[Senate Hearing 117-659]
[From the U.S. Government Publishing Office]
S. Hrg. 117-659
NOMINATIONS OF SARAH BIANCHI, JAYME RAY WHITE, AND MELANIE ANNE EGORIN
=======================================================================
HEARING
before the
COMMITTEE ON FINANCE
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
on the
NOMINATIONS OF
SARAH BIANCHI, TO BE DEPUTY UNITED STATES TRADE REPRESENTATIVE (ASIA,
AFRICA, INVESTMENT, SERVICES, TEXTILES, AND INDUSTRIAL
COMPETITIVENESS), WITH THE RANK OF AMBASSADOR; JAYME RAY WHITE, TO BE
DEPUTY UNITED STATES TRADE REPRESENTATIVE (WESTERN HEMISPHERE, EUROPE,
THE MIDDLE EAST, LABOR, AND ENVIRONMENT), WITH THE RANK OF AMBASSADOR;
AND MELANIE ANNE EGORIN, TO BE ASSISTANT SECRETARY FOR LEGISLATION,
DEPARTMENT OF HEALTH AND HUMAN SERVICES
__________
JUNE 24, 2021
__________
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Printed for the use of the Committee on Finance
______
U.S. GOVERNMENT PUBLISHING OFFICE
51-993 WASHINGTON : 2023
COMMITTEE ON FINANCE
RON WYDEN, Oregon, Chairman
DEBBIE STABENOW, Michigan MIKE CRAPO, Idaho
MARIA CANTWELL, Washington CHUCK GRASSLEY, Iowa
ROBERT MENENDEZ, New Jersey JOHN CORNYN, Texas
THOMAS R. CARPER, Delaware JOHN THUNE, South Dakota
BENJAMIN L. CARDIN, Maryland RICHARD BURR, North Carolina
SHERROD BROWN, Ohio ROB PORTMAN, Ohio
MICHAEL F. BENNET, Colorado PATRICK J. TOOMEY, Pennsylvania
ROBERT P. CASEY, Jr., Pennsylvania TIM SCOTT, South Carolina
MARK R. WARNER, Virginia BILL CASSIDY, Louisiana
SHELDON WHITEHOUSE, Rhode Island JAMES LANKFORD, Oklahoma
MAGGIE HASSAN, New Hampshire STEVE DAINES, Montana
CATHERINE CORTEZ MASTO, Nevada TODD YOUNG, Indiana
ELIZABETH WARREN, Massachusetts BEN SASSE, Nebraska
JOHN BARRASSO, Wyoming
Joshua Sheinkman, Staff Director
Gregg Richard, Republican Staff Director
(II)
C O N T E N T S
----------
OPENING STATEMENT
Page
Wyden, Hon. Ron, a U.S. Senator from Oregon, chairman, Committee
on Finance..................................................... 1
CONGRESSIONAL WITNESS
Neal, Hon. Richard E., a U.S. Representative from Massachusetts.. 3
ADMINISTRATION NOMINEES
Bianchi, Sarah, nominated to be Deputy United States Trade
Representative (Asia, Africa, Investment, Services, Textiles,
and Industrial Competitiveness), with the rank of Ambassador,
Executive Office of the President, Washington, DC.............. 5
White, Jayme Ray, nominated to be Deputy United States Trade
Representative (Western Hemisphere, Europe, the Middle East,
Labor, and Environment), with the rank of Ambassador, Executive
Office of the President, Washington, DC........................ 6
Egorin, Melanie Anne, Ph.D., nominated to be Assistant Secretary
for Legislation, Department of Health and Human Services,
Washington, DC................................................. 8
ALPHABETICAL LISTING AND APPENDIX MATERIAL
Bianchi, Sarah:
Testimony.................................................... 5
Prepared statement........................................... 33
Biographical information..................................... 34
Responses to questions from committee members................ 45
Crapo, Hon. Mike:
Prepared statement........................................... 58
Egorin, Melanie Anne, Ph.D.:
Testimony.................................................... 8
Prepared statement........................................... 59
Biographical information..................................... 60
Responses to questions from committee members................ 70
Neal, Hon. Richard E.:
Testimony.................................................... 3
White, Jayme Ray:
Testimony.................................................... 6
Prepared statement........................................... 73
Biographical information..................................... 74
Responses to questions from committee members................ 79
Wyden, Hon. Ron:
Opening statement............................................ 1
Prepared statement........................................... 90
Communication
American Forest and Paper Association............................ 93
(III)
NOMINATIONS OF SARAH BIANCHI, TO BE
DEPUTY UNITED STATES TRADE
REPRESENTATIVE (ASIA, AFRICA,
INVESTMENT, SERVICES, TEXTILES, AND
INDUSTRIAL COMPETITIVENESS), WITH THE
RANK OF AMBASSADOR; JAYME RAY WHITE,
TO BE DEPUTY UNITED STATES TRADE
REPRESENTATIVE (WESTERN HEMISPHERE,
EUROPE, THE MIDDLE EAST, LABOR, AND
ENVIRONMENT), WITH THE RANK OF
AMBASSADOR; AND MELANIE ANNE EGORIN,
TO BE ASSISTANT SECRETARY FOR
LEGISLATION, DEPARTMENT OF HEALTH
AND HUMAN SERVICES
----------
THURSDAY, JUNE 24, 2021
U.S. Senate,
Committee on Finance,
Washington, DC.
The hearing was convened, pursuant to notice, at 10:30
a.m., via Webex, in Room SD-215, Dirksen Senate Office
Building, Hon. Ron Wyden (chairman of the committee) presiding.
Present: Senators Cantwell, Cardin, Brown, Casey,
Whitehouse, Hassan, Cortez Masto, Warren, Crapo, Grassley,
Thune, Toomey, Lankford, Daines, and Young.
Also present: Democratic staff: Sally Laing, Senior
International Trade Counsel; Virginia Lenahan, Senior
International Trade Counsel; Ian Nicholson, Investigator and
Nominations Advisor; and Joshua Sheinkman, Staff Director.
Republican staff: Kellie McConnell, Health Policy Director;
John O'Hara, Trade Policy Director and Counsel; Mayur Patel,
Chief International Trade Counsel; Gregg Richard, Staff
Director; and Jeffrey Wrase, Deputy Staff Director and Chief
Economist.
OPENING STATEMENT OF HON. RON WYDEN, A U.S. SENATOR FROM
OREGON, CHAIRMAN, COMMITTEE ON FINANCE
The Chairman. The Finance Committee will come to order. Let
me begin by apologizing to Chairman Neal and our nominees for
having to be late in starting. Every living person in the West
is essentially collectively holding their breath about the
prospect of yet more wildfires hitting all over our region, big
fires. I apologize to Chairman Neal and our guests, and I want
to welcome them.
This morning, the Finance Committee meets to discuss three
nominations for important roles in the Biden administration.
Dr. Melanie Egorin is nominated to serve as the Assistant
Secretary for Legislation at HHS. There are not many people out
there who know more about America's Federal health programs
than Dr. Egorin does, particularly Medicare. Currently a top
staff member of the Ways and Means Committee, Dr. Egorin also
served as a senior analyst at the Government Accountability
Office. This is a job that gives you a close look under the
hood when it comes to Federal programs and agencies'
experiences that will be particularly valuable to you as
Assistant Secretary.
The Finance Committee is going to do our part to keep Dr.
Egorin busy if and when she is confirmed. For example, this
committee is hard at work on legislation built around the
proposition that every American must have mental health care
when they need it. Tens of millions of Americans are living
with mental illness today. Half do not get any treatment. There
is a lot of work to be done, as the committee discussed in a
very good hearing last week.
The committee is also working to bring down costs of
prescription medicine. Americans are still getting clobbered
every time they walk up to the pharmacy window. The committee
is hard at work on expanding home and community-based services
across the country as well. So all of these issues are going to
require close collaboration between the Senate, Chairman Neal
and the Ways and Means Committee, and HHS.
Next are two nominees to serve as Deputy United States
Trade Representatives. I will begin with Sarah Bianchi, who is
a long-time member of the Biden economic team. She served in
the Office of the Vice President, the Domestic Policy Council,
the Office of Management and Budget, and here in the Senate as
a staff member. She has played a key role in developing a
strong Biden agenda focused on making the United States more
competitive in the world and giving working people a better
chance to get ahead. The breadth of her policy experience, in
my view, is going to be a big asset for Ambassador Tai and
USTR.
Finally, there is somebody named Jayme White who has been
nominated to serve as Deputy USTR. Rumor has it that he is a
familiar face here at the Senate Finance Committee. So, light
comments aside, it is a pleasure to be able to speak a little
bit about why I believe Jayme White is an excellent nominee.
And it is not just because he hails from the Pacific Northwest
and is the son of union workers at Boeing.
He has worked on trade policy for more than 20 years on
Capitol Hill. In 2019, I had the good fortune to be able to
lure him away from his job working for his hometown
representative, someone Chairman Neal knows well,
Representative Jim McDermott. Since 2014, Jayme has been the
top trade and competitiveness advisor here for the Finance
Committee Democrats.
All in all, for more than a decade I have had a front row
seat to be able to watch Jayme move every trade negotiation and
every legislative proposal in a way that is better for workers,
for the environment, and for good government. For example,
Jayme focused on strengthening America's trade enforcement long
before the topic became cool. He was the key individual
building support for the FORCE Act of 2015 and 2016. Since it
passed, Customs has used it to launch over 130 investigations
into trade cheating that undercuts high-skill, high-wage jobs,
that directly undercuts the American workers.
When the Trump administration's new NAFTA was weak on
enforcement, Jayme and Ambassador Tai worked to make huge
improvements. As a direct result of their work, USMCA raises
the bar over any trade agreement previously in terms of
enforceable commitments on labor rights and the environment.
Jayme has been a leader when it comes to setting standards
for digital trade that protect American jobs and innovation. He
has also been a champion of transparency and accountability. It
used to be--and I think Chairman Neal recalls the times as
well--when members of Congress knew less about what was going
on during trade negotiations than well-connected reporters and
industry insiders.
If members of Congress did not have much access, then the
American people were in the dark. We said then that was not
good enough, and to a great extent Jayme White is the person
responsible for changing it. Among the host of improvements,
members now have access to negotiating texts while negotiations
are happening, and pending agreements must be publicly
available for at least 60 days before they go to the Congress
for approval.
That represents real progress that this committee needs to
build on. I will just close by saying, if you have Jayme White
on your team--as my mother used to say when I was going to
basketball games and she wondered where I was going afterwards:
``Dear, make sure you are running with the right crowd.'' That
is what Jayme White's public service has been all about.
I want to thank our witnesses for joining the committee
today, and for their willingness to serve. And let me recognize
Chairman Neal for his opener.
[The prepared statement of Chairman Wyden appears in the
appendix.]
STATEMENT OF HON. RICHARD E. NEAL,
A U.S. REPRESENTATIVE FROM MASSACHUSETTS
Representative Neal. Thank you, Chairman Wyden and members
of the committee. I want to congratulate all of the nominees,
and I am quite pleased to join you today in support of the
nomination of Dr. Melanie Egorin as the Assistant Secretary for
Legislation at the Department of Health and Human Services. It
is a testament to the exceptional talents of the Ways and Means
Committee staff. And I must tell you, there is not anybody in
Washington who believes that more than I do, now that I am here
for the second time and have the pleasure of appearing before
you to introduce another esteemed member of what I call the
Ways and Means family for a position in the Biden
administration.
Dr. Egorin has served as a valued member of the Ways and
Means Committee staff for 8 years. And it is on the basis of my
personal knowledge of that service that I can, without
reservation, attest to her professionalism, diligence,
commitment, and intellect. And I encourage you all to support
her nomination.
Dr. Egorin currently serves as Deputy Staff Director of the
Ways and Means Subcommittee on Health and also serves as a
professional staff member for the Select Revenue Measures
Subcommittee. As the lead staffer covering the Affordable Care
Act policies and implementation, the Medicare Advantage
Program, private health coverage, and other health-related
issues, she has developed an incredible breadth of subject
matter expertise that will aid her in this new leadership role
at HHS.
Over the years, Dr. Egorin has spearheaded the development
of several policies that became law. But her steadfast
diligence to protect the Affordable Care Act is arguably one of
her many achievements, if not the most important, as a staff
member in her time on Capitol Hill. She possesses an undeniable
passion for ensuring that all Americans have access to
affordable, quality health care. Even when working on issues
that can invite partisan disagreements, Dr. Egorin consistently
conducts herself with integrity and respect for those who hold
different views.
She likely cultivated this even-handed professionalism
during her time as a senior analyst at the nonpartisan
Government Accountability Office. It is an attribute that will
serve her well at HHS as she works with individuals on both
sides of the aisle, both maximizing existing relationships and
developing new ones.
It is also worth noting that, in addition to her
professional responsibilities, Dr. Egorin also takes time to
mentor young Capitol Hill staff. In a quiet and meaningful way,
her commitment to cultivating the next generation of health
policy experts exemplifies her passion for her work and her
dedication to ensuring a pipeline of thoughtful leaders in the
field. I am very confident this morning that Dr. Egorin will
carry this genuine enthusiasm and sense of purpose with her to
the Department of Health and Human Services. I have no doubt
that, as usual, she will excel in her new role. She will be an
honorable and effective representative for HHS to this
Congress, and I urge this committee to advance her nomination.
And thank you, Mr. Chairman.
The Chairman. Chairman Neal, thanks so much for coming and
for your kind words about Dr. Egorin. Suffice it to say, I
probably know as well as anybody on earth that you have your
hands full these days. We look forward to talking often in the
days ahead as we tackle, particularly, the biggest economic
challenges that are in front of us. We will excuse you at this
time, and I suspect that you will be following the proceedings,
and I look forward to working with you.
Representative Neal. Thank you, Mr. Chairman.
The Chairman. We are going to have a very busy next couple
of hours, I would say to our nominees, because we have votes
scheduled. Senator Crapo, in his usual gracious way, works to
try to keep everything moving, and so it is my intention to try
to get all your opening statements in first. Then we have some
procedural kind of requirements, as you know. And let us just
go with Ms. Bianchi for your opening statement, and Mr. White
with your opening statement, and then Dr. Egorin with your
opening statement. And then we will get on with the procedures
and have questions.
So, Ms. Bianchi, welcome.
STATEMENT OF SARAH BIANCHI, NOMINATED TO BE DEPUTY UNITED
STATES TRADE REPRESENTATIVE (ASIA, AFRICA, INVESTMENT,
SERVICES, TEXTILES, AND INDUSTRIAL COMPETITIVENESS), WITH THE
RANK OF AMBASSADOR, EXECUTIVE OFFICE OF THE PRESIDENT,
WASHINGTON, DC
Ms. Bianchi. Thank you, Chair Wyden. Good morning. My name
is Sarah Bianchi, and I live in Arlington, VA with my husband
Grant Vinik, who is here with me today, and our two children,
ages 10 and 12.
I am honored to be with you here today as you consider my
nomination for Deputy United States Trade Representative with a
portfolio including Asia, Africa, and areas of services and
investments. If confirmed, I will proudly serve with a strong
team Ambassador Tai has put together to help our country emerge
stronger from the pandemic and, as President Biden says, to
build back better.
Throughout my career, as you mentioned, I focused on
increasing American competitiveness through a wide range of
domestic and economic policies. I co-led the policy process for
President Obama's 2012 State of the Union Address, which
included global tax policies and manufacturing initiatives to
boost wages and improve career opportunities for American
workers.
