http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2008_record&page=S5043&position=all
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2008_record&page=S5044&position=all
OBAMA-BROWN-MICHAUD Non-Tariff Trade Barrier Act Likely to Devastate US Economy, Trigger a Global Trade War & Endanger World Peace
By ITSSD Staff
Two recently introduced (on June 4, 2008) bills authored by House and Senate Democratic Party members essentially shatter whatever remaining faith Americans might have in Congress' ability to formulate an intelligent, well thought out and responsible foreign trade policy that promotes rather than compromises U.S. national economic, technology and security interests.
S.3083 and H.R. 6180 can be honestly characterized as legislative abominations that, if adopted and signed into law by a Democratic president, would likely trigger a global trade war among nations based on reciprocal/retaliatory non-tariff-based regulatory protectionism that could potentially give rise to a world-wide depression that jeopardizes world peace.
These possibilities should not be taken lightly, as the Congressional majority has evidently NOT done its homework concerning the economic events that preceded World War II. These bills are troublesome insofar as they are reminiscent of the Smoot-Hawley Tariff Act of 1930, which many scholars believe significantly contributed to the events that laid the basis for World War II. Readers should not be 'thrown' by the distinction-in-name-only between tariff and non-tariff trade barriers. In fact, recent history reveals that other than transparent non-tariff barriers like those contained in S. 3093 and H.R. 6180 can cause much greater economic and political harm than can more transparent tariff rate barriers.
The American people certainly deserve better from their representatives, and are entitled to learn more about the economic history preceding WWII. For this reason, we have reproduced excerpts from one of the main international trade law textbooks used in law school and international relations programs: John H. Jackson, William J. Davey and Alan O. Sykes, Legal Problems of International Economic Relations - Cases, Materials and Text (4th Ed. West Publ. (c) 2002).
"Probably the most important foreign policy goal related to international economic policy is the prevention of war. Many statesmen and scholars believe that modern history establishes a clear relationship between implementation of certain international economic policies and war. The importance of this relationship was particularly evident in the case of World War II." (p. 38).
[The following is reproduced on page 38 of the text, and taken from Richard N. Cooper, Trade Policy and Foreign Policy, U.S. Trade Policies in a Changing World Economy, Robert M. Stern Ed., (MIT (c) 1987)]:
"The most disastrous single mistake any U.S. president has made in international relations was Herbert Hoover's signing of the Smoot-Hawley Tariff Act into law in June 1930. the sharp increase in tariffs, the apparent indifference of the U.S. authorities to the implications of their actions for foreigners, and the foreign retaliation that quickly followed, as threatened, helped convert what wuold have been otherwise a normal economic downturn into a major world depression. The sharp decline in foreign trade and economic activity in turn undermined the position of the moderates with respect to the nationalists in Japanese politics and paved the way for the electoral victory of the Nazis in Germany in 1932. Japan promptly invaded China in 1931, and the basis for World War II was laid."
"Valuable lessons were learned [??] from the Smoot-Hawley tariff experience by the foreign policy community: the threat of tariff rataliation is not always merely a bluff; tariffs do influence trade flows negatively; a decline in trade can depress national economies; economic depression provides fertile ground for politically radical nostrums; and political radicals often seek foreign (military) adventures to distract domestic attention away from their domestic economic failures. The seeds of World War II, in both the Far East and in Europe, were sown by Hoover's signing of the Smoot-Hawley Tariff Act." (Text, p. 38)
"Harry Hawkins, then Director of the Office of Economic Affairs of the [U.S.] Department of State, said in a 1944 speech:
'We've seen that when a country gets starved out economically, its people are all too ready to follow the first dictator who may rise up and promise them all jobs. Trade conflict breeds noncooperation, suspicion, bitterness. Nations which are economic enemies are not likely to remain political friends for long.
At the end of the war, the United States government, in suggesting a draft charter for an international trade organization, stated:
'The fundamental choice is whether countries will struggle against each other for wealth and power, or work together for security and mutual advantage...The experience of cooperation in the task of earning a living promotes both the habit and the techniques of common effort and helps make permanent the mutual confidence on which the peace depends.'" (Text p. 39).
------------------------------------------------------------------------------------------------
PRELIMINARY REVIEW OF KEY PROVISIONS OF
S. 3083 / H.R. 6180
“Trade Reform, Accountability, Development, and Employment Act of 2008”
“TRADE Act of 2008”
GENERAL CONCLUSIONS:
1. These bills use language reminiscent of European protectionist trade, environment, health and safety regulations, which justifies stricter NON-scientific scrutiny of and imposition of economically onerous compliance burdens upon U.S. and foreign economic actors. As in the case of Europe, these bills allege numerous market failures which current and prior governments are alleged to have exacerbated by incorporating them within U.S. regional and bilateral free trade and investment agreements which are characterized as ‘FLAWED’ and due for ‘RENEGOTIATION’ and REVISION’.
2. These bills make reference to spurious public and consumer group polls. These bills also use language that can be linked to presidential aspirant, Senator Barack Obama, judging from the statements made by U.S. Senator Sherrod Brown during his colloquy introducing S. 3083. His statements specifically utilize 'Obama language': “It is time for a change. The Trade Reform, Accountability, Development and Employment, TRADE, Act, which Senator DORGAN, Senator FEINGOLD, Senator CASEY, Senator WHITEHOUSE and I are introducing today, is a step towards that change.”
3. These bills appear concerned more with harmonizing U.S. regulatory standards and laws with lofty and abstract United Nations, global governance-based ‘sustainable development’ treaty standards and EU regulatory laws than with U.S.-specific economic, technological and national security interests. In particular, the bills aim to reduce protection of U.S.-owned private property and investment rights, tangible as well as intangible IP and contract rights, by subjecting them to undefined United Nations global governance/ sustainable development restrictions and conditions.
5. These bills raise constitutional separation of powers and federalism issues.
6. These bills, track the language of developing country declarations made at intergovernmental fora such as the United Nations World Health Organization (WHO), World Intellectual Property Organization (WIPO), United Nations Environment Program (UNEP - specifically, the UN Convention on Biological Diversity)), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Commission on Human Rights (UNCHR), the United Nations General Assembly's Economic and Social Commission (ECOSOC), etc., which create a hierarchy of fundamental universal human social, environmental and labor rights. This United Nations hierarchy of fundamental rights, embraced by S. 3083 and H.R. 6181, places U.S. constitutionally protected private property rights essentially at the base of that hierarchy. These bills would effectively cede more U.S. legal /economic sovereignty to United Nations organizations.
7. These bills would effectively sanction the ‘giving away’ of U.S. private property rights in sensitive technologies that are at the foundation of America's 21st century knowledge economy to the developing world, for less than fair market value, both tangible and intangible, in violation of the U.S. Constitution. The U.S. Supreme Court ruled in the case of Reid v. Covert, 354 U.S. 1, 5-9 (1957) that it is the constitutional obligation of the President and the Congress to ensure protection and enforcement of U.S. constitutionally protected private property rights both here and abroad, against the arbitrary inclinations of both the U.S. government AND foreign governments. These bills, in other words, would effectively permit the direct (nationalization/expropriation) and indirect (regulatory) ‘taking’ of U.S. private property rights by the U.S. and foreign governments for an ostensible public use, in violation of the Fifth Amendment of the Bill of Rights, without payment of ‘just compensation’.
8. These bills would effectively increase the size of the U.S. government to administer all of the new protectionist laws, regulations and taxes that are called for. For this reason, alone, it is accurate to say that it will push the United States closer to the European model of governance. Recent OECD reports reflect that approximately 50% of European Union GDP is attributable to revenues and expenditures made by European governments. In other words, one of Europe's main industries is GOVERNMENT, which is contrary to one of the most profound of the founding principles of the United States - namely, LIMITED GOVERNMENT.
SPECIFIC OBSERVATIONS
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - June 04, 2008)
[Page: S5043]
...By Mr. BROWN (for himself, Mr. DORGAN, Mr. FEINGOLD, Mr. CASEY, and Mr. WHITEHOUSE):
S. 3083. A bill to require a review of existing trade agreements and renegotiation of existing trade agreements based on the review, to set terms for future trade agreements, to express the sense of the Senate that the role of Congress in trade policymaking should be strengthened, and for other purposes; to the Committee on Finance.
Mr. BROWN. Mr. President, the goal of our trade policy should be to promote fair competition and lift up workers at home and abroad.
[THIS SOCIALIST-SOUNDING TRADE POLICY IS SYNONOMOUS WITH THE PROTECTIONIST TRADE POLICY OF THE EUROPEAN UNION].
Americans support trade that allows responsible businesses to thrive, fueling good-paying jobs and a strong, resilient economy.
