[Congressional Record Volume 158, Number 75 (Wednesday, May 23, 2012)]
[Senate]
[Pages S3517-S3519]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. WYDEN:
S. 3225. A bill to require the United States Trade Representative to
provide documents relating to trade negotiations to Members of Congress
and their staff upon request, and for other purposes; to the Committee
on Finance.
Mr. WYDEN. Mr. President, right now, the Obama Administration is in
the process of negotiating what might prove to be the most far-reaching
economic agreement since the World Trade Organization was established
nearly twenty years ago.
The goal of this agreement--known as the Trans Pacific Partnership,
TPP--is to economically bind together the economies of the Asia
Pacific. It involves countries ranging from Australia, Singapore,
Vietnam, Peru, Chile and the United States and holds the potential to
include many more countries, like Japan, Korea, Canada, and Mexico. If
successful, the agreement will set norms for the trade of goods and
services and includes disciplines related to intellectual property,
access to medicines, Internet governance, investment, government
procurement, worker rights and environmental standards.
If agreed to, TPP will set the tone for our nation's economic future
for years to come, impacting the way Congress intervenes and acts on
behalf of the American people it represents.
It may be the U.S. Trade Representative's, USTR, current job to
negotiate trade agreements on behalf of the United States, but Article
1 Section 8 of the U.S. Constitution gives Congress--not the USTR or
any other member of the Executive Branch--the responsibility of
regulating foreign commerce. It was our Founding Fathers' intention to
ensure that the laws and policies that govern the American people take
into account the interests of all the American people, not just a
privileged few.
Yet, the majority of Congress is being kept in the dark as to the
substance of the TPP negotiations, while representatives of U.S.
corporations--like Halliburton, Chevron, PHRMA, Comcast, and the Motion
Picture Association of America--are being consulted and made privy to
details of the agreement. As the Office of the USTR will tell you, the
President gives it broad power to keep information about the trade
policies it advances and negotiates, secret. Let me tell you, the USTR
is making full use of this authority.
As the Chairman of the Senate Finance Committee's Subcommittee on
International Trade, Customs, and Global Competitiveness, my office is
responsible for conducting oversight over the USTR and trade
negotiations. To do that, I asked that my staff obtain the proper
security credentials to view the information that USTR keeps
confidential and secret. This is material that fully describes what the
[[Page S3518]]
USTR is seeking in the TPP talks on behalf of the American people and
on behalf of Congress. More than two months after receiving the proper
security credentials, my staff is still barred from viewing the details
of the proposals that USTR is advancing.
We hear that the process by which TPP is being negotiated has been a
model of transparency. I disagree with that statement. And not just
because the Staff Director of the Senate subcommittee responsible for
oversight of international trade continues to be denied access to
substantive and detailed information that pertains to the TPP talks.
Congress passed legislation in 2002 to form the Congressional
Oversight Group, or COG, to foster more USTR consultation with
Congress. I was a senator in 2002. I voted for that law and I can tell
you the intention of that law was to ensure that USTR consulted with
more Members of Congress not less.
In trying to get to the bottom of why my staff is being denied
information, it seems that some in the Executive Branch may be
interpreting the law that established the COG to mean that only the few
Members of Congress who belong to the COG can be given access to trade
negotiation information, while every other Member of Congress, and
their staff, must be denied such access. So, this is not just a
question of whether or not cleared staff should have access to
information about the TPP talks, this is a question of whether or not
the administration believes that most Members of Congress can or should
have a say in trade negotiations.
Again, having voted for that law, I strongly disagree with such an
interpretation and find it offensive that some would suggest that a law
meant to foster more consultation with Congress is intended to limit
it. But given that the TPP negotiations are currently underway and I--
and the vast majority of my colleagues and their staff--continue to be
denied a full understanding of what the USTR is seeking in the
agreement, we do not have time to waste on a protracted legal battle
over this issue. Therefore, I am introducing legislation to clarify the
intent of the COG statute.
The legislation, I propose, is straightforward. It gives all Members
of Congress and staff with appropriate clearance access to the
substance of trade negotiations. Finally, Members of Congress who are
responsible for conducting oversight over the enforcement of trade
agreements will be provided information by the Executive Branch
indicating whether our trading partners are living up to their trade
obligations. Put simply, this legislation would ensure that the
representatives elected by the American people are afforded the same
level of influence over our nation's policies as the paid
representatives of PHRMA, Halliburton and the Motion Picture
Association.
My intent is to do everything I can to see that this legislation is
advanced quickly and becomes law, so that elected Members of Congress
can do what the Constitution requires and what their constituents
expect.
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