From 2011 to 2014, I served as the Director of Economic and
Domestic Policy for then-Vice President Biden. Our work focused
on the contributing factors and potential solutions to stop the
loss of manufacturing jobs in the United States. And I helped
lead extensive research and policy work that informed the 2014
report of the Vice President's office entitled ``Ready to Work:
Job-Driven Training and American Opportunity,'' which
identified several ways to help workers compete in today's
global economy.
As a senior advisor at the Biden Institute, I worked on
issues to make America more competitive in the global economy,
including on trade. And as a member of the Biden-Harris
transition team, I led the domestic policy response to COVID.
At the time, the pandemic was exposing the supply chain
vulnerabilities in the American economy.
I was pleased to see the administration launch a trade
strike force chaired by Ambassador Tai to combat unfair trade
practices and increase the resiliency of our supply chain. And
I look forward to supporting Ambassador Tai's work on this
critical issue.
This administration has been clear about the commitment to
making necessary investments at home and working with allies to
address challenges posed by China. We must have a coordinated
and coherent approach that restores the necessary balance to
our trade and economic relationships. All too often, the review
and development of trade policy is separated from the work of
creating a competitive economy that will last. I believe they
must be intricately linked. I share President Biden's and
Ambassador Tai's commitment to developing a worker-centered
trade policy that encourages a race to the top so that we can
build back better.
Giving workers a seat at the table will be essential as we
develop policy. Ambassador Tai said earlier this month in a
speech at the AFL-CIO that, quote, ``By bringing workers from
all backgrounds and experiences to the table, we will create an
inclusive trade policy that advances economic security and
racial and gender equity.''
Hearing workers' stories, their experiences, and
perspectives will give us a better understanding of how trade
has impacted their lives, and how we can lift up communities
and individuals that have for too long been overlooked. This
approach will also guide our review of negotiations initiated
by the previous administration. Ambassador Tai has also been
clear that any path forward will be done with consultation with
Congress. And that is exactly what members of Congress,
including those on this committee, saw firsthand with the
United States-Mexico-Canada Agreement.
USMCA is one of the most pro-worker trade agreements ever
implemented because workers had a seat at the negotiating
table. It is the new template that we must use for all future
trade agreements and negotiations. This approach is essential
to America's competitiveness in the 21st century, and it must
be part of a comprehensive vision for the United States in the
global economy.
I have been fortunate to work with leaders who care deeply
about America's workers and, if confirmed, I will work with
Ambassador Tai and the dedicated public servants at USTR to
create an inclusive trade policy that brings everyone along.
Thank you for considering my nomination, and I look forward
to answering your questions.
[The prepared statement of Ms. Bianchi appears in the
appendix.]
The Chairman. Ms. Bianchi, thank you.
Mr. White, you certainly have some sense of what is
required of you for the next 5 minutes, so please proceed.
STATEMENT OF JAYME RAY WHITE, NOMINATED TO BE DEPUTY UNITED
STATES TRADE REPRESENTATIVE (WESTERN HEMISPHERE, EUROPE, THE
MIDDLE EAST, LABOR, AND ENVIRONMENT), WITH THE RANK OF
AMBASSADOR, EXECUTIVE OFFICE OF THE PRESIDENT, WASHINGTON, DC
Mr. White. Thank you. And thank you for your kind words.
Chair Wyden, Ranking Member Crapo, and members of the
committee, I am honored to be here at the desk in front of you.
This is a special moment for me, having spent many years behind
you on the dais.
I came to Washington in 2000 to work for my hometown
Congressman, Jim McDermott. With a decade of service to
Congressman McDermott, I helped guide his work on trade policy
as a member of the House Committee on Ways and Means, and I
learned valuable lessons about how trade impacts workers.
I grew up in West Seattle, which is on the waterfront and
home to the Port of Seattle, which is a gateway of
international trade. The region is home to everything from
trains to trucks to container ships to grain containers, all of
which represent the hopes and dreams of workers, farmers, and
families.
I have never forgotten where I came from and the people I
grew up with. I am very aware of how policy made here in
Washington, DC has a direct impact on the lives of people back
in West Seattle, back in the other Washington, and around the
world. If confirmed as Deputy United States Trade
Representative, I will continue to fight for American workers,
fight for the environment, and fight for our economic future.
President Biden and Ambassador Tai have laid out a historic
new trade policy approach centered around workers.
Historically, trade, labor, and regulatory policy has been
tilted in favor of corporations and the wealthy. Workers have
not always benefited from government policy. The promises some
made regarding trade agreements often did not reach the factory
floor and wages did not go up, creating deep skepticism about
the efficacy and the approach of American trade policy.
Ambassador Tai believes we need a different approach that
gives workers a seat at the table, so their perspectives and
voices are incorporated into the policy that we develop. Recent
history shows that this approach can bear fruit. Next week
marks the 1-year anniversary of the entry into force of the
United States-Mexico-
Canada Agreement, or the USMCA.
The USMCA proved that bringing all stakeholders to the
table--labor, workers, business, and members of Congress--can
produce stronger trade agreements. The result is a bipartisan
trade agreement with overwhelming support from Congress that
includes three highlights I would like to focus on.
One, strong and enforceable labor and environmental
standards, something that a lot of us have fought for for more
than 25 years. It includes a new tool known as the rapid
response mechanism that, when used, allows us to promptly raise
concerns with the Mexican and Canadian Governments when there
are allegations of worker rights violations. As you all know,
this mechanism is derived from the hard work of Senators Brown
and Wyden. Finally, one of the highlights is that the agreement
includes necessary and long-overdue intellectual property
reforms to increase access to life-saving medications.
I worked with Ambassador Tai during the USMCA negotiations
while she worked for the House Committee on Ways and Means. We
were counterparts. When she talks about putting workers front
and center in our trade policy, it is not shallow rhetoric. It
is a genuine commitment to lift up voices in communities we do
not often hear from.
That commitment was highlighted last week when Ambassador
Tai and members of the Biden-Harris administration negotiated a
resolution with the European Union and the United Kingdom to
end the long-running Boeing-Airbus dispute. The deal suspends
the tariffs related to the dispute for 5 years and will help
American workers and American companies compete fairly while we
work with our allies to confront China and other nonmarket
economies.
Being from Seattle, this welcome news hits close to home.
But I also know that many of the workers who will benefit from
the deal are your constituents. You and your staff hear from
them frequently, and you know how difficult this dispute has
been. They should know that the deal shows how we can work with
our allies and trading partners to confront the threats of this
new age, and shape trade policies that lift up workers, lift up
people in communities that have too long been overlooked.
If confirmed, I look forward to working with all of you to
develop a worker-centered trade policy that boosts our
competitiveness and creates good-paying jobs. Together, we can
prove that trade does not need to exclude certain factions and
communities. It can be inclusive, create shared prosperity, and
help us build back better.
Thank you for considering me for this position, and I look
forward to succinctly answering your questions.
[The prepared statement of Mr. White appears in the
appendix.]
The Chairman. Mr. White, thank you.
Dr. Egorin, welcome.
STATEMENT OF MELANIE ANNE EGORIN, Ph.D., NOMINATED TO BE
ASSISTANT SECRETARY FOR LEGISLATION, DEPARTMENT OF HEALTH AND
HUMAN SERVICES, WASHINGTON, DC
Dr. Egorin. Chairman Wyden, Ranking Member Crapo, members
of the Senate Finance Committee, thank you for considering my
nomination to be the Assistant Secretary for Legislation at the
Department of Health and Human Services. I also want to thank
Chairman Neal for the gracious introduction.
It is my honor to be nominated by President Biden to serve
as the Assistant Secretary for Legislation under Secretary
Becerra. As someone who has worked for the Federal Government
on Capitol Hill and at the GAO for more than 15 years, it is
especially humbling to sit before you today.
I approach this position and our conversation with humility
and a commitment to serving the American people. I am the
daughter of a physician scientist who brought his collaborators
home for dinner, and took his children to academic meetings. I
grew up surrounded by my father and his colleagues, whose
students were working to treat and understand cancer. They
never forgot that each data point in their research was a
person with loved ones also impacted by the disease.
When I began my own career working with women with HIV, I
saw how researchers and stakeholders use evidence grounded in
the patient experience to advance policy and address health
equity. My commitment to this approach and these issues is what
brought me to Federal service, and what remains the core
principle behind my time here.
Throughout my 25-year career in health policy, the people
helped and hurt by the health-care system are my cornerstone:
my student working to complete his undergraduate degree while
caring for his elderly grandparents; the nurse visiting
Medicare beneficiaries to make their home safe; the patient
diagnosed with end-stage renal disease at 23 while serving in
the Army; the 15-year-old boy with the preexisting condition
and his mother advocating to make sure that his treatments are
covered by insurance; and the coal mine workers on the
precipice of losing health coverage. I carry their voices with
me and remember their stories when I do my work.
The role of Assistant Secretary for Legislation is a unique
intersection of responsiveness and collaboration between the
executive and legislative branches of government. Working in
Congress and GAO, I have seen firsthand how important this role
is.
If I am fortunate enough to be confirmed, I will bring my
breadth and depth of policy knowledge and experience to be as
transparent and accountable as I can. I approach policy
development and implementation from a pragmatic position that
is filled with hope and the belief that we can do better.
From my experience at GAO and my time with the Committee on
Ways and Means, I understand the importance of taking a
bipartisan, bicameral approach to policymaking, and I recognize
the importance of asking questions about current policies and
programs to build on them and improve the health of our Nation
and our health-care system.
I want to thank Chairman Neal and the members of the Ways
and Means Committee, and the numerous Representatives and
Senators who have allowed me to work on their behalf and with
their staffs to craft policies that make our health-care system
better in very large, but also very small ways.
My colleagues--the current and former Hill staff across the
aisle and across the Capitol--thank you for working with me. We
may not always agree on policy specifics, but we have
consistently found ways to move forward on behalf of the
American people.
If confirmed, I look forward to continuing to work with
members and their staff in this collaborative manner. The
Department of Health and Human Services faces a broad range of
challenges, from expanding health coverage, to caring for our
children and seniors, to supporting innovation and scientific
advancement while responding to and recovering from COVID-19,
which exposed many of the inequities I have worked to address
throughout my career.
I appreciate the opportunity that this administration has
to work with Congress to tackle these challenges in a
meaningful way. Given the impact that the Department has on the
Nation's health and economy, if confirmed, I look forward to
continuing to serve the American people.
As I conclude my testimony, I want to thank my spouse,
Brian Tarleton, for building a life together that honors what
is important to both of us, and our children Atticus and
Lorelei, for challenging me and forcing me to think about new
ideas every day. My mother, Karen Egorin Yaker, who joins me
today, and my late father, Merrill Jon Egorin, would often
admonish me and my brother that our actions reflect our
upbringing. I hope my actions to date, and if I am confirmed to
be Assistant Secretary for Legislation, will reflect their
strong belief in valuing diversity of thought and experience in
solving problems, as well as using one's knowledge, heart, and
hard work to make the world better.
Senators, I am happy to answer your questions today and, if
confirmed as the Assistant Secretary for Legislation at the
Department of Health and Human Services, for many years in the
future.
[The prepared statement of Dr. Egorin appears in the
appendix.]
The Chairman. Dr. Egorin, thank you very much for your
statement. And now I have some obligatory questions I am going
to ask of each of you before we turn to member questions.
First, is there anything that you are aware of in your
background that might present a conflict of interest with the
duties of the office to which you have been nominated? We will
just go down the row for each one of the questions, starting
with you, Ms. Bianchi.
Ms. Bianchi. No.
The Chairman. Mr. White?
Mr. White. No.
The Chairman. Dr. Egorin?
Dr. Egorin. No.
The Chairman. Second, do you know of any reason, personal
or otherwise, that would in any way prevent you from fully and
honorably discharging the responsibilities of the office to
which you have been nominated? Ms. Bianchi?
Ms. Bianchi. No.
The Chairman. Mr. White?
Mr. White. No.
The Chairman. Dr. Egorin?
Dr. Egorin. No.
The Chairman. Third, do you agree, without reservation, to
respond to any reasonable summons to appear and testify before
any duly constituted committee of the Congress if you are
confirmed?
Ms. Bianchi. Yes.
Mr. White. Yes.
Dr. Egorin. Yes.
The Chairman. Finally, do each of you commit to provide a
prompt response in writing to any questions addressed to you by
any Senator of this committee?
Dr. Egorin. Yes.
Mr. White. Yes. And I would underline ``prompt.''
The Chairman. Very good.
Ms. Bianchi. Yes.
The Chairman. As I indicated--and I appreciate all the
nominees' responses for the record--I am going to try to do
everything I can to keep this moving. It is going to be a bit
of a juggle, and I will start with my questions.
Ms. Bianchi, I understand that, if confirmed, you are going
to be responsible for China policy in your role at USTR. The
previous administration, in my view, correctly diagnosed in
some respects China's trade cheating, but it broadly applied
tariffs as a universal kind of cure-all. To date, that strategy
has not done a whole lot to change China's behavior.
The Phase One deal, for example, provided pretty marginal
improvements. China's exports continue to expand. American
workers, consumers, and businesses continue to face hardship.
All in all, it seems that Chinese companies have simply built
the tariff into their cost of doing business.
So my question to you is, if confirmed, how would you
ensure that tariffs are more targeted and more effective at
putting pressure on China to get them to actually change their
behavior?
Ms. Bianchi. Well, thank you for the question, Senator. And
I agree absolutely with the premise of your statement, that the
diagnosis was correct, but the execution was not always.
As I understand it, at the suggestion of Senator Portman,
the USTR is doing a top-to-bottom review of all of the China
policy and tariffs, and really so that we can--or the
administration can come up with a more effective strategy, both
of enforcing existing opportunities and exploring where there
are gaps, and that is something that I would look forward to
working with you and this committee and the entire
administration on, if I am confirmed.
The Chairman. Now, recognizing that the China review is
ongoing--and certainly no one can foreordain what the results
will be--will you commit to brief the committee within 15 days
on the administration's conclusion of its China review on
expected next steps, and any shift in U.S.-China policy?
Ms. Bianchi. Absolutely.
The Chairman. Thank you.
Now, as you and I have talked about, I continue to be very
concerned about China's digital practices, including censorship
and their theory of what I call ``digital sovereignty,'' the
idea that the Chinese Government can control the version of the
Internet that its citizens can access. China's views are
really, in my view, a combination of protectionism and
authoritarianism. These assaults on an open Internet not only
quell free expression in China and abroad, but in my view are
blatantly anticompetitive. The Chinese Government is notorious
for restricting access to American websites and services
through the Great Firewall, leaving space basically for their
home-grown competitors to grow. Perhaps more alarming is the
fact that other regions are following China's lead in this
hugely important economic space, which could result in a less
open, less free, less democratic Internet.
Can you talk about how the United States can work to
counter China's digital authoritarianism and anticompetitive
digital practices?
Ms. Bianchi. Absolutely. And I could not agree more with
your diagnosis. It is a real challenge for the United States, I
think. First of all, I look forward to getting into the
building and really understanding granularly some of these
types of manipulations that are currently going on, and how we
might stop them. But I also think, Senator, as we discussed,
that this is a really good opportunity to work with our allies.