But wrong-headed trade pacts following the failed NAFTA-model have betrayed middle class families across the country, destabilizing our economy and destroying communities in rural and urban areas alike.
[THE NAFTA TRADE AGREEMENT MODEL ISN'T FLAWED. RATHER, THE POLICY FAILURE IS THE ABSENCE OF A SEPARATE TAX-DEDUCTIBLE RETRAINING PROGRAM OFFERED BY COMPANIES TO DISLOCATED WORKERS . WHERE WAS THE DEMOCRATIC PARTY & THEIR IDEAS WHEN THEY WERE NEEDED MOST DURING THE 1990's??? ISN'T IT A LOT EASIER FOR THE DEMOCRATS TO NOW COMPLAIN AND SEEK RADICAL 'CHANGE' IN ORDER TO COVER-UP THEIR PAST POLICY FAILURES? WHY HAVE DEMOCRATS FAILED TO UPDATE THE POSSIBLE REEDUCATION OPPORTUNITIES THAT COULD HAVE BEEN PROVIDED TO 'OUTSOURCED' WORKERS?]
In my state of Ohio, more than 200,000 manufacturing jobs have been eliminated since 2001. Across the country, more than 3 million manufacturing jobs have been eliminated in that time.
Our failures to modernize our Nation's trade policy, to learn from our mistakes, and to respond to changing dynamics in the global arena, hurt communities like Toledo and Steubenville and Dayton.
That is why voters in my state of Ohio and across the country have sent a message loud and clear demanding a new direction, a very different direction, for our nation's trade policy.
Over the last 8 years, our approach to trade has been haphazard at best.
In the last 2 years, since voters elected candidates who support fair trade, Congress has reasserted itself in trade policy-making, with some improvements to proposed deals with Peru, Panama, Colombia, and South Korea.
We also have chosen not to grant President Bush a renewal of Fast Track.
But our approach to trade has not evolved from reactive to proactive. We have not forged a new approach to trade that is results-oriented, an approach focused squarely on the goals of economic strength, job creation, and U.S. self-sufficiency.
Not surprisingly, polls show that Americans reject current trade policy as misguided.
[THESE POLLS ARE LIKELY FICTITIOUS, CONTAINING LEADING QUESTIONS FRAMED BY PARTISAN-MINDED NONGOVERNMENTAL ENVIRONMENTAL, LABOR & CONSUMER EXTREMIST GROUPS WORKING WITH THE DEMOCRATIC PARTY, & NOT BY ORDINARY AMERICANS.]
That is because it is.
It is time to learn from our mistakes.
It is time for a change. The Trade Reform, Accountability, Development and Employment, TRADE, Act, which Senator DORGAN, Senator FEINGOLD, Senator CASEY, Senator WHITEHOUSE and I are introducing today, is a step towards that change.
This legislation will serve as a template for how to craft a trade agreement that works for workers, for business owners, for our country.
[THE OBAMA-BROWN-MICHAUD BILL'S APPROACH FOR PROTECTING U.S. COMPANIES & WORKERS FROM GLOBALIZED TRADE CLEARLY FOLLOWS THE SAME PRESCRIPTION THAT THEIR PARTY RECOMMENDS TO PROTECT U.S. COMPANIES THAT EMPLOY ALIENS IN VIOLATION OF U.S. IMMIGRATION LAWS. IN BOTH CASES, U.S. COMPANIES ARE GIVEN A PROTECTIONIST 'PASS' BY THE U.S. CONGRESS. THIS SOUNDS LIKE INTERVENTIONIST SOCIAL & ECONOMIC 'ENGINEERING'/MARKET-MAKING.]
This legislation will mandate a review of all existing trade agreements and will require the President to submit renegotiation plans for those agreements before pursuing new trade agreements.
The TRADE Act will create a committee comprised of House and Senate leaders who will review the President's plan for renegotiation.
This bill spells out standards for future trade agreements, standards based on fostering fair competition, promoting good-paying jobs, and addressing unethical behavior by multinational corporations, including the exploitation of people and natural resources in developing nations.
Trade is an exchange that relies on the integrity of its participants. We must not trade away our fundamental belief in basic human rights and our responsibility to fight the kind of exploitation that threatens vulnerable peoples and vulnerable nations.
[Page: S5044]
That is why our trade policy must not sidestep the impact of lax trade agreements and unethical corporations on developing nations.
[INSTEAD OF WORRYING SO MUCH ABOUT OTHER COUNTRIES AND THE ETHICS OF U.S. & FOREIGN COMPANIES, THE OBAMA-BROWN-MICHAUD BILL SHOULD BE CONCERNED MORE ABOUT U.S. COMPANIES, U.S.-OWNED PROPERTY RIGHTS & THE ETHICS OF U.S. CONGRESSIONAL REPRESENTATIVES & SENATORS.]
The TRADE Act also sets out criteria for a new negotiating process--one that would do away with the fundamentally-flawed Fast Track process and return power to Congress when considering our nation's trade pacts.
We take for granted our clean air, safe food, and safe drinking water. But these blessings are not by chance: they result from laws and rules that foster fair wages, protect the public health, and promote environmental stewardship.
Flawed trade policy accelerates the import o
f toxic toys, contaminated toothpaste, and poisonous pet food into this country.
It does not have to be this way.
We have a choice.
We can continue a race to the bottom in wages, worker safety, environmental protection, and health standards.
Or, we can use trade agreements to lift standards abroad--not threaten workers and consumers.
We can continue down the path of the failed NAFTA model, or we can write trade agreements that sustain and grow our Nation's manufacturing self-sufficiency, create good-paying jobs and reduce the trade deficit by providing fair and transparent market access.
[WHAT DO THE OBAMA-BROWN-MICHAUD BILL'S SPONSORS MEAN TO SAY? IS IT THEIR INTENTION TO REARRANGE INTERNATIONAL ECONOMIC AFFAIRS SO THAT U.S. COMPANIES AND FOREIGN COMPANIES WILL BE FORCED TO CHARGE U.S. CONSUMERS HIGHER PRICES FOR THEIR PRODUCTS IN ORDER TO COMPENSATE FOR THE HIGHER ENVIRONMENTAL & LABOR COSTS THEY WILL INCUR HERE & ABROAD IN ORDER TO SATISFY MORE COSTLY STRINGENT STANDARDS?]
We can forsake U.S. standards and U.S. values and ignore trade abuses in order to mass produce trade agreements, or we can write trade agreements that fulfill their promises, that hold our trading partners accountable for abiding by the rules, and that build on the hard-fought battles waged to build a strong middle class, reward good corporate citizens, preserve our natural resources, and ensure that the food and products Americans purchase are safe.
[THE EUROPEAN UNION HAS BEEN MAKING THIS ARGUMENT FOR APPROXIMATELY ONE DECADE. HOWEVER, SIGNIFICANT RESEARCH FINDINGS HAVE SHOWN THAT SUCH RHETORIC IS MERELY A COVER-UP FOR A NEW GENRE OF DISGUISED NON-TARIFF TRADE PROTECTIONISM THAT DIMINISHES INDIVIDUAL WELFARE, INDIVIDUAL LIBERTY AND INDIVIDUAL ECONOMIC & SOCIAL OPPORTUNITIES, WHILE REDUCING THE STANDARD OF LIVING AND INCREASING ITS COST FOR MOST CITIZENS. APPARENTLY, THE OBAMA-BROWN-MICHAUD BILL SPONSORS SEEK TO IMPORT INTO THE U.S. & 'RUBBER-STAMP' AS U.S. LAW, THE VERY EXPENSIVE & INEFFICIENT EUROPEAN REGULATORY LAW, STANDARDS & TRADE SYSTEMS].
We can continue to use trade deals to lock in protections for Wall Street, the drug companies, and oil companies, or we can create a predictable structure for international trade without providing corporations with overreaching privileges and rights of private enforcement that undermine our laws.
[ARE THE OBAMA-BROWN-MICHAUD BILL SPONSORS SERIOUS?? THE CONGRESSIONAL MAJORITY'S RECENT PROMOTION OF THE 'BOXER'-MODIFIED CARBON CAP & TRADE LEGISLATION (S.2191) REVEALED THEIR EFFORTS TO 'LOCK-IN' MARKET PROTECTIONS AS WELL AS OBSCENE PROFIT MARGINS FOR WALL STREET CARBON TRADERS & INSURANCE BROKERAGES. AND THROUGH PROMOTION OF THE UN LAW OF THE SEA CONVENTION, THE CONGRESSIONAL MAJORITY HAS SOUGHT TO 'LOCK-IN' PROFITS FOR OIL & GAS COMPANIES IN THE ARCTIC REGION AS A QUID PRO QUO FOR PROMOTING THE TREATY'S RATIFICATION. DOESN'T THE CONGRESSIONAL MAJORITY, INCLUDING THE OBAMA-BROWN-MICHAUD BILL SPONSORS, SEE THE HYPOCRISY HERE?]
