He was questioning Robert Portman on his nomination to be US Trade Representative ('USTR') for the Bush Admin. 4/21/05
Let me give a little bit of background to the comments that I'm going to make, because I want to put them in a context. I wasn't able to be here for the hearing previously on CAFTA itself.
I've been here 22 years now, and I've always pushed hard for trade agreements. And I've supported every one of them that came through here. And I've been part of those fights. Beginning with NAFTA, I supported the Uruguay Round. I supported China PNTR. I support fast track. I supported Trade Act of 2002 and bilateral free trade agreements, including most recently Australia, Singapore and Chile.
I supported those, even in the course of the presidential race, when a lot of people were pushing in another direction because those countries, particularly, had strong regimens of enforcement, strong laws and standards with respect to their workers.
During that same time, even as I supported those, over the last five or six years, as a member of this committee, since I came on the committee, I have also consistently been warning the administration, at the end of the Clinton administration and now this administration, about the changing dynamic in the world with respect to trade and our economies, and that trade can't be looked at sort of just as trade.
It's not just trade. It's investment policies. It's fiscal policies. It's technology and research and development, and a host of other things. And it's enforcement and standards. And if those don't keep up, if you're not vigilant about them, you lose the consensus, the global consensus on which trade regimens have been built.
For five years, I've been warning about the fraying of the edges of that consensus. And I think, you know, not that it was particularly remarkable or anything, but just that it was a demarcation point in my own thinking.
I remember speaking at the World Economic Forum in Davos about four or five years ago about backlash and the threat of backlash. And the warning that, if you don't maintain the consensus, the backlash will grow. Well, it has grown.
And we are inheriting now the harvest of not having done the work that many people, Democrat and Republican alike, laid out, needed to be done to maintain that consensus. And even to look dispassionately at some of the differences between countries and standards and how we approach this.
Last year during the campaign, I said that I thought we needed to put together a commission to look at all our trade agreements and make a nonpartisan analytical judgment. What's working for us? What's not working for us? And go out and try to cure some of those things that aren't working for us.
Now, I also said that, unless things change with respect to CAFTA, I wouldn't be able to support it. Now, that was reflecting the view back in June of 2003 of our own USTR who said that there were serious problems with essential American labor laws, pledged to take action to address those problems before duplicating the labor rules of Chile and Singapore.
And Peter Allgeier testified before us as to whether the labor provisions of the Chilean and Singapore agreements would be sufficient for Central America and he said, quote, "It depends in part on what changes in their laws they make during the negotiating process." He stated that, "Frankly, the different circumstances that exist in those countries and among those countries compared to, for example, Chile and Singapore make require a different approach."
And he pledged that USTR would need, quote, "need to get those, the labor standards and the enforcement of labor rights, up to a certain level before we would find acceptable a commitment to enforce those laws." A year-and-a-half later, most of those countries have done nothing to bring their labor laws closer to the international standards.
So my first question to you is going to be -- but I want to say a few more words before that -- you know, if the model wasn't acceptable to USTR for Central America in 2003, and they haven't changed it, why should it be acceptable to the Congress now? And think that's a very legitimate question.
But what's important is to understand that the current trade regime is not working as effectively as we want it to be. You know, American manufacturing has suffered 42 consecutive months of job losses, 2.7 million jobs. We've lost a lot of them in your own state. We continue to pace record trade deficits with no sign that that's going to change. And when we were debating fast track authority in 2001, I remember issuing a warning, both to the president and to the trade rep, to use that authority carefully. And many of us asked the rep and the administration then to pay close attention to labor laws and environment standards and, indeed, to improve those standards.
President Clinton and the prior administration came to that conclusion, which is why the Jordan trade agreement embraced those standards for the first time in the four corners of the agreement. And we had a big debate. I remember Phil Gramm and I and others. There was always that ideological tension here of purity.
But it tended to have blinders on with respect to real consequences, real people, real jobs and the real economy. And that has not been addressed. Frankly, those appeals were just ignored.
Now we're presented with CAFTA, which is our largest trade challenge in a decade. And frankly, it is deeply flawed. The labor and environment standards contained in CAFTA are inadequate to deal with serious issues in the region, including pay and working conditions, violence against trade unionists, inadequate enforcement of existing laws.
CAFTA leaves our states and municipalities vulnerable to costly investor rights litigation if they act to protect the public health or the environment. A large part of the problem is that, in my judgment, CAFTA wasn't reached through this kind of consensus that we've talked about in cooperation.
And Democrats and Republicans have expressed concerns. And I think all have been sort of left out -- those considerations have been left out in the reaching of a final agreement.
And so obviously your first job is going to be to try to address these. But I think it's beyond CAFTA, frankly. And you've heard some people mention that here.
The China situation is simply unacceptable. The administration's dragged its feet on the trade deficit with China. It's causing enormous economic dislocation. And I think all of understand that good trade policy requires consensus.
I don't think your predecessor upheld the spirit or letter of the trade promotion authority as I've understood it over the 22 years I've been here. And I voted for fast track, but it was with the expectation and the promise that the administration was going to work closely with us to address these kinds of concerns.
Frankly, it's been lip service through the years. No fault of yours, but it has been a kind of lip service. And almost sort of a blinder with respect to -- just there are benefits to trade, and they're automatic, and so we flow ahead.
There's a big distinction between the economy we have today in America and the economy we had in the 1990s and also the fiscal policies of those periods of time. We were investing in R&D, investing in education, investing in infrastructure, pushing the curve with respect to new technologies and high value-added jobs. It's not happening today.
Tha t's what he said, unfiltered by any reporter. It made sense to me.