And I think there is a lot of potential, in digital trade in
particular, to work with allies and to set a standard that
forces China to change some of its behavior. And that is what I
would want to work with you on.
The Chairman. One last question for you on this round, Ms.
Bianchi, and then we have the good fortune of Senator
Whitehouse being here helping with this juggling act that we
are going to be involved in over the next couple of hours--and
I thank my friend from Rhode Island for helping out in this
way.
Ms. Bianchi, let me turn to another area that is hugely
important to those kinds of opportunities for high-skill, high-
wage jobs, and that is science and technology. Millions of
Americans work in this field. It is often euphemistically
described as ``services.'' I like to translate it into what it
means for my community, and that is high-skill, high-wage jobs.
And we have millions of Americans employed in this service
sector that focuses, in my view, on things like science and
tech.
In 2019, U.S. cross-border exports of services measured
$876 billion. It generated a surplus of $287 billion. So this
is really a trampoline for revitalizing manufacturing,
reexamining our supply chains for goods, and also it is a field
unto itself. At the same time, trade in digital services and
the movement of consumer data raise a broad range of privacy,
national security, and other issues.
How do you think USTR should promote trade in science,
technology, and other services while promoting security and
privacy for all Americans?
Ms. Bianchi. That is a great question. And I think a lot of
the investments that you all are working on at a bipartisan
level up here in the Senate are an important part of leveling
the playing field and raising our own game here. I think that
we also need to look at supply chain security, and issues
around the strength of our supply chain in particular.
I was heartened to see the President's report reviewing all
of those issues and giving the USTR an important assignment
there as well, with regard to the trade strike force, which I
think is a part of, again, a comprehensive--this is something
that is administration-wide.
The Chairman. One quick question, because I am over my
time, for you, Mr. White. Tell the committee how you believe
the rapid response mechanism that you described will improve
outcomes for workers in both the United States and Mexico?
Mr. White. That mechanism is not just strictly an
enforcement mechanism. It is intended to be cooperative with
Mexico and with Canada. But the bottom line is, it is fast. It
is rapid. In the past, trade disputes have lasted for years,
and workers were left in limbo. And the rapid response
mechanism is intended to protect workers, to help workers as
quickly as possible.
And I am encouraged by the fact that there are two
investigations underway. There was some skepticism about
interagency processes, but with USTR co-leading the Interagency
Labor Group with DOL, not only have we seen that they have
launched one case, but they self-initiated the case too. So I
am encouraged by the implementation of the rapid response
mechanism.
The Chairman. So we have two cases, in effect, in motion.
Mr. White, can you commit, after the completion of the first
two cases, to briefing Congress on the actual real-world
impacts the process has for workers in Mexico?
Mr. White. Yes.
The Chairman. Very good.
Senator Whitehouse, thank you, and I am going to run.
Senator Whitehouse. Mr. Chairman, I have not voted either,
and I think we are both being summoned to the vote. Rather than
ask my questions and expect answers, if I could just take a
moment on questions for the record? I just want to alert Ms.
Bianchi that Rhode Island is the original home of the textile
industry, and I will have questions for the record for you
regarding textiles.
Mr. White, in your environment role, it is going to be very
important to us to see international ocean plastic work move
forward off the bipartisan support that we have had in the
Senate with Save Our Seas 2.0, and I will pursue those
questions for the record with you.
And, Dr. Egorin, as Medicare approaches its 2024 deadline,
delivery system reform is going to be more important than ever.
The success of Accountable Care Organizations is going to be
more important than ever, and I in particular have a subset of
that for patients nearing the end of life to provide better
support to those families and those patients that I am asking
CMMI to approve. And I will pursue that with you, again in
questions for the record, given our timing, Mr. Chairman.
The Chairman. I thank Senator Whitehouse. You've got a
sense of what we are juggling. So the committee will stand in a
brief recess until we get additional Senators back, and I thank
you all for your patience.
[Whereupon, a brief recess was taken.]
Senator Grassley [presiding]. This is an awful way to treat
you, that I am in Judiciary and then I go vote, and everybody
else goes to vote, and we do not get to hear what you tell
everybody else, or even your opening statements. So here I go.
I want to talk about Mexico, Mr. White. Last month when
Ambassador Tai appeared before the committee, I asked for her
commitment to address Mexico's failure to issue biotech import
approvals, and its decree to phase out imports of biotech corn
for human consumption.
I was pleased to see Ambassador Tai emphasize the
importance of science and risk-based regulatory approaches in
her conversations during the USMCA Free Trade Commission
meeting. As Deputy USTR, are you of the same frame of mind to
be able to commit to enforcing USMCA's SPS and biotechnology
provisions to prevent disruptions to North American grain
market and on-farm innovation?
Mr. White. Yes. And if confirmed, I look forward to working
with my potential colleagues at USTR, with Secretary Vilsack's
team at USDA, to address this issue.
Senator Grassley. Okay.
My next question is to Ms. Bianchi. Earlier this month the
Senate passed the U.S. Innovation and Competition Act that
establishes a new exclusion process for products impacted by
section 301 tariffs. The U.S. Innovation and Competition Act
will hopefully be signed by the President, but until then, U.S.
consumers and companies are being negatively impacted by these
tariffs.
My question is, it has now been over 6 months since the
President has been in office. Will you be a voice within the
administration to support retroactive extension of 301 tariff
exclusions and offer another opportunity for exclusion
applications?
Ms. Bianchi. Thanks for the question, Senator, and I know
how important the issue is, and how a lot of companies are
really feeling pain. As I understand it, there is an up-and-
down review going on over at USTR at the request of Senator
Portman, and I think that looks very much at the exclusion
process, including retroactively. So I am very curious to see
how that is going and underway, and I look forward to working
to provide the relief these companies need.
Senator Grassley. Yes. I think I have--continuing, but not
a specific question--I think I picked up some attitude within
the administration that there might not be a review of it. Can
you confirm that? Or would my----
Ms. Bianchi. Of the exclusion process? Oh, yes----
Senator Grassley. That there might be some opposition to
review.
Ms. Bianchi. My understanding, Senator, is that the up-and-
down--the top-to-bottom review on all of China very much
includes the exclusion process and will go forward very much
with an open mind. That is my understanding, obviously.
Senator Grassley. So then they could be granted again, is
what you're saying?
Ms. Bianchi. Potentially, yes; that's my understanding.
Senator Grassley. To Mr. White, lumber prices have
skyrocketed to the point of the figure we read about: a $36,000
increase in cost for a single-family home. While there have
been some improvements, most analysts are saying that lumber
will more than double its historic norms for the foreseeable
future. And now the Department of Commerce has stated that they
will increase the tariffs on softwood lumber to 18 percent,
making it even worse.
So would you agree that increasing tariffs will hurt
American consumers who are faced with markets where supply
cannot keep up with demand?
Mr. White. Thanks for the question, Senator. The softwood
lumber dispute that we have had with Canada has been decades
long. Over the course of that dispute, we have had agreements
at some time, and we do not currently have an agreement. The
challenge that I think we have is, Canada has a difficult time
with a unified position. Western provinces differ from the
Eastern provinces.
I have encouraged the Canadians over the years to come to
the table with serious proposals to review the softwood lumber
agreement. That really has to happen. American mills are within
their rights to file anti-dumping duties and to see that they
are implemented. This is an issue that I would like to see
negotiated--but to get a better softwood lumber agreement than
the one that we had previously.
Senator Grassley. My time is up. I am going to submit two
questions for answer in writing.
Senator Crapo [presiding]. Senator Warren?
Senator Warren. Thank you, Mr. Chairman.
The negotiation and enforcement of trade agreements touches
everything from jobs and wages to the quality of the air we
breathe and our ability to combat climate change. And that is
why strong labor and environmental standards should be at the
heart of every piece of our trade policy. But for decades, both
workers and environmentalists have been shut out of U.S. trade
policy, while big corporations have bought and lobbied their
way into writing trade rules. If we want trade policy to stop
undermining our workers and our environment, we need to do more
than just say the right thing every time Democrats are in
charge at USTR. We need institutional change.
Ms. Bianchi, your fellow nominee, Mr. White, is nominated
to be Deputy USTR for Western Hemisphere, Europe, Middle East,
Labor, and Environment. Meanwhile, your portfolio is Asia,
Africa, Outbound and Inbound Investment Services, Textiles, and
Industrial Competitiveness.
Ms. Bianchi, that division between the two makes it sound
like labor and environmental issues are something Mr. White
does, but that you do not. So let me ask you, are labor and
environmental issues central to every aspect of your portfolio
as well?
Ms. Bianchi. Absolutely. That is what a worker-centered
trade policy is. It is worker voices at the table in every
conversation. And I am not sure structurally why it is, but you
certainly have my commitment. And Jayme and I have discussed
this as well, that it has to be throughout. And I think that is
the commitment Ambassador Tai has made. I quoted in my opening
statement her speech to the AFL-CIO, talking about all of these
same issues.
Senator Warren. So thank you. I appreciate that. I
appreciate your commitment to elevating labor and environmental
concerns in trade policy. But I remain concerned that you will
have to work against a structure that silos labor and
environment from other issues that it clearly intersects with.
Now, Mr. White, your portfolio actually includes labor and
environment, but USTR has a poor track record of informing and
listening to labor and environmental groups. For instance, back
in 2015 USTR finalized TPP text that its own labor advisory
committee opposed and tried again in 2018 to blow past labor
concerns with the new NAFTA until congressional Democrats
insisted on stronger labor and environmental protections. This
is not surprising, given that USTR's trade advisory committees
are dominated by corporate interests.
So, Mr. White, let me ask you, do you agree that USTR
should not sign trade deals without fully consulting and
securing support from labor and environmental groups?
Mr. White. Thank you for the question. I agree with you
that labor and environment have been sidelined too long in
trade agreements, and I have fought for most of my career to
fix that, including working on the May 10th Agreement of 2007,
ensuring that that agreement was captured in 2015, and working
with Ambassador Tai on improving the USMCA by working with
labor and responding to labor and concerns by environmental
stakeholders.
So I pledge to keep elevating that issue, for sure. And I
think you are right: there has been a culture at USTR where
some issues are sidelined. We need to fix those--we need to fix
those issues for American workers.
Senator Warren. Good. Both of these issues.
You know, while it is far from enough, USTR at least has
offices and advisory committees for labor and environmental
issues. Other important considerations are simply left out of
the USTR structure altogether. It is clear that the impacts of
trade are unequally distributed. Bad trade deals like NAFTA,
and China's entry into the WTO, drove offshoring of
manufacturing, devastated communities that were reliant on
those jobs, and disproportionately harmed Black and Brown
workers. But USTR has no dedicated staff that works on equity
issues. And it does not conduct detailed analysis of how new
trade deals might impact different communities differently,
depending on their characteristics.
So, Ms. Bianchi, do you agree that regional, racial, and
gender equity issues are important for trade policy decisions;
in fact, too important for USTR not to have dedicated staff to
collect data on them and report on them?
Ms. Bianchi. I absolutely agree, and I enjoyed our
conversation yesterday on this, Senator. I think you raised a
lot of good points about how to use data to make this very
clear.
Senator Warren. Good. I very much appreciate this. You
know, if we want American families to come out ahead on trade
deals, we need to start by fixing the processes that produce
rigged outcomes. We need to make sure that corporations are not
filling all the seats at the table. Labor and environmental
groups and other representatives of the diverse American
economy need a voice at the USTR, and we need to make sure that
they have those seats today, tomorrow, and on into the future.
These would be big steps towards making trade policy work for
the American people.
Thank you very much. Thank you, Mr. Chairman.
Senator Crapo. Thank you, Senator Warren. Do we have any
Senators online with us who are at their desks, or at the
camera?
[No response.]
Senator Crapo. Hearing no one step up, I will ask my
questions. I want to just indicate that I will first ask
unanimous consent that my opening statement be entered into the
record, and I will not make the statement. And so that will be
entered into the record, and I will ask a few questions.
[The prepared statement of Senator Crapo appears in the
appendix.]
Senator Crapo. I apologize for not being here so far in the
hearing. I have been pulled away to other business, and it is
just one of those busy days.
My first question is for you, Ms. Bianchi. The
administration has said that the Trans-Pacific Partnership
agreement needs to be reevaluated, quote, ``since much has
changed in the world since TPP was originally signed in 2016.''
I am concerned that what has changed in particular is that
China stands poised to have better market access than the
United States in the region because China's Regional
Comprehensive Economic Partnership agreement, or RCEP, is
advancing toward entry into force.
What, if any, are the specific developments since 2016 that
you think have made TPP outdated? And what could be done to
update TPP disciplines in response to those developments?
Ms. Bianchi. Well, thanks for the question. And I agree
with your premise that China is in a much different place. It
is a much stronger force to be reckoned with for the United
States, and I think that means we need to double down with our
allies even more, even though that can be difficult work.
I think we have to--I am heartened to see that the
administration has already started the TIFA process with
Taiwan, but I think we need to have broad-based consultation
and work with our allies to address the situation with China.
Senator Crapo. Thank you very much, and I agree with you.
And, Mr. White, the administration continues to highlight
that one of its major achievements is the G7 agreement
regarding the global minimum tax. While there are limited
details, the G7 press release states that members will remove
digital service taxes in exchange for the reallocation of
taxing rights of global companies, in addition to implementing
a global minimum tax of 15 percent.
As you may know, I am deeply skeptical of the
administration's reliance on other countries to enact a 15-
percent global minimum tax. Critically though, I am also deeply
disappointed that none of the countries have taken any serious
action to roll back implementation or to suspend collection of
their digital services tax.
How do you think the United States should respond if our
trading partners make no effort to stop collecting the
discriminatory digital service taxes on U.S. firms?
Mr. White. Thank you for the question, Senator. There has
been a bipartisan concern for years about the DSTs. And there
has also been bipartisan support for an OECD process to come to
new terms. I look forward, if confirmed, to working with
Treasury, consulting with you, and determining ways to address
the DSTs.
Obviously, there is a backstop, the 301, that many members
on this committee supported. So that is there. But I look
forward to consulting with Treasury and USTR to see where
things actually are. I read the same press release as you did.
Senator Crapo. Would you agree that we need to insist that
the elimination of the DSTs be a part of any kind of ultimate
agreement at the OECD?
Mr. White. I cannot speak to the Biden administration, but
the DSTs are obviously discriminatory towards American
companies.
Senator Crapo. All right; thank you.
And for Dr. Egorin, I appreciate the work that you have
done on the staff of the House Ways and Means Committee and
your collaboration with Republican House and Senate staff over
the years. This kind of partnership is particularly important
during a crisis. We saw this last year when a divided Congress
and the Trump administration took decisive action early in the
year to make possible health-care innovations to mitigate the
pandemic, despite the restrictions imposed by the national
lockdown.
As we approach the end of the public health emergency,
which policy innovations do you think we should retain, and
potentially make permanent in statute, as we continue to look
at how to improve our health-care system?
Dr. Egorin. Thank you for the question, Senator. And the
work that we did bipartisanly and bicamerally last year showed
the value of working together on behalf of the American people.
I think responding to coming into and recovering from the
COVID-19 pandemic has shown many opportunities for innovation,
both in terms of how we respond to public health crises, but
also how we move forward with telehealth, with understanding
regional health-care differences, as well as access to care and
equity issues that came to the fore. And I look forward to
working as we address those, and as we take the lessons learned
to move our health-care system forward.