[ARE THE OBAMA-BROWN-MICHAUD BILL SPONSORS & CONGRESSIONAL MAJORITY NOW SEEKING TO REVERSE GLOBALIZATION? EVEN THOUGH THEIR PARTY PREVIOUSLY SUPPORTED IT?? IS IT BECAUSE THEY REALLY DON'T KNOW HOW TO ADDRESS IT??]
[DON'T THE SPONSORS OF THE OBAMA-BROWN-MICHAUD BILL BEAR THE BURDEN OF PROVING/SHOWING WHY 'A CHANGE' IN U.S. TRADE POLICY IS NECESSARY? IT DOESN'T APPEAR THAT THEY HAVE SATISFIED THEIR BURDEN OF PROOF BY MERELY CLAIMING THAT A NEW 'CHANGED' TRADE POLICY IS NECESSARY. WHAT METRICS HAVE THEY PRODUCED?? HOW INCLUSIVE AND BROAD WAS THEIR SURVEY?? APPARENTLY, NOT VERY, GIVEN THAT THE OBAMA-BROWN-MICHAUD BILL REQUIRES COLLECTION OF DATA ON THE IMPACT OF TRADE. SO, IN EFFECT, THE SPONSORS OF THE OBAMA-BROWN-MICHAUD BILL CANNOT NOW MEET THIS BURDEN BECAUSE THEY LACK THE DATA.]
[IS IT THE TEXT OF THE CURRENT U.S. TRADE AGREEMENTS THAT IS TO BLAME? OR, RATHER, IS IT NOT MORE LIKELY THAT THE TEXT OF THESE AGREEMENTS IS ACCEPTABLE, BUT THAT ENFORCEMENT OF ITS TERMS HAS BEEN LESS THAN SATISFACTORY? THIS IS MORE LIKELY WHY WHY THE U.S. HAS NOT FULLY REALIZED THE PROMISED BENEFITS FROM INTERNATIONAL TRADE. THEREFORE, THE PRUDENT CHOICE WOULD NOT BE TO REWRITE THE CURRENT TRADE AGREEMENTS. THE PRUDENT CHOICE, INSTEAD, WOULD BE TO MORE VIGILANTLY ENFORCE THE TERMS OF THE CURRENT TRADE AGREEMENTS THROUGH WTO and/or ARBITRAL DISPUTE SETTLEMENT PROCEDURES. AMONG THE TRADE AGREEMENT TERMS TO BE ENFORCED ARE THOSE PROHIBITING FOREIGN COUNTRY GOVERNMENTS FROM ADOPTING & IMPLEMENTING HEALTH, ENVIRONMENT & SAFETY REGULATIONS & PRODUCT STANDARDS AS DISGUISED PROTECTIONIST TRADE BARRIERS THAT DENY MARKET ACCESS TO U.S. GOODS. THE USTR MUST ENSURE THAT FOREIGN LAWS & STANDARDS ARE BASED ON EMPIRICAL RISK ASSESSMENT, ECONOMIC COST-BENEFIT ANALYSIS & TRANSPARENCY & ACCOUNTABILITY. OTHER TRADE AGREEMENT TERMS THAT REQUIRE MORE VIGILANT ENFORCEMENT BY USTR INCLUDE THOSE RELATING TO PRIVATELY OWNED TANGIBLE & INTANGIBLE (e.g., INTELLECTUAL PROPERTY RIGHTS). U.S. FOREIGN TRADING PARTNERS SHOULD BE WARNED THAT THERE WILL NO LONGER BE A 'FREE RIDE', AND THAT U.S. PRIVATE PROPERTY RIGHTS, ESPECIALLY PATENTS, COPYRIGHTS, & TRADE SECRETS, WILL BE ENFORCED GOING FORWARD.]
Middle class families, American manufacturers and farmers, and community leaders across the country all know that we need a new direction for trade.
I am going to ask my leadership, and my caucus, to work with me on this legislation. And I look forward to working with my allies on the other side of the aisle to modernize U.S. trade policy.
[MR. BROWN REALLY MEANS TO 'PROTECTIONIZE' U.S. TRADE POLICY].
Mr. President, I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
S. 3083
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Reform, Accountability, Development, and Employment Act of 2008'' or the ``TRADE Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) CORE LABOR STANDARDS.--The term ``core labor standards'' means the core labor rights as stated in the International Labour Organization conventions dealing with--
(A) freedom of association and the effective recognition of the right to collective bargaining;
(B) the elimination of all forms of forced or compulsory labor;
(C) the effective abolition of child labor; and
(D) the elimination of discrimination with respect to employment and occupation.
(2) MULTILATERAL ENVIRONMENTAL AGREEMENTS.--The term ``multilateral environmental agreements'' means any international agreement or provision thereof to which the United States is a party and which is intended to protect, or has the effect of protecting, the environment or human health.
(3) TRADE AGREEMENTS.--
(A) IN GENERAL.--The term ``trade agreement'' includes the following:
(i) The United States-Australia Free Trade Agreement.
(ii) The United States-Morocco Free Trade Agreement.
(iii) The United States-Singapore Free Trade Agreement.
(iv) The United States-Chile Free Trade Agreement Implementation Act.
(v) The North American Free Trade Agreement.
(vi) The Agreement between the United States of America and the Hashemite Kingdom of Jordan on the Establishment of a Free Trade Area.
(vii) The Dominican Republic-Central America-United States Free Trade Agreement Implementation Act.
(viii) The United States-Bahrain Free Trade Agreement Implementation Act.
(ix) The United States-Oman Free Trade Agreement Implementation Act.
(x) The Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel.
(xi) The United States-Peru Trade Promotion Agreement.
(B) URUGUAY ROUND AGREEMENTS.--The term ``trade agreement'' includes the following Uruguay Round Agreements:
(i) The General Agreement on Tariffs and Trade (GATT 1994) annexed to the WTO Agreement.
(ii) The WTO Agreement described in section 2(9) of the Uruguay Round Agreements Act (19 U.S.C. 3501(9)).
(iii) The agreements described in section 101(d) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)).
(iv) Any multilateral agreement entered into by the United States under the auspices of the World Trade Organization dealing with information technology, telecommunications, or financial services....
------------------------------------------------------------------------------------------------
http://brown.senate.gov/imo/media/doc/TRADE%20Act.pdf
http://www.govtrack.us/data/us/bills.text/110/s/s3083.pdf
http://www.citizen.org/documents/HouseTRADEActFinal.pdf
‘‘Trade Reform, Accountability, Development, and Employment Act of 2008’’ / ‘‘TRADE Act of 2008’’
...SEC. 3. REVIEW AND REPORT ON EXISTING TRADE AGREEMENTS.
(a) REVIEW AND REPORT.—
(1) IN GENERAL.—Not later than June 30, 2010, the Comptroller General of the United States shall conduct a review of all trade agreements described in section 2(3) and submit to the Congressional Trade Agreement Review Committee established under section 6 a report that includes the information described under subsections (b) and (c) and the recommendations required under subsection (d). The review shall concentrate on the effective operation of the United States trade agreements program generally.
(2) COOPERATION OF AGENCIES.—The Department of State, the Department of Agriculture, the Department of Commerce, the Department of Labor, the Department of the Treasury, the United States Trade Representative, and other executive departments and agencies shall cooperate with the Comptroller General and the Government Accountability Office in providing access to United States Government officials and documents to facilitate preparation of the report.
(b) INFORMATION WITH RESPECT TO TRADE AGREEMENTS.—The report required by subsection (a) shall, with respect to each trade agreement described in section 2(3), to the extent practical, include the following information covering the period between the date on which the agreement entered into force with respect to the United States and the date on which the Comptroller General completes the review:
(1) An analysis of indicators of the economic impact of each trade agreement, such as—
(A) the dollar value of goods exported from the United States and imported into the United States by sector and year;
(B) the employment effects of the agreement on job gains and losses in the United States by sector and changes in wage levels in the United States in dollars by sector and year; and
(C) the rate of production, number of employees, and competitive position of industries in the United States significantly affected by the agreement.
[PRESUMABLY TO ASSESS THE POTENTIAL NEED TO INVOKE WTO ‘SAFEGUARDS’.]
