standards: the rights of association and collec-
Join me in opposing H.R. 3005. This version that I could not insert a salary floor amend- tive bargaining, bans against child labor, com-
of Fast Track does not ensure safety to work- ment into a bill pertaining to H–1B non- pulsory labor, and discrimination.
ers nor safety to our environment. The world immigrants because we had made a trade The bill simply details negotiating objectives
looks to us as leaders in trade. Therefore, we commitment in the General Agreement on on labor rights, but does nothing to ensure
should fulfill that role responsibly and include Trade in Services not to put in such a condi- that any final trade agreement will actually in-
enforceable labor and environmental protec- tion. An alternative system that was nego- clude those provisions. In addition, this legisla-
tions in all of our trade deals. tiated, but not approved by Congress, was in- tion simply requires a country to enforce its
Ms. LOFGREN. Mr. Speaker, From the de- serted by GATT. This made it impossible for existing law—however weak that law may be.
bate thus far on Trade Promotion Authority Members of Congress to make changes to do- Furthermore, this bill contains only voluntary
(TPA), it is clear to me that the legislative mestic law without violating US trade obliga- negotiating objectives on the environment. It
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9025
does nothing to prevent countries from low- ronmental protections . . . food safety laws ucts such as frozen orange juice. That specific
ering their environmental standards to gain un- . . . competition policies. language is not in your bill.
fair trade advantages, and would do nothing to That’s the air we breathe, the food our chil- Mr. Speaker, it is my understanding that the
protect multilateral environmental agreements dren eat, and the way Americans do business. amendments in section three dealing with
from trade challenges. Moreover, it does noth- With all due respect to Robert Zoellick, I trade sensitive commodities, would limit the
ing to block foreign investor lawsuits from want GEORGE MILLER, JOHN CONYERS, and President’s proclamation authority so that tariff
challenging domestic environmental laws. Fu- JOHN DINGELL in on those discussions. reductions could not be implemented without
ture trade agreements could include provisions Now, Chairman THOMAS says that he has specific Congressional approval.
like Chapter 11 of the North American Free fixed the problem of Congressional participa- It is also my understanding that these spe-
Trade Agreement (NAFTA) which allow foreign tion by adding a bit of technical language here cial provisions provide a strong indication that
investors to undermine U.S. environmental, and there. these sensitive agriculture industries, such as
safety, and health law on the basis of unfair Of course, these changes do nothing to af- citrus, should not be the subject of further tariff
trade. fect the labor and environmental provisions in reductions in negotiations covered under this
Lastly, I am concerned over the lack of con- this bill, which we all know are sorely lacking. act?
gressional action prior to the signing of any But let me be clear: these amendments are Finally, it is my understanding that these
trade agreement; only consultations. Congress pure window-dressing. provisions require that the Administration iden-
may vote on a disapproval resolution, but only Beneath the jargon, all he’s done is give tify that the import sensitive agriculture prod-
to certify that the Administration has ‘‘failed to himself, as Chairman of the Ways and Means ucts, such as citrus, be fully evaluated by the
consult’’ with Congress. Moreover, under this Committee, the ability to bottle up any attempt ITC prior to any tariff negotiations and that any
bill Congress would give up the right to amend to revoke fast track authority, no matter how probable adverse effects be the subject of re-
trade agreements—even those that are con- far the negotiators have strayed from Con- medial proposals by the Administration.
troversial and which dramatically alter domes- gressional trade objectives. As this bill moves from the House to the
tic law—in exchange for optional negotiating With all due respect to the Chairman, I can- other body and to conference, there will be
objectives. Any trade agreement should be not cede my constitutional responsibility to his additional opportunity to address the concerns
under the purview of the House of Represent- stewardship. of this industry. I am pleased that the Chair-
atives, not the House of Consultants. Mr. Speaker, the nature of trade has man has indicated he is willing to work with
I am disappointed that these issues were changed, and fast track authority must change me and other members of the Florida Con-
not resolved prior to floor consideration. The with it. I ardently believe in the principles of gressional delegation to address any addi-
trade policy of the United States must benefit free trade. But I will not put my constitutional tional concerns.
the entire country, not simply select interest authority over domestic law and my responsi- Mr. CROWLEY. Mr. Speaker, I rise today in
groups. We must strive and enter into trade bility to my own constituents on a fast track to strong opposition to the Trade Promotion Au-
agreements that are not only free, but fair. Un- the executive branch. thority bill offered by Chairman THOMAS.
fortunately, H.R. 3005, like its predecessor, I urge my colleagues to vote no on this leg- My problem here is not with the concept of
fails to remedy the concerns associated with islation. Thank you. giving the President trade promotion authority,
expedited trade agreements. Beneath the jargon, all he’s done is give my problem is with passing a TPA bill that
Mr. MATSUI. Mr. Speaker, I rise in strong himself, as Chairman of the Ways and Means fails to address basic labor and congressional
opposition to this bill. And let me say right up Committee, the ability to bottle up any attempt oversight requirements.
front: I stand here before you today as a free to revoke fast track authority, no matter how The labor provisions in this bill are a sham.
trader. far the negotiators have strayed from Con- This legislation calls only for the non-deg-
Those of you who know me know that I be- gressional trade objectives. radation of a potential trading partner’s labor
lieve in the principles of free trade and global With all due respect to the Chairman, I can- laws.
commerce. I have fought to open and expand not cede my constitutional responsibility to his Under this bill, Malaysian companies could
markets for US goods and services time and stewardship. continue to pay a ten year old child, five cents
time again, right here in this chamber. Mr. Speaker, the nature of trade has for a day’s work.
Those who know me know that I believe changed, and fast track authority must change In this example, the Malaysian firm would
that the freedom to trade across borders, if with it. I ardently believe in the principles of only be in violation if it paid the same child
handled responsibly, is a wonderful way to free trade. But I will not put my constitutional four cents for a day’s work.
raise living standards, create jobs, and protect authority over domestic law and my responsi- The Thomas labor requirements run counter
the environment around the world—particularly bility to my own constituents on a fast track to to common sense.
in those countries that need help the most. the executive branch. There is a reason that the International
But this vote is about much more than that. I urge my colleagues to vote no on this leg- Labor Organization established the five core
It’s about the fact that the very nature of inter- islation. labor standards.
national trade has changed radically. Mr. WELDON of Florida. Mr. Speaker, as I The rights of association and collective bar-
Trade is no longer primarily about tariffs and have conveyed to you, my concern is that as gaining, and bans on child labor, compulsory
quotas. It’s about changing domestic laws. we pursue international trade agreements, we labor and discrimination are essential compo-
The constitutional authority to make law is at must enter those negotiations recognizing the nents to all trade agreements.
the heart of our role as a Congress and of our special needs of our fruit and vegetable sec- We must insist that our trade partners re-
sovereignty as a nation. tor, and Florida citrus in particular. While many spect and abide by these standards without
When international trade negotiators sit of our commodities enjoy significant federal exception.
down to hammer out agreements, they are subsidies, fruit and vegetable producers do The notion of Congressional oversight has
talking about harmonizing ‘non-tariff barriers to not have these same subsidies. Florida’s $9 fallen short in this bill, as well.
trade’ that may include everything from anti- billion citrus industry potentially faces signifi- H.R. 3005 provides no effective mechanism
trust laws to food safety. cant competition from Brazil. Brazil enjoys a for Congressional participation. It only includes
Now, I believe the President and the USTR cost-of-production far below that of U.S. agri- an element of the 1988 law that was never im-
should be able to negotiate trade deals as effi- cultural producer. Today’s tariffs on Brazilian plemented.
ciently as possible. There’s no questions orange juice account for the wide difference in Congress must have the authority to over-
about that. cost-of-production between the U.S. and see these agreements on a periodic basis,
But that does not mean that Congress must Brazil. Also, Brazilian fruit can be treated with and have the ability to present resolutions of
concede to the Executive Branch its constitu- pesticides that are banned in the U.S. This disapproval should the need arise.
tional authority over foreign commerce and do- raises issues of safety, double standards, and The bottom line is that this bill is totally defi-
mestic law without adequate assurances that competitive advantages. Any further reduction cient on many levels.
Congress will be an active participant in the in the tariff schedule for Brazilian orange juice The Ranking Member, Mr. RANGEL, had a
process. under FTAA could cause significant harm to substitute that would have met the require-
Congress should be a partner, not a mere Florida’s citrus industry. ments necessary to negotiate trade agree-
spectator or occasional consultant to the proc- Mr. Speaker, we had requested the inclu- ments in good faith.
ess. The Thomas bill does not ensure that. sion of language in the bill specifically exclud- Unfortunately, the Republicans would not
Think about what may be bargained away at ing export sensitive products such as perish- allow the Democratic bill to see the light of
the negotiating table: our own domestic envi- able fruits and vegetables, and related prod- day.
H9026 CONGRESSIONAL RECORD — HOUSE December 6, 2001
Let’s pass a TPA bill that makes sense. in a recession and America is waging a war istration, is not just bad policy, it’s the wrong
This bill certainly does not. overseas, the jobs of American workers thing to do, when the country desperately
Therefore, I urge my colleagues to oppose should not be put at additional risk by this leg- wants to be united solving our problems.
this bill. islation. I sadly but resolutely vote against this legis-
Mr. KLECZKA. Mr. Speaker, almost 11 This bill differs little from the fast track bill lation. I will continue to speak out in support
weeks have passed since the Speaker indi- voted down by the House in 1998 and it of the importance of Trade Promotion Author-
cated that the House would take up legislation should be voted down today as well. ity. I will work with people on both sides of the
to help those who were unemployed due to Mr. BLUMENAUER. Mr. Speaker, One of aisle and our talented Trade Representative
the September 11th attacks and the slowing my priorities in Congress is the support of Robert Zoellick to secure a true bipartisan so-
economy. To date we have not completed ac- trade policies that require environmental pro- lution to other trade related issues.
tion on proposals to extend unemployment tections, support human rights and fair labor Ms. LEE. Mr. Speaker, I rise today to voice
compensation, to address health insurance for conditions while strengthening the economies my strong opposition to H.R. 3005, the Thom-
people who lost coverage through their former of my community and of nations around the as Fast Track bill.
employer, or to provide health insurance cov- world. I strongly support free trade, but it must be
erage for those who did not have health bene- Trade has tremendous potential for achiev- fair and not at the expense of American jobs,
fits through their employer. ing these objectives, but only if our trade pol- workers’ rights, the environment, or our Con-
Today we are asked to consider another bill icy is carefully crafted. We must ensure that stitution.
that would benefit large businesses at the ex- we are using our maximum leverage to We cannot sacrifice jobs in the pursuit of
pense of the American worker. The legislation achieve the above goals. We need to appre- imaginary profits, especially now with our
before us would grant the President the ability ciate how the world is chaning—in regards to economy stumbling.
to negotiate trade agreements with other the positive transformative powers trade can We are losing jobs every day, while our
countries and then send them to the Congress have for societies around the world as well as trade deficits get larger and larger. And those
for it’s up or down vote. the potential negative impact trade can have deficits have expanded since NAFTA was
Congress should be part of careful and de- here at home. International trade provisions passed.
liberate negotiations on all trade agreements. can now undermine other U.S. provisions of The Economic Policy Institute reports that
They should not be put on the fast-track. Such law ranging from immigration to anti-trust. One Americans have lost 3 million actual and po-
a take-it-or-leave-it approach strongly favors example is the provisions in NAFTA that ap- tential jobs since NAFTA.
any agreement submitted by the Administra- pear to place foreign investors in a position California alone has suffered over 300,000
tion, regardless of its flaws or impact on our superior to their American counterparts, poten- jobs in trade-related losses.
workers and the environment. A recent trade tially enabling them to evade our environ- We must stem this tide and signing over
agreement between the United States and mental protections. Congress’ trade authority is not the way to do
Jordan was not subject to fast-track proce- I believe these problems are not insur- that.
dures, but was approved by Congress never- mountable or even all that difficult to tackle. Nor should we sacrifice our environment or
theless. This measure required labor and envi- The provisions of HR 3019, authored by Rank- the public health.
ronmental issues to be part of the core negoti- ing Member RANGEL, would establish core Under the terms of Chapter 11 of NAFTA,
ating objectives. If Congress has not been a labor standards as the point of departure for California is currently being sued by a Cana-
part of constructing that agreement, those ob- any new free trade agreement in the Amer- dian corporation because our state’s efforts to
jectives would surely have been left out of the icas. In HR 3019 foreign investors would not phase out MTBE from our gasoline and elimi-
accord. be given greater rights than domestic inves- nate that potential carcinogen from our water
The most appalling aspect of this bill is the tors, and the United States would be empow- supply have cut into their profits.
fact that it fails to address the continuing prob- ered to enforce multilateral environmental Fast track would open up our environmental
lem of varying labor and environmental stand- agreements where both parties have accepted laws to foreign lawsuits.
ards throughout the world. The bill requires their obligations. It would undermine efforts to let consumers
only that a country enforce its own laws—how- With a determined expression of outreach know if they are eating genetically modified
ever bad they may be in terms of worker and commitment on the part of the President foods.
rights and working conditions. There is no real and the Speaker of the House, we can and It would threaten international environmental
requirement that a country’s law include any of should have a trade bill that garners at least protections.
the five core labor standards—bans on child 250 votes, helping lift trade above today’s Finally, fast track undercuts the authority of
labor, discrimination, slave labor and the rights fiercely ideological partisan contention. In- this very Congress to protect our constituents.
to associate and to bargain collectively. stead, if this bill passes, it will win a narrow The Constitution specifically grants Con-
Therefore, this bill would allow countries that majority over bitter opposition from many peo- gress ‘‘the power to regulate Commerce with
do not provide basic protections to children ple who are actually leaders for international foreign Nations.’’
under 14 who work in factories, that allow the trade. Bringing this legislation to the House We should not vote to give that power
use of slave labor, or that deny workers the floor in this form, under these conditions, bor- away.
basic right to associate and bargain collec- ders on the irresponsible. There is no reason I urge you to oppose this bill. We don’t have
tively, to continue to do so. It is nearly impos- to play ‘‘Russian roulette’’ with our national to jump on to a fast track that will lead to a
sible for American companies and their em- trade policy in order to accentuate partisan dif- train wreck.
ployees to compete against foreign busi- ferences. Securing votes with incremental con- Mr. BEREUTER. Mr. Speaker, this Member
nesses that pay poverty wages. cessions on items like citrus and steel, and rises today to express his very strong support
Nor does the bill direct that concrete steps backing away form agricultural reform is a for H.R. 3005, the Bipartisan Trade Promotion
be taken to integrate existing or future multilat- poor way to pass legislation and is no way to Authority Act of 2001. This Member would like
eral environmental agreements with trade form an enduring coalition in support of trade to thank the distinguished Chairman of the
agreements. Instead, the bill says we do not promotion. I have implored the President to House Ways and Means Committee from Cali-
care whether your companies pollute the defuse the situation. I fear it will come back to fornia (Mr. THOMAS) for both introducing this
water or poison the air. This bill says we do haunt him and his Administration and make legislation and for his efforts in moving this
not care how safe your products are and it al- progress in the trade arena needlessly difficult legislation forward to today’s House Floor de-
lows foreign investors in the U.S. to challenge for years to come. bate. Additional appreciation is expressed to
our own right to enact environmental and The decision to attempt a narrow partisan the distinguished Chairman of the House
other public interest laws within our borders. victory continues a troubling trend in the Rules Committee from California (Mr. DREIER)
Our trade agreements should not forsake House of Representatives. Legislation dealing for his efforts in expediting the consideration
the interests of U.S. workers and industries, with terrorism, airline security, insurance pro- of this legislation.
for the option of foreign companies flooding tection and economic stimulus did not need to Under the Bipartisan Trade Promotion Au-
our markets with cheap products, forcing be partisan and indeed there were strong bi- thority Act of 2001, Congress would agree to
American businesses to close there doors and partisan bills available. The decision by the vote ‘‘yeas’’ or ‘‘no’’ on any trade agreement
send their workers to the unemployment line. House Republican leadership to push for nar- in its entirety, without amendments. This Mem-
Trade agreements have far-reaching effects row partisan victories at the expense of sound ber in the past has always supported Trade
on the U.S. economy, workers and the envi- bipartisan policy, with the acquiescence or in Promotion Authority (TPA), or ‘‘Fast-Track Au-
ronment and at a time when the economy is some cases the outright support of the Admin- thority’’ as it was previously called, because
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9027
this Member is fully convinced it is required for ment; congressional consultation; the constitu- Congress is given the power to regulate for-
the President, acting through the United tionality of TPA; and the foreign policy and na- eign commerce. In this TPA legislation, any
States Trade Representative, to conclude tional security implications of TPA. trade agreement still has to be approved by
trade agreements with foreign nations. Cer- First, as the Chairman of the House Finan- Congress by a ‘‘yes’’ or ‘‘no’’ vote, without any
tainly, TPA is necessary to give our trading cial Services Subcommittee on International amendments, by both the House and the Sen-
partners confidence that the agreements Monetary Policy and Trade, this Member has ate before it can be signed into law. As a re-
which the U.S. negotiates will not be changed focused on the importance of financial serv- sult, TPA does not impinge upon the exclusive
by Congress. Without the enactment of TPA, ices trade, which includes banking, insurance, power of Congress to regulate foreign com-
the United States will continue to fall further and securities. This Subcommittee was told in merce. Furthermore, the U.S. Constitution
behind in expanding its export base and that a June 2001 hearing that U.S. trade in finan- does not ban the adoption of a Senate or
will cost America thousands of potential jobs. cial services equaled $20.5 billion in 2000. House rule which prohibits amendments from
Granting TPA to the President is absolutely This is a 26.7 percent increase from the U.S.’s being offered to a bill during Floor consider-
essential for America to reach towards its ex- 1999 financial services trade data. Unlike the ation. In fact, the House considers bills almost
port potential. current overall U.S. trade deficit, U.S. financial every legislative week which cannot be
TPA will enhance Nebraska’s agricultural services trade had a positive balance of $8.8 amended on the Suspension Calendar.
exports. According to estimates from the U.S. billion in 2000. Fifth, extending TPA to the President has
Department of Agriculture, Nebraska ranked The numbers for U.S. financial services critical national security implications. Indeed,
fourth among all states with agricultural ex- trade have the potential to significantly in- the terrorist attacks of September 11th high-
ports of $3.1 billion in 2000. These exports crease if TPA is enacted into law. The U.S. is light the extend to which American security is
represented about 35 percent of the state’s the preeminent world leader in financial serv- placed at risk when the U.S. fails to remain
total farm income of $8.9 billion in 2000. In ad- ices. TPA would further empower the United engaged in areas around the world. Many
dition to increasing farm prices and income, States Trade Representative to negotiate with countries of Central America, South America,
agricultural exports support about 44,800 jobs foreign nations to open these insurance, bank- Asia, and Africa have fragile democratic insti-
both on and off the farm. The top three agri- ing, and securities markets and to expand ac- tutions and market economies. They remain in
cultural exports in 2000 were live animals and cess to these diverse financial service prod- peril of falling into the hands of unfriendly re-
red meats ($1 billion), feed grains and prod- ucts. gimes unless the U.S. helps to develop the
ucts ($769 million) and soybeans and products Certainly, TPA would particularly benefit kind of economic stability underpinning demo-
($454 million). However, Nebraska agricultural U.S. financial services trade as it relates to the cratic societies that enhanced trading opportu-
exports still encounter high tariff and a whole Free Trade Area of the Americas since many nities can provide.
range of significant nontariff barriers world- of the involved countries are emerging mar- In conclusion, for the above stated reasons
wide. kets where there will be an increasing demand and many others, this Member strongly sup-
At the recent World Trade Organization for sophisticated financial services. Further- ports TPA because it is absolutely critically im-
(WTO) ministerial in Doha, Qatar, trade min- more, TPA would also benefit financial serv- portant to the health and the future growth of
isters representing over 140 countries agreed ices trade as it is part of the larger framework the U.S. economy. Therefore, this Member
to a Declaration which launched a comprehen- of the World Trade Organization (WTO) Gen- very strongly urges his colleagues to support
sive multilateral trade negotiation that covered eral Agreement on Trade in Services (GATS). H.R. 3005. This is probably the most important
a variety of areas including agriculture. The In 2000, GATS members began a new round vote of the 107th Congress.
trade objectives in this Declaration called for a of service negotiations.