Senator Crapo. Well, thank you. And in the context of
working together, I will stay with you, Dr. Egorin. While we
may not always agree on certain policy solutions to the issues
in our health-care system, the primary responsibility of the
HHS ASL is to be a conduit of information between the
Department and Congress. I would appreciate it if you could
share with us how you are going to work with us in areas where
we agree, and in those where we do not agree. Will you commit
to us to always communicate in a timely, clear, and responsive
way to our inquiries?
Dr. Egorin. Senator, you have my commitment to be
responsive, to be transparent, and to be accountable, if
confirmed to be Assistant Secretary for Legislation. I have
experienced being in both the majority and the minority, in
times where the administration was of the same party and of
different parties, and there have always been challenges. So I
look forward to building and moving forward.
Senator Crapo. Well, thank you. And I think your record
shows that.
I am told that Senator Casey is with us remotely. Senator
Casey, are you there?
Senator Casey. Yes; thank you, Senator Crapo. I appreciate
this opportunity. I know everyone has been in and out today, so
I apologize for being late.
I wanted to direct a question first to Sarah Bianchi. Ms.
Bianchi, I appreciate that you raised supply chain
vulnerabilities in your testimony. We have seen too clearly,
over the last year especially, the cost of relying upon China,
which of course is a nonmarket economy, for the Nation's
critical capabilities with respect to a number of items, but in
particular personal protective equipment. And I do not think we
ever want to be in such a vulnerable position, a dependent
position, again as we were in 2020.
We have very little visibility on these vulnerabilities
that may exist with respect to production dependencies in other
sectors. The good news is, we have a group, a bipartisan group
of Senators, working on this. Senator Cornyn, Senator Stabenow,
and I have a proposal to increase visibility on vulnerable
supply chains. We want to review outbound investment of
critical capabilities to foreign adversaries and nonmarket
economies like China and focus on those countries, not every
country, in order to assess and address dependencies and
vulnerabilities in our critical supply chains.
So can you provide for me your views on this proposal and
the role it can play regarding our Nation's overall strategy to
secure supply chains for these critical capabilities?
Ms. Bianchi. Well, thanks, Senator, for the question. And I
100-percent agree. The supply chain vulnerability is something
I had the opportunity to work on around the domestic COVID
response for the transition, and the presidential transition,
and I saw firsthand really what we were up against. And we
cannot have that happen again.
I think that what the administration has done with the
executive order is also a good start. And I think your proposal
is a really interesting idea. And if I am confirmed, I would
like to understand it better. I think it raises a really
important issue on outbound investments, and I would love to
learn more about it if I am fortunate enough to be confirmed.
Senator Casey. I very much look forward to working with you
and your team. I appreciate the validation of how important
this issue is.
I will turn next to Mr. White. This is a question about
China. I do not have to restate for anyone the challenges we
face regarding China. We have to, of course, work with allies
to address many of these challenges. Many of those issues fall
within your own portfolio, including by way of countries, the
UK and then the broader EU countries.
Can you discuss how you intend to engage with our allies on
issues of mutual concern, especially in the context of China,
and how you will work with your fellow deputies to ensure
coordination with respect to engagement, and also outcomes?
Mr. White. Thank you for the question. This is an important
and very confounding issue. There are so many issues with
respect to China and over-capacity that we have to deal with.
And I am just briefly reminded of the field hearing you hosted
in Pittsburgh a few years ago on over-capacity and its effects
on steelworkers. And the turnout that you had was great, and it
was also delightful that you got a call from Secretary Ross
right before you launched the hearing to talk about the
importance of dealing with China and addressing worker problems
as a result.
President Biden has made clear that he wants to work with
our allies to deal with China. And I think there has been some
encouraging news since the administration has been in place.
Ambassador Tai, for example, has been to Europe, and there have
been some good outcomes. Boeing-Airbus is encouraging.
So I would intend, if confirmed, to consult with my
colleagues at USTR and at Commerce, and try to form alliances
and form solutions that obtain results for American workers and
address the problems we have with over-capacity, especially in
China.
Senator Casey. Well, thanks very much. Thank you, Senator
Crapo.
The Chairman. Senator Young, I gather that you are out in
cyber-space and----
Senator Young. I am indeed, Mr. Chairman. Thank you so
much.
The Chairman. Go ahead.
Senator Young. And of course, thank you to our nominees for
their willingness to serve and appear before the committee
today.
Our economic health and national security are of course
closely intertwined, and both play vital roles in constructing
parameters for trade agreements. With China's growing influence
becoming pervasive globally, the United States should be
proactive in developing trade relationships.
China's actions to isolate and manipulate countries in the
Asia-Pacific region are concerning, to say the least. And the
United States can counter this agenda by offering counsel,
support, and opportunities for trade agreements of mutual
benefit.
Ms. Bianchi, I understand that Asia will be a part of your
portfolio, if confirmed. Do you see potential in the United
States becoming more involved in the Asia-Pacific region,
particularly as it relates to establishing better trading
relationships with countries that might be susceptible to
China's unfair trade practices?
Ms. Bianchi. Absolutely, Senator. We need to be more
involved. I think that President Biden has been very clear that
we need to work more with our allies. That absolutely extends
to trade. I think I am encouraged to see that Secretary Blinken
mentioned already the importance of the relationship with
Taiwan. And I know that Ambassador Tai has met with her
counterpart there, and we are starting a TIFA process, the
administration is starting a TIFA process already with Taiwan,
and that is just one example.
I think we absolutely need to figure out how to work with
our allies to address the rising challenge of China.
Senator Young. Well, thank you. I have a related question
that pertains to digital trade. The USMCA and the U.S.-Japan
Digital Trade Agreement contain strong provisions on digital
trade that support economic growth, protect privacy, and allow
businesses to have stable access to new markets. And I noticed
that those provisions were supported in a broadly bipartisan
fashion. Tools like prohibiting forced data transfer, enforcing
cyber-theft penalties, and removing requirements on
localization are all key ways to promote integrity in digital
trade. Countries that do not adhere to these high standards end
up raising prices and lowering quality for their own citizens,
while harming American businesses.
So, Ms. Bianchi, once again maybe you could speak to the
importance of strong digital trade provisions, and whether you
believe the USMCA and the U.S.-Japan agreement took the right
approach to addressing issues surrounding digital trade?
Ms. Bianchi. Well, as you mentioned, Senator, we have had
strong bipartisan support for those agreements, so I certainly
think they provide a good model. And digital trade, absolutely
I think, is a really important place where we can work with our
allies to counter the challenge of China.
I think there is a lot of opportunity, particularly in
Asia, to build on what we have done, and to do more, I think,
is one of the top things we should be doing.
Senator Young. Well, it is my belief that we need to find
our way back into the trade game, as it were. So I am going to
now connect the two questions, the lines of inquiry. Trading
with Asian allies and partners, I think, will be very important
for the health of our economy and also our national security,
our collective security of non-CCP nations.
And so, how might we expand digital trade relationships
with countries in the Asia-Pacific region?
Ms. Bianchi. Well, I think we should, and we can. And
again, I think it is my understanding USTR has already started
a process with Taiwan. I think we need to look for other
partners. And I look forward to getting in the building and
figuring out where the state of these conversations really is,
if I am confirmed, and really trying to move that ball forward.
Because I agree with all the connectivities and the connections
you have drawn there.
Senator Young. Well, I hope you will consider me a ready
and willing partner in this particular area of public policy.
So, thanks so much.
Ms. Bianchi. Absolutely. Thank you.
The Chairman. Thank you, Senator Young, and I look forward
to working with you, particularly on that last matter of
digital trade.
Senator Daines is here. He and I, I can tell you, have our
days consumed by the fact that everybody in the West is
collectively holding their breath worried about yet another
inferno visiting their area. We will be working together on
that.
Senator Daines, you are recognized for your questions.
Senator Daines. Mr. Chairman, thank you, and thanks for
those thoughts as well. You are exactly right.
Trade, and trade with the Asia-Pacific in particular, is
critical for Montana farmers and ranchers and jobs throughout
my State. I spent a fair amount of my private-sector career,
part of it living in the region and managing the region as
well, in the software business.
Trade is also an important tool that supports both our
economy and our national security. And I really believe that
working with our allies is key to more effectively countering
China's growing influence in the region and around the world.
Ms. Bianchi, with China's growing influence in mind, and
recent announcements by Ambassador Tai and other administration
officials regarding the beginning of trade talks and
discussions with Taiwan, what will be your priorities in that
specific market?
Ms. Bianchi. That's a great question. Thank you for the
question. You know, I think it is really important that we are
starting the conversation with Taiwan, and I am really glad
that both Secretary of State Blinken, Anthony Blinken, and
Ambassador Tai have made this a priority. I think I would not
want to prejudge it before getting in the building, if I am
confirmed, to really see where those talks are, but I think
there are a lot of things we can look at, whether it is digital
trade, whether it is some of the digital services taxes that
are concerning, but I think we have to look at all the issues.
Senator Daines. So, as soon as you begin engagement with
Taiwan, you are going to get pushback from the PRC.
Ms. Bianchi. Yes.
Senator Daines. How will you respond to the pushback you
are going to get from the PRC?
Ms. Bianchi. Well, I think we just have to be strong. And
we have to get our other allies in the region as well to be
supportive. I think we need to engage all the countries, but
100 percent I think we have to move forward. It is critical.
Senator Daines. Yes. And count me as one who, at the time,
supported TPP. I believed that multilateral approach was very
strategic as it relates to how we think about China and engage.
I want to talk about India for a moment. Montana is our
Nation's number one producer of pulse crops. India is a
critically important market for our Montana farmers, and
unfortunately the U.S. pulse crop, as you know, faces
significant tariffs and barriers to trade.
Ms. Bianchi, would you commit to engaging with your Indian
counterparts to help level that playing field for U.S. pulses
as well as other ag commodities in the India market?
Ms. Bianchi. Absolutely. I look forward to working with you
on that.
Senator Daines. Likewise. As India is also an important
counterweight, I believe, to China in the Indo-Pacific region,
what are the challenges and opportunities we might see in that
market?
Ms. Bianchi. In the India market?
Senator Daines. Yes.
Ms. Bianchi. Yes, I think--well, certainly I know it is
incredibly important for agricultural and other exports. But I
know we have also seen challenges, for example on digital
services taxes. And that is something that--you know, there are
a lot of complexities of that relationship.
Senator Daines. You know, the innovation ecosystem that
India is building out is something we ought to keep an eye on
too. Their digital--their cryptocurrency transaction is orders
of magnitude greater than anybody else in the world recently.
Ms. Bianchi. Right.
Senator Daines. So they are out in front in a lot of areas.
So they are sometimes an under-rated power there and an ally
that we can work closely with.
Mr. White, American energy independence has not only helped
to ensure our domestic national security, it has also helped
our allies in Europe. For example, LNG exports from the United
States to the EU have risen steeply since that Trump junker
agreement, with an estimate of 36 percent of U.S. LNG exports
in 2019 going to the EU.
Do you believe that it's in the interest of the United
States and Europe to increase LNG and energy trade?
Mr. White. Thank you for the question. It is an important
one, and it has been a topic of discussion for several years as
we have begun, in the States, to develop infrastructure to
allow for the export of LNG.
My understanding is it is the Department of Energy that
decides whether LNG exports are approved. And they have
criteria. If confirmed, I will work with the USTR and work with
DOE to see how they are implementing the Natural Gas Act, and
how they are promoting the export of LNG.
Senator Daines. Well, sadly, the Russians have Europe
addicted to their energy. It is clearly in our best interests,
and it just shocked many of us when the President canceled the
Keystone XL Pipeline that reduced CO2 emissions. It
was a huge win for our rural communities. We can talk about all
the benefits here with the time I have, but at the same time he
green-lights the Nord Stream 2 pipeline. If there has ever been
a win for Putin, it was that. And it has been a great
disappointment, frankly, and I think, strategically, a major
mistake.
Lastly, Mr. Chairman, Trade Promotion Authority is set to
expire soon. I believe it is important for the administration
to pursue negotiations to reduce barriers to trade and open
important markets. And I believe it is critical that we
reauthorize TPA. I support that and look forward to working
with both my colleagues on this committee and with you all here
at the table, if you are confirmed, to get that done. Thank
you.
The Chairman. Thank you, Senator Daines. And we will be
addressing those TPA issues.
Next is Senator Cortez Masto.
Senator Cortez Masto. Thank you----
The Chairman. If she is out there.
Senator Cortez Masto. I am here.
The Chairman. Thank you. Good.
Senator Cortez Masto. Thank you, Mr. Chairman. I hope you
can hear me, okay.
The Chairman. Yes.
Senator Cortez Masto. Thank you to the panelists.
Congratulations on your nominations. Let me start on the trade
side first, Ms. Bianchi, on the 301 tariff.
And let me just say, we have had two other committee
hearings going on, so you may have already addressed the
question, and so please excuse that, but I was not here to hear
your response as I was at the other two committee meetings.
But let me just put this in perspective. The 301 tariffs in
Nevada have had an impact on our businesses, our workers, and
our families, particularly on the heels of also grappling with
COVID-19 and the impact it has had across the State.
Now, I share the administration's strong commitment to
holding China accountable for its unfair trade practices, and
its efforts to craft a robust strategy to confront the broader
Chinese behaviors. Clearly this is an important issue across
the country, and that is why the Senate voted 91-4 on a trade
package in the U.S. Innovation and Competition Act with strong,
clear language on 301 exclusions.
I have to say, I appreciated Ambassador Tai for appearing
before the Senate when she stated that USTR actively was doing
this and would provide more details as soon as they can.
So, Ms. Bianchi, can you speak to where USTR is in its
review and decision process on 301 tariffs and exclusions?
Ms. Bianchi. Well, thank you for the question, Senator, and
I really appreciate that this is a challenge for many
businesses in Nevada and throughout the country. And so I
appreciate that.
As I understand it, at the request of Senator Portman there
is a top-to-bottom review of all China trade issues, including
the exclusion process, which is very important, as Ambassador
Tai communicated. And if confirmed, I really want to understand
exactly where the state of that review is and look forward to
reporting back as quickly as we can, because I know how
important it is.
Senator Cortez Masto. I appreciate that, and thank you.
Mr. White, 232 tariffs. I continue to hear the same thing
from businesses in my home State about the impact that some of
the tariffs are having on their industry. What are your
thoughts on the path forward for 232? How do you plan to work
with Congress on that, if nominated?
Mr. White. Thank you for the question. I have heard
firsthand from constituents from Oregon about their concerns as
to how the 232 process has been implemented. The goal behind
the 232 was well-intended, but I think the execution of the 232
tariffs has been poor.
And if confirmed, I look forward to working with my
potential colleagues in Commerce, in consultation with the USTR
and the White House, to have more of a program that has more
integrity behind it.
Senator Cortez Masto. Thank you. I appreciate the answer.
Dr.--is it E-gor-an? Is that the right pronunciation?
Dr. Egorin. It is, Senator.
Senator Cortez Masto. Thank you. You will be responsible
for coordinating policy across HHS divisions. I am curious how
you will ensure that materials for the Hill are reflective of
cooperation across those divisions. And then also, how can the
Hill best engage the administration early in the process?
Dr. Egorin. As you are aware, the executive branch is wide-
reaching, and often a lot of the work that is done within the
Department of HHS is coordinated across departments, and that
sometimes leads to challenges in being responsive and timely.