(2) A trend analysis of wage levels on a year-to-year basis in—
(A) each country with which the United States has a trade agreement described in section 2(3)(A);
(B) each country that is a major United States trading partner, including Belgium, Brazil, China, France, Germany, Hong Kong, India, Ireland, Italy, Japan, South Korea, Malaysia, Netherlands, Taiwan, and the United Kingdom
[WHAT HAPPENED TO THE OTHER 20 EU MEMBER STATES?? ARE THEY GETTING A 'PASS'??];
(C) each country with which the United States has considered establishing a free trade agreement, including South Africa and Thailand;
(D) each country with respect to which the United States has extended preferential trade treatment under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) and the Andean Trade Preference Act (19 U.S.C. 3201 et seq.).
H.R. 6180 requires:
(1) An analysis of the economic impact of each trade agreement, including—
(A) the dollar value in inflation-controlled terms of goods exported from the United States and imported into the United States by sector, State, and year delineated by trade partner country;
(B) job gains and losses in the United States by sector and State;
(C) median wage levels in the United States in inflation controlled dollar terms by sector, State, and year; and
(D) an analysis of production outsourcing decisions made by U.S. companies before and after the implementation of each trade agreement and the rate of value-added production, number of employees, and competitive position of industries in the United States significantly affected by the agreement;
and
(E) Income distribution in the United States showing distribution by quintile and poverty rates for the United States.
(2) A trend analysis of wage levels...in
(B) countries who comprise the top U.S. WTO trade partners including Belgium, Brazil, China, France, Germany, Hong Kong, India, Ireland, Italy, Japan, South Korea, Malaysia, Netherlands, Taiwan, and the United Kingdom;
H.R. 6180 adds Section E:
(E) Cambodia and Vietnam.
S. 3083
(3) The effect on agriculture, including—
(A) the trend of prices in the United States for agricultural commodities and food products that are imported into the United States from a country that is a party to an
18 agreement described in section 2(3);
(B) an analysis of the effects, if any, on the cost of farm programs in the United States; and
(C) the number of farms operating in the United States and the number of acres under production for agricultural commodities that are exported from the United States to a country that is a party to such an agreement on a year-by-year basis.
H.R. 6180 adds the following analysis:
(B) An analysis of the effects, if any, on price transparency, price discovery, market concentration, and fair competition in the markets for agricultural commodities and food products that are subject to significant volumes of trade between the United States and each other country that is a party to the agreements described in Section 2(3);
S. 3083
(4) An analysis of the progress in implementing trade agreement commitments and the record of compliance with the terms of each agreement in effect between the United States and a country listed in paragraph (2).
(5) A description of any outstanding disputes between the United States and any country that is a party to an agreement listed in section 2(3), including a description of laws, regulations, or policies of the United States or any State that any country that is a party to such an agreement has challenged, or threatened to challenge, under such agreement.
(6) An analysis of the ability of the United States to ensure that any country with which the United States has a trade agreement described in section 2(3) complies with United States laws and regulations, including—
(A) complying with the customs laws of the United States;
(B) making timely payment of duties owed on goods imported into the United States;
(C) meeting safety and inspection requirements with respect to food and other products
imported into the United States; and
(D) complying with prohibitions on the transshipment of goods that are ultimately imported into the United States.
(7) A analysis of any privatization of public sector services in the United States or in any country that is a party to the an agreement listed in section 2(3), including any effect such privatization has on the access of consumers to essential services, such as health care, electricity, gas, water, telephone service, or other utilities.
(8) An assessment of the impact of the intellectual property provisions of the trade agreements listed in section 2(3) on access to medicines [TO ENSURE THAT U.S. IPRs ARE GIVEN AWAY IN THE NAME OF ALLOWING FOREIGN GOVERNMENTS TO GUARANTEE UNIVERSAL ACCESS TO MEDICINES, CONSISTENT WITH THE UNITED NATIONS WORLD HEALTH ORGANIZATION INTERGOVERNMENTAL WORKING GROUP'S COMMITTEE ON INTELLECTUAL PROPERTY & HEALTH'S DRAFT AGENDA].
H.R. 6180 adds the following:
(7) An analysis of the price of pharmaceuticals and any effect that changes in the price of pharmaceuticals has had on the access of consumers to affordable medicines in the United States or any country that is a party to the agreements listed in Section 2(3).
[TO ENSURE THAT U.S. IPRs ARE GIVEN AWAY IN THE NAME OF ALLOWING FOREIGN GOVERNMENTS TO GUARANTEE UNIVERSAL ACCESS TO MEDICINES, CONSISTENT WITH THE UNITED NATIONS WORLD HEALTH ORGANIZATION INTERGOVERNMENTAL WORKING GROUP'S COMMITTEE ON INTELLECTUAL PROPERTY & HEALTH'S DRAFT AGENDA].
H.R. 6180 adds another item of inquiry:
(8) A list of any potential concerns posed by any country that is a party to the agreements listed in Section 2(3) to the national security of the United States, including—
(A) any potential effect on the efforts of the United States to increase the energy self-sufficiency of the United States;
(B) any increase in narco-trafficking as a result of economic pressures on farmers in any such country to grow illegal crops; and
(C) any increase in poverty in any such country as a result of the displacement of workers in sectors impacted by the agreement.
[THIS SEEMS POINTED AT COLOMBIA]
(9) An analysis of contracts for the procurement of goods or services by Federal or State government agencies from persons operating in any country that is a party to an agreement listed in section 2(3).
(10) An assessment of the consequences of significant currency movements and a determination of whether the currency of a country that is a party to an agreement is misaligned deliberately to promote a competitive advantage in international trade for that country.
3 (c) INFORMATION ON COUNTRIES THAT ARE PARTIES TO TRADE AGREEMENTS.—With respect to each country with respect to which the United States has a trade agreement in effect, the report required under subsection (a) shall include information regarding whether that country—
[THERE ARE REFERENCES TO INT’L LABOR, ENVIRONMENTAL TREATY & HUMAN RIGHTS STANDARDS OF THE UNITED NATIONS, THAT MANY COUNTRIES DECLARE AS UNIVERSAL BUT DO NOT IMPLEMENT]
(1) has a democratic form of government;
(2) respects core labor standards, as defined by the Committee of Experts on the Application of Conventions and Recommendations and the Conference Committee on the Application of Standards of the [UNITED NATIONS] International Labour Organization;
(3) respects fundamental human rights, as determined by the Secretary of State in the annual country reports on human rights of the Department of State;
(4) is designated as a country of particular concern with respect to religious freedom under section 402(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1));
(5) is on a list described in subparagraph (B) or (C) of section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) (commonly known as tier 2 or tier 3 of the Trafficking in Persons List of the Department of State);
(6) has taken effective measures to combat and prevent public and private corruption, including measures with respect to tax evasion and money laundering;
(7) complies with the multilateral environmental agreements to which the country is a party;
(8) has in force adequate labor and environmental laws and regulations, has devoted sufficient resources to implementing such laws and regulations, and has an adequate record of enforcement of such law and regulations;
(9) adequately [NOT STRONGLY] protects intellectual property rights;
(10) provides for governmental transparency, due process of law, and respect for international agreements;
(11) provides procedures to promote basic democratic rights, including the right to hold clear title to property and the right to a free press; and
(12) poses potential concerns to the national security of the United States, including an assessment of transfer of technology, production, and services from one country to another.
SEC. 4. INCLUSION OF CERTAIN PROVISIONS IN TRADE AGREEMENTS.
(c) unless the trade agreement meets the requirements described in subsection (b).
(b) REQUIREMENTS.—Each trade agreement negotiated between the United States and another country shall meet the following requirements:
(1) LABOR STANDARDS.—The labor provisions shall—
(A) be included in the text of the agreement;
(B) require that a country that is party to the agreement adopt and maintain as part of its domestic law and regulations (including in any designated zone in that country), the core labor standards and effectively enforce laws directly related to those standards and to acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health;
(C) prohibit a country that is a party to the agreement from waiving or otherwise derogating from its laws and regulations relating to the core labor standards and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health;
(D) require each country that is a party to the agreement to adopt into domestic law and enforce effectively core labor standards;
(E) provide that failures to meet the labor standards required by the agreement shall be subject to dispute resolution and enforcement mechanisms and penalties that are at least as effective as the mechanisms and penalties that apply to the commercial provisions of the agreement;
(F) strengthen the capacity of each country that is a party to the agreement to promote and enforce core labor standards; and
(G) establish a commission of independent experts who shall receive, review, and adjudicate any complaint filed under the labor provisions of the trade agreement, and vest the commission with the authority to establish objective indicators to determine compliance with the obligations set forth in subparagraphs (B), (C), (D), (E), and (F).