Second, the Bipartisan Trade Promotion Au- Mr. HYDE. Mr. Speaker, I rise in strong sup-
reduction of foreign agriculture export sub- port of the Bipartisan Trade Promotion Author-
sidies, as well as improvements in agriculture thority Act of 2001 includes important labor
and environmental provisions. For example, ity Act of 2001, H.R. 3005, a measure granting
market access. In order to help meet these Trade Promotion Authority, TPA, to President
trade negotiation objectives, TPA would give among other provisions, TPA adds a principal
U.S. negotiating objective to ensure that a Bush, an authority which lapsed in 1994. One
the President through the United States Trade of the most important votes we will be asked
Representative the authority to conclude trade party to a trade agreement does not fail to ef-
fectively enforce its own labor or environ- to cast in this Congress, the enactment of this
agreements which are in the best interest of measure is essential to our national interest
American farmers and ranchers. mental laws. This type of provision was also
included in the U.S.-Jordan Free Trade Agree- and our long-term economic growth and pros-
This legislation is very important for Ne-
ment which was signed into law on September perity.
braska because our states economy is very
export-dependent. According to the U.S. De- 28, 2001 (Public Law No. 107–43). Without this authority, U.S. negotiators will
partment of Commerce International Trade Ad- Third, it is important to note that this legisla- continue to find themselves outside looking in
ministration, Nebraska has export sales of tion has strong congressional consultation pro- on trade competitors concluding one trade
$1,835 for every state resident. Moreover, visions for before, during, and after the nego- agreement after another that protects their in-
1,367 companies, including 998 small and me- tiations of trade agreements. For example, the terests and ignores ours. There are over 130
dium-sized businesses with under 500 em- President is required, before initiating negotia- such preferential agreements in place today
ployees, exported from Nebraska in 1998. tions, to provide written notice and to consult and the U.S. is a party to only three.
Therefore, TPA is critical to help remove exist- with the relevant House and Senate commit- Our trade competitors have clearly taken
ing trade barriers to exports of Nebraska tees of jurisdiction and a Congressional Over- advantage of our inability to negotiate without
goods and services. sight Group at least 90 calendar days prior to this authority. Our NAFTA trade partners, Can-
To illustrate the urgency for TPA, it must be entering into trade negotiations. This Congres- ada and Mexico, have, for example, signed
noted that the U.S. is only party to free trade sional Oversight Group, who would be accred- preferential trade agreements with other coun-
agreements with Mexico and Canada through ited as official advisers to the United States tries of South and Central America ensuring
NAFTA and with Israel and Jordan. However, Trade Representative, would provide advice that our exporters are at a competitive dis-
Europe currently has entered 27 free trade regarding formulation of specific objectives, advantage.
agreements and it is currently negotiating 15 negotiating strategies and positions, and de- Our hopes for this hemisphere rest upon the
more such agreements. In addition, there are velopment of the trade agreement. In addition, economic advancement of all. And during the
currently over 130 preferential trade agree- TPA would not apply to an agreement if both past decade there were many positive signs
ments in the world today. Without TPA, many Houses separately agree to a procedural dis- as almost every country in the region em-
American exporters will continue to lose im- approval resolution within any 60-day period braced the free market and implemented a far-
portant sales to countries which have imple- stating that the Administration has failed to reaching series of economic reforms, thereby
mented preferential trade agreements. For ex- consult Congress. laying the foundation for sustained growth. We
ample, many American exporters are currently Fourth, enactment of TPA is required to se- are only at the beginning of this process, how-
losing export sales to Chile because Canadian cure a constitutionally sound basis for Amer- ever.
exporters face lower tariffs there under a Can- ican trade policy in the globalized economic Too many in this rich hemisphere remain
ada-Chile trade agreement. environment focusing our country today. poor; too many countries remain under-
This Member would like to focus on the fol- Under Article II of the U.S. Constitution, the developed; and too many workers are denied
lowing five subjects are they relate to the Bi- President is given the authority to negotiate access to increased economic opportunities.
partisan Trade Promotion Authority Act of treaties and international agreements. How- There are many obstacles that need to be
2001: financial services; labor and the environ- ever, under Article I of the U.S. Constitution, overcome in this effort, but one easy way to
H9028 CONGRESSIONAL RECORD — HOUSE December 6, 2001
expand economic opportunity for every coun- Without TPA, we won’t have the tools need- cent higher than in 1995. As the 16th largest
try in this hemisphere is to remove its out- ed to jump start the global economy to help lift exporter among the 50 states, Virginia indus-
dated and self-limiting barriers to trade. This is us out of economic recession. tries have benefitted tremendously from inter-
what the Free Trade Area of Americas (FTAA) With TPA, they can finish the task of build- national trade, particularly in the high-tech, in-
represents: the recognition that protectionism ing a Free Trade Area of the Americas and dustrial machinery, transportation equipment,
is a dead end street and that the economic in- negotiating a new trade round. With TPA, our and chemical and fabricated metal products
terests of each country are best advanced President can once again exercise leadership exporting sectors.
through cooperation and an openness to the to foster open markets, democracy and eco- U.S. technology companies are the single
world. nomic development. largest merchandise exporters in the United
President Bush has rightly made the FTAA Security and trade issues are increasingly States, accounting for 20 percent of all mer-
the centerpiece of U.S. policy towards the linked. Bringing China, and eventually Russia, chandise exports. Exports from the U.S. have
hemisphere, but we cannot succeed in this ef- into the world trading system will help to en- more than doubled during the last decade. In
fort without trade promotion authority. sure that these and other countries will particular, high-tech services such as com-
We now find ourselves in the ironic situation strengthen the rule of law and promote more puter, data processing and other information
that the greatest advocates of this agreement open economic systems. services are booming. While these exports are
are the countries of Central and South Amer- NATO’s role in the world is only as strong vital, imports are also important. They help
ica which formerly blockaded themselves vir- as the economies of its members and without keep inflation in check, give consumers great-
tually every U.S. proposal for expanded co- TPA and a new round of trade negotiations er choice, create jobs, and allow U.S. compa-
operation. Now it is they who are knocking on the global recession is likely to be that much nies to use the best technology available so
our door, preaching the benefits of coopera- longer and deeper. they can increase their productivity and com-
tion. Support the President and pass H.R. 3005. petitiveness.
A ‘‘no’’ voted today will only ties the hands Mr. TOM DAVIS of Virginia. Mr. Speaker, I Since TPA lapsed in 1993, the U.S. has
of our trade negotiators who are trying to rise to support H.R. 3005, the Trade Pro- been forced to sit on the sidelines while our
lower tariff and non-tariff barriers, to increase motion Authority Act of 2001. foreign competitors aggressively pursued their
economic opportunity here and abroad, and to I believe passage of this important legisla- own economic interests through trade agree-
jump-start the global economy. tion is crucial to America’s economic interest, ments. For example: both Canada and Mexico
NAFTA and the most recent global trade especially in light of the recession. H.R. 3005 now have free trade agreements with Chile;
agreement (the ‘‘Uruguay Round’’) have saved is significant because it seeks to renew the the Latin American Southern Cone Common
the average American family $1,300 to $2,000 President’s fast track or trade promotion au- Market (‘‘Mercosur’’), which consists of Brazil,
each year from the combined effect of income thority (TPA) to negotiate trade agreements Argentina, Paraguay, and Uruguay, has agree-
increases and lower prices for imports. These with other nations. This legislation would en- ments with Chile and Bolivia and is negotiating
two agreements are estimated to have in- sure that the United States can effectively ne- trade arrangements with other countries in
creased overall U.S. national income by ap- gotiate away foreign tariff barriers as well as Latin America; Japan and the European Union
proximately $50 billion a year. non-tariff barriers that now exclude U.S. prod- are working toward trade arrangements with
Many Members, on the Republican as well ucts. It gives the U.S. credibility to negotiate countries in Latin America and Asia; and
as Democratic side of the aisle, are con- tough trade deals while preserving Congress’ Members of the Association of Southeast
cerned, however, that granting the President right to approve or disapprove them. More im- Asian Nations (ASEAN) are implementing a
‘‘a blank check’’ to negotiate trade agreements portantly, if the U.S. fails to be a leading par- free trade area.
could compromise our values and set back ef- ticipant in future negotiations on multilateral, The President must have the authority to
forts to reform the World Trade Organization. bilateral and sectoral agreements, we will see begin hammering out fair and balanced trade
But the text of the proposed trade legislation a negative effect on our competitive ability to agreements that will clinch America’s leader-
clearly spells out our commitment to democ- sell our goods in overseas markets. Our global ship role in the world market and improve the
racy, improved trade and environmental poli- economy demands that the President have standard of living for American families. H.R.
cies, respect for worker rights and the rights of TPA to open up foreign markets to United 3005 is a reasonable compromise that will en-
children consistent with the core labor stand- States products and ensure continued eco- able the United States to stimulate economic
ards of the International Labor Organization. nomic prosperity for American consumers and growth, exercise leadership, and provide new
It also includes our commitment to greater workers. For this reason, I fully support giving opportunities for American companies, work-
openness and transparency inside the global the President this important tool that every ers and their families. The U.S. is not keeping
rule-making body, the World Trade Organiza- President, except for President Bill Clinton, pace with our foreign competitors in opening
tion and to much greater public access to its has had since 1974. up markets. We are party to only two of the
dispute settlement proceedings. TPA allows the President to enter into trade more than 130 free trade agreements, and 43
For those members who remain uncon- agreements reducing, eliminating, or otherwise of the 1,800 bilateral investment agreements
vinced that the President would put his TPA affecting U.S. tariff and non-tariff barriers. It in force today. The impact of U.S. inaction
authority to good use, I emphasize that Con- essentially commits the Congress to vote on cannot be overstated: we face discriminatory
gress retains the right to approve or dis- those agreements (without amendments or re- tariffs; our service sectors are often at a com-
approve any trade agreement negotiated visions) within a limited period of time. Under petitive disadvantage against their foreign ri-
under the TPA authority. Any Member can H.R. 3005, the President must also consult vals; product standards are established that
vote down any future trade agreement if he or and coordinate with Congress throughout the favor our foreign competitors; and foreign
she feels that it doesn’t promote our economic negotiating process. In any event, if Congress companies are often granted more favorable
security. does not like the end result, members can investment terms.
Our failure to grant the President this vitally simply vote against the total package. By granting the President this authority we
needed authority will lead to the continuing Mr. Speaker, 95 percent of the world’s con- will guarantee that the U.S. remains both the
loss of American influence in global trade de- sumers living outside of the United States. Let political and economic world leader. Right
bates and a continuation of the global eco- me repeat: 95 percent of the world’s con- now, while the U.S. stands on the sidelines,
nomic recession. The U.S. has long been the sumers live outside the U.S. That means quite other nations have gotten the jump on negoti-
engine of the global economy and without this simply, that the continued growth of the U.S. ating trade agreements that benefit their do-
key trade authority we will be hard pressed to economy depends upon our success in elimi- mestic interest.
lead Europe and Asia back onto the growth nating trade barriers around the globe. Since U.S. exporters lose out on investment op-
path of the 1990s. 1993, U.S. exports have contributed to nearly portunities while the Congress debates wheth-
At this critical point in our global anti-ter- one-third of the nation’s economic growth and er we as a nation should be engaged in seri-
rorism battle, it is also essential, in my view, have increased three times faster than overall ous world trade. The time for debate is over;
that we enable the President to build stable income. Moreover, between 1986 and 1994, the time for action is now.
trade relationships with our key coalition part- jobs supported by exports rose 63 percent Without the authority provided by this legis-
ners. more than four times faster than overall pri- lation, U.S. negotiators will not be able to sit
We can—and should—esnure that the views vate industry job growth. across the table from our largest trading part-
of our committee are fully taken into account Free trade is especially important to the ners and reach agreements that lower tariffs,
in the drafting of any future trade negotiations, Commonwealth of Virginia. In 1996, Virginia increase transparency and lessen onerous
and I will help to ensure that this takes place. exported goods worth $10.9 billion, 4.8 per- regulations in prospective markets. Instead, it
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9029
will be our trading partners who negotiate free world’s standard of living and creating even nizations in which the United States is a
trade pacts among themselves, excluding U.S. more demand for American goods and serv- member by developing such organizations
workers and businesses from the benefits of ices. and their underlying agreements in ways
that make the resources of such organiza-
open markets. We cannot afford to sit idly by I urge passage of the bill.
tions more accessible to, and their decision-
while other nations seize the mantle of leader- The SPEAKER pro tempore (Mr. making processes more open to participation
ship on trade matters from the United States. LAHOOD). All time for debate has ex- by, workers, farmers, businesses, and non-
The September 11th attacks on America pired. governmental organizations.
and the ensuing sluggish economy make it Pursuant to House Resolution 306, (7) To ensure that the dispute settlement
more important than ever for Congress to give the previous question is ordered on the mechanisms in multilateral, regional, and
the President unfettered authority to tear down bill, as amended. bilateral agreements lead to prompt and full
barriers to trade and investment, expand mar- The question is on the engrossment compliance.
(8) To ensure that the benefits of trade ex-
kets for U.S. farmers and businesses, and cre- and third reading of the bill.
tend broadly and fully to all segments of so-
ate higher-skilled, higher-paying jobs for Amer- The bill was ordered to be engrossed ciety.
ican workers. Because TPA is crucial to these and read a third time, and was read the (9) To pursue market access initiatives
objectives, I urge all of my colleagues to vote third time. that benefit the world’s least-developed
in favor of H.R. 3005 MOTION TO RECOMMIT OFFERED BY MR. RANGEL countries.
Mr. CANTOR. Mr. Speaker, I rise today in Mr. RANGEL. Mr. Speaker, I offer a (10) To ensure that trade rules take into
support of H.R. 3005, the Bipartisan Trade motion to recommit. account the special needs of least-developed
Promotion Authority and encourage its over- countries.
The SPEAKER pro tempore. Is the (11) To promote enforcement of inter-
whelming passage. gentleman opposed to the bill? nationally recognized core labor standards
Mr. Speaker, my colleagues on the other Mr. RANGEL. I am, Mr. Speaker. by trading partners of the United States.
side of the aisle claim that trade promotion au- The SPEAKER pro tempore. The (12) To promote the ongoing improvement
thority will result in a diminished quality of life Clerk will report the motion to recom- of environmental protections.
while creating low paying jobs in countries mit. (13) To promote the compatibility of trade
around the world. The Clerk read as follows: rules with national environmental, health,
This could not be further from the truth and and safety standards and with multilateral
Mr. RANGEL moves to recommit the bill
our trade with Mexico is the perfect example environmental agreements.
H.R. 3005 to the Committee on Ways and
to illustrate this point. (14) To identify and pursue those areas of
Means with instructions that the Committee
trade liberalization, such as trade in envi-
Since NAFTA, wages in Mexico increased report back to the House forthwith with the
ronmental technologies, that also promote
at an average annual rate of 10.3 percent following amendment:
protection of the environment.
from 1995–2000. Strike all after the enacting clause and in- (15) To ensure that existing and new rules
The standard of living in Mexico between sert the following: of the WTO and of regional and bilateral
1993–1999 increased at an average annual SECTION 1. SHORT TITLE; TABLE OF CONTENTS. trade agreements support sustainable devel-
rate of 8 percent. (a) SHORT TITLE.—This Act may be cited as opment, protection of endangered species,
Approximately 1.7 million jobs have been the ‘‘Comprehensive Trade Negotiating Au- and reduction of air and water pollution.
created in Mexico since mid-1995, according thority Act of 2001’’. (16) To ensure that existing and new rules
(b) TABLE OF CONTENTS.—The table of con- of the WTO and of regional and bilateral
to Mexican government figures. tents for this Act is the following: agreements are written, interpreted, and ap-
Moreover unemployment in Mexico fell from plied in such a way as to facilitate the
Sec. 1. Short title; table of contents.
nearly 6.3 percent in 1995 to just over 2.5 per- growth of electronic commerce.
Sec. 2. Negotiating objectives.
cent in 1999. Sec. 3. Congressional trade advisers. (b) PRINCIPAL NEGOTIATING OBJECTIVES
In the year 2000, U.S. companies have had Sec. 4. Trade agreements authority. UNDER THE WTO.—The principal negotiating
direct investment worth $35 million in Mexico, Sec. 5. Commencement of negotiations. objectives of the United States under the
up from $17 billion in 1994. Sec. 6. Congressional participation during auspices of the WTO are the following:
Not only is NAFTA raising the standard of negotiations. (1) RECIPROCAL TRADE IN AGRICULTURE.—
living and creating jobs in Mexico, but it is Sec. 7. Implementation of trade agreements. The principal negotiating objective of the
doing so in the United States as well. Sec. 8. Treatment of certain trade agree- United States with respect to agriculture is
ments. to obtain competitive opportunities for
NAFTA allowed U.S. exports to Canada and Sec. 9. Additional report and studies. United States exports of agricultural com-
Mexico to rise by $149 billion, leading to new Sec. 10. Additional implementation and en- modities in foreign markets equal to the
sales that helped create nearly three million forcement requirements. competitive opportunities afforded foreign
jobs. Sec. 11. Technical and conforming amend- exports in United States markets and to
Export-related jobs pay on average 13–16 ments. achieve fairer and more open conditions of
percent more than comparable domestic jobs. Sec. 12. Definitions. trade in bulk, specialty crop, and value-
United States trade interests will continue to SEC. 2. NEGOTIATING OBJECTIVES. added commodities by doing the following:
suffer if we do not grant the President trade (a) OVERALL TRADE NEGOTIATING OBJEC- (A) Reducing or eliminating, by a date cer-
promotion authority. TIVES.—The overall trade negotiating objec- tain, tariffs or other charges that decrease
In an editorial that appeared in the Wall tives of the United States for agreements market opportunities for United States ex-
subject to the provisions of section 4 are the ports, giving priority to those products that
Street Journal, European Union commissioner
following: are subject to significantly higher tariffs or
for trade, Pascal Lamy, was quoted as saying (1) To obtain clear and specific commit- subsidy regimes of major producing coun-
that, ‘‘If the United States does not get this ments from trading partners of the United tries and providing reasonable adjustment
mandate quickly, then no one will negotiate.’’ States to fulfill existing international trade periods for import sensitive products of the
Brazilian Ambassador Rubens Barbosa has obligations according to existing schedules. United States, in close consultation with the
warned that a TPA failure would all but sink (2) To obtain more open, equitable, and re- Congress.
talks for a new 34-country Free Trade Area of ciprocal market access for United States ag- (B) Eliminating disparities between ap-
the Americas. ricultural products, manufactured and other plied and bound tariffs by reducing bound
nonagricultural products, and services. tariff levels.
In Chile, United States exports are being
(3) To obtain the reduction or elimination (C) Enhancing the transparency of tariff
displaced as Chilean buyers switch away from of barriers to trade, including barriers that regimes.
United States made products and increasingly result from failure of governments to publish (D) Tightening disciplines governing the
buy goods from suppliers in countries with laws, rules, policies, practices, and adminis- administration of tariff rate quotas.
which Chile has a free trade agreement. trative and judicial decisions. (E) Eliminating export subsidies.
The United States has lost 6 percentage (4) To ensure effective implementation of (F) Eliminating or reducing trade dis-
points of the Chilean import market since trade commitments and obligations by torting domestic subsidies.
1997, resulting in the loss of more than $800 strengthening the effective operation of the (G) When negotiating reduction or elimi-
million annually in exports to Chile. rule of law by trading partners of the United nation of export subsidies or trade distorting
States. domestic subsidies with countries that main-
This represents a loss of more than 10,000 (5) To oppose any attempts to weaken in tain higher levels of such subsidies than the
American Jobs. The point is clear. any respect the trade remedy laws of the United States, obtaining reductions from
Increased international trade and invest- United States. other countries to United States subsidy lev-
ments will create opportunities for American (6) To increase public access to inter- els before agreeing to reduce or eliminate
companies and American workers, lifting the national, regional, and bilateral trade orga- United States subsidies.
H9030 CONGRESSIONAL RECORD — HOUSE December 6, 2001
(H) Preserving United States market de- tion of cartels or toleration of anticompeti- (vi) similar government acts, measures, or
velopment programs, including agriculture tive activity, unreasonable delegation of reg- policies affecting the sale, offering for sale,
export credit programs that allow the United ulatory powers to private entities, and simi- purchase, transportation, distribution, or
States to compete with other foreign export lar government acts, measures, or policies use of goods that have the effect of restrict-
promotion efforts. affecting the sale, offering for sale, purchase, ing access of goods to a foreign market.
(I) Maintaining bona fide food aid pro- distribution, or use of services that have the (4) TRADE IN CIVIL AIRCRAFT.—The principal
grams. effect of restricting access of services and negotiating objectives of the United States
(J) Allowing the preservation of programs service suppliers to a foreign market; and with respect to civil aircraft are those con-
that support family farms and rural commu- (v) grandfather existing concessions and tained section 135(c) of the Uruguay Round
nities but do not distort trade. liberalization commitments. Agreements Act (19 U.S.C. 3555(c)).
(K) Eliminating state trading enterprises, (B) Strengthening requirements under (5) RULES OF ORIGIN.—The principal negoti-
or, at a minimum, adopting rigorous dis- GATS to ensure that regulation of services ating objective of the United States with re-
ciplines that ensure transparency in the op- and service suppliers in all respects, includ- spect to rules of origin is to conclude the
erations of such enterprises, including price ing by rulemaking, license-granting, stand- work program on rules of origin described in
transparency, competition, and the end of ards-setting, and through judicial, adminis- Article 9 of the Agreement on Rules of Ori-
discriminatory policies and practices, in- trative, and arbitral proceedings, is con- gin.
cluding policies and practices supporting ducted in a transparent, reasonable, objec- (6) DISPUTE SETTLEMENT.—The principal
cross-subsidization, price discrimination, tive, and impartial manner and is otherwise negotiating objectives of the United States
and price undercutting in export markets. consistent with principles of due process.
with respect to dispute settlement are the
(L) Eliminating practices that adversely (C) Continuing to oppose strongly cultural
following:
affect trade in perishable or seasonal prod- exceptions to obligations under GATS, espe-
(A) To improve enforcement of decisions of
ucts, while improving import relief mecha- cially relating to audiovisual services and
dispute settlement panels to ensure prompt
nisms to recognize the unique characteris- service providers.
compliance by foreign governments with
tics of perishable and seasonal agriculture. (D) Preventing discrimination against a
their obligations under the WTO.