It is my commitment to be responsive, to work with my
colleagues to make sure that information is returned, through
technical assistance and other responses, in a timely fashion.
In terms of working in a more proactive position, having
worked at the Committee on Ways and Means, and with members of
the Senate for almost a decade, I recognize the frustration of
getting technical assistance late in the process after policy
conversations have already begun. So I look forward to working
with members and their staff earlier to make sure that policy
objectives of the legislative branch are included and
understood as we move forward on technical assistance.
Senator Cortez Masto. Thank you. I appreciate your comments
today. Congratulations again, as the nominee.
The Chairman. Thank you, Senator Cortez Masto, and I look
forward to working with you on important issues like 232. Your
leadership is much appreciated.
Next is Senator Toomey.
Senator Toomey. Thank you, Mr. Chairman.
I think I am going to direct this to Mr. White. During the
passage and consideration of USMCA, I had a lot of concern
about the potential for the rapid response labor mechanism to
essentially be weaponized and have a negative impact on
American workers and American employers. And I was told not to
worry about that, this will only apply to Mexican entities.
Well, now it seems that my fear has been proven to be
justified. We, right now, have two U.S. companies that I am
aware of, including one of my constituents--that constituent
has almost 1,000 employees in the U.S., and they are caught up
in this labor enforcement mechanism problem. Specifically, they
are accused of a denial of rights in the Mexican plant.
They do not believe that they have engaged in any denial of
rights, but if they inadvertently have done so, they want to
resolve the problem quickly. Here's the problem. There is no
way they can. These companies are not being provided any of the
details about the allegations. A tip was called in privately on
a USTR DOL hot line. The USTR and DOL investigated, and
apparently they have determined that there is sufficient
credible evidence to support the tip, but neither we nor the
company have any idea what the actual allegation is, much less
any evidence to support the allegation.
This is unbelievable. I mean, the only indication that
exists at all about the nature of the complaint is what the
complaining union has voluntarily released. So the USTR has
this denial of rights allegation information. The Mexican
Government has it. The unions have it. The only party in this
whole dispute left completely in the dark is the company being
accused. And you know, they face reputational damage, maybe
financial implications, if this ends up blocking their ability
to import their products to their American facilities, which
jeopardizes the jobs of those American workers.
This is completely one-sided. And I am very concerned that
this mechanism is not giving the accused party any opportunity
to either defend themselves or correct the problem, if there is
one.
So, Mr. White, my question is this. My understanding is
that, as the Deputy U.S. Trade Rep for North America and Labor,
you will be responsible for overseeing the rapid response labor
mechanism. And I would hope we can agree that the rapid
response labor mechanism should lead to resolving the denial of
rights accusations as quickly as possible, and ideally it would
be through a settlement where this is resolved prior to going
through a big, costly adjudication process. But in order for
that to happen, obviously the accused needs to know what they
are being accused of.
So do you agree that the facility who has had a complaint
filed against it has a right to be informed of the details of
the complaint?
Mr. White. Thank you for the question. I had a hand in
helping to shape the rapid response mechanism, and there are
consequences under the mechanism that are there to protect
American workers. But the whole mechanism was designed to
resolve issues, not to have enforcement actions, but to
cooperate--well, to first investigate and cooperate with Mexico
and the facility----
Senator Toomey. Yes. I've got very little time left and I
do have another question, so I would be very grateful if you
could just get to the heart of whether the accused has a right
to know what they are accused of.
Mr. White. If confirmed, I would work with my USTR
colleagues to learn more about the details of this particular
investigation, and I am happy to come back and report to you as
to what----
Senator Toomey. As a general matter, does it sound
reasonable that someone accused of something should know what
they are accused of?
Mr. White. If someone is being investigated--I don't know
the answer to that question.
Senator Toomey. Okay, that is worrisome because, you know,
they have all kinds of risk and they have no way to manage it.
Let me ask you a follow-up question. One of the concerns is
the possibility that--and I think the U.S. Trade Rep has
indicated that this mechanism, this rapid response labor
mechanism, may be used to address supposed denials of rights
that happened prior to the USMCA entering into force.
Is it your understanding that USMCA authorizes the USTR to
use this mechanism in an ex post facto basis to deal with
allegations of denials that supposedly happened prior to the
adoption of the USMCA?
Mr. White. I think it is warranted to have an investigation
as to what is going on currently. And if there is evidence that
there was a denial of rights previously, and that is the test
of an investigation into what is going on in the facility
currently, it seems warranted.
Senator Toomey. Yes, but what I am asking is, if there is a
violation that is alleged to have occurred in the past and is
not ongoing, is it the business of the USTR to use this
mechanism under USMCA to deal with this historical violation?
Mr. White. Well, if the issue was resolved, that is what
the investigation would show.
Senator Toomey. Okay. Well, I hope that is the way it plays
out. I do have some concerns about this.
I thank you, Mr. Chairman.
The Chairman. The time of the gentleman has expired.
Next is the Senator from Ohio, Senator Brown, who has been
such a strong advocate for working people for so many years,
and I believe Senator Brown is out there in cyberspace.
Senator Brown. I am here.
The Chairman. And I also want to tell Senator Lankford, who
has been very patient, we are going in order of entry, and I
hope we will be able to recognize you very soon.
Senator Brown?
Senator Brown. Thank you very much, Mr. Chairman. Thanks to
Ms. Bianchi and Mr. White. Thank you for your willingness to
serve in this new USTR. And I say ``new USTR'' in a very
complimentary, enthusiastic way. And, Dr. Egorin, thank you for
the missive from Minsk. I appreciate that too--and I think only
she and my staff know what that means, but thank you for that.
For the first time in memory--for the first time in memory,
we finally have an administration that puts workers at the
forefront, at the center of our trade policy. Ambassador Tai
was with me a few weeks ago in Cleveland on a remote with
workers around Ohio--a roundtable actually--to listen to Ohio
workers. And that is where you start on a trade policy: you
listen to workers and put them at the center of the trade
policy. And I am so thankful to the chairman and his then-
assistant Mr. White for the work that they did on Brown-Wyden,
the difference that is already making for workers.
I know there is always resistance in this body to putting
workers first, even to acknowledging workers, except when it
comes to election time and talking about how much workers like
candidate A or candidate B. But I am so appreciative of Senator
Wyden's work, Chairman Wyden's work. And we know that workers
are our greatest asset. They build the country and have built
the country.
I have worked on bipartisan legislation with Senator
Portman called Level the Playing Field, and we teamed up again
to introduce a bipartisan Level the Playing Field 2.0 to
strengthen U.S. trade remedy laws that address the new unfair
trade practices we have seen. Businesses and workers know too
well what happens to their jobs when we have a tax policy and
trade policy that encourages shutting down production in
Sandusky or Mansfield or Toledo, and collecting tax breaks,
moving overseas, taking advantage of workers, taking advantage
of weak or nonexistent or nonenforced environmental laws. And
we know what happens to our country.
So I would like to start and ask the Deputy U.S. Trade Reps
a simple ``yes'' or ``no'' question. Do you believe that
understanding when and where trade hurts specific workers and
communities within the United States should be central to any
potential trade agreement, yes or no? Ms. Bianchi?
Ms. Bianchi. Yes.
Senator Brown. And, Mr. White?
Mr. White. Yes.
Senator Brown. Okay; thank you. Do you believe we have done
a good job as a country of understanding these costs for
workers, and costs to entire communities and regions of the
country in the past?
Ms. Bianchi. No.
Senator Brown. Thank you.
Mr. White?
Mr. White. No.
Senator Brown. Thank you. As I said at the beginning, it is
a new day in the USTR with Ms. Tai and Ms. Todd and Mr. White
and Ms. Bianchi, and Dr. Egorin, and what that is going to mean
for this country.
The last question--a supplement to it. If called on, would
any or all of you be willing to come to Ohio to meet with
workers so you really understand? There is my favorite Abraham
Lincoln story. He was in the White House, and the staff wanted
him to stay there, win the war, free the slaves, and preserve
the Union. And Lincoln said, ``I've got to go out and get my
public opinion bath,'' because he knew what he was to the
people. He was a better President.
So my question is--how can you say ``no'' after this?--when
called on, would you come and meet with Ohio workers from
Ashtabula to Cincinnati, from Toledo to Steubenville, all three
of you? Dr. Egorin?
Dr. Egorin. Senator, it would be my honor to come to Ohio.
Senator Brown. Thank you.
Mr. White?
Mr. White. Yes, and I have a feeling the follow-up question
will be, will you drive through Delaware and Pennsylvania on
your way?
Senator Brown. Not my follow-up question. [Laughter.]
Ms. Bianchi?
Ms. Bianchi. Absolutely.
Senator Brown. Thank you.
That's all I have, Mr. Chairman. Thanks, Mr. Chairman, for
your role, your absolutely affirmative, important, crucial role
in centering U.S. trade policy around workers. It is really a
new day in my entire career, and I am thrilled with this panel
and the work that they are going to do for our country. Thank
you.
The Chairman. Thank you, Senator Brown.
Senator Lankford, I am going to take about 15 seconds to
just respond in terms of where we are.
Senator Brown, as you know, one out of four jobs in my home
State revolves around international trade. And the trade jobs
often pay better than do the non-trade jobs. And working with
you has been particularly helpful in showing that you can be
both pro-trade and pro-enforcement, and that the two are not
mutually exclusive. You can do both. So I appreciate my
colleague's leadership.
Senator Lankford?
Senator Lankford. Thank you, Mr. Chairman.
Can you two pass on my gratitude to Ambassador Tai as well,
on working with Taiwan and taking the next step in that? And I
hope that you will continue to be able to work on the free
trade agreement with Taiwan in the days ahead.
I do want to ask both of you a question on this initially.
And this deals with our relationship with China and what is
happening currently. Obviously, we are selling a lot of
commodities to China, but I have a concern because I am not
hearing USTR talking about a brand new trade agreement. And I
continue to bring up what new trade agreements we are going
after. What new countries? And when we sell to China, the more
that we are exposed to China, if China ever decides they are
not going to buy this product now, our commodity prices
collapse in the United States.
So we are very exposed to them, pending new trade
agreements in other places. What is your plan to go out and
pursue new trade agreements in new countries?
Ms. Bianchi. Well, thanks for the question. It is really
important. I look forward to getting into the building, if I am
confirmed, and figuring out where those conversations are, and
figuring out where the most fruitful opportunities exist.
I think the progress in Taiwan is important. And there are
other countries that will be similarly situated.
Senator Lankford. Mr. White?
Mr. White. I agree with your sentiment. We have to do all
we can to open up foreign markets to American exports,
services, agriculture, manufactured goods. I think that
sentiment is shared by this new administration.
In terms of which agreements, I know there are reviews
going on. There is a review going on as to where things stand
with the U.S.-UK negotiations. But I think you are absolutely
right, both in terms of the economics and in terms of our
competition with China, that it is important to be in the game
and be fighting for more open markets for American products.
Senator Lankford. Mr. White, if confirmed, how would you
engage with the issue of Iran and current sanctions there,
based on their terrorist activities?
Mr. White. Thanks for the question. It is a really
important one. I, if confirmed, would look forward to working
with my USTR colleagues, Treasury, and the Department of State
to find the best way forward on Iran to support those efforts.
Senator Lankford. What would you consider your role in that
conversation, when asked?
Mr. White. What the trade aspects are, and what this
committee thinks.
Senator Lankford. What about the other nations and how they
are doing trade with Iran based on sanctions that currently
exist?
Mr. White. The answer is the same. I would want to consult
with Treasury and State to find the most effective, strategic
way to deal with Iran.
Senator Lankford. Let me follow up on a question that
Senator Daines started with you about the export of natural
gas. That has been exceptionally important, and the Obama
administration and the Trump administration were both very
aggressive in working on the export of natural gas, not only
because it is an American commodity that is great to be able to
sell in the world market, it is obviously a climate change
shift as well to be able to provide cleaner-burning natural gas
all around the world. There was a lean forward in both the
Obama administration and the Trump administration to look for
new markets to be able to sell natural gas to. You had
mentioned before to him that that is for the Department of
Energy to determine, and that is correct on this, to do the
final release, but USTR is very dependent on finding new
markets.
Would you be aggressively pursuing new markets for natural
gas?
Mr. White. If confirmed, I will want to work with my
colleagues at USTR, and the Department of Energy and others,
and work with you to determine the best way forward on LNG
exports.
Senator Lankford. Okay, the----
Mr. White. And I know how much--I agree with you and what
you have said. There was a lot of leaning in in recent years,
and it has been an issue in Oregon, and an issue elsewhere--not
a bad issue, it has just been a topic--but, if confirmed, I
will consult with them and with you.
Senator Lankford. I am just trying to figure out how you
are going to counsel people to say this is a commodity that we
have to sell, just as we have soybeans and other things to be
able to put on the market. That is a part of a dialogue. It is
not just an ``I'll consult with other folks.'' You are out
actually doing the negotiation and engaging in this. This is
one of the commodities that you are going to actually
aggressively say, ``We have a product that you should buy.''
Mr. White. I think this is an important topic. This is not
just an economic issue, especially with respect to Europe. It
is a geopolitical issue.
Senator Lankford. Right.
Mr. White. And I understand the importance of it.
Senator Lankford. And I would hope you would lean in on
that, because it is exceptionally important. It is a tremendous
geopolitical leverage point for us. Where you get energy from
is also a connection point in a relationship. You do not
typically go to war with people that you are getting energy
from. It is a long-term relationship that you form, actually,
to be able to do this. So geopolitically, it is exceptionally
important for us.
One other question on this. I have talked to some
manufacturers that are doing manufacturing in China rather than
in Central America. And their comment is, the CAFTA agreements
and other things, with the environment and the labor
restrictions that are there, they do not have to deal with that
in China. So some of these relationships actually push
manufacturing to China based on the labor and environmental
regulations.
What would you recommend as a way to be able to encourage
businesses to be able to do business in areas where we have
trade agreements and not, because of our trade agreements, run
to countries that do not have them?
Mr. White. I would just point out that CAFTA, for example,
or countries with whom we have free trade agreements, there are
benefits derived from those trade agreements. They have duty-
free access into the United States. That is not the case with
China.
And so I think the incentive for doing business in CAFTA,
in FTA countries, is the fact that they have duty-free, more or
less, access into the U.S. market.
Senator Lankford. Correct. But it is not being effective
for all manufacturing. Some of those agreements are actually
pushing in that direction. We can follow up on that.
Mr. White. Yes. The problem with China is a very
confounding one, and it is going to take a lot of work.
Senator Lankford. Thank you, Mr. Chairman.
Senator Cortez Masto [presiding]. Thank you.
Next, we have Senator Cantwell.
Senator Cantwell. Thank you, Madam Chair, and thank you so
much for this important hearing. Mr. White, it is great to see
you on the other side of the dais this time, and I am very
proud of you and the work that you have done on many fronts.
I wanted to ask you about the recent USTR agreement between
the EU and UK in addressing government support for large civil
aircraft programs. How will the USTR monitor compliance on this
issue? What do you think should be our priorities?
Mr. White. Thank you for the question. This is a long-
running dispute that I am very familiar with, and it hits home
to me.
If confirmed, I want to get to the granular details of the
conversations that were had between USTR and the EU, but I
fundamentally agree that there needs to be robust monitoring of
the EU's compliance with the deal. And also to make it clear
that the U.S., and I think this is clear, that the U.S. is not
a shrinking violet in terms of taking countervailing measures
against the EU if they are not complying with the deal.