(2) ENVIRONMENTAL AND PUBLIC SAFETY STANDARDS.—The environmental provisions shall—
(A) be included in the text of the agreement;
(B) prohibit each country that is a party to the agreement from weakening, eliminating, or failing to enforce domestic environmental or other public safety standards to promote trade or attract investment;
(C) require each such country to implement and enforce fully and effectively, including through domestic law, the country’s obligations under multilateral environmental agreements and provide for the enforcement of such obligations under the agreement;
(D) prohibit the trade of products that are illegally harvested or extracted and the trade of goods derived from illegally harvested or extracted natural resources, including timber and timber products, fish, wildlife, and associated products, mineral resources, or other environmentally sensitive goods;
(E) provide that the failure to meet the environmental standards required by the agreement be subject to dispute resolution and enforcement mechanisms and penalties that are at least as effective as the mechanisms and penalties that apply to the commercial provisions of the agreement; and
(F) allow each country that is a party to the agreement to adopt and implement environmental, health, and safety standards, recognizing the legitimate right of governments to protect the environment and public health and safety.
[THIS REQUIREMENT WOULD EFFECTIVELY WEAKEN GATT ARTICLE XX & TBT AGREEMENT REQUIREMENTS, NAMELY THAT ENVIRONMENTAL REGULATIONS & STANDARDS CANNOT BE ARBITRARY OR DISCRIMINATORY IN DESIGN OR IMPLEMENTATION, THAT THEY CAN NOT BE MORE RESTRICTIVE THAN NECESSARY TO ACHIEVE A LEGITIMATE STATE OBJECTIVE, THAT REGULATIONS & STANDARDS SHOULD, WHEREVER POSSIBLE, BE BASED ON OBJECTIVE PERFORMANCE RATHER THAN SUBJECTIVE PROCESSING CRITERIA, and THAT SUCH REGULATIONS & STANDARDS SHOULD BE BASED ON RELEVANT INTERNATIONAL STANDARDS WHEREVER POSSIBLE.]
(3) FOOD AND PRODUCT HEALTH AND SAFETY STANDARDS.—If the agreement contains health and safety standards for food and other products, the agreement shall—
(A) establish that food, feed, food ingredients, and other related food products may be imported into the United States from a country that is a party to the agreement only if such products meet or exceed United States standards with respect to food safety, pesticides, inspections, packaging, and labeling;
(B) establish that nonfood products may be imported into the United States from a country that is a party to the agreement only if such products meet or exceed United States health and safety standards with respect to health and safety, inspection, packaging and labeling;
(C) allow each country that is a party to the agreement to impose standards designed to protect public health and safety unless it can be clearly demonstrated that such standards do not protect the public health or safety;
[THIS REQUIREMENT WOULD EFFECTIVELY WEAKEN GATT ARTICLE XX & WTO SPS AGREEMENT REQUIREMENTS, NAMELY THAT HEALTH & SAFTEY REGULATIONS & STANDARDS CANNOT BE ARBITRARY OR DISCRIMINATORY IN DESIGN OR IMPLEMENTATION, ARE BASED ON 'SCIENTIFIC RISK ASSESSMENT' AND ARE ECONOMICALLY COST-EFFECTIVE, and ARE NOT MORE TRADE RESTRICTIVE THAN NECESSARY TO FULFILL A LEGITIMATE STATE OBJECTIVE ("not more trade-restrictive than required to achieve their appropriate level of…protection, taking into account technical and economic feasibility.")]
(D) authorize the Commissioner of the Food and Drug Administration (in this Act, referred to as the ‘‘Commissioner’’) and the Consumer Product Safety Commission (in this Act, referred to as the ‘‘Commission’’) to assess the regulatory system of each country that is a party to the agreement to determine whether the system provides the same or better protection of health and safety for food and other products as provided under the regulatory system of the United States;
(E) if the Commissioner or the Commission determines that the regulatory system of
such a country does not provide the same or better protection of health and safety for food and other products as provided under the regulatory system of the United States, prohibit the importation into the United States of food and other products from that country;
(F) provide a process by which producers from countries whose standards are not found by the Commissioner or the Commission to meet United States standards may have their facilities inspected and certified in order to allow products from approved facilities to be imported into the United States;
(G) if harmonization of food or product health or safety standards is necessary to facilitate trade, such harmonization shall be based on standards that are no less stringent than United States standards; and
[THIS IS NOT NECESSARILY A BAD POLICY IF U.S. STANDARDS EITHER CAN BE ESTABLISHED AS ‘RELEVANT INTERNATIONAL STANDARDS’ AT CODEX/FAO or THE U.S. COULD OTHERWISE JUSTIFY THROUGH RISK ASSESSMENT & ECONOMIC COST-BENEFIT ANALYSIS THAT ITS MORE STRINGENT STANDARDS ARE SCIENTIFICALLY & ECONOMICALLY JUSTIFIED – i.e., NO PRECAUTIONARY PRINCIPLE].
(H) establish mandatory end-use labeling of imports of milk protein concentrates.
(4) SERVICES PROVISIONS.—If the agreement contains provisions related to the provision of services, such provisions shall—
(A) preserve the right of Federal, State, and local governments to maintain essential public services and to regulate, for the benefit of the public, services provided consumers in the United States by establishing a general exception to the national treatment commitments in the agreement that allows distinctions between United States and foreign service providers and qualifications or limitations on the provision of services;
[THIS PROVISION WILL OPEN UP THE DOOR TO FOREIGN GOVERNMENTS IMPOSING ARBITRARY and DISCRIMINATORY RESTRICTIVE TRADE BARRIERS THAT DENY U.S. SERVICE PROVIDERS ACCESS TO FOREIGN MARKETS.]
(B)(i) require each country that is a party to the agreement to establish a list of each service sector that will be subject to the obligations of the country under the agreement; and
(ii) apply the agreement only to the service sectors that are on the list described in clause 15 (i);
(C) establish a general exception to market access obligations that allows a country that is a party to the agreement to maintain or establish a ban on services the country considers harmful, if the ban is applied to domestic and foreign services and service providers alike;
[THIS PROVISION WILL ENCOURAGE FOREIGN GOVERNMENTS TO FUNNEL ALL SECTORS THEY WISH TO PROTECT UNDER THE 'HARMFUL' GENERAL EXCEPTION, THUS SUBJECTING U.S. SERVICES PROVIDERS TO ANOTHER NEW BROAD MARKET ACCESS BARRIER.]
(D) require service providers in any country that is a party to the agreement that provide services to consumers in the United States to comply with United States privacy, transparency, professional qualification, and consumer access laws and regulations;
(E) require that services provided to consumers in the United States that are subject to privacy laws and regulations in the United States may only be provided by service providers in other countries that provide privacy protections and protections for confidential information that are equal to or exceed the protections provided by United States privacy laws and regulations;
[ SUBPARAGRAPHS (D) & (E) APPEAR VERY SIMILAR TO THE PRIVACY RULES IN THE EUROPEAN UNION WHICH ARGUABLY GO OVERBOARD IN CERTAIN CASES].
(F) require that financial and medical services be subject to United States privacy laws and be performed only in countries that provide protections for confidential information that are equal to or exceed the protections for such information under United States privacy laws;
(G) not require the privatization of public services in any country that is a party to the agreement, including services related to national security, social security, health, public safety, education, water, sanitation, other utilities, ports, or transportation; and
(H) provide for local governments to operate without being subject to market access obligations under the agreement.
(5) INVESTMENT PROVISIONS.—If the agreement contains provisions related to investment, such provisions shall—
(A) preserve the ability of each country that is a party to the agreement to regulate foreign investment in a manner consistent with the needs and priorities of the country;
(B) allow each such country to place reasonable restrictions on speculative capital to reduce global financial instability and trade volatility;
(C) not be subject to an investor-state dispute settlement mechanism under the agreement;
(D) ensure that foreign investors operating in the United States have rights no greater than the rights provided to domestic investors by the Constitution of the United States;
(E) provide for government-to-government dispute resolution relating to a government action that destroys all value of the real property of a foreign investor rather than dispute resolution between the government that took the action and the foreign investor;
[SUBPARAGRAPHS (C) and (E) OF THIS PROVISION WOULD EFFECTIVELY REMOVE NAFTA CHAPTER 11, WHICH PROVIDES INVESTORS WITH A PRIVATE CAUSE OF ACTION AGAINST GOVERNMENTS FOR DIRECTLY OR INDIRECTLY ILLEGALLY EXPROPRIATING THEIR INVESTMENT ASSETS & INCOME.]