Before commencing negotiations with re- like service when delivered through elec-
(B) To strengthen rules that promote co-
spect to agriculture, the Trade Representa- tronic means.
tive, in consultation with the Congress, shall (E) Pursuing full market access and na- operation by the governments of WTO mem-
seek to develop a position on the treatment tional treatment commitments for services bers in producing evidence in connection
of perishable and seasonal food products to sectors essential to supporting electronic with dispute settlement proceedings, includ-
be employed in the negotiations in order to commerce. ing copies of laws, regulations, and other
develop an international consensus on the (F) Broadening and deepening commit- measures that are the subject of or are di-
treatment of such products in antidumping, ments of other countries relating to basic rectly relevant to the dispute, other than
countervailing duty, and safeguard actions and value added telecommunications, includ- evidence that is classified on the basis of na-
and in any other relevant area. ing by— tional security, and evidence that is business
(M) Taking into account whether a party (i) strengthening obligations and the im- confidential.
to the negotiations has failed to adhere to plementation of obligations to ensure com- (C) To pursue rules for the management of
the provisions of already existing trade petitive, nondiscriminatory access to public translation-related issues.
agreements with the United States or has telecommunication networks and services (D) To require that all submissions by gov-
circumvented obligations under those agree- for Internet service providers and other ernments to dispute settlement panels and
ments. value-added service providers; and the Appellate Body be made available to the
(N) Taking into account whether a product (ii) preventing anticompetitive behavior by public upon submission, providing appro-
is subject to market distortions by reason of major suppliers, including service suppliers priate exceptions for only that information
a failure of a major producing country to ad- that are either government owned or con- included in a submission that is classified on
here to the provisions of already existing trolled or recently government owned or the basis of national security or that is busi-
trade agreements with the United States or controlled. ness confidential.
by the circumvention by that country of its (G) Broadening and deepening commit- (E) To require that meetings of dispute set-
obligations under those agreements. ments of other countries relating to finan- tlement panels and the Appellate Body with
(O) Taking into account the impact that cial services. parties to a dispute are open to other WTO
agreements covering agriculture to which (3) TRADE IN MANUFACTURED AND NON- members and the public and provide for in
the United States is a party, including AGRICULTURAL GOODS.—The principal negoti- camera treatment of only those portions of a
NAFTA, have had on the agricultural sector ating objectives of the United States with re- proceeding dealing with evidence that is
in the United States. spect to trade in manufactured and non- classified on the basis of national security or
(P) Ensuring that countries that accede to agricultural goods are the following: that is business confidential.
the WTO have made meaningful market lib- (A) To eliminate disparities between ap- (F) To require that transcripts of pro-
eralization commitments in agriculture. plied and bound tariffs by reducing bound ceedings of dispute settlement panels and
(Q) Treating the negotiation of all issues tariff levels. the Appellate Body be made available to the
as a single undertaking, with implementa- (B) To negotiate an agreement that in- public promptly, providing appropriate ex-
tion of early agreements in particular sec- cludes reciprocal commitments to eliminate ceptions for only that information included
tors contingent on an acceptable final pack- duties in sectors in which tariffs are cur- in the transcripts that is classified on the
age of agreements on all issues. rently approaching zero. basis of national security or that is business
(2) TRADE IN SERVICES.—The principal ne- (C) To eliminate tariff and nontariff dis- confidential.
gotiating objective of the United States with parities remaining from previous rounds of (G) To establish rules allowing for the sub-
respect to trade in services is to further re- multilateral trade negotiations that have mission of amicus curiae briefs to dispute
duce or eliminate barriers to, or other dis- put United States exports at a competitive settlement panels and the Appellate Body,
tortions of, international trade in services disadvantage in world markets, especially and to require that such briefs be made
by doing the following: tariff and nontariff barriers in foreign coun- available to the public, providing appro-
(A) Pursuing agreement by WTO members tries in those sectors where the United priate exceptions for only that information
to extend their commitments under the Gen- States imposes no significant barriers to im- included in the briefs which is classified on
eral Agreement on Trade in Services (in this ports and where foreign tariff and nontariff the basis of national security or that is busi-
section also referred to as ‘‘GATS’’) to— barriers are substantial. ness confidential.
(i) achieve maximum liberalization of mar- (D) To obtain the reduction or elimination (H) To strengthen rules protecting against
ket access in all modes of supply, including of tariffs on value-added products that pro- conflicts of interest by members of dispute
by removing restrictions on the legal form of vide a disproportionate level of protection settlement panels and the Appellate Body,
an investment or on the right to own all or compared to that provided to raw materials. and promoting the selection of such mem-
a majority share of a service supplier, sub- (E) To eliminate additional nontariff bar- bers with the skills and time necessary to
ject to national security exceptions; riers to trade, including— decide increasingly complex cases.
(ii) remove regulatory and other barriers (i) anticompetitive restrictions on access (I) To pursue the establishment of formal
that deny national treatment, or unreason- to product distribution networks and infor- procedures under which dispute settlement
ably restrict the establishment or operations mation systems; panels, the Appellate Body, and the Dispute
of service suppliers in foreign markets; (ii) unreasonable or discriminatory inspec- Settlement Body seek advice from other fora
(iii) reduce or eliminate any adverse ef- tion processes; of competent jurisdiction, such as the Inter-
fects of existing government measures on (iii) the administration of cartels, or the national Court of Justice, the ILO, rep-
trade in services; promotion, enabling, or toleration of anti- resentative bodies established under inter-
(iv) eliminate additional barriers to trade competitive activity; national environmental agreements, and sci-
in services, including restrictions on access (iv) unreasonable delegation of regulatory entific experts.
to services distribution networks and infor- powers to private entities; (J) To ensure application of the require-
mation systems, unreasonable or discrimina- (v) unreasonable or discriminatory licens- ment that dispute settlement panels and the
tory licensing requirements, the administra- ing requirements; and Appellate Body apply the standard of review
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9031
established in Article 17.6 of the Anti- that rightholders have the legal and techno- (II) gives such persons a reasonable oppor-
dumping Agreement and clarify that this logical means to control the use of their tunity to present facts and arguments in
standard of review should apply to cases works through the Internet and other global support of their positions prior to any final
under the Agreement on Subsidies and Coun- communication media, and to prevent the administrative action, when time, the nature
tervailing Measures and the Agreement on unauthorized use of their works. of the proceeding, and the public interest
Safeguards. (E) To prevent misuse of reference pricing permit; and
(7) SANITARY AND PHYTOSANITARY MEAS- classification systems by developed coun- (III) is in accordance with domestic law;
URES.—The principal negotiating objectives tries as a way to discriminate against inno- and
of the United States with respect to sanitary vative pharmaceutical products and innova- (v) requiring each WTO member—
and phytosanitary measures are the fol- tive medical devices, without challenging le- (I) to establish or maintain judicial, quasi-
lowing: gitimate reference pricing systems not used judicial, or administrative tribunals (impar-
(A) To oppose reopening of the Agreement as a disguised restriction on trade. tial and independent of the office or author-
on the Application of Sanitary and (F)(i) To clarify that under Article 31 of ity entrusted with administrative enforce-
Phytosanitary Measures. the TRIPs Agreement WTO members are ment) or procedures for the purpose of the
(B) To affirm the compatibility of trade able to adopt measures necessary to protect prompt review and, where warranted, correc-
rules with measures to protect human the public health and to respond to situa- tion of final administrative actions regard-
health, animal health, and the phytosanitary tions of national emergency or extreme ur- ing matters covered by any of the WTO
situation of each WTO member by doing the gency, including by taking actions that have Agreements;
following: (II) to ensure that, in such tribunals or
the effect of increasing access to essential
(i) Reaffirming that a decision of a WTO procedures, parties to the proceeding are af-
medicines and medical technologies.
member not to adopt an international stand- forded a reasonable opportunity to support
(ii) In situations involving infectious dis-
ard for the basis of a sanitary or or defend their respective positions; and
eases, to encourage WTO members that take
phytosanitary measure does not in itself cre- (III) to ensure that such tribunals or proce-
actions described under clause (i) to also im-
ate a presumption of inconsistency with the dures issue decisions based on the evidence
plement policies—
Agreement on the Application of Sanitary and submissions of record or, where required
and Phytosanitary Measures, and that the (I) to address the underlying causes neces-
sitating the actions, including, in the case of by domestic law, the record compiled by the
initial burden of proof rests with the com- office or authority entrusted with adminis-
plaining party, as set forth in the determina- infectious diseases, encouraging practices
that will prevent further transmission and trative enforcement.
tion of the Appellate Body in (B) To pursue a commitment by all WTO
EC Measures Concerning Meat and infection;
(II) to take steps to stimulate the develop- members to improve the public’s under-
Meat Products (Hormones), AB–1997–4, standing of and access to the WTO and its re-
WT/DS26/AB/R, January 16, 1998. ment of the infrastructure necessary to de-
liver adequate health care services, includ- lated agreements by—
(ii) Reaffirming that WTO members may (i) encouraging the Secretariat of the WTO
take provisional sanitary or phytosanitary ing the essential medicines and medical
technologies at issue; to enhance the WTO website by providing
measures where the relevant scientific evi- improved access to a wider array of WTO
dence is insufficient, so long as such meas- (III) to ensure the safety and efficacy of
the essential medicines and medical tech- documents and information on the trade re-
ures are based on available pertinent infor-
nologies involved; and gimes of, and other relevant information on,
mation, and members taking such provi-
(IV) to make reasonable efforts to address WTO members;
sional measures seek to obtain the addi-
the problems of supply of the essential medi- (ii) promoting public access to council and
tional information necessary to complete a
cines and medical technologies involved committee meetings by ensuring that agen-
risk assessment within a reasonable period
(other than by compulsory licensing), con- das and meeting minutes continue to be
of time. For purposes of this clause, a rea-
sistent with the obligation set forth in Arti- made available to the public;
sonable period of time includes sufficient
cle 31 of the TRIPs Agreement. (iii) ensuring that WTO documents that
time to evaluate the potential for adverse ef-
(iii) To encourage members of the Organi- are most informative of WTO activities are
fects on human or animal health arising
from the presence of additives, contami- zation for Economic Cooperation and Devel- circulated on an unrestricted basis or, if
nants, toxins, or disease-causing organisms opment and the private sectors in their classified, are made available to the public
in food, beverages, or feedstuffs. countries to work with the United Nations, more quickly;
(8) TECHNICAL BARRIERS TO TRADE.—The the World Health Organization, and other (iv) seeking the institution of regular
principal negotiating objectives of the relevant international organizations, includ- meetings between WTO officials and rep-
United States with respect to technical bar- ing humanitarian relief organizations, to as- resentatives of nongovernmental organiza-
riers to trade are the following: sist least-developed and developing coun- tions, businesses and business groups, labor
(A) To oppose reopening of the Agreement tries, in all possible ways, in increasing ac- unions, consumer groups, and other rep-
on Technical Barriers to Trade. cess to essential medicines and medical tech- resentatives of civil society; and
(B) Recognizing the legitimate role of la- nologies including through donations, sales (v) supporting the creation of a committee
beling that provides relevant information to at cost, funding of global medicines trust within the WTO to oversee implementation
consumers, to ensure that labeling regula- funds, and developing and implementing pre- of the agreement reached under this para-
tions and standards do not have the effect of vention efforts and health care infrastruc- graph.
creating an unnecessary obstacle to trade or ture projects. (11) GOVERNMENT PROCUREMENT.—The prin-
are used as a disguised barrier to trade by in- (10) TRANSPARENCY.—The principal negoti- cipal negotiating objectives of the United
creasing transparency in the preparation, ating objectives of the United States with re- States with respect to government procure-
adoption, and application of labeling regula- spect to transparency are the following: ment are the following:
tions and standards. (A) To pursue the negotiation of an agree- (A) To seek to expand the membership of
(9) TRADE-RELATED ASPECTS OF INTELLEC- ment— the Agreement on Government Procurement.
TUAL PROPERTY RIGHTS.—The principal nego- (i) requiring that government laws, rules, (B) To seek conclusion of a WTO agree-
tiating objectives of the United States with and administrative and judicial decisions be ment on transparency in government pro-
respect to trade-related aspects of intellec- published and made available to the public curement.
tual property rights are the following: so that governments, businesses, and the (C) To promote global use of electronic
(A) To oppose extension of the date by public have adequate notice of them; publication of procurement information, in-
which WTO members that are developing (ii) requiring adequate notice before new cluding notices of procurement opportuni-
countries must implement their obligations rules are promulgated or existing rules ties.
under the Agreement on Trade Related As- amended; (12) TRADE REMEDY LAWS.—The principal
pects of Intellectual Property Rights (in this (iii) encouraging governments to open negotiating objectives of the United States
section also referred to as the ‘‘TRIPs Agree- rulemaking to public comment; with respect to trade remedy laws are the
ment’’), pursuant to paragraph 2 of Article 65 (iv) establishing that any administrative following:
of that agreement. proceeding conducted by the government of (A) To preserve the ability of the United
(B) To oppose extension of the moratorium any WTO member relating to any of the States to enforce vigorously its trade laws,
on the application of subparagraphs 1(b) and WTO Agreements and applied to the persons, including the antidumping, countervailing
1(c) of Article XXIII of the GATT 1994 to the goods, or services of any other WTO member duty, and safeguard laws, and not enter into
settlement of disputes under the TRIPs shall be conducted in a manner that— agreements that lessen in any respect the ef-
Agreement, pursuant to paragraph 2 of Arti- (I) gives persons of any other WTO member fectiveness of domestic and international
cle 64 of the TRIPs Agreement. affected by the proceeding reasonable notice, disciplines—
(C) To oppose any weakening of existing in accordance with domestic procedures, of (i) on unfair trade, especially dumping and
obligations of WTO members under the when the proceeding is initiated, including a subsidies, or
TRIPs Agreement. description of the nature of the proceeding, a (ii) that address import increases or
(D) To ensure that standards of protection statement of the legal authority under which surges, such as under the safeguard remedy,
and enforcement keep pace with techno- the proceeding is initiated, and a general de- in order to ensure that United States work-
logical developments, including ensuring scription of any issues in controversy; ers, farmers and agricultural producers, and
H9032 CONGRESSIONAL RECORD — HOUSE December 6, 2001
firms can compete fully on fair terms and explicit exception for actions taken that are sistent with the obligation of national treat-
enjoy the benefits of reciprocal trade conces- in accordance with those obligations under ment provided for in paragraph 4 of Article
sions. any multilateral environmental agreement III of the GATT 1994 or the obligation of gen-
(B) To eliminate the underlying causes of accepted by both parties to a dispute. eral elimination of quantitative restrictions
unfair trade practices and import surges, in- (E) To amend Article XIV of the GATS to provided for in paragraph 1 of Article XI of
cluding closed markets, subsidization, gov- include an exception for measures relating the GATT 1994.
ernment practices promoting, enabling, or to the conservation of exhaustible natural (B) To seek to strengthen the enforce-
tolerating anticompetitive practices, and resources if such measures are made effec- ability of and compliance with the TRIMs
other forms of government intervention that tive in conjunction with restrictions on do- Agreement.
generate or sustain excess, uneconomic ca- mestic production or consumption. (17) ELECTRONIC COMMERCE.—The principal
pacity. (F) To give priority to trade liberalization negotiating objectives of the United States
(13) TRADE AND LABOR MARKET STAND- measures that promote sustainable develop- with respect to electronic commerce are the
ARDS.—The principal negotiating objectives ment, including eliminating duties on envi- following:
of the United States with respect to trade ronmental goods, and obtaining commit- (A) Make permanent and binding the mora-
and labor market standards are the fol- ments on environmental services. torium on customs duties on electronic
lowing: (G) To reduce subsidies in natural resource transmissions declared in the WTO Ministe-
(A) To achieve a framework of enforceable sectors (including fisheries and forest prod- rial Declaration of May 20, 1998.
multilateral rules as soon as practicable that ucts) and export subsidies in agriculture. (B) Ensure that current obligations, rules,
leads to the adoption and enforcement of (H) To improve coordination between the disciplines, and commitments under the
core, internationally recognized labor stand- WTO and relevant international environ- WTO apply to electronically delivered goods
ards, including in the WTO and, as appro- mental organizations in the development of and services.
priate, other international organizations, in- multilaterally accepted principles for sus- (C) Ensure that the classification of elec-
cluding the ILO. tainable development, including sustainable tronically delivered goods and services en-
(B) To update Article XX of the GATT 1994, forestry and fishery practices. sures the most liberal trade treatment pos-
and Article XIV of the GATS in relation to (15) INSTITUTION BUILDING.—The principal sible.
core internationally recognized worker negotiating objectives of the United States (D) Ensure that electronically delivered
rights, including in regard to actions of WTO with respect to institution building are the goods and services receive no less favorable
members taken consistent with and in fur- following: treatment under WTO trade rules and com-
therance of recommendations made by the (A) To strengthen institutional mecha- mitments than like products delivered in
ILO under Article 33 of the Constitution of nisms within the WTO that facilitate dia- physical form.
the ILO. logue and coordinate activities between non- (E) Ensure that governments refrain from
(C) To establish promptly a working group governmental organizations and the WTO. implementing trade-related measures that
on trade and labor issues— (B) To seek greater transparency of WTO impede electronic commerce.
(i) to explore the linkage between inter- processes and procedures for all WTO mem- (F) Where legitimate policy objectives re-
national trade and investment and inter- bers by— quire domestic regulations that affect elec-
nationally recognized worker rights (as de- (i) promoting the improvement of internal tronic commerce, to obtain commitments
fined in section 502(a)(4) of the Trade Act of communication between the Secretariat and that any such regulations are nondiscrim-
1974), taking into account differences in the all WTO members; and inatory, transparent, and promote an open
level of development among countries; (ii) establishing points of contact to facili- market environment.
(ii) to examine the effects on international tate communication between WTO members (G) Pursue a procompetitive regulatory en-
trade and investment of the systematic de- on any matter covered by the WTO Agree- vironment for basic and value-added tele-
nial of those worker rights; ments. communications services abroad, so as to fa-
(iii) to consider ways to address such ef- (C) To improve coordination between the cilitate the conduct of electronic commerce.
fects; and WTO and other international organizations (H) Focus any future WTO work program
(iv) to develop methods to coordinate the such as the International Bank for Recon- on electronic commerce on educating WTO
work program of the working group with the struction and Development, the Inter- members regarding the benefits of electronic
ILO. national Monetary Fund, the ILO, the Orga- commerce and on facilitating the liberaliza-
(D) To provide for regular review of adher- nization for Economic Cooperation and De- tion of trade barriers in areas that directly
ence to core labor standards in the Trade velopment, the United Nations Conference impede the conduct of electronic commerce.
Policy Review Mechanism established in on Trade and Development, and the United (18) DEVELOPING COUNTRIES.—The principal
Annex 3 to the WTO Agreement. Nations Environment Program to increase negotiating objectives of the United States
(E) To establish a working relationship be- the effectiveness of technical assistance pro- with respect to developing countries are the
tween the WTO and the ILO— grams. following:
(i) to identify opportunities in trade-af- (D) To increase the efforts of the WTO, (A) To enter into trade agreements that
fected sectors of the economies of WTO both on its own and through partnerships promote the economic growth of both devel-
members to improve enforcement of inter- with other institutions, to provide technical oping countries and the United States and
nationally recognized core labor standards; assistance to developing countries, particu- the mutual expansion of market opportuni-
(ii) to provide WTO members with tech- larly least-developed countries, to promote ties.
nical and legal assistance in developing and the rule of law, to assist those countries in (B) To ensure appropriate phase-in periods
enforcing internationally recognized core complying with their obligations under the with respect to the obligations of least-de-
labor standards; and World Trade Organization agreements, and veloped countries.