Senator Cantwell. So a lot damage went into, I think,
support for launch aid, and clearly people are trying to move
forward in a new day, but I think compliance and oversight will
be incredibly important. So I agree with you.
On the issue of digital trade, there are concerns about
some European countries' push for digital sovereignty as Europe
recovers from the pandemic. European countries like Austria,
France, Italy, Spain, and the UK have implemented digital
service taxes.
So I am pleased that the President has taken part in the
U.S. discussion on trade and technology; that should be
helpful. So, beyond dealing with the foreign digital services
tax, what is the USTR strategy on digital trade?
Mr. White. Digital trade is something that has been very
central to my work over the last 10 years. It is really
important. There has been divergence in policies between where
the Europeans come from and where the United States comes from.
I am encouraged that there is a discussion. I do not know
the details of the discussion. I am encouraged, but I will
pledge to consult with you and update you as to how the
progress in those talks is going.
Senator Cantwell. Are you concerned about protectionism?
Mr. White. Yes.
Senator Cantwell. And so, what do you think we should be
doing here that would help in that regard?
Mr. White. I think that this discussion with the Europeans
is a good one. But I also think that we have allies around the
world that agree with our approach on digital trade. We have
seen that in USMCA, for example. We have seen that in the U.S.-
Japan Digital Trade Agreement, and we have allies at the WTO,
believe it or not, that are allied with us on digital trade
concepts that appeared in the USMCA.
Senator Cantwell. Well, I will tell you, I told the Trade
Ambassador that I do think this is the United States'
opportunity to lead. The more we unite the world community
around what we think are the standards and practices that
should be adhered to, the better off we are going to be on
this. So I hope that you will be aggressive in supporting that
as well.
Thank you, Madam Chair.
Senator Cortez Masto. Senator Thune?
Senator Thune. Thank you, Madam Chair. Good morning, and
congratulations on your nominations.
I am concerned that there is still not a nominee for Chief
Ag Negotiator at USTR, and that is deeply concerning to farmers
and ranchers across the country. And it is critical that the
administration addresses this role as soon as possible to best
serve our Ag Committee. And that is not to in any way minimize
the important positions that you all are nominated for.
Ms. Bianchi, what are your views on whether the United
States should consider joining the updated Trans-Pacific
Partnership or some version of that agreement? And how would
you work to advance such a process?
Ms. Bianchi. Well, thanks for the question, Senator. I
think this administration has made it very, very clear that we
have to be working with our allies. And I think the President
had a successful trip last week in Europe, and I look forward
to other efforts in that regard.
But I think we have to start to engage with our allies and
to see where we are in the Asia region. And, as we have been
discussing this morning, there is also a top-to-bottom review
going on about the work on China, and where the Phase One deal
is, and where that leads us, and how we can make our trade more
effective with China. And certainly, working with our allies is
a big piece of that.
Senator Thune. Specifically, do you think it makes sense to
join the TPP? China, I am told, is now talking about trying to
get into the Trans-Pacific Partnership.
Ms. Bianchi. Yes. I think the TPP is a bit outdated. The
challenges we face today are different than the ones we faced
in 2014-2015. But I think the sentiment of working with our
allies to try to counter the rise of China is incredibly
important.
Senator Thune. What other trade initiatives should the
United States take to strengthen our economic relations in the
Asia-
Pacific? And I am thinking of--an example might be a digital
trade agreement with countries like Japan or South Korea,
possibly a new FTA with Taiwan, or any other Asia-Pacific
countries.
Ms. Bianchi. Well, I do think it is important that we have
started to take steps with Taiwan, and that there is a new TIFA
process going on--and Secretary Blinken talked about that--and
I know Ambassador Tai has met with her counterpart in Taiwan as
well.
I think we need to look at other places. I think digital
trade is a really important place where we could look to work
together and counter some of the pressures from China, as well
as a lot of different countries.
Senator Thune. Well, I hope you will give a lot of intense
effort to that. I think right now that area of the world,
unfortunately--and I was somebody who supported the TPP and
thought that it made a lot of sense for us. And I think we have
lost ground there, which we need to recover. And so I hope that
you, in this position, will aggressively work to develop more
robust relationships with some of the countries in that region
of the world. And Taiwan would be a good example.
Mr. White, part of your portfolio at USTR would include the
trading relationship between the United States and the EU. I am
concerned about the European Commission's inflexibility on new
export certificate requirements on meat and dairy products. The
Commission's decision to implement new certification
requirements is set to take effect on August 21st and would
block many American exports, including dairy products from
South Dakota.
This would be devastating to American farmers, processors,
and exporters, and would certainly not help improve the EU-U.S.
trade relations. So would you commit to prioritizing this
matter? And if so, how would you work to resolve it?
Mr. White. The answer is ``yes.'' We have had lots of
challenges with ag exports to Europe for a very long time. And
this is an important issue to you, and to other Senators on
this committee. And so I would prioritize it. But once
confirmed, I would consult with USDA, consult with my USTR
colleagues, and consult with our mission in Brussels, to see
what the state of play is.
Senator Thune. Do you think it is--would you agree that
having a Chief Ag Negotiator at USTR would help resolve such
issues? The correct answer is ``yes.'' [Laughter.]
Mr. White. If confirmed, we will have our discussion with
Ambassador Tai about what the state of play is on the Chief Ag
Negotiator.
Senator Thune. I think it is critical that we get that
position filled as soon as possible.
My time has expired. Am I the last person, Madam Chair?
Then let me, if I might, just ask a quick question of our HHS
nom. And that is, as you know, Indian Health Service facilities
in my State have had issues with abusive providers and poor
quality of care for years. Communication is not always strong
or timely when we are seeking information. So, if confirmed,
will you commit to ensuring that HHS and IHS improve lines of
communication with our office?
Dr. Egorin. Senator, if confirmed, I commit to work with
the Indian Health Service and CMS to make sure that we are
responsive to your office with any questions.
Senator Thune. Thank you.
Madam Chair, thank you.
Senator Cortez Masto. Thank you, Senator Thune. And I want
to thank all the members for their participation. I would
especially like to thank each of the nominees for being here,
and for your responses today. And again, congratulations on the
nominations.
Regarding questions for the record, the deadline for
members to submit QFRs will be Thursday, July 1st, at 5 p.m.
That deadline is firm.
Other than that, this hearing is adjourned.
[Whereupon, at 12:20 p.m., the hearing was concluded.]
A P P E N D I X
Additional Material Submitted for the Record
----------
Prepared Statement of Sarah Bianchi, Nominated to be Deputy United
States Trade Representative (Asia, Africa, Investment, Services,
Textiles, and Industrial Competitiveness), With the Rank of Ambassador,
Executive Office of the President
Chair Wyden, Ranking Member Crapo, and members of the committee,
good morning. My name is Sarah Bianchi. I live in Virginia with my
husband and two children ages 12 and 10.
I am honored to be with you today as you consider my nomination to
be Deputy United States Trade Representative with a portfolio including
Africa, Asia, and areas of services and investment. If confirmed, I
will proudly serve with the strong team Ambassador Tai has put together
to help our country emerge stronger from the pandemic and--as President
Biden says--to build back better.
Throughout my career, I have focused on increasing American
competitiveness through a wide range of economic and domestic policy
issues. I co-led the policy process for President Obama's 2012 State of
the Union address, which included global tax policies and manufacturing
initiatives to boost wages and improve career opportunities for
American workers.
From 2011-2014 I served as Director of Economic and Domestic Policy
for then-Vice President Biden. Our work focused on the contributing
factors and potential solutions to stop the loss of manufacturing jobs
in the United States. I helped lead the extensive research and policy
work that informed the 2014 report from the Vice President's office
entitled ``Ready to Work: Job-Driven Training and American
Opportunity,'' which identified several ways to help workers compete in
today's global economy.
As a senior advisor at the Biden Institute, I worked on issues to
make America more competitive in the global economy, including on
trade. And as a member of the Biden-Harris transition team, I led the
domestic policy response to COVID-19. At the time, the pandemic was
exposing the supply chain vulnerabilities in the American economy. I
was pleased to see the administration launch a trade strike force,
chaired by Ambassador Tai, to combat unfair trade practices and
increase the resiliency of our supply chains. I look forward to
supporting Ambassador Tai's work on this critical issue.
The administration has been clear about its commitment to making
the necessary investments at home and working with allies to address
the challenges posed by China. We must have a coordinated and coherent
approach that restores the necessary balance to our trade and economic
relationship.
Far too often, the review and development of trade policy is
separated from the work of creating a competitive economy and a strong
middle class. I believe trade must be intricately linked to this
effort. I share President Biden's and Ambassador Tai's commitment to
developing a worker-centered trade policy that encourages a race to the
top so we can build back better.
Giving workers a seat at the table will be essential as we develop
policy. Ambassador Tai said earlier this month in a speech at the AFL-
CIO that ``by bringing workers from all backgrounds and experiences to
the table, we will create inclusive trade policy that advances economic
security and racial and gender equity.''
Hearing workers' stories, their experiences, and perspectives will
give us a better understanding of how trade has impacted their lives
and how we can lift up communities and individuals that have long been
overlooked. This approach will also guide our review of negotiations
initiated by the previous administration.
Ambassador Tai has also been clear that any path forward will be
done in consultation with Congress. That is exactly what members of
Congress, including those on this committee, saw first-hand with the
United States-Mexico-Canada Agreement. USMCA is one of the most pro-
worker trade agreements ever implemented because workers had a seat at
the negotiating table. It is the new template we must use for all
future trade agreements and negotiations.
This approach is essential to America's competitiveness in the 21st
century, and it must be part of a comprehensive vision for the United
States in the global economy.
I have been fortunate to work with leaders who care deeply about
America's workers. If confirmed, I will work with Ambassador Tai and
the dedicated public servants at USTR to create inclusive trade policy
that brings everyone along.
Thank you again for considering my nomination, and I look forward
to answering your questions.
______
SENATE FINANCE COMMITTEE
STATEMENT OF INFORMATION REQUESTED
OF NOMINEE
A. BIOGRAPHICAL INFORMATION
1. Name (include any former names used): Sarah Abigail Bianchi.
2. Position to which nominated: Deputy United States Trade
Representative.
3. Date of nomination: May 27, 2021.
4. Address (list current residence, office, and mailing addresses):
5. Date and place of birth: February 16, 1973; Atlanta, Georgia.
6. Marital status (include maiden name of wife or husband's name):
7. Names and ages of children:
8. Education (list all secondary and higher education institutions,
dates attended, degree received, and date degree granted):
Paideia High School.
Atlanta, Georgia.
Dates attended: August 1987 to June 1991.
Diploma granted: June 1991.
Harvard University.
Cambridge, Massachusetts.
Dates attended: September 1991 to June 1995.
Diploma granted: June 1995, Bachelor of Arts magna cum laude.
9. Employment record (list all jobs held since college, including the
title or description of job, name of employer, location of work, and
dates of employment for each job):
Intern, Domestic Policy Council.
The White House.
Washington, DC.
September 1995 to May 1996.
Confidential Assistant.
Office of Management and Budget.
Washington, DC.
June 1996 to January 1997. \1\
---------------------------------------------------------------------------
\1\ Exact months are estimated throughout.
Assistant Director for Health Policy.
Domestic Policy Council.
The White House.
January 1997 to August 1998.
Senior Policy Advisor to Vice President Gore.
The White House.
Washington, DC.
August 1998 to March 2020.
Deputy Policy Director.
Gore for President.
Nashville, TN.
March 2000 to November 2000.
Deputy Staff Director for Public Health.
HELP Committee.
U.S. Senate.
February 2001 to June 2002.
Consultant: Democratic Senate Campaign Committee, Democratic
Leadership Council, Freedom Health Care, John Kerry for
President.
June 2002 to September 2003.
National Policy Director.
John Kerry for President.
Washington, DC.
September 2003 to November 2004.
Investment Analyst.
Eton Park Capital Management.
Washington, DC/New York, New York.
March 2005 to June 2011.
Director of Domestic and Economic Policy for Vice President
Biden and
Deputy Assistant to the President for Economic Policy.
The White House.
Washington, DC.
June 2011 to June 2014.
Managing Director.
BlackRock.
June 2014 to January 2015.
Global Head of Policy Development and Senior Advisor.
Airbnb.
Washington, DC/San Francisco, CA.
January 2016 to March 2018.
Consultant.
Washington, DC.
March 2018 to June 2019.
Senior Managing Director.
Evercore ISI.
Washington, DC.
June 2019-present.
10. Government experience (list any current and former advisory,
consultative, honorary, or other part-time service or positions with
Federal, State, or local governments held since college, including
dates, other than those listed above):
N/A.
11. Business relationships (list all current and former positions held
as an officer, director, trustee, partner (e.g., limited partner, non-
voting, etc.), proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, other business enterprise, or
educational or other institution):
Evercore ISI, employee.
Lyft, consultant.
Consensys, consultant.
The Biden Institute (Senior Advisor and Chair of the Policy
Advisory Board).
The Governance Project, consultant.
Emerson Collective, consultant.
City of Birmingham, Alabama, consultant.
Civic LLC, consultant.
Academy of Achievement, consultant.
Airbnb, employee.
Blackrock, employee.
Eton Park, employee.
Harvard University, Institute of Politics Senior Advisory
Committee.
12. Memberships (list all current and former memberships, as well as
any current and former offices held in professional, fraternal,
scholarly, civic, business, charitable, and other organizations dating
back to college, including dates for these memberships and offices):
Coach, Arlington Soccer Association, 2016-2019.
13. Political affiliations and activities:
a. List all public offices for which you have been a candidate
dating back to the age of 18.
None.
b. List all memberships and offices held in and services
rendered to all political parties or election committees,
currently and during the last 10 years prior to the date of
your nomination.
None.
c. Itemize all political contributions to any individual,
campaign organization, political party, political action
committee, or similar entity of $50 or more for the past 10
years prior to the date of your nomination.
Biden for President (via Act Blue), 02/11/20, $20.
Biden for President, 11/06/19, $1,000.
Biden for President (via Act Blue), 10/17/2019, $14.
Biden for President (via Act Blue), 10/01/2019, $100.
Biden for President (via Act Blue), 09/28/19, $100.
14. Honors and awards (list all scholarships, fellowships, honorary
degrees, honorary society memberships, military medals, and any other
special recognitions for outstanding service or achievement received
since the age of 18):
None.
15. Published writings (list the titles, publishers, dates, and
hyperlinks (as applicable) of all books, articles, reports, blog posts,
or other published materials you have written):
Public Writings
Keeping a Relentless Focus on the Middle Class and the Dignity
of Work, Biden Institute, September 19, 2017, https://
www.bidenschool.udel.edu/biden
institute/bloq/Paqes/Keepinq-a-Relentless-Focus-on-the-Middle-
Class-and-the-Dignity-of-Work.aspx#.
The Many Lessons of Senator John McCain, Medium, August 29,
2018, https://medium.com/@sarahbianchi/the-many-lessons-of-
senator-john-mccain-93de850508d9.
Life Lessons We Can All Learn from Joe Biden, Medium, June 7,
2015, https://medium.com/@sarahbianchi/life-lessons-we-can-all-
learn-from-joe-biden-eee565ee3819.