(F) define the term ‘‘investment’’ to mean not more than a commitment of capital or acquisition of real property and not to include assumption of risk or expectation of gain or profit;
[THIS DEFINITION WOULD SUBSTANTIALLY LIMIT THE BROAD DEFINITION OF 'INVESTMENT' CONTAINED WITHIN NAFTA ARTICLE 1139 & OTHER U.S. BILATERAL INVESTMENT TREATIES, WHICH INCLUDES "AN ENTERPRISE, AN EQUITY SECURITY OF AN ENTERPRISE, A DEBT SECURITY OF AN ENTERPRISE, A LOAN TO AN ENTERPRISE, AN INCOME OR PROFIT SHARE INTEREST IN AN ENTERPRISE, AN INTEREST IN ENTERPRISE ASSETS UPON DISSOLUTION, REAL ESTATE OR OTHER PROPERTY, TANGIBLE & INTANGIBLE, ACQUIRED FOR BUSINESS PURPOSES OR SPECULATION, FOR THE PURPOSE OF DERIVING AN ECONOMIC BENEFIT, AND COMMITMENT OF CAPITAL OR OTHER RESOURCES TO AN ECONOMIC ACTIVITY IN A TERRITORY.]
(G) define the term ‘‘investor’’ to mean only a person who makes a commitment or acquisition described in subparagraph (F);
[THIS DEFINITION OF 'INVESTOR', AS WELL, LIMITS THE PARTIES WHO MAY CLAIM THE PROTECTIONS AFFORDED BY U.S. INVESTMENT TREATIES. NAFTA ARTICLE 1139 DEFINES 'INVESTOR' AS "A PARTY OR STATE ENTERPRISE THEREOF, OR A NATIONAL OR AN ENTERPRISE OF SUCH PARTY, THAT SEEKS TO MAKE, IS MAKING OR HAS MADE AN INVESTMENT."]
(H) define the term ‘‘direct expropriation’’ as government action that does not merely diminish the value of property but destroys all value of the property permanently;
[THE SPONSORS OF THE OBAMA-BROWN-MICHAUD BILL CONSPICUOUSLY OMITTED ANY REFERENCE TO 'INDIRECT / CREEPING EXPROPRIATION' VIA REGULATION - i.e., 'REGULATORY TAKINGS', WHICH AFFECTS FOR MORE FOREIGN & U.S. INVESTORS & PROPERTY OWNERS THAT DO 'DIRECT' EXPROPRIATIONS. THIS IS CONTRARY TO NAFTA CHAPTER 11 AND THE EXPROPRIATION PROVISIONS OF ALL U.S. BILATERAL TRADE AGREEMENTS EXECUTED SINCE. THIS SIGNIFIES HOW THE DEMOCRATS ARE IN FAVOR OF GOVERNMENTAL 'TAKINGS' OF PRIVATE PROPERTY FOR AN OSTENSIBLE 'PUBLIC USE' WITHOUT BEING REQUIRED TO MAKE PAYMENT, AS CAN BE GLEANED FROM THE U.S. SUPREME COURT DECISION IN THE KELO EMINENT DOMAIN CASE, AND FROM THE CONGRESSIONAL MAJORITY'S SUPPORT FOR BRAZIL'S & THAILAND'S 'TAKING' OF (ISSUANCE OF COMPULSORY LICENSES AGAINST) PRIVATE U.S. PATENTS TO GENEROUS FUND BRAZILIAN & THAI GOVERNMENTAL PUBLIC HEALTH PROGRAMS, WITHOUT PAYING FULL VALUE FOR SUCH PROPERTY.]
(I) not provide a dispute resolution system under the agreement for the enforcement of contracts between foreign investors and the government of a country that is a party to the agreement relating to natural resources, public works, or other activities under government control; and
[THIS SUBPARAGRAPH ESSENTIALLY OFFERS GOVERNMENTS THE OPPORTUNITY TO VOID GOVERNMENTAL CONTRACTS, OR AT LEAST SUBJECTS THEM TO UNILATERAL GOVERNMENTAL OVERRIDE
/NATIONALIZATION / 'TAKINGS' WITHOUT INVESTOR RECOURSE. WHAT IS TO DISTINGUISH UNILATERAL U.S. & VENEZUELAN GOVERNMENTAL ACTIONS, IF SUCH A PROVISION WERE ENACTED?? ]
(J) define the standard of minimum treatment to provide no greater legal rights than United States citizens possess under the due process clause of section 1 of the 14th amendment to the Constitution of the United States.
[IF MINIMUM TREATMENT IS 'NO GREATER THAN A UNITED STATES CITIZEN'S RIGHT TO PROCEDURAL DUE PROCESS OF LAW & EQUAL PROTECTION UNDER THE LAW, CONSISTENT WITH THE 14TH AMENDMENT TO THE BILL OF RIGHTS ACCOMPANYING THE U.S. CONSTITUTION, ARE NOT THE DEMOCRATS ESSENTIALLY DENYING FOREIGN AS WELL AS U.S. INVESTORS THE SUBSTANTIVE DUE PROCESS PROTECTIONS AGAINST ILLEGAL 'TAKINGS' OF PRIVATE PROPERTY WITHIN & OUTSIDE THE U.S., WITHOUT PAYMENT OF 'DUE COMPENSATION', CONSISTENT WITH THE 5TH AMENDMENT TO THE BILL OF RIGHTS?]
(6) PROCUREMENT STANDARDS.—If the agreement contains government procurement provisions, such provisions shall—
(A) require each country that is a party to the agreement to establish a list of industry sectors, goods, or services that will be subject to the national treatment and other obligations of the country under the agreement;
(B) with respect to the United States, apply only to State and local governments that specifically agree to the agreement and only to the industry sectors, goods, or services specifically identified by the State government and not apply to local governments; and
[THIS LANGUAGE HAS 'FEDERALISM'/ 10TH AMENDMENT (BILL OF RIGHTS) IMPLICATIONS INSOFAR AS STATES ARE PERMITTED TO VETO/OPT-OUT OF, & PERHAPS EVEN NEGOTIATE THEIR OWN FOREIGN COMMERCE AGREEMENTS & /OR UNILATERALLY CONDUCT/AFFECT FOREIGN AFFAIRS WHICH ART. I, SEC. 8, CL. 3 & SEC. 10; and ART. II, SEC 2., CLS. 1 & 2, OF THE U.S. CONSTITUTION EMPOWER ONLY THE PRESIDENT & CONGRESS TO DO.]
(C) include only technical specifications for goods or services, or supplier qualifications or other conditions for receiving government contracts that do not undermine—
(i) prevailing wage policies;
(ii) recycled content policies;
(iii) sustainable harvest policies;
(iv) renewable energy policies;
(v) human rights; or
(vi) labor project agreements.
[HOW ARE THESE POLICIES TO BE DETERMINED - BY WHAT SET OF INTERNATIONAL STANDARDS?? UNITED NATIONS AGENDA 21 STANDARDS, WHICH TREAT ECONOMIC MARKET ACTIVITIES AS CRIMINAL ACTIVITIES??]
(7) INTELLECTUAL PROPERTY REQUIREMENTS.—If the agreement contains provisions related to the protection of intellectual property rights, such provisions shall—
(A) promote adequate and effective [NOT STRONG] protection of intellectual property rights;
(B) include only terms relating to patents that do not, overtly or in application, limit the flexibilities and rights established in the Declaration on the TRIPS Agreement and Public Health, adopted by the World Trade Organization at the Fourth Ministerial Conference at Doha, Qatar on November 14, 2001; and
(C) require that any provisions relating to the patenting of traditional knowledge be consistent with the Convention on Biological Diversity, concluded at Rio de Janeiro June 5, 1992.
[THE OBAMA-BROWN-MICHAUD BILL'S INTELLECTUAL PROPERTY PROVISIONS WOULD ESSENTIALLY LIMIT THE AMOUNT OF COMPENSATION OWED & PAID BY A FOREIGN GOVERNMENT INVOKING THE DOHA DECLARATION ON PUBLIC HEALTH, IN THE EVENT OF THAT GOVERNMENT'S 'TAKING' OF U.S. PRIVATELY HELD PATENTS/TRADE SECRETS, TO WHAT IS SUBJECTIVELY CONSIDERED 'ADEQUATE' COMPENSATION RATHER THAN FULL, COMPLETE AND/OR FAIR MARKET VALUE-BASED COMPENSATION, AS SET FORTH IN THE WTO TRIPS & U.S. BILATERAL TRADE & INVESTMENT AGREEMENTS, CONSISTENT WITH THE PROTECTIONS AFFORDED BY THE 5TH AMENDMENT TO THE BILL OF RIGHTS; THUS IT WOULD EFFECTIVELY DENY U.S. OWNERS THEIR CONSTITUTIONAL RIGHT TO PROTECTION OF THEIR PRIVATE PROPERTY. THE BILL WOULD ALSO SUBJECT THE TREATMENT OF U.S.-OWNED PRIVATE PROPERTY TO THE MORE RESTRICTIVE RULES OF A UNITED NATIONS MULTILATERAL ENVIRONMENTAL TREATY TO WHICH THE U.S. IS NOT YET A PARTY.]