(iii) to provide technical assistance to the to address the full range of challenges aris- (C) To coordinate with the World Bank, the
WTO to assist with the Trade Policy Review ing from implementation of such obliga- International Monetary Fund, and other
Mechanism. tions. international institutions to provide debt re-
(14) TRADE AND THE ENVIRONMENT.—The (E) To improve the Trade Policy Review lief and other assistance to promote the rule
principal negotiating objectives of the Mechanism of the WTO to cover a wider of law and sound and sustainable develop-
United States with respect to trade and the array of trade-related issues. ment.
environment are the following: (16) TRADE AND INVESTMENT.—The principal (D) To accelerate tariff reductions that
(A) To strengthen the role of the Com- negotiating objectives of the United States benefit least-developed countries.
mittee on Trade and Environment of the with respect to trade and investment are the (19) CURRENT ACCOUNT SURPLUSES.—The
WTO, including providing that the Com- following: principal negotiating objective of the United
mittee would— (A) To pursue further reduction of trade- States with respect to current account sur-
(i) review and comment on negotiations; distorting investment measures, including— pluses is to develop rules to address large
and (i) by pursuing agreement to ensure the and persistent global current account imbal-
(ii) review potential effects on the environ- free transfer of funds related to investments; ances of countries, including imbalances
ment of WTO Agreements and future agree- (ii) by pursuing reduction or elimination of that threaten the stability of the inter-
ments of the WTO on liberalizing trade in the exceptions to the principle of national national trading system, by imposing great-
natural resource products. treatment; and er responsibility on such countries to under-
(B) To provide for regular review of adher- (iii) by pursuing amendment of the illus- take policy changes aimed at restoring cur-
ence to environmental standards in the trative list annexed to the WTO Agreement rent account equilibrium, including expe-
Trade Policy Review Mechanism of the WTO. on Trade-Related Investment Measures (in dited implementation of trade agreements
(C) To clarify exceptions under Article this section also referred to as the ‘‘TRIMs where feasible and appropriate or by offering
XX(b) and (g) of the GATT 1994 to ensure ef- Agreement’’) to include forced technology debt repayment on concessional terms.
fective protection of human, animal, or plant transfers, performance requirements, min- (20) TRADE AND MONETARY COORDINATION.—
life or health, and conservation of exhaust- imum investment levels, forced licensing of The principal negotiating objective of the
ible natural resources. intellectual property, or other unreasonable United States with respect to trade and mon-
(D) To amend Article XX of the GATT 1994 barriers to the establishment or operation of etary coordination is to foster stability in
and Article XIV of the GATS to include an investments as measures that are incon- international currency markets and develop
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9033
mechanisms to assure greater coordination, (A) Reducing or eliminating, by a date cer- (B) Achieving maximum liberalization of
consistency, and cooperation between inter- tain, tariffs or other charges that decrease market access in all modes of supply, includ-
national trade and monetary systems and in- market opportunities for United States ex- ing by removing restrictions on the legal
stitutions in order to protect against the ports, giving priority to those products that form of an investment or on the right to own
trade consequences of significant and unan- are subject to significantly higher tariffs or all or a majority share of a service supplier,
ticipated currency movements. subsidy regimes of major producing coun- subject to national security exceptions.
(21) ACCESS TO HIGH TECHNOLOGY.—The tries and providing reasonable adjustment (C) Removing regulatory and other bar-
principal negotiating objectives of the periods for import sensitive products of the riers that deny national treatment, or unrea-
United States with respect to access to high United States, in close consultation with sonably restrict the establishment or oper-
technology are the following: Congress. ations of service suppliers in foreign mar-
(A) To obtain the elimination or reduction (B) Eliminating disparities between ap- kets.
of foreign barriers to, and of acts, policies, or plied and bound tariffs by reducing bound (D) Eliminating additional barriers to
practices by foreign governments which tariff levels.
trade in services, including restrictions on
limit, equitable access by United States per- (C) Enhancing the transparency of tariff
access to services distribution networks and
sons to foreign-developed technology. regimes.
information systems, unreasonable or dis-
(B) To seek the elimination of tariffs on all (D) Tightening disciplines governing the
information technology products, infrastruc- administration of tariff rate quotas. criminatory licensing requirements, admin-
ture equipment, scientific instruments, and (E) Establishing mechanisms to prevent istration of cartels or toleration of anti-
medical equipment. agricultural products from being exported to competitive activity, unreasonable delega-
(C) To pursue the reduction of foreign bar- FTAA members by countries that are not tion of regulatory powers to private entities,
riers to high technology products of the FTAA members with the aid of export sub- and similar government acts, measures, or
United States. sidies. policies affecting the sale, offering for sale,
(D) To enforce and promote the Agreement (F) Maintaining bona fide food aid pro- purchase, distribution, or use of services
on Technical Barriers to Trade, and ensure grams. that have the effect of restricting access of
that standards, conformity assessments, and (G) Allowing the preservation of programs services and service suppliers to a foreign
technical regulations are not used as obsta- that support family farms and rural commu- market.
cles to trade in information technology and nities but do not distort trade. (E) Grandfathering existing concessions
communications products. (H) Eliminating state trading enterprises and liberalization commitments.
(E) To require all WTO members to sign or, at a minimum, adopting rigorous dis- (F) Pursuing the strongest possible obliga-
the Information Technology Agreement of ciplines that ensure transparency in the op- tions to ensure that regulation of services
the WTO, and to expand and update product erations of such enterprises, including price and service suppliers in all respects, includ-
coverage under that agreement. transparency, competition, and the end of ing by rulemaking, license-granting, stand-
(22) CORRUPTION.—The principal negoti- discriminatory practices, including policies ards-setting, and through judicial, adminis-
ating objectives of the United States with re- supporting cross-subsidization, price dis- trative, and arbitral proceedings, is con-
spect to the use of money or other things of crimination, and price undercutting in ex- ducted in a transparent, reasonable, objec-
value to influence acts, decisions, or omis- port markets. tive, and impartial manner and is otherwise
sions of foreign governments or officials or (I) Eliminating technology-based discrimi- consistent with principles of due process.
to secure any improper advantage in a man- nation against agricultural commodities, (G) Strongly opposing cultural exceptions
ner affecting trade are the following: and ensuring that the rules negotiated do to services obligations, especially relating to
(A) To obtain standards applicable to per- not weaken rights and obligations under the audiovisual services and service providers.
sons from all countries participating in the Agreement on the Application of Sanitary (H) Preventing discrimination against a
applicable trade agreement that are equiva- and Phytosanitary Measures. like service when delivered through elec-
lent to, or more restrictive than, the prohibi- (J) Eliminating practices that adversely tronic means.
tions applicable to issuers, domestic con- affect trade in perishable or seasonal prod- (I) Pursuing full market access and na-
cerns, and other persons under section 30A of ucts, while improving import relief mecha- tional treatment commitments for services
the Securities and Exchange Act of 1934 and nisms to recognize the unique characteris- sectors essential to supporting electronic
sections 104 and 104A of the Foreign Corrupt tics of perishable and seasonal agriculture. commerce.
Practices Act of 1977. Before proceeding with negotiations with re- (J) Broadening and deepening existing
(B) To implement mechanisms to ensure spect to agriculture, the Trade Representa- commitments by other countries relating to
effective enforcement of the standards de- tive, in consultation with the Congress, shall basic and value-added telecommunications,
scribed in subparagraph (A). seek to develop a position on the treatment including by—
(23) IMPLEMENTATION OF EXISTING COMMIT- of perishable and seasonal food products to
(i) strengthening obligations and the im-
MENTS AND IMPROVEMENT OF THE WTO AND THE be employed in the negotiations in order to
plementation of obligations to ensure com-
WTO AGREEMENTS.—The principal negotiating develop a consensus on the treatment of such
petitive, nondiscriminatory access to public
objectives of the United States with respect products in dumping or safeguard actions
telecommunication networks and services
to implementation of existing commitments and in any other relevant area.
for Internet service providers and other
under the WTO are the following: (K) Taking into account whether a party
to the negotiations has failed to adhere to value-added service providers; and
(A) To ensure that all WTO members com- (ii) preventing anticompetitive behavior by
ply fully with existing obligations under the the provisions of already existing trade
agreements with the United States or has major suppliers, including service suppliers
WTO according to existing commitments and
circumvented obligations under those agree- that are either government owned or con-
timetables.
ments. trolled or recently government owned or
(B) To strengthen the ability of the Trade
(L) Taking into account whether a product controlled.
Policy Review Mechanism within the WTO
is subject to market distortions by reason of (K) Broadening and deepening existing
to review implementation by WTO members
a failure of a major producing country to ad- commitments of other countries relating to
of commitments under the WTO.
here to the provisions of already existing financial services.
(C) To undertake diplomatic and, as appro-
trade agreements with the United States or (3) TRADE IN MANUFACTURED AND NON-
priate, dispute settlement efforts to promote
by the circumvention by that country of its AGRICULTURAL GOODS.—The principal negoti-
compliance with commitments under the
obligations under those agreements. ating objectives of the United States with re-
WTO.
(D) To extend the coverage of the WTO (M) Taking into account the impact that spect to trade in manufactured and non-
Agreements to products, sectors, and condi- agreements covering agriculture to which agricultural goods are the following:
tions of trade not adequately covered. the United States is a party, including (A) To eliminate disparities between ap-
(c) NEGOTIATING OBJECTIVES FOR THE NAFTA, have on the United States agricul- plied and bound tariffs by reducing bound
FTAA.—The principal negotiating objectives tural industry. tariff levels.
of the United States in seeking a trade (2) TRADE IN SERVICES.—The principal ne- (B) To negotiate an agreement that in-
agreement establishing a Free Trade Area gotiating objective of the United States with cludes reciprocal commitments to eliminate
for the Americas are the following: respect to trade in services is to achieve, to duties in sectors in which tariffs are cur-
(1) RECIPROCAL TRADE IN AGRICULTURE.— the maximum extent possible, the elimi- rently approaching zero.
The principal negotiating objective of the nation of barriers to, or other distortions of, (C) To eliminate tariff and nontariff dis-
United States with respect to agriculture is trade in services in all modes of supply and parities remaining from previous rounds of
to obtain competitive opportunities for across the broadest range of service sectors multilateral trade negotiations that have
United States exports of agricultural com- by doing the following: put United States exports at a competitive
modities in foreign markets equal to the (A) Pursuing agreement to treat negotia- disadvantage in world markets, especially
competitive opportunities afforded foreign tion of trade in services in a negative list tariff and nontariff barriers in foreign coun-
exports in United States markets and to manner whereby commitments will cover all tries in those sectors where the United
achieve fairer and more open conditions of services and all modes of supply unless par- States imposes no significant barriers to im-
trade in bulk, specialty crop, and value- ticular services or modes of supply are ex- ports and where foreign tariff and nontariff
added commodities by doing the following: pressly excluded. barriers are substantial.
H9034 CONGRESSIONAL RECORD — HOUSE December 6, 2001
(D) To obtain the reduction or elimination (I) To pursue the establishment of formal States, and other relevant international or-
of tariffs on value-added products that pro- procedures under which the FTAA dispute ganizations, including humanitarian relief
vide a disproportionate level of protection panels and any appellate body seek advice organizations, to assist least-developed and
compared to that provided to raw materials. from other fora of competent jurisdiction, developing countries in the region in in-
(E) To eliminate additional nontariff bar- such as the International Court of Justice, creasing access to essential medicines and
riers to trade, including— ILO, representative bodies established under medical technologies through donations,
(i) anticompetitive restrictions on access international environmental agreements, sales at cost, funding or global medicines
to product distribution networks and infor- and scientific experts. trust funds, and developing and imple-
mation systems; (5) TRADE-RELATED ASPECTS OF INTELLEC- menting prevention efforts and health care
(ii) unreasonable or discriminatory inspec- TUAL PROPERTY RIGHTS.—The principal nego- infrastructure projects.
tion processes; tiating objectives of the United States with (6) TRANSPARENCY.—The principal negoti-
(iii) the administration of cartels, or the respect to trade-related aspects of intellec- ating objectives of the United States with re-
promotion, enabling, or toleration of anti- tual property rights are the following: spect to transparency are the following:
competitive activity; (A) To ensure that the provisions of a re- (A) To pursue the negotiation of an agree-
(iv) unreasonable delegation of regulatory gional trade agreement governing intellec- ment—
powers to private entities; tual property rights that is entered into by (i) requiring that government laws, rules,
(v) unreasonable or discriminatory licens- the United States reflects a standard of pro- and administrative and judicial decisions be
ing requirements; and tection similar to that found in United published and made available to the public
(vi) similar government acts, measures, or States law. so that governments, businesses and the pub-
policies affecting the sale, offering for sale, (B) To provide strong protection for new lic have adequate notice of them;
purchase, transportation, distribution, or and emerging technologies and new methods (ii) requiring adequate notice before new
use of goods that have the effect of restrict- of transmitting and distributing products rules are promulgated or existing rules
ing access of goods to a foreign market. embodying intellectual property. amended;
(4) DISPUTE SETTLEMENT.—The principal (C) To prevent or eliminate discrimination (iii) encouraging governments to open
negotiating objectives of the United States with respect to matters affecting the avail- rulemaking to public comment;
with respect to dispute settlement are the ability, acquisition, scope, maintenance, use, (iv) establishing that any administrative
following: and enforcement of intellectual property proceeding by any FTAA member relating to
(A) To provide for a single effective and ex- rights. any of the FTAA agreements and applied to
peditious dispute settlement mechanism and (D) To ensure that standards of protection the persons, goods, or services of any other
set of procedures that applies to all FTAA and enforcement keep pace with techno- FTAA member shall be conducted in a man-
agreements. logical developments, including ensuring ner that—
(B) To ensure that dispute settlement that rightholders have the legal and techno- (I) gives persons of any other FTAA mem-
mechanisms enable effective enforcement of logical means to control the use of their ber affected by the proceeding reasonable no-
the rights of the United States, including by works through the Internet and other global tice, in accordance with domestic proce-
providing, in all contexts, for the use of all communication media, and to prevent the dures, of when the proceeding is initiated, in-
remedies that are demonstrably effective to unauthorized use of their works. cluding a description of the nature of the
promote prompt and full compliance with (E) To provide strong enforcement of intel- proceeding, a statement of the legal author-
the decision of a dispute settlement panel. lectual property rights, including through ity under which the proceeding is initiated,
(C) To provide rules that promote coopera- accessible, expeditious, and effective civil, and a general description of any issues in
tion by the governments of FTAA members administrative, and criminal enforcement controversy;
in producing evidence in connection with mechanisms. (II) gives such persons a reasonable oppor-
dispute settlement proceedings, including (F) To secure fair, equitable and non- tunity to present facts and arguments in
copies of laws, regulations, and other meas- discriminatory market access opportunities support of their positions prior to any final
ures that are the subject of or are directly for United States persons that rely upon in- administrative action, when time, the nature
relevant to the dispute, other than evidence tellectual property protection. of the proceeding, and the public interest
that is classified on the basis of national se- (G) To prevent misuse of reference pricing permit; and
curity, and evidence that is business con- classification systems by developed coun- (III) is in accordance with domestic law;
fidential. tries as a way to discriminate against inno- and
(D) To require that all submissions by gov- vative pharmaceutical products and innova- (v) requiring each FTAA member—
ernments to FTAA dispute panels and any tive medical devices, without challenging (I) to establish or maintain judicial, quasi-
appellate body be made available to the pub- valid reference pricing systems not used as a judicial, or administrative tribunals (impar-
lic upon submission, providing appropriate disguised restriction on trade. tial and independent of the office or author-
exceptions for only that information in- (H)(i) To ensure that FTAA members are ity entrusted with administrative enforce-
cluded in a submission that is classified on able to adopt measures necessary to protect ment) or procedures for the purpose of the
the basis of national security or that is busi- the public health and to respond to situa- prompt review and, where warranted, correc-
ness confidential. tions of national emergency or extreme ur- tion of final administrative actions regard-
(E) To require that meetings of FTAA dis- gency, including taking actions that have ing matters covered by any of the FTAA
pute panels and any appellate body with the the effect of increasing access to essential agreements;
parties to a dispute are open to other FTAA medicines and medical technologies, where (II) to ensure that, in such tribunals or
members and the public and provide for in such actions are consistent with obligations procedures, parties to the proceeding are af-
camera treatment of only those portions of a set forth in Article 31 of the TRIPs Agree- forded a reasonable opportunity to support
proceeding dealing with evidence that is ment. or defend their respective positions; and
classified on the basis of national security or (ii) In situations involving infectious dis- (III) to ensure that such tribunals or proce-
that is business confidential. eases, to encourage FTAA members that dures issue decisions based on the evidence
(F) To require that transcripts of pro- take actions described under clause (i) to and submissions of record or, where required
ceedings of FTAA dispute panels and any ap- also implement policies— by domestic law, the record compiled by the
pellate body be made available to the public (I) to address the underlying causes neces- office or authority entrusted with adminis-
promptly, providing appropriate exceptions sitating the actions, including, in the case of trative enforcement.
for only that information included in the infectious diseases, encouraging practices (B) To require the institution of regular
transcripts that is classified on the basis of that will prevent further transmission and meetings between officials of an FTAA secre-
national security or that is business con- infection; tariat, if established, and representatives of
fidential. (II) to take steps to stimulate the develop- nongovernmental organizations, businesses
(G) To establish rules allowing for the sub- ment of the infrastructure necessary to de- and business groups, labor unions, consumer
mission of amicus curiae briefs to FTAA dis- liver adequate health care services, includ- groups, and other representatives of civil so-
pute panels and any appellate body, and to ing the essential medicines and medical ciety.
require that such briefs be made available to technologies at issue; (C) To continue to maintain, expand, and
the public, providing appropriate exceptions (III) to ensure the safety and efficacy of update an official FTAA website in order to
for only that information included in the the essential medicines and medical tech- disseminate a wide range of information on
briefs that is classified on the basis of na- nologies involved; and the FTAA, including the draft texts of the
tional security or that is business confiden- (IV) to make reasonable efforts to address agreements negotiated pursuant to the
tial. the problems of supply of the essential medi- FTAA, the final text of such agreements,
(H) To pursue rules protecting against con- cines and medical technologies involved tariff information, regional trade statistics,
flicts of interest by members of FTAA dis- (other than by compulsory licensing). and links to websites of FTAA member coun-
pute panels and any appellate body, and pro- (iii) To encourage FTAA members and the tries that provide further information on
moting the selection of members for such private sectors in their countries to work government regulations, procedures, and re-
panels and appellate body with the skills and with the United Nations, the World Health lated matters.
time necessary to decide increasingly com- Organization, the Inter-American Develop- (7) GOVERNMENT PROCUREMENT.—The prin-
plex cases. ment Bank, the Organization of American cipal negotiating objectives for the United
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9035
States with respect to government procure- (ii) includes commitments by FTAA mem- (F) To create exceptions from obligations
ment are the following: bers to provide market access incentives for under the FTAA agreements for—
(A) To seek the acceptance by all FTAA the least-developed FTAA members to im- (i) measures taken to provide effective pro-
members of the Agreement on Government prove adherence to and enforcement of the tection of human, animal, or plant life or
Procurement. core labor standards identified in subpara- health;
(B) To seek conclusion of an agreement on graph (A), and to meet their schedule for (ii) measures taken to conserve exhaust-
transparency in government procurement. phased-in compliance on or ahead of sched- ible natural resources if such measures are
(C) To promote global use of electronic ule. made effective in conjunction with restric-
publication of procurement information, in- (E) To provide for regular review of adher- tions on domestic production or consump-
cluding notices of procurement opportuni- ence to core labor standards. tion; and
ties. (F) To create exceptions from the obliga- (iii) measures taken that are in accordance
(8) TRADE REMEDY LAWS.—The principal ne- tions under the FTAA agreements for— with obligations under any multilateral en-
gotiating objectives for the United States (i) products produced by prison labor or vironmental agreement accepted by both
with respect to trade remedy laws are the slave labor, and products produced by child parties to a dispute.
following: labor proscribed by Convention 182 of the (G) To give priority to trade liberalization
(A) To preserve the ability of the United ILO; and measures that promote sustainable develop-
States to enforce vigorously its trade laws, (ii) actions taken consistent with, and in ment, including eliminating duties on envi-
including the antidumping, countervailing furtherance of, recommendations made by ronmental goods, and obtaining commit-
the ILO. ments on environmental services.
duty, and safeguard laws, and not enter into
(10) TRADE AND THE ENVIRONMENT.—The (11) INSTITUTION BUILDING.—The principal
agreements that lessen in any respect the ef-
principal negotiating objectives of the negotiating objectives of the United States
fectiveness of domestic and international
United States with respect to trade and the with respect to institution building are the
disciplines—
environment are the following: following:
(i) on unfair trade, especially dumping and
(A) To obtain rules that provide for the en- (A) To improve coordination between the
subsidies, or
forcement of environmental laws and regula- FTAA and other international organizations
(ii) that address import increases or
tions relating to— such as the Organization of American States,
surges, such as under the safeguard remedy, (i) the prevention, abatement, or control of the ILO, the United Nations Environment
in order to ensure that United States work- the release, discharge, or emission of pollut- Program, and the Inter-American Develop-
ers, farmers and agricultural producers, and ants or environmental contaminants; ment Bank to increase the effectiveness of
firms can compete fully on fair terms and (ii) the control of environmentally haz- technical assistance programs.
enjoy the benefits of reciprocal trade conces- ardous or toxic chemicals, substances, mate- (B) To ensure that the agreements entered
sions. rials and wastes, and the dissemination of in- into under the FTAA provide for technical
(B) To eliminate the underlying causes of formation related thereto; and assistance to developing and, in particular,
unfair trade practices and import surges, in- (iii) the protection of wild flora or fauna, least-developed countries that are members
cluding closed markets, subsidization, pro- including endangered species, their habitats, of the FTAA to promote the rule of law, en-
moting, enabling, or tolerating anticompeti- and specially protected natural areas, in the able them to comply with their obligations
tive practices, and other forms of govern- territory of FTAA member countries. under the FTAA agreements, and minimize
ment intervention that generate or sustain (B) To establish as the trigger for invoking disruptions associated with trade liberaliza-
excess, uneconomic capacity. the dispute settlement process— tion.