Go Harvard Cods?, The Harvard Crimson, February 5, 1994,
https://www.thecrimson.com/article/1994/2/5/go-harvard-cods-
pthe-administration-has/.
Club Boycott About Equal Access, Not Elitism (letter to the
editor), The Harvard Crimson, October 12, 1993, https://
www.thecrimson.com/article/1993/10/12/club-boycott-about-equal-
access-not/.
Evercore Research Notes (for clients, copies provided to
committee)
May 15, 2021: Republicans to send new counter offer next week
as optimism rises for a bipartisan infrastructure deal, but
challenges remain.
May 12, 2021: Big week ahead for bipartisanship on
infrastructure even as Republicans and Democrats point fingers
on a weak jobs report.
May 7, 2021: A busy week in Washington: Debt ceiling, gig
workers, vaccine diplomacy, and outlook for China bill.
May 4, 2021: Roadmap for Biden's plan--starts with
bipartisanship through May.
April 28, 2021: Biden to outline American Family Plan including
capital gains tax and increased top rate.
April 27, 2021: New census data and reapportionment add
challenges for Democrats in the midterm elections.
April 23, 2021: Week wrap in Washington: tax hikes and health
care make headlines as Biden readies for first address to
Congress.
April 22, 2021: Flash Note: White House is not likely to
include health care and prescription drug pricing in American
Families Plan.
April 22, 2021: House Democrats to introduce prescription drug
pricing reform legislation to put the issue in the spotlight
ahead of Biden's American Families Plan.
April 20, 2021: Biden set to outline second package on human
infrastructure and individual taxes next week while an elusive
search for bipartisanship continues.
April 13, 2021: Key developments are shaping the contours of
the infrastructure and tax legislation, including the corporate
tax rate and dividing up the legislation.
April 6, 2021: As reactions come in on Biden infrastructure
plan, Manchin clear the corporate rate shouldn't go above 25
percent.
March 31, 2021: Five takeaways from Biden's opening bid on
infrastructure and taxes.
March 30, 2021: Biden's infrastructure spending plan looks to
be coming in at $2.25 trillion.
March 30, 2021: Biden goes bigger and bolder as infrastructure
rollout nears.
March 29, 2021: Biden coloring in the lines on legislative
strategy for the next package.
March 26, 2021: Biden set to unveil more details of Build Back
Better next week--$3 trillion to kick start legislative
process.
March 22, 2021: White House considering $3 trillion for next
round but many more decisions to go for infrastructure and
investment package.
March 19, 2021: White House signals break up into multiple
bills is possible as early signs of challenges arise.
March 18, 2021: Filibuster reform looks more likely as Biden
supports a ``talking filibuster'' but it won't change the
trajectory on taxes.
March 16, 2021: Taxes, taxes, taxes--how Biden and then
Congress might pay for the next bill.
March 11, 2021: Biden tax plan--plenty of headline risk even
though it won't all become law.
March 11, 2021: The next bill: how will Democrats go about the
infrastructure and investment package?
March 8, 2021: Three issues that may shape the fiscal spending
debate this summer: Medicare Trust Fund, debt ceiling, and
August recess.
March 4, 2021: Messy procedural processes and new fiscal
questions won't stop the Senate from passing COVID relief on
time.
February 25, 2021: Flash Note--Senate Parliamentarian rules
against minimum wage hike.
February 23, 2021: One of the early tests for minimum wage
could come this week.
February 22, 2021: Yellen signals higher taxes in the next
package but Congress won't go as far as administration.
February 15, 2021: Democrats take charge in Washington: early
takeaways and signposts for the road ahead.
October 13, 2020: U.S. Q4 stimulus chances waning; eyes turn to
Q1 but it likely won't fully make up for Q4.
October 12, 2020: Ten trends Trump needs to turn in twenty-two
days.
October 12, 2020: A compendium: the election and impact of a
democratic sweep.
October 9, 2020: On again-off again-on again: fiscal stimulus
negotiations resumed with Pelosi and Mnuchin speaking again.
October 8, 2020: As the chances of a larger Democratic sweep
increase, Democrats could pass more of their agenda--but they
still cannot legislate too far left.
October 6, 2020: Yet another October surprise: Trump tweet
storm puts stimulus negotiations off for now but we'll see if
it sticks.
October 5, 2020: Fiscal negotiations continue and Trump tweets
support--chances of a deal are inching upward but timing is
slowed due to Senate illnesses.
October 2, 2020: Trump diagnosis ups odds of a stimulus deal
and a blue sweep.
October 1, 2020: Pelosi and Mnuchin both have new plans--today
will be critical to determine if they can bridge the gap and
bring others along.
September 29, 2020: Fiscal stimulus--renewed talks and a new
House bill don't change the odds that much for a pre-election
deal.
September 28, 2020: A comprehensive overview of what Democrats
might do if they sweep the elections and implications for key
sectors.
September 24, 2020: Speaker Pelosi and Secretary Mnuchin talks
don't improve that much the outlook for a stimulus deal before
the election.
September 21, 2020: A September surprise: how the death of
Justice Ruth Bader Ginsburg changes the landscape for 2020.
September 16, 2020: Fiscal stimulus--some political posturing,
no progress, and grim prognosis.
September 9, 2020: Fiscal stimulus harder to pass without a
clear action forcing mechanism--it's in Trump's court to change
the dynamics.
September 3, 2020: What is on tap for the election homestretch?
And will there be an ``October Surprise''?
August 24, 2020: What would a Democratic sweep mean for health
care?
August 21, 2020: What to expect at the Republican National
Convention: China, the economy, and more.
August 19, 2020: Flurry of activity around USPS funding and
renewed legislative fiscal efforts, but no serious
conversations yet.
August 13, 2020: See you in September--fiscal four negotiations
break down leaving legislative action till September as
Washington focuses on political conventions.
August 10, 2020: Senate Election Guide: While a Democratic
sweep is an increasingly likely outcome, control of the Senate
likely to move with the Presidency.
August 7, 2020: Fiscal Four negotiations stalling with some
risk, but a deal is still likely and the number is moving up.
August 4, 2020: These talks are going awfully slow--we still
think ultimately they will get there on legislation--and not
much from Trump unilaterally.
July 30, 2020: Trump can't postpone the election--but he is
setting up a narrative to call into question the results, which
has the potential to cause quite a mess.
July 28, 2020: Flash Note: Republicans unveil $1 trillion
stimulus package--at least allowing negotiations to begin in
earnest.
July 22, 2020: Congress is off to a slow start despite a quick
time crunch to resolve Fiscal Four--a package is not likely
until the first week in August.
July 7, 2020: Congress has a very tight deadline to negotiate
Fiscal Package Four--that leaves economic risks.
July 1, 2020: What happens to taxes in a Democratic sweep? It
depends on the economy and the Senate.
June 16, 2020: Flash Note: How does a White House
Infrastructure Plan fit into our outlook for Fiscal Four and
the rest of the congressional agenda? Not very well.
June 9, 2020: 2020 election series: a deep dive on the key
factors that will determine the presidency.
June 7, 2020: Week in Washington wrap--large protests, good
economic news, and more U.S./China tensions.
June 5, 2020: Surprisingly good jobs report makes another
fiscal stimulus more challenging to pass Congress but we still
expect one more this summer.
May 29, 2020: Twitter vs. Trump: The President's Executive
Order on section 230 is more bark than bite--but it underscores
why section 230 reform is the biggest risk facing the tech
industry.
May 28, 2020: New poll shows selecting Elizabeth Warren for VP
would do the most to help Biden win, but many considerations at
play.
May 21, 2020: Why U.S.-China policy is critical to President
Trump's reelection strategy--and what it means for investors.
May 20, 2020: Powell's comments are helping move Congress
closer towards next stimulus deal.
May 14, 2020: Pelosi's ambitious $3 trillion fiscal package
unlikely to go anywhere as Republicans wait to see how existing
relief works.
May 7, 2020: Battle lines are hardening making it unlikely next
stimulus passes in May.
May 6, 2020: Replay and Note on Webinar: Understanding the
Growing U.S.-China Tensions with Sarah Bianchi and Guest
Michael Allen.
May 5, 2020: Tough China rhetoric likely to last through the
election--but Trump administration won't implement the harshest
policy options under discussion.
April 28, 2020: Congress is coming back to DC but given the
divisions how will they move forward on the next stimulus.
April 26, 2020: Week in Washington wrap--more stimulus but what
about oil, small business, housing, voting and State and local
fiscal relief and the price tag!
April 21, 2020: Senate passes next fiscal package focused on
small businesses--even as PPP comes under criticism.
April 21, 2020: A growing macro issue: U.S. state and local
budget holes.
April 20, 2020: A really big election is coming--and how voting
takes place could impact the outcome.
April 15, 2020: Flash Note: Real progress now underway on
Fiscal Package #4.
April 13, 2020: Partisanship making the roadmap to stimulus #4
harder as Democrats advocate for more than just small business
expansions.
April 7, 2020: Oh Right It's an Election Year--Senator Sanders
to Exit Shortly and New Questions about How to Vote Amid
Coronavirus Emerge.
April 3, 2020: Pelosi walks back idea of adding infrastructure
to next relief package--but still pushing for it as part of
recovery.
March 31, 2020: Starting on the fourth stimulus--a few places
of common ground emerge--including infrastructure--but many
different priorities.
March 26, 2020: The final bill! Senate passes fiscal stimulus
bill--House scheduled vote tomorrow.
March 25, 2020: Half yard line--update on the (very almost
final) $2 trillion fiscal package.
March 24, 2020: At the one yard line--what is in the (almost
final) $2 trillion fiscal package.
March 23, 2020: Flash Note--No Senate votes tonight but. . . .
March 23, 2020: Ready for a rocky morning as the next Senate
vote not till noon.
March 22, 2020: As cloture vote fails in the Senate--
negotiations continue through the night.
March 22, 2020: Delaying Senate cloture vote till 6 p.m.--a
good sign that negotiations are continuing around differences
in the $500B in corporate relief.
March 22, 2020: Congress speeding to a $1.6 trillion + package;
leaders meeting this morning to hash out agreement; first vote
scheduled for 3 p.m.
March 21, 2020: Evaluating the next phase of fiscal relief from
Congress: what will work, what won't, and what could.
March 21, 2020: Negotiating a $1 trillion plus stimulus staying
largely on track--because there is no other choice.
March 19, 2020: Flash Note--Enter McConnell's plan, bigger on
business aid but smaller household checks.
March 19, 2020: Some parts of the White House $1 trillion plan
for fiscal package #3 will sail smoothly other ideas will hit
bumps as policymakers tee up the next package.
March 17, 2020: Update on fiscal package #3--currently at $1
trillion, will only get bigger, and will get done--but doesn't
mean it will be easy.
March 17, 2020: Congress moving towards massive stimulus
package--Congress likely passes next week and could exceed $1
trillion.
March 16, 2020: Flash Note--Romney proposes $1,000 checks;
fiscal politics remain fluid.
March 16, 2020: Fiscal policy response is moving but DC still
lagging on what is needed.
March 13, 2020: Flash Note--Trump declares national emergency.
March 12, 2020: Flash Note--Pelosi and Mnuchin agree on deal;
House likely to vote tonight or tomorrow; Senate likely to
follow Monday; no large stimulus in this bill.
March 12, 2020: Despite partisan back and forth we think
Congress likely to pass some version of Pelosi bill this week.
March 11, 2020: Flash Note--Trump comes up short on stimulus,
overshadowed by European restrictions.
March 11, 2020: Flash Note--Pelosi to pass her first phase
legislative package this week--Senate may well follow--won't be
enough to calm markets.
March 10, 2020: Flash Note--Political tensions and calendar
will make fiscal package this week hard and will be limited.
March 10, 2020: Flash Note--Moving quickly we will likely see
some action this week--but not enough to impress markets.
March 9, 2020: Flash Note--Washington waking up to need for
stimulus--some actions like sick leave could pass quickly.
March 3, 2020: The key question for the reshaped Democratic
primary: how delegates divide after Super Tuesday.
February 29, 2020: Biden's South Carolina win provides momentum
and raises odds that Bloomberg gets out of the race BEFORE
Super Tuesday.
February 28, 2020: Coronavirus enters center stage and could
remake the 2020 political and economic environment.
February 28, 2020: It's all about the delegates--Can Bernie
Sanders rack up enough delegates on Super Tuesday to make him
too hard to catch?
February 25, 2020: Is Sanders stoppable starting in South
Carolina? What to watch in tonight's debate.
February 21, 2020: The blasting of Bloomberg was brutal, but
the bigger issue is whether anyone can keep Bernie from running
so far ahead no one can catch him.
February 19, 2020: Enter Bloomberg Stage Right--And Can Anyone
Stop `the Bern'? What to Watch in Tonight's Debate.
February 14, 2020: Can anyone get 1,991 delegates? The
increasingly likely path to a contested Democratic convention.
February 11, 2020: Five Takeaways from Coronavirus Webinar with
White House Ebola Czar Ron Klain.
February 7, 2020: What to watch in tonight's debate that wraps
up the Democrats terrible, horrible, no good very bad week.
February 6, 2020: What's Next for the Democratic Primary Post
the Iowa Debacle and Heading to New Hampshire.
February 4, 2020: The loser tonight--the Iowa caucus.
February 3, 2020: Flash Note: Quick guide to watching Iowa
reporting.
February 3, 2020: The impact of the Iowa caucus--will Sanders
keep surging? If so, is it a two person race or a muddled mess
In the middle?
January 31, 2020: Political Reset: A New Political Landscape in
Washington is Coming Next Week--And It's Going to Make Some
Democrats VERY Nervous.
January 27, 2020: Flash Note: Infrastructure and prescription
drugs will top the likely-to-stall legislative agenda--starting
with Pelosi's 2020 infrastructure plan this week.
January 24, 2020: Is Bernie Sanders surging just at the right
time? Could he win the Democratic primary?
January 22, 2020: The implications of the Senate impeachment
trial--for 2020 and beyond.
January 13, 2020: A comprehensive guide to the 2020 Democratic
presidential primary--the path to the nomination and the policy
implications.
December 12, 2019: Pelosi's busy week--Part 3: Congress reaches
agreement to fund government through end of FY 2020.
December 10, 2019: Pelosi's busy week--Day 2: USMCA deal,
articles of impeachment, passing prescription drugs and moving
on the budget.
December 9, 2019: Outlook for health care provisions in any
budget deal--Congress wants to fix the health tax issues and
might kick the can on real surprise billing.
December 9, 2019: Pelosi's busy holiday season--impeachment,
drug pricing, USMCA, and budget all on tap for remaining days.
December 4, 2020: It's always darkest before dawn--even if
`phase one' deal timing slows, contours remain intact and the
President is highly unlikely to pull the trigger on December
15th tariffs; Speaker Pelosi still likely to pass USMCA.
November 26, 2019: Flash Note--It is hard for Mayor Bloomberg
turn unlimited funds into votes--and not totally clear who
he'll take them from.
November 20, 2019: Flash Note--What to watch in tonight's
Democratic debate: the first four all have flaws. Whoever can
best address their weakness wins the night and maybe the
nomination.
November 8, 2019: Enter Bloomberg stage right? Many unknowns
but the short-term winner is clear: Elizabeth Warren who
welcomes a change of conversation from her Medicare for all
plan.
November 1, 2019: Warren back on offense on health care--
fiscally she now has an answer, but did she create more
problems than she solved?