H.R. 6180 adds subparagraph D:
(D) ensure that the access of the public to essential medicines and to technologies critical to preventing climate change is not obstructed by any provision of the agreement relating to the protection of intellectual property rights.
[THIS ADDITION EFFECTIVELY IMPLEMENTS THE EXTREMIST ANTI-MARKET ENVIRONMENTAL MANDATES CALLED FOR BY THE UNITED NATIONS AGENDA 21 & THE EXTREMIST ANTI-INTELLECTUAL PROPERTY HEALTHCARE POLICIES CALLED FOR BY THE DOHA DECLARATION ON HEALTH. COLLECTIVELY, THESE EUROPEAN UNION/UNITED NATIONS-INSPIRED INITIATIVES DEMAND LESS THAN FAIR MARKET VALUE DEVELOPED WORLD TECHNOLOGY TRANSFERS TO THE DEVELOPING WORLD VIA THE SUSPENSION OF WTO TRIPS INTELLECTUAL PROPERTY RIGHT PROTECTIONS].
(8) AGRICULTURAL STANDARDS.—If the agreement contains provisions related to agriculture, such provisions shall—
(A) protect the right of each such country to establish policies with respect to food and agriculture that require farmers to receive fair remuneration for management and labor that occurs on farms and that allow for inventory management and strategic food and renewable energy reserves, to the extent that such policies do not contribute to or allow the dumping of agricultural commodities in world markets at prices lower than the cost of production;
(B) protect the right of each country that is a party to the agreement to prevent dumping of agricultural commodities at below the cost of production through border regulations or other mechanisms and policies;
(C) ensure that all laws relating to antitrust and anti-competitive business practices remain fully in effect, and that their enforceability is neither pre-empted nor compromised in any manner;
(D) ensure adequate supplies of safe food for consumers;
(E) protect the right of each country that is a party to the agreement to encourage conservation through the use of best practices with respect to the management and production of crops; and
(F) ensure fair treatment of farm laborers in each such country.
(9) TRADE REMEDIES AND SAFEGUARDS.—If the agreement contains trade remedy provisions, such provisions shall—
(A) preserve fully the ability of the United States to enforce its trade laws, including anti-dumping and countervailing duty laws and safe guard laws;
[CERTAIN U.S. ANTI-DUMPING & COUNTERVAILING DUTY RULES ARE SUPERCEDED BY THE WTO AGREEMENTS ON ANTI-DUMPING and ON SUBSIDIES & COUNTERVAILING MEASURES.]
(B) ensure the continued effectiveness of domestic and international prohibitions on unfair trade, especially prohibitions on dumping and subsidies, and domestic and international safeguard provisions;
(C) allow the United States to maintain adequate safeguards to ensure that surges of imported goods do not result in economic burdens on workers, firms, or farmers in the United States, including providing that such safeguards go into effect automatically based on certain criteria; and
(D) if the currency of a country that is a party to the agreement is deliberately misaligned, establish safeguard remedies that apply automatically to offset substantial and sustained currency movements.
(10) RULES OF ORIGIN PROVISIONS.—If the agreement contains provisions related to rules of origin, such provisions shall—
(A) ensure, to the fullest extent practicable, that goods receiving preferential treatment under the agreement are produced using inputs from a country that is a party to the agreement; and
(B) ensure the effective enforcement of such provisions.
(11) DISPUTE RESOLUTION AND ENFORCEMENT PROVISIONS.—If the agreement contains provisions related to dispute resolution, such provisions shall—
(A) incorporate the basic due process guarantees protected by the Constitution of the United States, including access to documents, open hearings, and conflict of interest rules for judges;
[THIS IS PERHAPS ONE OF THE ONLY BENEFICIAL PROVISIONS OF THIS BILL].
(B) require that any dispute settlement panel, including an appellate panel, dealing with intellectual property rights or environmental, health, labor, and other public law issues include panelists with expertise in such issues;
(C) provide that dispute resolution proceedings are open to the public and provide timely public access to information regarding enforcement, disputes, and ongoing negotiations related to disputes.
[THIS MAY RESULT IN A 'PUBLIC CIRCUS' ATMOSPHERE. PERHAPS, IT WOULD BE BETTER TO AGREE ON RELEASE OF THE INTERIM DECISION MUCH EARLIER THAN AT PRESENT, COUPLED WITH A PERIOD FOR PUBLIC INTERNET COMMENTS. ALTERNATIVELY, THERE COULD BE A 'BROADENING' OF THE 'STANDING' REQUIREMENT TO ENTERTAIN MORE AMICUS CURIAE BRIEFS.]
H.R. 6180 imposes an additional requirement:
... (C) require an expedited process for all dispute settlement panels and processes related to violations of an agreement’s labor and environmental obligations, recognizing that environmental and labor rights and the health, safety, and freedom of people and possibly irreversible damage to the physical environment are fundamentally different than property rights and thus require establishment of more expeditious timelines, together with the necessary resources for oversight and enforcement.
[THIS PROVISION WOULD ESSENTIALLY RELEGATE PRIVATE PROPERTY RIGHTS TO A LESSER STATUS THAN GOVERNMENTAL ENVIROMENT, HEALTH & SAFETY OBJECTIVES, & THUS SUBJUGATE PRIVATE PROPERTY RIGHTS TO ARBITRARY & CAPRICIOUS GOVERNMENTAL EXERCISE OF ITS POLICE POWERS. THIS COULD RESULT IN INCREASED ‘TAKINGS’ OF PRIVATE PROPERTY WITHOUT PAYMENT OF DUE COMPENSATION.]
S. 3083
(12) TECHNICAL ASSISTANCE.—If the agreement contains technical assistance provisions, such provisions shall—
(A) be designed to raise standards in developing countries by providing assistance that ensures respect for diversity of development paths;
(B) be designed to empower civil society and democratic governments to create sustainable, vibrant economies and respect basic rights;
(C) provide that technical assistance shall not supplant economic assistance; and
(D) promote the exportation of goods produced with methods that support sustainable natural resources.
H.R. 6180 adds:
(D) not promote the exportation of goods produced with the exploitation of labor or unsustainable environmental practises.
[IT IS INTERESTING HOW THE WORD ‘PRACTICES’ IS SPELLED AS ‘PRACTISES’, AN UK/ ENGLISH/ EUROPEAN SPELLING. HOW INVOLVED HAVE EUROPEAN GOVERNMENTS BEEN IN HELPING TO SHAPE THE FORMULATION AND/OR DRAFTING OF THESE BILLS?? (See p. 25, H.R. 6180). CURIOUSLY, NEITHER THE SENATE NOR HOUSE BILLS DEFINE THE TERMS ‘SUSTAINABLE NATURAL RESOURCES’ AND/OR ‘UNSUSTAINABLE ENVIRONMENTAL PRACTICES’. ARE THEY OBLIQUELY SUBJECTING U.S. LAW & PRACTICES TO THE UNITED NATIONS ENVIRONMENT-CENTRIC DEFINITION OF SUSTAINABLE DEVELOPMENT USED BY THE EUROPEAN UNION AS A FALSE PRETENSE FOR DISGUISED REGULATORY PROTECTIONISM???]
(13) EXCEPTIONS FOR NATIONAL SECURITY AND OTHER REASONS.—Each agreement shall—
(A) include an essential security exception that permits a country that is a party to the agreement to apply measures that the country considers necessary for the maintenance or restoration of international peace or security, or the protection of its own essential security interests, including regarding infrastructure, services, manufacturing, and other sectors; and
(B) include in its list of general exceptions the following language: ‘‘Notwithstanding any other provision of this agreement, a provision of law that is nondiscriminatory on its face and relates to domestic health, consumer safety, the environment, labor rights, worker health and safety, economic equity, consumer access, the provision of goods or services, or investment, shall not be subject to challenge under the dispute resolution mechanism established under this agreement, unless the primary purpose of the law is to discriminate with respect to market access.’’
H.R. 6180 ups the ante with the following additions:
(B) explicitly state that if a country invokes the essential security exception in a dispute settlement proceeding, the dispute settlement body hearing the matter shall find that the exception applies;
[THIS WOULD ESTABLISH AN IRREBUTABLE PRESUMPTION THAT U.S. & FOREIGN GOVERNMENTAL NATIONAL SECURITY CONCERNS ABSOLUTELY, AND IN ALL INSTANCES, OVERRIDE TRADE & PRIVATE PROPERTY RULES, WITHOUT PROOF OF MORE, AS REQUIRED BY GATT ARTICLE XX.]