(9) TRADE AND LABOR MARKET STANDARDS.— (i) an FTAA member’s failure to effec- (12) TRADE AND INVESTMENT.—The principal
The principal negotiating objectives of the tively enforce such laws and regulations negotiating objectives of the United States
United States with respect to trade and through a sustained or recurring course of with respect to trade and investment are the
labor market standards are the following: action or inaction, in a manner affecting following:
(A) To include enforceable rules that pro- trade or investment, or (A) To reduce or eliminate artificial or
vide for the adoption and enforcement of the (ii) an FTAA member’s waiver or other trade-distorting barriers to foreign invest-
following core labor standards: the right of derogation from its domestic environmental ment by United States persons and, recog-
association, the right to bargain collec- laws and regulations, for the purpose of at- nizing that United States law on the whole
tively, and prohibitions on employment dis- tracting investment, inhibiting exports by provides a high level of protection for invest-
crimination, child labor, and slave labor. other FTAA members, or otherwise gaining a ments, consistent with or greater than the
(B) To establish as the trigger for invoking competitive advantage, level required by international law, to secure
the dispute settlement process with respect recognizing that— for investors the rights that would be avail-
to the obligations under subparagraph (A)— (I) FTAA members retain the right to exer- able under United States law, but no greater
(i) an FTAA member’s failure to effec- cise discretion with respect to investigatory, rights, by—
tively enforce its domestic labor standards prosecutorial, regulatory, and compliance (i) ensuring national and most-favored na-
through a sustained or recurring course of matters and to make decisions regarding the tion treatment for United States investors
action or inaction, in a manner affecting allocation of resources to enforcement with and investments;
trade or investment; or respect to other environmental matters de- (ii) freeing the transfer of funds relating to
(ii) an FTAA member’s waiver or other termined to have higher priorities; and investments;
derogation from its domestic labor standards (II) FTAA members retain the right to es- (iii) reducing or eliminating performance
for the purpose of attracting investment, in- tablish their own levels of domestic environ- requirements, forced technology transfers,
hibiting exports by other FTAA members, or mental protection and environmental devel- and other unreasonable barriers to the estab-
otherwise gaining a competitive advantage, opment policies and priorities, and to adopt lishment and operation of investments;
recognizing that— or modify accordingly environmental poli- (iv) establishing standards for expropria-
(I) FTAA members retain the right to exer- cies, laws, and regulations. tion and compensation for expropriation,
cise discretion with respect to investigatory, (C) To provide for phased-in compliance for consistent with United States legal prin-
prosecutorial, regulatory, and compliance least-developed countries, comparable to ciples and practice, including by clarifying
matters and to make decisions regarding the mechanisms utilized in other FTAA agree- that expropriation does not arise in cases of
allocation of resources to enforcement with ments. mere diminution in value;
respect to other labor matters determined to (D) To create an FTAA work program (v) codifying the clarifications made on
have higher priorities; and that— July 31, 2001, by the Free Trade Commission
(II) FTAA members retain the right to es- (i) will provide guidance and technical as- established under Article 2001 of the NAFTA
tablish their own domestic labor standards, sistance to FTAA members in supplementing with respect to the minimum standard of
and to adopt or modify accordingly labor and strengthening their environmental laws treatment under Article 1105 of the NAFTA
policies, laws, and regulations, in a manner and regulations based on— such that—
consistent with the core labor standards (I) the standards in existing international (I) any provisions included in an invest-
identified in subparagraph (A). agreements that provide adequate protec- ment agreement setting forth a minimum
(C) To provide for phased-in compliance for tion; or standard of treatment prescribe only that
least-developed countries comparable to (II) the standards in the laws of other level of treatment required by customary
mechanisms utilized in other FTAA agree- FTAA members if the standards in inter- international law; and
ments. national agreements standards are inad- (II) a determination that there has been a
(D) To create an FTAA work program equate or do not exist; and breach of another provision of the FTAA, or
that— (ii) includes commitments by FTAA mem- of a separate international agreement, does
(i) will provide guidance and technical as- bers to provide market access incentives for not establish that there has been a breach of
sistance to FTAA members in supplementing the least-developed FTAA members to the minimum standard of treatment;
and strengthening their labor laws and regu- strengthen environmental laws and regula- (vi) ensuring, through clarifications, pre-
lations, including, in particular, laws and tions. sumptions, exceptions, or other means in the
regulations relating to the core labor stand- (E) To provide for regular review of adher- text of the agreement, that the investor pro-
ards identified in subparagraph (A); and ence to environmental laws and regulations. tections do not interfere with an FTAA
H9036 CONGRESSIONAL RECORD — HOUSE December 6, 2001
member’s exercise of its police powers under (A) To enter into trade agreements that (e) DOMESTIC OBJECTIVES.—In pursuing the
its local, State, and national laws (for exam- promote the economic growth of both devel- negotiating objectives under subsections (a)
ple legitimate health, safety, environmental, oping countries and the United States and through (d), United States negotiators shall
consumer, and employment opportunity laws the mutual expansion of market opportuni- take into account legitimate United States
and regulations), including by a clarification ties. domestic (including State and local) objec-
that the standards in an agreement do not (B) To ensure appropriate phase-in periods tives, including, but not limited to, the pro-
require use of the least trade restrictive reg- with respect to the obligations of least-de- tection of health and safety, essential secu-
ulatory alternative; veloped countries. rity, environmental, consumer, and employ-
(vii) providing an exception for actions (C) To coordinate with the Organization of ment opportunity interests and the laws and
taken in accordance with obligations under a American States, the Inter-American Devel- regulations related thereto.
multilateral environmental agreement opment Bank, and other regional and inter-
agreed to by both countries involved in the national institutions to provide debt relief SEC. 3. CONGRESSIONAL TRADE ADVISERS.
dispute; and other assistance to promote the rule of Section 161(a)(1) of the Trade Act of 1974 (19
(viii) providing meaningful procedures for law and sound and sustainable development. U.S.C. 2211(a)(1)) is amended to read as fol-
resolving investment disputes; (D) To accelerate tariff reductions that lows:
(ix) ensuring that— benefit least-developed countries. ‘‘(1) At the beginning of each regular ses-
(I) no claim by an investor directly against (15) TRADE AND MONETARY COORDINATION.— sion of Congress—
a state may be brought unless the investor The principal negotiating objective of the ‘‘(A) the Speaker of the House of Rep-
first submits the claim for approval to the United States with respect to trade and mon- resentatives shall—
home government of the investor; etary coordination is to foster stability in ‘‘(i) upon the recommendation of the chair-
(II) such approval is granted for each claim international currency markets and develop man and ranking member of the Committee
which the investor demonstrates is meri- mechanisms to assure greater coordination, on Ways and Means, select 5 members (not
torious; consistency, and cooperation between inter- more than 3 of whom are members of the
(III) such approval is considered granted if national trade and monetary systems and in- same political party) of such committee,
the investor’s home government has not stitutions in order to protect against the ‘‘(ii) upon the recommendation of the
acted upon the submission within a defined trade consequences of significant and unan- chairman and ranking member of the Com-
reasonable period of time; and ticipated currency movements. mittee on Agriculture, select 2 members
(IV) each FTAA member establishes or des- (16) ACCESS TO HIGH TECHNOLOGY.—The (from different political parties) of such
ignates an independent decisionmaker to de- principal negotiating objectives of the committee, and
termine whether the standard for approval United States with respect to access to high ‘‘(iii) upon the recommendation of the ma-
has been satisfied; and technology are the following: jority leader and minority leader of the
(x) providing a standing appellate mecha- (A) To obtain the elimination or reduction House of Representatives, select 2 members
nism to correct erroneous interpretations of of foreign barriers to, and of acts, policies, or of the House of Representatives (from dif-
law. practices by foreign governments that limit, ferent political parties), and
(B) To ensure the fullest measure of trans- equitable access by United States persons to ‘‘(B) the President pro tempore of the Sen-
parency in the dispute settlement mecha- foreign-developed technology.
ate shall—
nism established, by— (B) To seek the elimination of tariffs on all
‘‘(i) upon the recommendation of the chair-
(i) ensuring that all requests for dispute information technology products, infrastruc-
man and ranking member of the Committee
settlement are promptly made public, to the ture equipment, scientific instruments, and
on Finance, select 5 members (not more than
extent consistent with the need to protect medical equipment.
3 of whom are members of the same political
information that is classified or business (C) To pursue the reduction of foreign bar-
party) of such committee,
confidential; riers to high technology products of the
‘‘(ii) upon the recommendation of the
(ii) ensuring that— United States.
chairman and ranking member of the Com-
(I) all proceedings, submissions, findings, (D) To enforce and promote the Agreement
mittee on Agriculture, Nutrition, and For-
and decisions, are promptly made public; and on Technical Barriers to Trade, and ensure
estry, select 2 members (from different polit-
(II) all hearings are open to the public, to that standards, conformity assessment, and
the extent consistent with need to protect technical regulations are not used as obsta- ical parties) of such committee, and
information that is classified or business cles to trade in information technology and ‘‘(iii) upon the recommendation of the ma-
confidential; and communications products. jority leader and minority leader of the Sen-
(iii) establishing a mechanism for accept- (E) To require all parties to sign the Infor- ate, select 2 members of the Senate (from
ance of amicus curiae submissions from busi- mation Technology Agreement of the WTO different political parties),
nesses, unions, and nongovernmental organi- and to expand and update product coverage who shall be designated congressional advis-
zations. under such agreement. ers on trade policy and negotiations. They
(13) ELECTRONIC COMMERCE.—The principal (17) CORRUPTION.—The principal negoti- shall provide advice on the development of
negotiating objectives of the United States ating objectives of the United States with re- trade policy and priorities for the implemen-
with respect to electronic commerce are the spect to the use of money or other things of tation thereof. They shall also be accredited
following: value to influence acts, decisions, or omis- by the United States Trade Representative
(A) To make permanent and binding on sions of foreign governments or officials or on behalf of the President as official advisers
FTAA members the moratorium on customs to secure any improper advantage are— to the United States delegations to inter-
duties on electronic transmissions declared (A) to obtain standards applicable to per- national conferences, meetings, dispute set-
in the WTO Ministerial Declaration of May sons from all FTAA member countries that tlement proceedings, and negotiating ses-
20, 1998. are equivalent to, or more restrictive than, sions relating to trade agreements.’’.
(B) To ensure that governments refrain the prohibitions applicable to issuers, do- SEC. 4. TRADE AGREEMENTS AUTHORITY.
from implementing trade-related measures mestic concerns, and other persons under
that impede electronic commerce. section 30A of the Securities and Exchange (a) AGREEMENTS REGARDING TARIFF BAR-
(C) To ensure that electronically delivered Act of 1934 and sections 104 and 104A of the RIERS.—
goods and services receive no less favorable Foreign Corrupt Practices Act of 1977; and (1) IN GENERAL.—Whenever the President
treatment under trade rules and commit- (B) to implement mechanisms to ensure ef- determines that one or more existing duties
ments than like products delivered in phys- fective enforcement of the standards de- or other import restrictions of any foreign
ical form. scribed in subparagraph (A). country or the United States are unduly bur-
(D) To ensure that the classification of (d) BILATERAL AGREEMENTS.— dening and restricting the foreign trade of
electronically delivered goods and services (1) PRINCIPAL NEGOTIATING OBJECTIVES.— the United States and that the purposes,
ensures the most liberal trade treatment The principal negotiating objectives of the policies, and objectives of this Act will be
possible. United States in seeking bilateral trade promoted thereby, the President—
(E) Where legitimate policy objectives re- agreements are those objectives set forth in (A) may enter into trade agreements with
quire domestic regulations that affect elec- subsection (c), except that in applying such foreign countries before—
tronic commerce, to obtain commitments subsection, any references to the FTAA or (i) the date that is 5 years after the date of
that any such regulations are nondiscrim- FTAA member countries shall be deemed to the enactment of this Act, or
inatory, transparent, and promote an open refer to the bilateral agreement, or party to (ii) the date that is 7 years after such date
market environment. the bilateral agreement, respectively. of enactment, if fast track procedures are ex-
(F) To pursue a regulatory environment (2) ADHERENCE TO OBLIGATIONS UNDER URU- tended under subsection (c), and
that encourages competition in basic tele- GUAY ROUND AGREEMENTS.—In determining (B) may, subject to paragraphs (2) and (3),
communications services abroad, so as to fa- whether to enter into negotiations with a proclaim—
cilitate the conduct of electronic commerce. particular country, the President shall take (i) such modification or continuance of any
(14) DEVELOPING COUNTRIES.—The principal into account the extent to which that coun- existing duty,
negotiating objectives of the United States try has implemented, or has accelerated the (ii) such continuance of existing duty-free
with respect to developing countries are the implementation of, its obligations under the or excise treatment, or
following: Uruguay Round Agreements. (iii) such additional duties,
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9037
as the President determines to be required or (i) one or more existing duties or any other (2) REPORT TO CONGRESS BY THE PRESI-
appropriate to carry out any such trade import restriction of any foreign country or DENT.—If the President is of the opinion that
agreement. the United States or any other barrier to, or the fast track procedures should be extended
The President shall notify the Congress of other distortion of, international trade un- to implementing bills to carry out trade
the President’s intention to enter into an duly burdens or restricts the foreign trade of agreements under subsection (b), the Presi-
agreement under this subsection. the United States or adversely affects the dent shall submit to the Congress, not later
(2) LIMITATIONS.—No proclamation may be United States economy, or than 3 months before the expiration of the 5-
made under paragraph (1) that— (ii) the imposition of any such barrier or year period specified in paragraph (1)(A), a
(A) reduces any rate of duty (other than a distortion is likely to result in such a bur- written report that contains a request for
rate of duty that does not exceed 5 percent den, restriction, or effect, such extension, together with—
ad valorem on the date of the enactment of and that the purposes, policies, and objec- (A) a description of all trade agreements
this Act) to a rate of duty which is less than tives of this Act will be promoted thereby, that have been negotiated under subsection
50 percent of the rate of such duty that ap- the President may enter into a trade agree- (b) and the anticipated schedule for submit-
plies on such date of enactment; or ment described in subparagraph (B) during ting such agreements to the Congress for ap-
(B) increases any rate of duty above the the period described in subparagraph (C). proval;
rate that applied on such date of enactment. (B) The President may enter into a trade (B) a description of the progress that has
agreement under subparagraph (A) with for- been made in negotiations to achieve the
(3) AGGREGATE REDUCTION; EXEMPTION FROM
eign countries providing for— purposes, policies, and objectives of this Act,
STAGING.—
(i) the reduction or elimination of a duty, and a statement that such progress justifies
(A) AGGREGATE REDUCTION.—Except as pro-
restriction, barrier, or other distortion de- the continuation of negotiations; and
vided in subparagraph (B), the aggregate re-
scribed in subparagraph (A), or (C) a statement of the reasons why the ex-
duction in the rate of duty on any article
(ii) the prohibition of, or limitation on the tension is needed to complete the negotia-
which is in effect on any day pursuant to a
imposition of, such barrier or other distor- tions.
trade agreement entered into under para-
tion. (3) REPORT TO CONGRESS BY THE ADVISORY
graph (1) shall not exceed the aggregate re-
(C) The President may enter into a trade COMMITTEE.—The President shall promptly
duction which would have been in effect on
agreement under this paragraph before— inform the Advisory Committee for Trade
such day if— Policy and Negotiations established under
(i) a reduction of 3 percent ad valorem or a (i) the date that is 5 years after the date of
the enactment of this Act, or section 135 of the Trade Act of 1974 (19 U.S.C.
reduction of one-tenth of the total reduction, 2155) of the President’s decision to submit a
whichever is greater, had taken effect on the (ii) the date that is 7 years after such date
of enactment, if fast track procedures are ex- report to the Congress under paragraph (2).
effective date of the first reduction pro- The Advisory Committee shall submit to the
claimed under paragraph (1) to carry out tended under subsection (c).
(2) CONDITIONS.—A trade agreement may be Congress as soon as practicable, but not
such agreement with respect to such article; later than 2 months before the expiration of
and entered into under this subsection only if
such agreement substantially achieves the the 5-year period specified in paragraph
(ii) a reduction equal to the amount appli- (1)(A), a written report that contains—
cable under clause (i) had taken effect at 1- applicable objectives described in section 2
and the conditions set forth in sections 5, 6, (A) its views regarding the progress that
year intervals after the effective date of such has been made in negotiations to achieve the
and 7 are met.
first reduction. purposes, policies, and objectives of this Act;
(3) BILLS QUALIFYING FOR FAST TRACK PRO-
(B) EXEMPTION FROM STAGING.—No staging and
CEDURES.—(A) The provisions of section 151
is required under subparagraph (A) with re- (B) a statement of its views, and the rea-
of the Trade Act of 1974 (in this Act referred
spect to a duty reduction that is proclaimed sons therefor, regarding whether the exten-
to as ‘‘fast track procedures’’) apply to a bill
under paragraph (1) for an article of a kind sion requested under paragraph (2) should be
of either House of Congress which contains
that is not produced in the United States. approved or disapproved.
provisions described in subparagraph (B) to
The United States International Trade Com- (4) REPORT TO CONGRESS BY CONGRESSIONAL
the same extent as such section 151 applies
mission shall advise the President of the TRADE ADVISERS.—The President shall
to implementing bills under that section. A
identity of articles that may be exempted bill to which this paragraph applies shall promptly inform the congressional trade ad-
from staging under this subparagraph. hereafter in this Act be referred to as an visers of the President’s decision to submit a
(4) ROUNDING.—If the President determines ‘‘implementing bill’’. report to the Congress under paragraph (2).
that such action will simplify the computa- (B) The provisions referred to in subpara- The congressional trade advisers shall sub-
tion of reductions under paragraph (3), the graph (A) are— mit to the Congress as soon as practicable,
President may round an annual reduction by (i) a provision approving a trade agreement but not later than 2 months before the expi-
an amount equal to the lesser of— entered into under this subsection and ap- ration of the 5-year period specified in para-
(A) the difference between the reduction proving the statement of administrative ac- graph (1)(A), a written report that contains—
without regard to this paragraph and the tion, if any, proposed to implement such (A) its views regarding the progress that
next lower whole number; or trade agreement; has been made in negotiations to achieve the
(B) one-half of 1 percent ad valorem. (ii) if changes in existing laws or new stat- purposes, policies, and objectives of this Act;
(5) OTHER LIMITATIONS.—A rate of duty re- utory authority are required to implement and
duction that may not be proclaimed by rea- such trade agreement, provisions, necessary (B) a statement of their views, and the rea-
son of paragraph (2) may take effect only if or appropriate to implement such trade sons therefor, regarding whether the exten-
a provision authorizing such reduction is in- agreement or agreements, either repealing sion requested under paragraph (2) should be
cluded within an implementing bill provided or amending existing laws or providing new approved or disapproved.
for under section 7 and that bill is enacted statutory authority; and (5) REPORTS MAY BE CLASSIFIED.—The re-
into law. (iii) provisions to provide trade adjustment ports under paragraphs (2) and (3), or any
(6) OTHER TARIFF MODIFICATIONS.—Notwith- assistance to workers, firms, and commu- portion of such reports, may be classified to
standing paragraphs (1)(B) and (2) through nities. the extent the President determines appro-
(5), and subject to the consultation and lay- (c) EXTENSION DISAPPROVAL PROCESS FOR priate, and the report under paragraph (4), or
over requirements of section 115 of the Uru- CONGRESSIONAL FAST TRACK PROCEDURES.— any portion thereof, may be classified.
guay Round Agreements Act, the President (1) IN GENERAL.—Except as provided in sec- (6) EXTENSION DISAPPROVAL RESOLUTIONS.—
may proclaim the modification of any duty tion 5(c), 6(c), and 7(b)— (A) For purposes of paragraph (1), the term
or staged rate reduction of any duty set (A) the fast track procedures apply to im- ‘‘extension disapproval resolution’’ means a
forth in Schedule XX, as defined in section plementing bills submitted with respect to resolution of either House of the Congress,
2(5) of that Act, if the United States agrees trade agreements entered into under sub- the sole matter after the resolving clause of
to such modification or staged rate reduc- section (b) before the date that is 5 years which is as follows: ‘‘That the ll dis-
tion in a negotiation for the reciprocal after the date of the enactment of this Act; approves the request of the President for the
elimination or harmonization of duties under and extension, under section 4(c)(1)(B)(i) of the
the auspices of the World Trade Organization (B) the fast track procedures shall be ex- Comprehensive Trade Negotiating Authority
or as part of an interim agreement leading to tended to implementing bills submitted with Act of 2001, of the fast track procedures
the formation of a regional free-trade area. respect to trade agreements entered into under that Act to any implementing bill sub-
(7) AUTHORITY UNDER URUGUAY ROUND under subsection (b) on or after the date mitted with respect to any trade agreement
AGREEMENTS ACT NOT AFFECTED.—Nothing in specified in subparagraph (A) and before the entered into under section 4(b) of that Act
this subsection shall limit the authority pro- date that is 7 years after the date of such en- after the date that is 5 years after the date
vided to the President under section 111(b) of actment if (and only if)— of the enactment of that Act.’’, with the
the Uruguay Round Agreements Act (19 (i) the President requests such extension blank space being filled with the name of the
U.S.C. 3521(b)). under paragraph (2); and resolving House of the Congress.
(b) AGREEMENTS REGARDING TARIFF AND (ii) neither House of the Congress adopts (B) Extension disapproval resolutions—
NONTARIFF BARRIERS.— an extension disapproval resolution under (i) may be introduced in either House of
(1) IN GENERAL.—(A) Whenever the Presi- paragraph (6) before the date specified in the Congress by any member of such House;
dent determines that— subparagraph (A). and
H9038 CONGRESSIONAL RECORD — HOUSE December 6, 2001
(ii) shall be referred, in the House of Rep- (c) NOTICE OF INITIATION; DISAPPROVAL RES- ducted under this Act, the Trade Representa-
resentatives, to the Committee on Ways and OLUTIONS.— tive shall—
Means and, in addition, to the Committee on (1) NOTICE.—The President shall— (1) consult closely and on a timely basis
Rules. (A) provide, at least 90 calendar days be- with, and keep fully apprised of the negotia-
(C) The provisions of section 152 (d) and (e) fore initiating the proposed negotiations, tions, the congressional trade advisers, the
of the Trade Act of 1974 (19 U.S.C. 2192 (d) and written notice to the Congress of the Presi- Committee on Ways and Means of the House
(e)) (relating to the floor consideration of dent’s intention to enter into the negotia- of Representatives, and the Committee on
certain resolutions in the House and Senate) tions and set forth therein the date the Finance of the Senate;
apply to extension disapproval resolutions. President intends to initiate such negotia- (2) with respect to any negotiations and
(D) It is not in order for— tions, the specific negotiating objectives to agreement relating to agriculture, also con-
(i) the Senate to consider any extension be pursued in the negotiations, and whether sult closely and on a timely basis with, and
disapproval resolution not reported by the the President intends to seek an agreement keep fully apprised of the negotiations, the
Committee on Finance; or changes to an existing agreement; and Committee on Agriculture of the House of
(ii) the House of Representatives to con- (B) before and after submission of the no- Representatives and the Committee on Agri-
sider any extension disapproval resolution tice, consult regarding the negotiations with culture, Nutrition, and Forestry of the Sen-
not reported by the Committee on Ways and the Committee on Finance of the Senate and ate; and
Means and, in addition, by the Committee on the Committee on Ways and Means of the (3) consult closely and on a timely basis
Rules; or House of Representatives, the congressional with other appropriate committees of Con-
(iii) either House of the Congress to con- trade advisers, and such other committees of gress.
sider an extension disapproval resolution the House of Representatives and the Senate (b) GUIDELINES FOR CONSULTATIONS.—
after the date that is 5 years after the date as the President deems appropriate. (1) GUIDELINES.—The Trade Representa-
of the enactment of this Act. (2) RESOLUTIONS DISAPPROVING INITIATION tive, in consultation with the chairmen and
SEC. 5. COMMENCEMENT OF NEGOTIATIONS. OF NEGOTIATIONS.— ranking minority members of the Committee
(A) INAPPLICABILITY OF FAST TRACK PROCE- on Ways and Means of the House of Rep-
(a) IN GENERAL.—In order to contribute to
DURES TO AGREEMENTS OF WHICH CERTAIN NO- resentatives, the Committee on Finance of
the continued economic expansion of the
TICE GIVEN.—Fast track procedures shall not the Senate, and the congressional trade ad-
United States and to benefit United States
apply to any implementing bill submitted visers—
workers, farmers, and businesses, the Presi-
with respect to a trade agreement entered (A) shall, within 120 days after the date of
dent shall commence negotiations covering the enactment of this Act, develop written
into under section 4(b) pursuant to negotia-
tariff and nontariff barriers affecting any in- guidelines to facilitate the useful and timely
tions with 2 or more countries of which no-
dustry, product, or service sector, in cases exchange of information between the Trade
tice is given under paragraph (1)(A) if, during
where the President determines that such Representative, the committees referred to
the 90-day period referred to in that sub-
negotiations are feasible and timely and in subsection (a), and the congressional trade
section, each House of Congress agrees to a
would benefit the United States. The Presi- advisers; and
disapproval resolution described in subpara-
dent shall commence negotiations— graph (B) with respect to the negotiations. (B) may make such revisions to the guide-
(1) to expand existing sectoral agreements (B) DISAPPROVAL RESOLUTIONS.—For pur- lines as may be necessary from time to time.
to countries that are not parties to those poses of this paragraph, the term ‘‘dis- (2) CONTENT.—The guidelines developed
agreements; and approval resolution’’ means a resolution of under paragraph (1) shall provide for, among
(2) to promote growth, open global mar- either House of Congress, the sole matter other things—
kets, and raise standards of living in the after the resolving clause of which is as fol- (A) regular, detailed briefings of each com-
United States and other countries and pro- lows: ‘‘That the ll disapproves the negotia- mittee referred to in subsection (a) and the
mote sustainable development. tions of which the President notified the congressional trade advisers regarding nego-
Such sectors include agriculture, commer- Congress on ll, under section 5(c)(1) of the tiating objectives and positions and the sta-
cial services, intellectual property rights, in- Comprehensive Trade Negotiating Authority tus of negotiations, with more frequent
dustrial and capital goods, government pro- Act of 2001 and, therefore, the fast track pro- briefings as trade negotiations enter the
curement, information technology products, cedures under that Act shall not apply to final stages;
environmental technology and services, med- any implementing bill submitted with re- (B) access by members of each such com-
ical equipment and services, civil aircraft, spect to any trade agreement entered into mittee, the congressional trade advisers, and
and infrastructure products. pursuant to those negotiations.’’, with the staff with proper security clearances, to per-
(b) CONSULTATION REGARDING NEGOTIATING first blank space being filled with the name tinent documents relating to negotiations,
OBJECTIVES.—With respect to any negotia- of the resolving House of Congress, and the including classified materials; and
tions for a trade agreement under section second blank space being filled with the ap- (C) the closest practicable coordination be-
4(b), the following shall apply: propriate date. tween the Trade Representative, each such
(1) The President shall, in developing strat- (3) PROCEDURES FOR CONSIDERING RESOLU- committee, and the congressional trade ad-
egies for pursuing negotiating objectives set TIONS.—(A) Disapproval resolutions to which visers at all critical periods during negotia-
forth in section 2 and other relevant negoti- paragraph (2) applies— tions, including at negotiation sites.
ating objectives to be pursued in negotia- (i) in the House of Representatives— (c) DISAPPROVAL RESOLUTIONS WITH RE-
tions, consult with— (I) shall be referred to the Committee on SPECT TO ONGOING NEGOTIATIONS.—
(A) the Committee on Ways and Means of Ways and Means and, in addition, to the (1) NEGOTIATIONS OF WHICH NOTICE GIVEN.—
the House of Representatives and the Com- Committee on Rules; and Fast track procedures shall not apply to any
mittee on Finance of the Senate; (II) may not be amended by either Com- implementing bill submitted with respect to
(B) the congressional trade advisers; and mittee; and a trade agreement entered into under section
(C) other appropriate committees of Con- (ii) in the Senate shall be referred to the 4(b) pursuant to negotiations of which notice
gress. Committee on Finance. is given under section 5(c)(1) if, at any time
(2) The President shall assess whether (B) The provisions of section 152 (c), (d), after the end of the 90-day period referred to
United States tariffs on agricultural prod- and (e) of the Trade Act of 1974 (19 U.S.C. 2192 in section 5(c)((1), during the 120-day period
ucts that were bound under the Uruguay (c), (d), and (e)) (relating to the consider- beginning on the date that one House of Con-
Round Agreements are lower than the tariffs ation of certain resolutions in the House and gress agrees to a disapproval resolution de-
bound by the country or countries with Senate) apply to any disapproval resolution scribed in paragraph (3)(A) disapproving the
which the negotiations will be conducted. In to which paragraph (2) applies. In applying negotiations, the other House separately
addition, the President shall consider wheth- section 152(c)(1) of the Trade Act of 1974, all agrees to a disapproval resolution described
er the tariff levels bound and applied calendar days shall be counted. in paragraph (3)(A) disapproving those nego-
throughout the world with respect to im- (C) It is not in order for— tiations. The disapproval resolutions of the
ports from the United States are higher than (i) the Senate to consider any joint resolu- two Houses need not be in agreement with
United States tariffs and whether the nego- tion unless it has been reported by the Com- respect to disapproving any other negotia-
tiation provides an opportunity to address mittee on Finance or the committee has tions.
any such disparity. The President shall con- been discharged pursuant to subparagraph (2) PRIOR NEGOTIATIONS.—Fast track proce-
sult with the Committee on Ways and Means (B); or dures shall not apply to any implementing
and the Committee on Agriculture of the (ii) the House of Representatives to con- bill submitted with respect to a trade agree-
House of Representatives and the Committee sider any joint resolution unless it has been ment to which section 8(a) applies if, during
on Finance and the Committee on Agri- reported by the Committee on Ways and the 120-day period beginning on the date that
culture, Nutrition, and Forestry of the Sen- Means or the committee has been discharged one House of Congress agrees to a dis-
ate concerning the results of the assessment, pursuant to subparagraph (B). approval resolution described in paragraph
whether it is appropriate for the United SEC. 6. CONGRESSIONAL PARTICIPATION DUR- (3)(B) disapproving the negotiations for that
States to agree to further tariff reductions ING NEGOTIATIONS. agreement, the other House separately
based on the conclusions reached in the as- (a) CONSULTATIONS WITH CONGRESSIONAL agrees to a disapproval resolution described
sessment, and how all applicable negotiating TRADE ADVISERS AND COMMITTEES OF JURIS- in paragraph (3)(B) disapproving those nego-
objectives will be met. DICTION.—In the course of negotiations con- tiations. The disapproval resolutions of the
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9039
two Houses need not be in agreement with (B) any Saturday and Sunday, not excluded sources as are necessary to conduct the as-
respect to disapproving any other negotia- under subparagraph (A), when either House sessment required under this subsection.
tions. of Congress is not in session. (6) CONSULTATIONS WITH THE ADVISORY COM-
(3) DISAPPROVAL RESOLUTIONS.—(A) For (d) ENVIRONMENTAL ASSESSMENT.— MITTEE.—(A) Section 135(c)(1) of the Trade
purposes of paragraph (1), the term ‘‘dis- (1) INITIATION OF ASSESSMENT.—Upon the Act of 1974 (19 U.S.C. 2155(c)(1)) is amended in
approval resolution’’ means a resolution of commencement of negotiations for a trade the first sentence—
either House of Congress, the sole matter agreement under section 4(b), the Trade Rep- (i) by striking ‘‘may establish’’ and insert-
after the resolving clause of which is as fol- resentative, jointly with the Chair of the ing ‘‘shall establish’’; and
lows: ‘‘That the ll disapproves the negotia- Council on Environmental Quality, and in (ii) by inserting ‘‘environmental issues,’’
tions of which the President notified the consultation with other appropriate Federal after ‘‘defense’’.
Congress on ll, under section 5(c)(1) of the agencies, shall commence an assessment of (B) In developing measures and alter-
Comprehensive Trade Negotiating Authority the effects on the environment of the pro- natives means identified under paragraph
Act of 2001 and, therefore, the fast track pro- posed trade agreement. (2)(C), the Trade Representative and the
cedures under that Act shall not apply to (2) CONTENT.—The assessment under para- Chair of the Council on Environmental Qual-
any implementing bill submitted with re- graph (1) shall include an examination of— ity shall consult with the environmental
(A) the potential effects of the proposed general policy advisory committee estab-
spect to any trade agreement entered into
trade agreement on the environment, nat- lished pursuant to section 135(c)(1) of the
pursuant to those negotiations.’’, with the
ural resources, and public health; Trade Act of 1974 (19 U.S.C. 2155(c)(1)), as
first blank space being filled with the name
(B) the extent to which the proposed trade amended by subparagraph (A) of this para-
of the resolving House of Congress, and the
agreement may affect the laws, regulations, graph.
second blank space being filled with the ap- policies, and international agreements of the
propriate date or dates (in the case of more (7) PUBLIC PARTICIPATION.—The Trade Rep-
United States, including State and local resentative shall publish the preliminary and
than 1 set of negotiations being conducted). laws, regulations, and policies, relating to
(B) For purposes of paragraph (2), the term final environmental assessments in the Fed-
the environment, natural resources, and pub- eral Register. The Trade Representative
‘‘disapproval resolution’’ means a resolution lic health;
of either House of Congress, the sole matter shall take into account comments received
(C) measures to implement, and alter- from the public pursuant to notices pub-
after the resolving clause of which is as fol- native approaches to, the proposed trade
lows: ‘‘That the ll disapproves the negotia- lished under this subsection and shall in-
agreement that would minimize adverse ef- clude in the final assessment a discussion of
tions with respect to ll, and, therefore, the fects and maximize benefits identified under
fast track procedures under the Comprehen- the public comments reflected in the assess-
subparagraph (A); and
sive Trade Negotiating Authority Act of 2001 ment.
(D) a detailed summary of the manner in
shall not apply to any implementing bill sub- which the results of the assessment were (e) LABOR REVIEW.—
mitted with respect to any trade agreement taken into consideration in negotiation of (1) INITIATION OF REVIEW.—Upon the com-
entered into pursuant to those negotia- the proposed trade agreement, and in devel- mencement of negotiations for a trade agree-
tions.’’, with the first blank space being opment of measures and alternative means ment under section 4(b), the Trade Rep-
filled with the name of the resolving House identified under subparagraph (C). resentative, jointly with the Secretary of
of Congress, and the second blank space (3) PROCEDURES.—The Trade Representa- Labor and the Commissioners of the Inter-
being filled with a description of the applica- tive shall commence the assessment under national Trade Commission, and in consulta-
ble trade agreement or agreements. paragraph (1) by publishing notice thereof, tion with other appropriate Federal agen-
(4) PROCEDURES FOR CONSIDERING RESOLU- and a request for comments thereon, in the cies, shall commence a review of the effects
TIONS.—(A) Any disapproval resolution to Federal Register and transmitting notice on workers in the United States of the pro-
which paragraph (1) or (2) applies— thereof to the Congress. The notice shall be posed trade agreement.
(i) in the House of Representatives— given as soon as possible after sufficient in- (2) CONTENT.—The review under paragraph
(I) shall be referred to the Committee on formation exists concerning the scope of the (1) shall include an examination of—
Ways and Means and, in addition, to the proposed trade agreement, but in no case (A) the extent to which the proposed trade
Committee on Rules; and later than 30 calendar days before the appli- agreement may affect job creation, worker
(II) may not be amended by either Com- cable negotiations begin. The notice shall displacement, wages, and the standard of liv-
mittee; and contain— ing for workers in the United States;
(ii) in the Senate shall be referred to the (A) the principal negotiating objectives of (B) the scope and magnitude of the effect
Committee on Finance. the United States to be pursued in the nego- of the proposed trade agreement on the flow
(B) The provisions of section 152 (c), (d), tiations; of workers to and from the United States;
and (e) of the Trade Act of 1974 (19 U.S.C. 2192 (B) the elements and topics expected to be (C) the extent to which the proposed agree-
(c), (d), and (e)) (relating to the consider- under consideration for coverage by the pro- ment may affect the laws, regulations, poli-
ation of certain resolutions in the House and posed trade agreement; cies, and international agreements of the
Senate) apply to any disapproval resolution (C) the countries expected to participate in United States relating to labor; and
to which paragraph (1) or (2) applies if— the agreement; and (D) proposals to mitigate any negative ef-
(i) there are at least 145 cosponsors of the (D) the sectors of the United States econ- fects of the proposed trade agreement on
omy likely to be affected by the agreement. workers, firms, and communities in the
resolution, in the case of a resolution of the
(4) CONSULTATIONS WITH CONGRESS.—The United States, including proposals relating
House of Representatives, and at least 34 co-
Trade Representative shall submit to the to trade adjustment assistance.
sponsors of the resolution, in the case of a
Congress— (3) PROCEDURES.—The Trade Representa-
resolution of the Senate; and
(A) within 6 months after the onset of ne- tive shall commence the review under para-
(ii) no resolution that meets the require-
gotiations, a preliminary draft of the envi- graph (1) by publishing notice thereof, and a
ments of clause (i) has previously been con-
ronmental assessment conducted under this request for comments thereon, in the Fed-
sidered under such provisions of section 152
subsection; and eral Register and transmitting notice there-
of the Trade Act of 1974 in that House of Con-
(B) not later than 90 calendar days before of to the Congress. The notice shall be given
gress during that Congress.
the agreement is signed by the President, not later than 30 calendar days before the ap-
In applying section 152(c)(1) of the Trade Act the final version of the environmental as- plicable negotiations begin. The notice shall
of 1974, all calendar days shall be counted. sessment. contain—
(C) It is not in order for— (5) PARTICIPATION OF OTHER FEDERAL AGEN- (A) the principal negotiating objectives of
(i) the Senate to consider any joint resolu- CIES AND DEPARTMENTS.—(A) In conducting the United States to be pursued in the nego-
tion unless it has been reported by the Com- the assessment required under paragraph (1), tiations;
mittee on Finance or the committee has the Trade Representative and the Chair of (B) the elements and topics expected to be
been discharged pursuant to subparagraph the Council on Environmental Quality shall under consideration for coverage by the pro-
(B); or draw upon the knowledge of the departments posed trade agreement;
(ii) the House of Representatives to con- and agencies with relevant expertise in the (C) the countries expected to participate in
sider any joint resolution unless it has been subject matter under consideration, includ- the agreement; and
reported by the Committee on Ways and ing, but not limited to, the Environmental (D) the sectors of the United States econ-
Means or the committee has been discharged Protection Agency, the Departments of the omy likely to be affected by the agreement.
pursuant to subparagraph (B). Interior, Agriculture, Commerce, Energy, (4) CONSULTATIONS WITH CONGRESS.—The
(5) COMPUTATION OF CERTAIN TIME PERI- State, the Treasury, and Justice, the Agency Trade Representative shall submit to the
ODS.—Each period of time referred to in for International Development, the Council Congress—
paragraphs (1) and (2) shall be computed of Economic Advisors, and the International (A) within 6 months after the onset of ne-
without regard to— Trade Commission. gotiations, a preliminary draft of the labor
(A) the days on which either House of Con- (B) The heads of the departments and agen- review conducted under this subsection; and
gress is not in session because of an adjourn- cies identified in subparagraph (A), and the (B) not later than 90 calendar days before
ment of more than 3 days to a day certain or heads of other departments and agencies the agreement is signed by the President,
an adjournment of the Congress sine die; and with relevant expertise shall provide such re- the final version of the labor review.
H9040 CONGRESSIONAL RECORD — HOUSE December 6, 2001
(5) PARTICIPATION OF OTHER DEPARTMENTS (A) the Committee on Ways and Means of ner, and to the same extent as any other rule
AND AGENCIES.—(A) In conducting the review the House of Representatives and the Com- of that House.
required under paragraph (1), the Trade Rep- mittee on Finance of the Senate; SEC. 7. IMPLEMENTATION OF TRADE AGREE-
resentative, the Secretary of Labor, and the (B) the congressional trade advisers; and MENTS.