(14) FEDERALISM.—The agreement may only require a State government to comply with procurement, investment, or services provisions contained in the agreement if the State government has been consulted in full and has given explicit consent to be bound by such provisions.
[THIS PROVISION'S VETO/OPT-OUT/ TREATY NEGOTIATION CLAUSE ARGUABLY VIOLATES ART. I, SEC. 8, CL. 3 & SEC. 10; and ART. II, SEC 2., CLS. 1 & 2, OF THE U.S. CONSTITUTION, WHICH EMPOWERS ONLY THE PRESIDENT & CONGRESS TO CONDUCT FOREIGN COMMERCE & FOREIGN POLICY.]
(c) POINT OF ORDER IN SENATE.—The Senate shall cease consideration of a bill to implement a trade agreement if—
(1) a point of order is made by any Senator against the bill based on the noncompliance of the trade agreement with the requirements of subsection (b); and
(2) the point of order is sustained by the Presiding Officer.
[THIS EFFECTIVELY ELEVATES A FOREIGN GOVERNMENT'S NONCOMPLIANCE WITH A TRADE AGREEMENT TO THE LEVEL OF A VIOLATED RULE OF THE SENATE, WHICH MAKES LITTLE SENSE. See: "point of order - A claim made by a Senator from the floor that a rule of the Senate is being violated. If the Chair sustains the point of order, the action in violation of the rule is not permitted", at: http://www.senate.gov/reference/glossary_term/point_of_order.htm ; See also: "Standing Rules of the Senate RULE XXVIII
CONFERENCE COMMITTEES; REPORTS; OPEN MEETINGS", at: http://rules.senate.gov/senaterules/rule28.php ].
(d) WAIVERS AND APPEALS.—
(1) WAIVERS.—Before the Presiding Officer rules on a point of order described in subsection (c), any Senator may move to waive the point of order and the motion to waive shall not be subject to amendment. A point of order described in subsection (c) is waived only by the affirmative vote of 60 Members of the Senate, duly chosen and sworn.
(2) APPEALS.—After the Presiding Officer rules on a point of order described in subsection (c), any Senator may appeal the ruling of the Presiding Officer on the point of order as it applies to some or all of the provisions on which the Presiding Officer ruled. A ruling of the Presiding Officer on a point of order described in subsection (c) is sustained unless 60 Members of the Senate, duly chosen and sworn, vote not to sustain the ruling.
(3) DEBATE.—Debate on the motion to waive under paragraph (1) or on an appeal of the ruling of the Presiding Officer under paragraph (2) shall be limited to 1 hour. The time shall be equally divided between, and controlled by, the majority leader and the minority leader of the Senate, or their designees.
SEC. 5. RENEGOTIATION PLAN FOR EXISTING TRADE AGREEMENTS.
The President shall submit to Congress a plan to bring trade agreements in effect on the date of the enactment of this Act into compliance with the requirements of section 4(b) not later than 90 days before the earlier of the day on which the President—
(1) initiates negotiations with a foreign country with respect to a new trade agreement; or
(2) submits a bill to Congress to implement a trade agreement.
SEC. 6. ESTABLISHMENT OF CONGRESSIONAL TRADE AGREEMENT REVIEW COMMITTEE.
(a) ESTABLISHMENT.—There is established a Congressional Trade Agreement Review Committee.
(b) FUNCTIONS.—The Committee—
(1) shall receive the report of the Comptroller General of the United States required under section 3;
(2) shall review the plan for bringing trade agreements into compliance with the requirements of 6 section 4(b); and
(3) may, not later than 60 days after receiving the plan described in paragraph (2), add items for renegotiation to the plan, reject recommendations in the plan, or otherwise amend the plan by a vote of 2⁄3 of the members of the Committee.
(c) APPOINTMENT AND MEMBERSHIP.—The Committee shall be composed of the chairman and ranking members of the following:
(1) The Committee on Agriculture, Nutrition, and Forestry of the Senate.
(2) The Committee on Banking, Housing, and Urban Affairs of the Senate.
(3) The Committee on Commerce, Science, and Transportation of the Senate.
(4) The Committee on Energy and Natural Resources of the Senate.
(5) The Committee on Environment and Public Works of the Senate.
(6) The Committee on Finance of the Senate.
(7) The Committee on Foreign Relations of the Senate.
(8) The Committee on Health, Education, Labor, and Pensions of the Senate.
(9) The Committee on the Judiciary of the Senate.
(10) The Committee on Small Business and Entrepreneurship of the Senate.
(11) The Committee on Agriculture of the House of Representatives.
(12) The Committee on Education and Labor of the House of Representatives.
(13) The Committee on Energy and Commerce of the House of Representatives.
(14) The Committee on Financial Services of the House of Representatives.
(15) The Committee on Foreign Affairs of the House of Representatives.
(16) The Committee on the Judiciary of the House of Representatives.
(17) The Committee on Natural Resources of the House of Representatives.
(18) The Committee on Small Business of the House of Representatives.
(19) The Committee on Transportation and Infrastructure of the House of Representatives.
(20) The Committee on Ways and Means of the House of Representatives.
[IT IS NICE TO SEE HOW CONGRESSIONAL COMMITTEES POSSESSING OVERSIGHT JURISDICTION WISH TO PUBLICLY INVESTIGATE CURRENT & PROPOSED U.S. TRADE AGREEMENTS; WHY DO THESE SAME COMMITTEES RESIST CALLING FOR OPEN PUBLIC HEARINGS TO INVESTIGATE THE COMPLEX ENVIRONMENTAL REGULATORY PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA WHICH THE CONGRESSIONAL MAJORITY SEEK THE U.S. ADMINISTRATION TO RATIFY???]
SEC. 7. SENSE OF CONGRESS REGARDING READINESS CRITERIA AND IMPROVING THE PROCESS FOR UNITED STATES TRADE NEGOTIATIONS.
It is the sense of Congress that if Congress considers legislation to provide for special procedures for the consideration of bills to implement trade agreements, that legislation shall include—
(1) criteria for the President to use in determining whether a country—
(A) is able to meet its obligations under a trade agreement;
(B) meets the requirements described in section 3(c); and
(C) is an appropriate country with which to enter into a trade agreement;
(2) a process by which the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives review the determination of the President described in paragraph (1) to verify that the country meets the criteria;
(3) requirements for consultation with Congress during trade negotiations that require more frequent consultations than required by the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3801 et seq.), including a process for consultation with any committee of Congress with jurisdiction over any area covered by the negotiations;
(4) binding negotiating objectives and requirements outlining what must and must not be included in a trade agreement, including the requirements described in section 4(b);
(5) a process for review and certification by Congress to ensure that the negotiating objectives described in paragraph (4) have been met during the negotiations;
(6) a process—
(A) by which a State may give informed consent to be bound by nontariff provisions in
a trade agreement that relate to investment, the service sector, and procurement; and
(B) that prevents a State from being bound by the provisions described in subparagraph (A) if the State has not consented; and
(7) a requirement that a trade agreement be approved by a majority vote in both Houses of Congress before the President may sign the agreement.
[OVERALL, THE OBAMA-BROWN-MICHAUD BILL SEEMS MORE LIKE AN ATTEMPT BY THE CONGRESSIONAL MAJORITY TO UNILATERALLY REALLOCATE THE CONSTITUTIONAL POWERS VESTED IN THE EXECUTIVE & LEGISLATIVE BRANCHES, AS CONCERNS 'TREATY-MAKING' and THE REGULATION OF 'FOREIGN COMMERCE'. THIS REFLECTS AN ONGOING 'BALANCE OF POWERS' STRUGGLE FOR AUTHORITY BETWEEN THE EXECUTIVE & LEGISLATIVE BRANCHES. WE WONDER WHETHER THE NEXT PRESIDENT WILL CHOOSE TO SIGN THIS BILL OR RATHER VETO IT, GIVEN THAT THE THE OBAMA-BROWN-MICHAUD BILL WOULD EFFECTIVELY WEAKEN THE HAND OF ANY FUTURE PRESIDENT TO EXECUTE HIS/HER TREATY POWER.]
[ALTERNATIVELY, THE OBAMA-BROWN-MICHAUD Non-Tariff Trade Barrier Act SERVES AS THE QUINTESSENTIAL TOOL FOR ENGAGING IN POLITICAL POSTURING & MISINFORMATION, IN ORDER TO INFLUENCE PUBLIC OPINION AND SECURE VOTES IN NOVEMBER 2008.]
No comments:
Post a Comment