International Trade Commission shall draw (C) each other committee of the House and (a) IN GENERAL.—
upon the knowledge of the departments and the Senate, and each joint committee of the (1) NOTIFICATION, SUBMISSION, AND ENACT-
agencies with relevant expertise in the sub- Congress, which has jurisdiction over legisla- MENT.—Any agreement entered into under
ject matter under consideration. tion involving subject matters which would section 4(b) shall enter into force with re-
(B) The heads of the departments and agen- be affected by the trade agreement. spect to the United States if (and only if)—
cies referred to in subparagraph (A) shall (2) SCOPE.—The consultation described in (A) the President, at least 120 calendar
provide such resources as are necessary to paragraph (1) shall include consultation with days before the day on which the President
conduct the review required under this sub- respect to— enters into the trade agreement, notifies the
section. (A) the nature of the agreement; House of Representatives and the Senate of
(6) CONSULTATION WITH THE ADVISORY COM- (B) how and to what extent the agreement the President’s intention to enter into the
MITTEE.—In developing proposals under para- will achieve the applicable purposes, poli- agreement, and promptly thereafter pub-
graph (2)(D), the Trade Representative and cies, and objectives of this Act; and lishes notice of such intention in the Federal
the Secretary of Labor shall consult with the (C) the implementation of the agreement Register;
labor general policy advisory committee es- under section 7, including the general effect (B) the President, at least 90 calendar days
tablished pursuant to section 135(c)(1) of the of the agreement on existing laws. before the day on which the President enters
Trade Act of 1974 (19 U.S.C. 2155(c)(1)), as (i) ADVISORY COMMITTEE REPORTS.—The re- into the trade agreement, certifies to the
amended by subsection (d)(6)(A) of this sec- port required under section 135(e)(1) of the Congress the trade agreement substantially
tion. Trade Act of 1974 regarding any trade agree- achieves the principal negotiating objectives
(7) PUBLIC PARTICIPATION.—The Trade Rep- ment entered into under section 4(a) or (b) of set forth in section 2 and those developed
resentative shall publish the preliminary and this Act shall be provided to the President, under section 5(b)(1);
final labor reviews in the Federal Register. the Congress, and the Trade Representative (C) within 60 calendar days after entering
The Trade Representative shall take into ac- into the agreement, the President submits to
not later than 30 calendar days after the date
count comments received from the public the Congress a description of those changes
on which the President notifies the Congress
pursuant to notices published under this sub- to existing laws that the President considers
under section 7(a)(1)(A) of the President’s in-
section and shall include in the final review would be required in order to bring the
tention to enter into the agreement.
a discussion of the public comments re- United States into compliance with the
(j) ITC ASSESSMENT.— agreement;
flected in the review. (1) IN GENERAL.—The President, at least 90 (D) after entering into the agreement, the
(f) NOTICE OF EFFECT ON UNITED STATES calendar days before the day on which the President submits to the Congress a copy of
TRADE REMEDIES.— President enters into a trade agreement the final legal text of the agreement, to-
(1) NOTICE.—In any case in which negotia- under section 4(b), shall provide the Inter- gether with—
tions being conducted to conclude a trade national Trade Commission (referred to in (i) a draft of an implementing bill;
agreement under section 4(b) could affect the this subsection as ‘‘the Commission’’) with (ii) a statement of any administrative ac-
trade remedy laws of the United States or the details of the agreement as it exists at tion proposed to implement the trade agree-
the rights or obligations of the United States that time and request the Commission to ment; and
under the Antidumping Agreement, the prepare and submit an assessment of the (iii) the supporting information described
Agreement on Subsidies and Countervailing agreement as described in paragraph (2). Be- in paragraph (2); and
Measures, or the Agreement on Safeguards, tween the time the President makes the re- (E) the implementing bill is enacted into
except insofar as such negotiations are di- quest under this paragraph and the time the law.
rectly and exclusively related to perishable Commission submits the assessment, the (2) SUPPORTING INFORMATION.—The sup-
and seasonal agricultural products, the President shall keep the Commission current porting information required under para-
Trade Representative shall, at least 90 cal- with respect to the details of the agreement. graph (1)(D)(iii) consists of—
endar days before the President signs the (2) ITC ASSESSMENT.—Not later than 90 cal- (A) an explanation as to how the imple-
agreement, notify the Congress of the spe- endar days after the President enters into menting bill and proposed administrative ac-
cific language that is the subject of the nego- the agreement, the Commission shall submit tion will change or affect existing law; and
tiations and the specific possible impact on to the President and the Congress a report (B) a statement—
existing United States laws and existing assessing the likely impact of the agreement (i) asserting that the agreement substan-
United States rights and obligations under on the United States economy as a whole tially achieves the applicable purposes, poli-
those WTO Agreements. and on specific industry sectors, including cies, and objectives of this Act; and
(2) DEFINITION.—In this subsection, the the impact the agreement will have on the (ii) setting forth the reasons of the Presi-
term ‘‘trade remedy laws of the United gross domestic product, exports and imports, dent regarding—
States’’ means section 337 of the Tariff Act aggregate employment and employment op- (I) how and to what extent the agreement
of 1930 (19 U.S.C. 1337), title VII of the Tariff portunities, the production, employment, substantially achieves the applicable pur-
Act of 1930 (19 U.S.C. 1671 et seq.), chapter 1 and competitive position of industries likely poses, policies, and objectives referred to in
of title II of the Trade Act of 1974 (19 U.S.C. to be significantly affected by the agree- clause (i), and why and to what extent the
2251 et seq.), title III of the Trade Act of 1974 ment, and the interests of United States con- agreement does not achieve other applicable
(19 U.S.C. 2411 et seq.), section 406 of the sumers. purposes, policies, and objectives;
Trade Act of 1974 (19 U.S.C. 2436), and chapter (3) REVIEW OF EMPIRICAL LITERATURE.—In (II) how the agreement serves the interests
2 of title IV of the Trade Act of 1974 (19 preparing the assessment, the Commission of United States commerce; and
U.S.C. 2451 et seq.). shall review available economic assessments (III) why the implementing bill and pro-
regarding the agreement, including lit- posed administrative action is required or
(g) REPORT ON INVESTMENT DISPUTE SET- erature regarding any substantially equiva- appropriate to carry out the agreement;
TLEMENT MECHANISM.—If any agreement con- lent proposed agreement, and shall provide (iii) describing the efforts made by the
cluded under section 4(b) with respect to in its assessment a description of the anal- President to obtain international exchange
trade and investment includes a dispute set- yses used and conclusions drawn in such lit- rate equilibrium and any effect the agree-
tlement mechanism allowing an investor to erature, and a discussion of areas of con- ment may have regarding increased inter-
bring a claim directly against a country, the sensus and divergence between the various national monetary stability; and
President shall submit a report to the Con- analyses and conclusions, including those of (iv) describing the extent, if any, to
gress, not later than 90 calendar days before the Commission regarding the agreement. which—
the President signs the agreement, explain- (k) RULES OF HOUSE OF REPRESENTATIVES (I) each foreign country that is a party to
ing in detail the meaning of each standard AND SENATE.—Section 4(c), section 5(c), and the agreement maintains non-commercial
included in the dispute settlement mecha- subsection (c) of this section are enacted by state trading enterprises that may adversely
nism, and explaining how the agreement the Congress— affect, nullify, or impair the benefits to the
does not interfere with the exercise by a sig- (1) as an exercise of the rulemaking power United States under the agreement; and
natory to the agreement of its police powers of the House of Representatives and the Sen- (II) the agreement applies to or affects pur-
under its national (including State and ate, respectively, and as such are deemed a chases and sales by such enterprises.
local) laws, including legitimate health, part of the rules of each House, respectively, (3) RECIPROCAL BENEFITS.—In order to en-
safety, environmental, consumer, and em- and such procedures supersede other rules sure that a foreign country that is not a
ployment opportunity laws and regulations. only to the extent that they are inconsistent party to a trade agreement entered into
(h) CONSULTATION WITH CONGRESS BEFORE with such other rules; and under section 4(b) does not receive benefits
AGREEMENTS ENTERED INTO.— (2) with the full recognition of the con- under the agreement unless the country is
(1) CONSULTATION.—Before entering into stitutional right of either House to change also subject to the obligations under the
any trade agreement under section 4(b), the the rules (so far as relating to the procedures agreement, the implementing bill submitted
President shall consult with— of that House) at any time, in the same man- with respect to the agreement shall provide
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9041
that the benefits and obligations under the Ways and Means of the House of Representa- (5) COST ANALYSIS.—An analysis of the
agreement apply only to the parties to the tives and the Committee on Finance of the costs associated with each of the items listed
agreement, if such application is consistent Senate to determine the appropriate time in paragraphs (1) through (4).
with the terms of the agreement. The imple- frame for submission to the Congress of an SEC. 11. TECHNICAL AND CONFORMING AMEND-
menting bill may also provide that the bene- environmental assessment meeting the re- MENTS.
fits and obligations under the agreement do quirements of section 6(d)(2). (a) IN GENERAL.—Title I of the Trade Act of
not apply uniformly to all parties to the (3) RULES OF ORIGIN.—The requirements of 1974 (19 U.S.C. 2111 et seq.) is amended as fol-
agreement, if such application is consistent section 6(d)(1) shall not apply to an agree- lows:
with the terms of the agreement. ment identified in subsection (a)(1). (1) IMPLEMENTING BILL.—
(b) LIMITATIONS ON FAST TRACK PROCE- (d) APPLICABILITY OF LABOR REVIEW.— (A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is
DURES; CONCURRENCE BY CONGRESSIONAL (1) URUGUAY ROUND AGREEMENTS AND amended by striking ‘‘section 1103(a)(1) of
TRADE ADVISERS IN PRESIDENT’S CERTIFI- FTAA.—With respect to agreements identified
the Omnibus Trade and Competitiveness Act
CATION.— in paragraphs (2) and (5) of subsection (a)— of 1988, or section 282 of the Uruguay Round
(1) CONCURRENCE BY CONGRESSIONAL TRADE (A) the notice required under section 6(e)(3) Agreements Act’’ and inserting ‘‘section 282
ADVISERS.—The fast track procedures shall shall be given not later than 30 days after of the Uruguay Round Agreements Act, or
not apply to any implementing bill sub- the date of the enactment of this Act; and section 7(a)(1) of the Comprehensive Trade
mitted with respect to a trade agreement of (B) the preliminary draft of the labor re- Negotiating Authority Act of 2001’’.
which notice was provided under subsection view required under section 6(e)(4) shall be (B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is
(a)(1)(A) unless a majority of the congres- submitted to the Congress not later than 18 amended by striking ‘‘or section 282 of the
sional trade advisers, by a vote held not months after such date of enactment. Uruguay Round Agreements Act’’ and insert-
later than 30 days after the President sub- (2) CHILE AND SINGAPORE.—With respect to ing ‘‘, section 282 of the Uruguay Round
mits the certification to Congress under sub- agreements identified in paragraphs (3) and Agreements Act, or section 7(a)(1) of the
section (a)(1)(B) with respect to the trade (4) of subsection (a), the Trade Representa- Comprehensive Trade Negotiating Authority
agreement, concur in the President’s certifi- tive shall consult with the Committee on Act of 2001’’.
cation. The failure of the congressional trade Ways and Means of the House of Representa- (2) ADVICE FROM INTERNATIONAL TRADE COM-
advisers to hold a vote within that 30-day pe- tives and the Committee on Finance of the MISSION.—Section 131 (19 U.S.C. 2151) is
riod shall be considered to be concurrence in Senate to determine the appropriate time amended—
the President’s certification. frame for submission to the Congress of an (A) in subsection (a)—
(2) COMPUTATION OF TIME PERIOD.—The 30- environmental assessment meeting the re- (i) in paragraph (1), by striking ‘‘section
day period referred to in paragraph (1) shall quirements of section 6(e)(2). 123 of this Act or section 1102 (a) or (c) of the
be computed without regard to— (3) RULES OF ORIGIN.—The requirements of Omnibus Trade and Competitiveness Act of
(A) the days on which either House of Con- section 6(e)(1) shall not apply to an agree- 1988,’’ and inserting ‘‘section 123 of this Act
gress is not in session because of an adjourn- ment identified in subsection (a)(1). or section 4(a) or (b) of the Comprehensive
ment of more than 3 days to a day certain or SEC. 9. ADDITIONAL REPORT AND STUDIES. Trade Negotiating Authority Act of 2001,’’;
an adjournment of the Congress sine die; and (a) REPORT ON TRADE-RESTRICTIVE PRAC- and
(B) any Saturday and Sunday, not excluded TICES.—Not later than 1 year after the date (ii) in paragraph (2), by striking ‘‘section
under subparagraph (A), when either House of the enactment of this Act, the President 1102 (b) or (c) of the Omnibus Trade and Com-
of Congress is not in session. shall transmit to the Congress a report on petitiveness Act of 1988’’ and inserting ‘‘sec-
SEC. 8. TREATMENT OF CERTAIN TRADE AGREE- trade-restrictive practices of foreign coun- tion 4(b) of the Comprehensive Trade Negoti-
MENTS. tries that are promoted, enabled, or facili-
ating Authority Act of 2001’’;
(a) CERTAIN AGREEMENTS.—Notwith- tated by governmental or private entities in
(B) in subsection (b), by striking ‘‘section
standing section 4(b)(2), if an agreement to those countries, or that involve the delega-
1102(a)(3)(A)’’ and inserting ‘‘section
which section 4(b) applies— tion of regulatory powers to private entities.
(b) ANNUAL STUDY ON FLUCTUATIONS IN EX- 4(a)(3)(A) of the Comprehensive Trade Nego-
(1) is entered into under the auspices of the tiating Authority Act of 2001’’ before the end
CHANGE RATE.—The Trade Representative
World Trade Organization regarding the period; and
shall prepare and submit to the Congress,
rules of origin work program described in ar- (C) in subsection (c), by striking ‘‘section
not later than ll of each year, a study of
ticle 9 of the Agreement on Rules of Origin, 1102 of the Omnibus Trade and Competitive-
how fluctuations in the exchange rate caused
(2) is entered into otherwise under the aus- ness Act of 1988,’’ and inserting ‘‘section 4 of
by the monetary policies of the trading part-
pices of the World Trade Organization, ners of the United States affect trade. the Comprehensive Trade Negotiating Au-
(3) is entered into with Chile, thority Act of 2001,’’.
SEC. 10. ADDITIONAL IMPLEMENTATION AND EN-
(4) is entered into with Singapore, or FORCEMENT REQUIREMENTS. (3) HEARINGS AND ADVICE.—Sections 132,
(5) establishes a Free Trade Area for the At the time the President submits to the 133(a), and 134(a) (19 U.S.C. 2152, 2153(a), and
Americas, Congress the final text of an agreement pur- 2154(a)) are each amended by striking ‘‘sec-
and results from negotiations that were com- suant to section 7(a)(1)(C), the President tion 1102 of the Omnibus Trade and Competi-
menced before the date of the enactment of shall also submit a plan for implementing tiveness Act of 1988,’’ each place it appears
this Act, subsection (b) shall apply. and enforcing the agreement. The implemen- and inserting ‘‘section 4 of the Comprehen-
(b) TREATMENT OF AGREEMENTS.—In the tation and enforcement plan shall include sive Trade Negotiating Authority Act of
case of any agreement to which subsection the following: 2001,’’.
(a) applies— (1) BORDER PERSONNEL REQUIREMENTS.—A (4) PREREQUISITES FOR OFFERS.—Section
(1) the applicability of the fast track pro- description of additional personnel required 134(b) (19 U.S.C. 2154(b)) is amended by strik-
cedures to implementing bills shall be deter- at border entry points, including a list of ad- ing ‘‘section 1102 of the Omnibus Trade and
mined without regard to the requirements of ditional customs and agricultural inspectors. Competitiveness Act of 1988’’ and inserting
section 5; and (2) AGENCY STAFFING REQUIREMENTS.—A de- ‘‘section 4 of the Comprehensive Trade Nego-
(2) the President shall consult regarding scription of additional personnel required by tiating Authority Act of 2001’’.
the negotiations described in subsection (a) Federal agencies responsible for monitoring, (5) ADVICE FROM PRIVATE AND PUBLIC SEC-
with the committees described in section implementing, and enforcing the trade TORS.—Section 135 (19 U.S.C. 2155) is amend-
5(b)(1) and the congressional trade advisers agreement, including personnel required by ed—
as soon as feasible after the enactment of the Office of the United States Trade Rep- (A) in subsection (a)(1)(A), by striking
this Act. resentative, the Department of Commerce, ‘‘section 1102 of the Omnibus Trade and Com-
(c) APPLICABILITY OF ENVIRONMENTAL AS- the Department of Agriculture (including ad- petitiveness Act of 1988’’ and inserting ‘‘sec-
SESSMENT.— ditional personnel required to evaluate sani- tion 4 of the Comprehensive Trade Negoti-
(1) URUGUAY ROUND AGREEMENTS AND tary and phytosanitary measures in order to ating Authority Act of 2001’’;
FTAA.—With respect to agreements identified obtain market access for United States ex- (B) in subsection (e)(1)—
in paragraphs (2) and (5) of subsection (a)— ports), the Department of the Treasury, the (i) by striking ‘‘section 1102 of the Omnibus
(A) the notice required under section Environmental Protection Agency, the De- Trade and Competitiveness Act of 1988’’ each
6(d)(3) shall be given not later than 30 days partment of the Interior, the Department of place it appears and inserting ‘‘section 4 of
after the date of the enactment of this Act; Labor, and such other departments and agen- the Comprehensive Trade Negotiating Au-
and cies as may be necessary. thority Act of 2001’’; and
(B) the preliminary draft of the environ- (3) CUSTOMS INFRASTRUCTURE REQUIRE- (ii) by striking ‘‘section 1103(a)(1)(A) of
mental assessment required under section MENTS.—A description of the additional such Act of 1988’’ and inserting ‘‘section
6(d)(4) shall be submitted to the Congress not equipment and facilities needed by the 7(a)(1)(A) of the Comprehensive Trade Nego-
later than 18 months after such date of en- United States Customs Service. tiating Authority Act of 2001’’; and
actment. (4) IMPACT ON STATE AND LOCAL GOVERN- (C) in subsection (e)(2), by striking ‘‘sec-
(2) CHILE AND SINGAPORE.—With respect to MENTS.—A description of the impact the tion 1101 of the Omnibus Trade and Competi-
agreements identified in paragraphs (3) and trade agreement will have on State and local tiveness Act of 1988’’ and inserting ‘‘section
(4) of subsection (a), the Trade Representa- governments as a result of increases in 2 of the Comprehensive Trade Negotiating
tive shall consult with the Committee on trade. Authority Act of 2001’’.
H9042 CONGRESSIONAL RECORD — HOUSE December 6, 2001
(6) TRANSMISSION OF AGREEMENTS TO CON- (9) GATT 1994.—The term ‘‘GATT 1994’’ has to discuss these things means to take
GRESS.—Section 162(a) (19 U.S.C. 2212(a)) is the meaning given that term in section 2 of away these rights, and for us to stand
amended by striking ‘‘or under section 1102 the Uruguay Round Agreements Act (19 up for what we know is morally and
of the Omnibus Trade and Competitiveness U.S.C. 3501).
Act of 1988’’ and inserting ‘‘or under section
legislatively right, that we are under-
(10) ILO.—The term ‘‘ILO’’ means the
4 of the Comprehensive Trade Negotiating International Labor Organization. cutting the President of the United
Authority Act of 2001’’. (11) IMPLEMENTING BILL.—The term ‘‘imple- States.
(b) APPLICATION OF CERTAIN PROVISIONS.— menting bill’’ has the meaning given that If the Committee on Rules says that
For purposes of applying sections 125, 126, term in section 151(b)(1) of the Trade Act of we cannot express ourselves, we will
and 127 of the Trade Act of 1974 (19 U.S.C. 1974 (19 U.S.C. 2191(b)(1)). fight on this. But we will salute that
2135, 2136(a), and 2137)— (12) NAFTA.—The term ‘‘NAFTA’’ means flag just as high as anybody else. And
(1) any trade agreement entered into under the North American Free Trade Agreement.
section 4 shall be treated as an agreement to infer that to vote against this piece
(13) TRADE REPRESENTATIVE.—The term
entered into under section 101 or 102, as ap- of legislation, which we have no idea
‘‘Trade Representative’’ means the United
propriate, of the Trade Act of 1974 (19 U.S.C. States Trade Representative. where it is going in the Senate, that it
2111 or 2112); and (14) UNITED STATES PERSON.—The term is the end of the day and that we are
(2) any proclamation or Executive order ‘‘United States person’’ means— not fighting, that we are not as patri-
issued pursuant to a trade agreement en- (A) a United States citizen; otic as the next American, wrong.
tered into under section 4 shall be treated as (B) a partnership, corporation, or other I will tell you this: This is just the
a proclamation or Executive order issued legal entity organized under the laws of the
pursuant to a trade agreement entered into beginning of our fight against ter-
United States; and rorism, and this should be the begin-
under section 102 of the Trade Act of 1974. (C) a partnership, corporation, or other
SEC. 12. DEFINITIONS. ning of us continuing to fight hard to
legal entity that is organized under the laws
In this Act: of a foreign country and is controlled by en- maintain bipartisanship in this House
(1) AGREEMENTS.—Any reference to any of tities described in subparagraph (B) or and on the other side. We should not
the following agreements is a reference to United States citizens, or both. use our fight against terrorism loosely,
that same agreement referred to in section (15) URUGUAY ROUND AGREEMENTS.—The and we should not compare the bill be-
101(d) of the Uruguay Round Agreements Act term ‘‘Uruguay Round Agreements’’ has the fore us as the same thing in fighting
(19 U.S.C. 3511(d)): meaning given that term in section 2(7) of
(A) The Agreement on Agriculture. the war against terrorism.
the Uruguay Round Agreements Act (19 I just hope we recognize that we can
(B) The Agreement on the Application of U.S.C. 3501(7)).
Sanitary and Phytosanitary Measures. defeat this bill before us. We can vote
(16) WTO.—The term ‘‘WTO’’ means the or-
(C) The Agreement on Technical Barriers
ganization established pursuant to the WTO
on the motion to recommit. We can
to Trade. make certain that we are concerned
Agreement.
(D) The Agreement on Trade-Related In- about the rights of kids, that they do
(17) WTO AGREEMENT.—The term ‘‘WTO
vestment Measures. not have to be involved in working in
Agreement’’ means the Agreement Estab-
(E) The Agreement on Implementation of
Article VI of the General Agreement on Tar-
lishing the World Trade Organization en- foreign governments and labor and be
tered into on April 15, 1994. abused; protecting the environment;
iffs and Trade 1994.
(F) The Agreement on Rules of Origin. Mr. RANGEL (during the reading). make certain we protect the constitu-
(G) The Agreement on Subsidies and Coun- Mr. Speaker, I ask unanimous consent tional rights of the Members of the
tervailing Measures. that the motion to recommit be consid- House.
(H) The Agreement on Safeguards. ered as read and printed in the RECORD. We can do all of those things. We can
(I) The General Agreement on Trade in The SPEAKER pro tempore. Is there be patriots. We can be Americans and
Services.
objection to the request of the gen- we can do these things.
(J) The Agreement on Trade-Related As-
pects of Intellectual Property Rights. tleman from New York? Mr. Speaker, I yield 1 minute to the
(K) The Agreement on Government Pro- There was no objection. gentleman from Michigan (Mr. LEVIN).
curement. The SPEAKER pro tempore. Pursu- (Mr. LEVIN asked and was given per-
(2) ANTIDUMPING AGREEMENT.—The term ant to the rule, the gentleman from mission to revise and extend his re-
‘‘Antidumping Agreement’’ means the Agree- New York (Mr. RANGEL) is recognized marks.)
ment on Implementation of Article VI of the for 5 minutes on his motion to recom- Mr. LEVIN. Mr. Speaker, this debate
General Agreement on Tariffs and Trade mit. is about trade and not about terrorism.
1994. Mr. RANGEL. Mr. Speaker, I yield
(3) APPELLATE BODY; DISPUTE SETTLEMENT It is not about American leadership.
myself 3 minutes. America must lead in trade in the right
BODY; DISPUTE SETTLEMENT PANEL; DISPUTE
SETTLEMENT UNDERSTANDING.—The terms
Mr. Speaker, this is a very emotional direction. Trade must expand, and it
‘‘Appellate Body’’, ‘‘Dispute Settlement time for me, because our Speaker said has to be shaped as that happens, and
Body’’, ‘‘dispute settlement panel’’, and that this bill is just as important as that is what we have been doing these
‘‘Dispute Settlement Understanding’’ have fighting the war against terrorism. I last years. We have voted on these
the meanings given those terms in section think that is a big stretch, to compare bills. Do not pretend they do not exist.
121 of the Uruguay Round Agreements Act the loss of American lives at Ground The Thomas bill would turn back the
(35 U.S.C. 3531). Zero to the passage of this bill as being
(4) BUSINESS CONFIDENTIAL.—Information clock in key areas including those re-
on the same level. We cannot bring lating to labor.
or evidence is ‘‘business confidential’’ if dis-
back those lives at Ground Zero, but
closure of the information or evidence is
we can get another chance to give the b 1530
likely to cause substantial harm to the com-
petitive position of the entity from which President the authority that so many I am an internationalist. This is not
the information or evidence would be ob- of us believe that he wants and he de- about isolationism. It is about how we
tained. serves in order to have an effective shape our role as internationalists. It
(5) CONGRESSIONAL TRADE ADVISERS.—The trade policy. is not about protectionism. We are be-
term ‘‘congressional trade advisers means We do not believe that under our gov- yond that. Trade is so important that
the congressional advisers for trade policy ernment and the democratic way that the role of Congress has to change. We
and negotiations designated under section
we expect to legislate, that what we cannot be rubber stamps or silent part-
161(a)(1) of the Trade Act of 1974 (19 U.S.C.
2211(a)(1)). are doing is undercutting the President ners or consultants. We must be par-
(6) FTAA.—The term ‘‘FTAA’’ means the of the United States. We believe in our ticipants.
Free Trade Area of the Americas or com- democratic world that the majority The Thomas bill falls so far short in
parable agreement reached between the and the minority should have an oppor- that way. Vote, vote for the motion to
United States and the countries in the West- tunity to express themselves, and the recommit; and if that fails, vote
ern Hemisphere. fact that someone can pick up some against Thomas; and then if Thomas
(7) FTAA AGREEMENT.—The term ‘‘FTAA Democratic friends in the middle of the goes down and the recommittal motion
agreements’’ means any agreements entered
night does not mean that the process of goes down, we will come back and do it
into to establish or carry out the FTAA.
(8) FTAA MEMBER; FTAA MEMBER COUN- having bills and having hearings on the right way.
TRY.—The terms ‘‘FTAA member’’ and bills and amendments on bills and hav- Mr. RANGEL. Mr. Speaker, I yield
‘‘FTAA member country’’ mean a country ing the people on the Committee on the balance of my time to the minority
that is a member of the FTAA. Ways and Means have an opportunity leader.
December 6, 2001 CONGRESSIONAL RECORD — HOUSE H9043
Mr. GEPHARDT. Mr. Speaker, as I First of all, to get an agreement The vote was taken by electronic de-
said previously, I want to commend the through Congress in this package, re- vice, and there were—ayes 162, noes 267,
gentleman from New York (Mr. RAN- quires that my colleagues vote not not voting 5, as follows:
GEL) and the gentleman from Cali- once, remember, normally, this is [Roll No. 480]
fornia (Mr. MATSUI) and the gentleman called Fast Track, that we do not vote AYES—162
from Michigan (Mr. LEVIN) for their once, that we do not have to vote Abercrombie Gutierrez Moore
hard work on this alternative. They twice, but we have to vote three times; Ackerman Hall (OH) Moran (VA)
have worked endlessly to put together and every time we have to achieve a Allen Hastings (FL) Nadler
what they believe to be the right trade majority. Andrews Hilliard Napolitano
Baird Hinchey Neal
policy for our country. On those 75 pages of mandates, this is Baldacci Hinojosa Obey
I agree with it entirely. I think it is the structure to determine whether or Barcia Hoeffel Olver
the kind of vision that we need in not the agreement has met the par- Barrett Holt Owens
trade. I think it is the kind of vision ticular mandate. It takes nine Mem- Becerra Honda Pallone
Bentsen Hooley Pascrell
that we will ultimately come to in bers of the House and nine Members of Berkley Hoyer Pastor
trade, and I urge Members to seriously the Senate, and it constructs them so Berman Inslee Payne
consider voting for it. that the nine and the nine just happen Berry Israel Pelosi
The only way we will get these to be nine Democrats and nine Repub- Bishop Jackson (IL) Phelps
Blagojevich Jackson-Lee Pomeroy
changes made in trade policy is if we licans, and if they hold their party Blumenauer (TX) Price (NC)
have the votes to pass this kind of a line, if the AFL-CIO is able to hold the Boswell Johnson, E. B. Rangel
motion. So I strongly recommend it to party line, any agreement goes down Boucher Jones (OH) Reyes
Members. Brown (FL) Kaptur Rodriguez
because to get an agreement not only Capps Kennedy (RI) Roemer
I honor their hard work and scholar- requires us to go through those three Capuano Kildee Ross
ship, their seriousness of purpose. It is separate votes, but we then have to on Cardin Kilpatrick Rothman
a remarkable job that they have done, any one of these 75 pages of mandates, Carson (IN) Kind (WI) Roybal-Allard
and I urge Members to vote for what I Clay Kleczka Rush
have to get a majority of that struc- Clayton Kucinich Sanchez
believe to be the right vision on trade ture to go forward. Clement LaFalce Sanders
for America now and in the future. I know that sometimes bringing Clyburn Lampson Sandlin
Mr. THOMAS. Mr. Speaker, I rise in countries together over the negotiating Condit Langevin Sawyer
opposition to the motion to recommit. Conyers Lantos Schakowsky
table is difficult to do; and that is why, Costello Larson (CT) Schiff
The SPEAKER pro tempore (Mr. in committee, when this was offered as Coyne Levin Scott
LAHOOD). The gentleman from Cali- a substitute, with 17 Democrats on the Cramer Lewis (GA) Serrano
fornia is recognized for 5 minutes. committee, the leadership of the Com- Crowley Lipinski Sherman
Mr. THOMAS. Mr. Speaker, most Cummings Lowey Shows
mittee on Ways and Means, laying this Davis (CA) Luther Skelton
others would oppose this if they had in front of their Democratic col- Davis (IL) Lynch Slaughter
told us what was in it during their 5 leagues, did not get 17 vote, did not get DeFazio Maloney (CT) Solis
minutes; but that usually is my job, to 16 votes, did not get 14 vote, did not get DeGette Maloney (NY) Spratt
tell people what is in the motion to re- Delahunt Markey Stark
13 votes. They were able to muster 12 of Deutsch Matsui Thompson (CA)
commit. the 17 in support of this; and once my Doggett McCarthy (MO) Thompson (MS)
First of all, that is the motion to re- colleagues know what is inside of it, we Edwards McCarthy (NY) Tierney
commit, and I do have to compliment begin to wonder about the 12 that voted Engel McCollum Towns
the gentleman from New York (Mr. Eshoo McDermott Turner
for it. Etheridge McGovern Udall (CO)
RANGEL) in which he utilized patriot- That is why they would not spend Evans McIntyre Udall (NM)
ism by condemning others using patri- one minute of their time telling us Farr McKinney Waters
otism to urge that my colleagues sup- what is in this document; but if my Fattah McNulty Watson (CA)
port his motion to recommit. Nicely Filner Meehan Watt (NC)
colleagues examine it, what it is is a Frank Meeks (NY) Waxman
done. guarantee that unless and until one or Frost Menendez Weiner
What the minority leader said was two people’s vision over there of how Gephardt Millender- Wexler
that this position contains all the right we shape our world is in each and every
Gonzalez McDonald Woolsey
issues. Gordon Miller, George Wynn
document, we will not have a trade Green (TX) Mink
The gentleman from Michigan (Mr.
agreement. That is not the way a trade
LEVIN), who is the author of this, says NOES—267
agreement arrangement should work.
that it moves in the right direction; I want to compliment the Democrats Aderholt Cannon Emerson
and in fact, the key phrase from the Akin Cantor English
that voted against it in Ways and Armey Capito Everett
gentleman from Michigan is it says it Means. I want to compliment the Baca Carson (OK) Ferguson
is how we should shape our world. Democrats who will vote down the mo- Bachus Castle Flake
I want my colleagues to think about tion to recommit, and I want to com- Baker Chabot Fletcher
a document which the minority asks us Baldwin Chambliss Foley
pliment all of those who will support Ballenger Coble Forbes
to vote for, which more than 75 pages Trade Promotion Authority for the Barr Collins Ford
consists of mandates, of requirements President. Bartlett Combest Fossella
that others must meet. To give my col- The SPEAKER pro tempore. Without Barton Cooksey Frelinghuysen
leagues the flavor of the 75 pages of Bass Cox Gallegly
objection, the previous question is or- Bereuter Crane Ganske
mandates, we only have to get to page dered on the motion to recommit. Biggert Crenshaw Gekas
6 when it says any agreement that There was no objection. Bilirakis Cubin Gibbons
comes back must maintain bona fide The SPEAKER pro tempore. The Blunt Culberson Gilchrest
Boehlert Cunningham Gillmor
food aid programs. Now, what is a bona question is on the motion to recommit. Boehner Davis (FL) Gilman
fide food aid program? Whatever it is, The question was taken; and the Bonilla Davis, Jo Ann Goode
the agreement between whoever coun- Speaker pro tempore announced that Bonior Davis, Tom Goodlatte
try works with us must maintain a Bono Deal Goss
the noes appeared to have it. Boozman DeLauro Graham
bona fide food aid program. RECORDED VOTE Borski DeLay Granger
My colleagues can imagine 75 pages Mr. RANGEL. Mr. Speaker, I demand Boyd DeMint Graves
of maintaining, to preserve, to pro- a recorded vote. Brady (PA) Diaz-Balart Green (WI)
mote, to eliminate, to achieve, to ex- Brady (TX) Dicks Greenwood
A recorded vote was ordered. Brown (OH) Dingell Grucci
plore, to develop, to identify, to clarify The SPEAKER pro tempore. Pursu- Brown (SC) Dooley Gutknecht
and on and on, that an agreement has ant to clause 9 of rule XX, the Chair Bryant Doolittle Hall (TX)
to meet these because they are man- announces that he will reduce to 5 min- Burr Doyle Hansen
Burton Dreier Harman
dates, and if they do not meet them, utes the period of time within which a Buyer Duncan Hart
guess what? There is a structure that vote by electronic device will be taken Callahan Dunn Hastert
will judge whether or not those man- on the question of the passage of the Calvert Ehlers Hastings (WA)
dates have been met. bill. Camp Ehrlich Hayes
H9044 CONGRESSIONAL RECORD — HOUSE December 6, 2001
Hayworth Mica Shaw The vote was taken by electronic de- Edwards Lee Reyes
Hefley Miller, Dan Shays Engel Levin Rivers
Herger Miller, Gary Sherwood
vice, and there were—ayes 215, noes 214, Eshoo Lewis (GA) Rodriguez
Hill Miller, Jeff Shimkus not voting 5, as follows: Evans Lipinski Roemer
Hilleary Mollohan Shuster [Roll No. 481] Farr LoBiondo Rogers (KY)
Hobson Moran (KS) Simmons Fattah Lofgren Ross
Hoekstra Morella Simpson AYES—215 Filner Lowey Rothman
Holden Murtha Skeen Akin Foley Luther Roybal-Allard
Gillmor Ortiz
Horn Myrick Smith (MI) Armey Ford Lynch Rush
Goodlatte Osborne
Houghton Nethercutt Smith (NJ) Bachus Frank Maloney (CT) Sabo
Goss Ose
Hulshof Ney Smith (TX) Baker Frost Maloney (NY) Sanchez
Granger Otter
Hunter Northup Smith (WA) Ballenger Gephardt Markey Sanders
Graves Oxley
Hyde Norwood Snyder Barr Gilman Mascara Sandlin
Green (WI) Pence
Isakson Nussle Souder Barton Gonzalez Matsui Sawyer
Greenwood Peterson (PA)
Issa Oberstar Stearns Bass Goode McCarthy (MO) Schakowsky
Grucci Petri
Istook Ortiz Stenholm Bentsen Gordon McCarthy (NY) Schiff
Gutknecht Pickering
Jefferson Osborne Strickland Bereuter Graham McCollum Scott
Hall (TX) Pitts
Jenkins Ose Stump Biggert Green (TX) McDermott Serrano
Hansen Platts
John Otter Stupak Bilirakis Gutierrez McGovern Sherman
Hart Pombo
Johnson (CT) Oxley Sununu Blunt Hall (OH) McHugh Shows
Hastert Portman
Johnson (IL) Paul Sweeney Boehlert Harman McIntyre Simmons
Hastings (WA) Pryce (OH)
Johnson, Sam Pence Tancredo Boehner Hastings (FL) McKinney Slaughter
Hayes Radanovich
Jones (NC) Peterson (MN) Tanner Bonilla Hilliard McNulty Smith (NJ)
Hayworth Ramstad
Kanjorski Peterson (PA) Tauscher Bono Hinchey Meehan Smith (WA)
Hefley Rehberg
Keller Petri Tauzin Boozman Hoeffel Meeks (NY) Solis
Herger Reynolds
Kelly Pickering Taylor (MS) Brady (TX) Hoekstra Menendez Spratt
Hill Riley
Kennedy (MN) Pitts Taylor (NC) Brown (SC) Holden Millender- Stark
Hilleary Rogers (MI)
Kerns Platts Terry Bryant Holt McDonald Strickland
Hinojosa Rohrabacher
King (NY) Pombo Thomas Burr Honda Miller, George Stupak
Hobson Ros-Lehtinen
Kingston Portman Thornberry Burton Hooley Mink Tauscher
Horn Royce
Kirk Pryce (OH) Thune Buyer Hoyer Mollohan Taylor (MS)
Houghton Ryan (WI)
Knollenberg Putnam Thurman Callahan Inslee Murtha Taylor (NC)
Hulshof Ryun (KS)
Kolbe Radanovich Tiahrt Calvert Israel Nadler Thompson (CA)
Hunter Saxton
LaHood Rahall Tiberi Camp Jackson (IL) Napolitano Thompson (MS)
Hyde Schaffer
Largent Ramstad Toomey Cannon Jackson-Lee Neal Thurman
Isakson Schrock
Larsen (WA) Regula Traficant Cantor (TX) Norwood Tierney
Issa Sensenbrenner
Latham Rehberg Upton Carson (OK) Johnson, E. B. Oberstar Towns
Istook Sessions
LaTourette Reynolds Velazquez Castle Jones (NC) Obey Traficant
Jefferson Shadegg
Leach Riley Visclosky Chabot Jones (OH) Olver Turner
Jenkins Shaw
Lee Rivers Vitter Chambliss Kanjorski Owens Udall (CO)
John Shays
Lewis (CA) Rogers (KY) Walden Collins Kaptur Pallone Udall (NM)
Johnson (CT) Sherwood
Lewis (KY) Rogers (MI) Walsh Combest Kennedy (RI) Pascrell Velazquez
Johnson (IL) Shimkus
Linder Rohrabacher Wamp Cooksey Kildee Pastor Visclosky
Johnson, Sam Shuster
LoBiondo Ros-Lehtinen Watkins (OK) Cox Kilpatrick Paul Walsh
Keller Simpson
Lofgren Royce Watts (OK) Crane Kind (WI) Payne Waters
Kelly Skeen
Lucas (KY) Ryan (WI) Weldon (FL) Crenshaw Kleczka Pelosi Watson (CA)
Kennedy (MN) Skelton
Lucas (OK) Ryun (KS) Weldon (PA) Cubin Kucinich Peterson (MN) Watt (NC)
Kerns Smith (MI)
Manzullo Sabo Weller Culberson LaFalce Phelps Waxman
King (NY) Smith (TX)
Mascara Saxton Whitfield Cunningham Lampson Pomeroy Weiner
Kingston Snyder
Matheson Schaffer Wicker Davis (CA) Langevin Price (NC) Weldon (PA)
Kirk Souder
McCrery Schrock Wilson Davis (FL) Lantos Putnam Wexler
Knollenberg Stearns
McHugh Sensenbrenner Wolf Davis, Jo Ann Larsen (WA) Rahall Woolsey
Kolbe Stenholm
McInnis Sessions Wu Davis, Tom Larson (CT) Rangel Wu
LaHood Stump
McKeon Shadegg Young (FL) Deal LaTourette Regula Wynn
Largent Sununu
NOT VOTING—5 DeLay Latham Sweeney NOT VOTING—5
DeMint Leach Tancredo
Hostettler Quinn Young (AK) Diaz-Balart Lewis (CA) Tanner Hostettler Quinn Young (AK)
Meek (FL) Roukema Dicks Lewis (KY) Tauzin Meek (FL) Roukema
b 1559 Dooley Linder Terry
Doolittle Lucas (KY) Thomas b 1637
Mr. GREENWOOD, Mr. WALSH, Mrs. Dreier Lucas (OK) Thornberry
CUBIN, Messrs. BROWN of South Caro- Dunn Manzullo Thune Mr. DEMINT changed his vote from
Ehlers Matheson Tiahrt ‘‘no’’ to ‘‘aye.’’
lina, COX, STRICKLAND, HERGER, Ehrlich McCrery Tiberi
BORSKI, MURTHA, Ms. VELAZQUEZ, ´ Emerson McInnis Toomey
So the bill was passed.
Messrs. DOYLE, MASCARA, BRADY of English McKeon Upton The result of the vote was announced
Pennsylvania, RAHALL, HOLDEN, and Etheridge Mica Vitter as above recorded.
Everett Miller, Dan Walden A motion to reconsider was laid on
KANJORSKI changed their vote from Ferguson Miller, Gary Wamp
‘‘aye’’ to ‘‘no.’’ Flake Miller, Jeff Watkins (OK) the table.
Mr. MEEHAN changed his vote from Fletcher Moore Watts (OK)
Forbes Moran (KS) Weldon (FL) f
‘‘no’’ to ‘‘aye.’’ Fossella Moran (VA) Weller
So the motion to recommit was re- Frelinghuysen Morella Whitfield PERMISSION TO FILE CON-
jected. Gallegly Myrick Wicker
Ganske Nethercutt Wilson FERENCE REPORT ON H.R. 2883,
The result of the vote was announced
Gekas Ney Wolf INTELLIGENCE AUTHORIZATION
as above recorded. Gibbons Northup Young (FL) ACT FOR FISCAL YEAR 2002
b 1600 Gilchrest Nussle
Mr. GOSS. Mr. Speaker, I ask unani-
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE NOES—214 mous consent on the part of the House
The SPEAKER pro tempore (Mr. Abercrombie Blumenauer Coble to have until midnight, December 6,
Ackerman Bonior Condit
LAHOOD). Notwithstanding the Chair’s Aderholt Borski Conyers
2001, to file a conference report on the
earlier announcement, the time for Allen Boswell Costello bill (H.R. 2883) to authorize appropria-
electronic vote on passage, if ordered, Andrews Boucher Coyne tions for fiscal year 2002 for intel-
will be 15 minutes. Baca Boyd Cramer ligence and intelligence-related activi-
Baird Brady (PA) Crowley
The question is on the passage of the Baldacci Brown (FL) Cummings ties of the United States Government,
bill. Baldwin Brown (OH) Davis (IL) the Community Management Account,
The question was taken; and the Barcia Capito DeFazio and the Central Intelligence Agency
Speaker pro tempore announced that Barrett Capps DeGette
Bartlett Capuano Delahunt
Retirement and Disability System, and
the ayes appeared to have it. Becerra Cardin DeLauro for other purposes.
RECORDED VOTE Berkley Carson (IN) Deutsch The SPEAKER pro tempore (Mr.
Berman Clay Dingell LAHOOD). Is there objection to the re-
Mr. MCDERMOTT. Mr. Speaker, I de- Berry Clayton Doggett
mand a recorded vote. Bishop Clement Doyle quest of the gentleman from Florida?
A recorded vote was ordered. Blagojevich Clyburn Duncan There was no objection.