October 20, 2019: Evaluating a potential Warren presidency--
starting with what Warren can do without Congress.
October 17, 2019: Flash Note--be ready for a Buttigieg boomlet.
October 16, 2019: Senator Warren feels the fire fit for a
frontrunner--debate kicks off a new phase for the Democratic
primary.
October 15, 2019: Warring with Warren, questioning Trump's
China deal, furious with Facebook, and beyond--a guide to the
Democratic debate.
October 11, 2019: Phew! They crossed the tightrope--assessing
Part I of the China trade ``deal.''
October 9, 2019: Wait, what's the strategy again? Making sense
of U.S./China talks.
October 1, 2019: U.S. politics--impeachment tsunami has reset
the Washington climate, but policy landscape largely intact.
September 26, 2019: Speeding towards impeachment: a brief road
map.
September 24, 2019: We're barreling towards impeachment.
September 20, 2019: Flash Note--House kicks can on budget fight
until mid-November.
September 19, 2019: President Trump's response to the Pelosi
bill is not enough to overcome Senator McConnell's resistance.
September 19, 2019: Mark Zuckerberg's ``good will'' tour in
Washington is a good, but small, step given the serious risks
facing big tech.
September 19, 2019: Flash Note--Pelosi's prescription drug plan
is as expected; the key is still how President Trump responds.
September 17, 2019: Flash Note--Response to Saudi oil attack,
good trade news, risks for big tech and more on deck in DC this
week.
September 13, 2019: Flash Note--Debate takeaway on China: while
Trump tries to settle down uncertainty around China, 2020
Democrats rev it up.
September 11, 2019: Flash Note--Trump's ``gesture of good
will'' to delay tariffs is a sign of an effort to settle the
uncertainty with China.
September 10, 2019: Flash Note--Pelosi prescription drug bill:
four quick points.
September 9, 2019: U.S. policy and markets: the top dozen
issues + election.
16. Speeches (list all formal speeches and presentations (e.g.,
PowerPoint) you have delivered during the past 5 years which are on
topics relevant to the position for which you have been nominated,
including dates. Provide the committee with one digital copy of each
formal speech and presentation):
N/A.
17. Qualifications (state what, in your opinion, qualifies you to
serve in the position to which you have been nominated):
For years, I have worked on a wide range of economic and
domestic policy issues around American competitiveness. I co-
led the policy development process for President Obama's 2012
State of the Union address which included developing a number
of global tax policies and manufacturing initiatives designed
to enhance America's competitiveness and improve job
opportunities for American workers, particularly those whose
jobs were at risk or lost due to trade policies.
In addition, for the 3 years I served as Director of Economic
and Domestic Policy for then-Vice President Biden much of our
work focused on the loss of manufacturing jobs in the United
States--both the contributing factors as well as the best path
forward. I also was involved in extensive research and policy
work that led to the report by Vice President Joe Biden in 2014
entitled ``Ready to Work: Job-Driven Training and American
Opportunity'' that outlined many of the issues of how to
compete in the global economy.
As a senior advisor at the Biden Institute, we worked on a
range of issues around making America more competitive in the
global economy, including trade. As a member of the Biden-
Harris transition, I led the domestic response to COVID-19
where it quickly became clear that the supply chain
vulnerabilities in the American economy were laid bare by the
COVID pandemic.
Too often trade policy is considered separately from the work
of creating a country with a competitive economy and a strong
middle class. Trade must be intricately linked to this effort.
I share President Biden's and Ambassador Tai's commitment to
developing a trade agenda infused and informed by the overall
goal of building back better. It is essential to America's
competitiveness and a strong future for our workers that trade
policy works for America's workers and is part of a
comprehensive vision for the United States in the global
economy.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections (including participation in future
benefit arrangements) with your present employers, business firms,
associations, or organizations if you are confirmed by the Senate? If
not, provide details.
Yes.
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, provide details.
No.
3. Has any person or entity made a commitment or agreement to employ
your services in any capacity after you leave government service? If
so, provide details.
No.
4. If you are confirmed by the Senate, do you expect to serve out
your full term or until the next presidential election, whichever is
applicable? If not, explain.
Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Indicate any current and former investments, obligations,
liabilities, or other personal relationships, including spousal or
family employment, which could involve potential conflicts of interest
in the position to which you have been nominated.
In connection with the nomination process, I have consulted
with the Office of Government Ethics and the Office of the
Designated Ethics Official of the Office of the U.S. Trade
Representative to identify any potential conflicts of interest.
Any conflict of interest will be resolved according to the
terms of an ethics agreement I am entering into with the Office
of the U.S. Trade Representative and that will be provided to
this committee.
2. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years (prior to the
date of your nomination), whether for yourself, on behalf of a client,
or acting as an agent, that could in any way constitute or result in a
possible conflict of interest in the position to which you have been
nominated.
N/A.
3. Describe any activity during the past 10 years (prior to the date
of your nomination) in which you have engaged for the purpose of
directly or indirectly influencing the passage, defeat, or modification
of any legislation or affecting the administration and execution of law
or public policy. Activities performed as an employee of the Federal
Government need not be listed.
N/A.
4. Explain how you will resolve any potential conflict of interest,
including any that are disclosed by your responses to the above items.
(Provide the committee with two copies of any trust or other
agreements.)
In connection with the nomination process, I have consulted
with the Office of Government Ethics and the Office of the
Designated Ethics Official of the Office of the U.S. Trade
Representative to identify any potential conflicts of interest.
Any conflict of interest will be resolved according to the
terms of an ethics agreement I am entering into with the Office
of the U.S. Trade Representative and that will be provided to
this committee.
5. Two copies of written opinions should be provided directly to the
committee by the designated agency ethics officer of the agency to
which you have been nominated and by the Office of Government Ethics
concerning potential conflicts of interest or any legal impediments to
your serving in this position.
6. The following information is to be provided only by nominees to
the positions of United States Trade Representative and Deputy United
States Trade Representative:
Have you ever represented, advised, or otherwise aided a
foreign government or a foreign political organization with
respect to any international trade matter at any time in any
capacity? If so, provide the name of the foreign entity, a
description of the work performed (including any work you
supervised), the time frame of the work (e.g., March to
December 1995), and the number of hours spent on the
representation.
No.
D. LEGAL AND OTHER MATTERS
1. Have you ever been the subject of a complaint or been
investigated, disciplined, or otherwise cited for a breach of ethics
for unprofessional conduct before any court, administrative agency
(e.g., an Inspector General's office), professional association,
disciplinary committee, or other ethics enforcement entity at any time?
Have you ever been interviewed regarding your own conduct as part of
any such inquiry or investigation? If so, provide details, regardless
of the outcome.
No.
2. Have you ever been investigated, arrested, charged, or held by any
Federal, State, or other law enforcement authority for a violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than a minor traffic offense? Have you ever been interviewed
regarding your own conduct as part of any such inquiry or
investigation? If so, provide details.
No.
3. Have you ever been involved as a party in interest in any
administrative agency proceeding or civil litigation? If so, provide
details.
No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, provide details.
No.
5. Please advise the committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination.
N/A.
E. TESTIFYING BEFORE CONGRESS
1. If you are confirmed by the Senate, are you willing to appear and
testify before any duly constituted committee of the Congress on such
occasions as you may be reasonably requested to do so?
Yes.
2. If you are confirmed by the Senate, are you willing to provide
such information as is requested by such committees?
Yes.
______
Questions Submitted for the Record to Sarah Bianchi
Questions Submitted by Hon. Ron Wyden
Question. Your portfolio includes Africa, and to the extent the
administration chooses to continue the negotiations with Kenya, you may
be charged with leading those negotiations. This is the first bilateral
trade deal being negotiated with a sub-Saharan African country, so it
is important that any agreement we reach be ambitious and enforceable,
with high standards on issues like the environment, labor, the rule of
law and digital trade.
Kenya has a unique labor environment, including a sizable informal
labor market. How would you ensure that we could achieve high-standard
and enforceable labor obligations with Kenya?
How do you view an agreement with Kenya fitting into the United
States' overall engagement with African nations, including through
AGOA?
Answer. I understand that the Biden-Harris administration is
currently reviewing the proposed U.S.-Kenya agreement that the previous
administration initiated. If confirmed, I would review the model of
USMCA in order to understand how labor, environment, and human rights
would be core elements of our trading relationship with Kenya and how
the United States could support the newly formed African Continental
Free Trade Area (AfCFTA), which began in January 2021.
--Question. If you are confirmed, your portfolio will include
competition policy. That could cover a broad variety of issues, many of
them directly connected to China. In our recent bipartisan competition
and innovation bill, Ranking Member Crapo and I approached this issue
from two sides--both addressing ways to support U.S. innovators,
workers, and businesses, and taking action to level the playing field
with China and other countries that engage in unfair trade practices.
When you think about competition policy, what does that encompass,
and what could USTR be doing--or doing better--to ensure American
workers can compete fairly with their counterparts abroad?
Answer. I agree with the approach taken in the bipartisan
competition and innovation bill, of thinking about both the actions we
can take domestically to enhance the competitiveness of key sectors
important to U.S. jobs and economic growth as well as taking strong
action to ensure those sectors can compete fairly with China and other
practices. USTR can and does work to ensure that trade policies support
and reinforce those domestic actions. If confirmed, I will work to
further those efforts.
Questions Submitted by Hon. Mike Crapo
engagement with tpp countries
Question. The administration has said that the Trans-Pacific
Partnership (TPP) agreement needs to be reevaluated ``since much has
changed in the world since TPP was originally signed in 2016.''
Meanwhile, China stands poised to have better market access than the
United States in the region because its Regional Comprehensive Economic
Partnership agreement--or RCEP--is advancing toward entry into force.
What, if any, are the specific developments since 2016 that you
think have made TPP outdated--and what could be done to update TPP
disciplines in response to those developments?
Answer. The Biden-Harris administration has taken critical steps to
improve U.S. supply chain resiliency after COVID-19 revealed
significant gaps in our supply chains that make us more vulnerable to
crises. We realize that we cannot make or mine everything. Trade must
be a component of strengthening our supply chains--and our economy. If
confirmed as Deputy USTR, I will work to advance a high-standard,
worker-centered trade policy that represents a viable alternative to
China, reflects American values, supports U.S. manufacturing, and
reduces vulnerabilities in our supply chains.
china market and censorship
Question. China's market access restrictions and its censorship
policies often run in parallel. For example, China imposes a quota of
34 foreign films a year, and often places pressure on our creative
industries to censor the content of their works in order to secure a
seat at this limited table. This hurts American employment--and
undermines our values.
What measures do you believe the administration should consider
deploying in response to this problem?
Answer. The Chinese Government's censorship policies are an affront
to democratic, open societies. They are deeply problematic for the
Chinese people, and others around the world as the government extends
its censorship extraterritorially. The denial of market access is an
important commercial facet of this much larger concern. We have seen
that, to date, China has a record of nominal compliance with many core
trade obligations, and securing Chinese compliance with its trade
commitments is an ongoing problem. President Biden has pledged to work
with allies to address the adverse consequences of non-market
authoritarian behavior.
______
Questions Submitted by Hon. Maria Cantwell
trade with asia-pacific
Question. What is your view on multilateral trade agreements in the
Asia-Pacific region?
How does USTR plan to utilize the Asia-Pacific Economic Cooperation
forum (APEC) to make progress on the U.S. economic agenda and bolster
the United States' position in the region?
How does USTR now intend to approach Japan? Will USTR continue
bilateral trade talks or will it take a multilateral approach on
agriculture and other market access issues?
How will USTR approach South Korea? How USTR help us work with
allies like South Korea to ensure supply chain resiliency for critical
industries?
Answer. The Biden-Harris administration is committed to investing
in our multilateral relationships. If confirmed, I will make it a
priority to engage with our trading partners in APEC, ASEAN, and other
multilateral settings. By collaborating with our allies in the Asia-
Pacific including Korea and Japan, we can advance a worker-centered
trade policy and improve U.S. supply chain resiliency, while also
addressing bilateral trade priorities.
301 exclusions process
Question. Where does the review of the 301 tariff exclusion process
stand? How long will U.S. companies have to wait for answers about
whether and when the 301 tariff exclusion process might be re-instated?
Answer. The administration is currently reviewing its strategy with
respect to China, in light of its Build Back Better agenda to create
good-paying jobs and support American families. Similarly, USTR is
reviewing the China trade policy, including the section 301 tariffs and
exclusions. If confirmed, I will ensure that the approach to an
exclusion process and its reinstatement is consistent with the
administration's goals and a worker-centered trade policy.
Question. Will USTR consider reinstating 301 tariff exclusions as
quickly as possible for companies that previously received them?
Answer. If confirmed, I will consider the question of past tariff
exclusions, and a future exclusion process in the context of the
administration's goals and furthering a worker-centered trade policy.
______
Questions Submitted by Hon. Robert Menendez
Question. A number of my colleagues and I have been urging the
administration to accelerate our trade talks with Taiwan toward the
objective of negotiating a full trade agreement. Taiwan is a vibrant
democracy and the right type of partner with whom the U.S. can develop
the high-standard, progressive trade policy this administration is
looking for. Any final agreement should also incorporate strong rules
of origin and other safeguards to ensure that the PRC cannot use a
U.S.-Taiwan trade agreement as a back door into the U.S. market.
How do you think we can best strengthen our trade ties with Taiwan?
Answer. Taiwan is an important economic and strategic partner for
the United States. USTR recently concluded a round of TIFA negotiations
with Taiwan, and, if confirmed as Deputy USTR, I look forward to
building off of that progress to strengthen this critical relationship
by collaborating on our shared interests, such as resilient supply
chains.
Question. Will you commit to consulting with my office on any trade
negotiations with Taiwan, if confirmed?
Answer. If confirmed, I commit to consulting closely with Congress
on trade engagement with Taiwan.
Question. Ambassador Tai said during her confirmation hearing that
she would commit to ``close consultations with the Senate Finance
Committee on trade negotiations'' and would work closely with the
committee to identify ways to ``improve the flow of information in the
development of trade policy.''
Do you likewise make this commitment?
Answer. Yes.
Question. Since USTR has committed to follow the 2015 Guidelines
for Consultation and Engagement, will you commit to seek input from the
Committees on Finance and Ways and Means on U.S. text proposals before
sharing them with other governments and commit to provide an oral
update to this committee on the status of negotiations both before and
after each negotiating session?
Answer. If I am confirmed, I will follow the 2015 Guidelines for
Consultation and Engagement.
______
Questions Submitted by Hon. Thomas R. Carper
multilateral trade agreements
Question. On June 22, 2021 the Finance Subcommittee on
International Trade, Customs, and Global Competitiveness held a hearing
to review the benefits of a multilateral approach to trade policy in
the Asia-Pacific region. We heard from experts who advised us on how
the United States can get its seat back at the table and actively work
with our allies to form new agreements to boost jobs and economic
growth in our country.
Could you please share your perspective on the merits of a
multilateral approach to trade policy in the Asia-Pacific region?
Would you agree that the United States needs a strategy for
reengaging our allies in the Asia-Pacific region on trade? If yes, what
are the essential elements that must be addressed to ensure that the
United States can successfully reengage in the region?
Answer. If confirmed, I will work with Ambassador Tai to deepen
trade engagement in the Asia-Pacific region. The Biden-Harris
administration is committed to investing in our multilateral
relationships. As Deputy USTR, I will make it a priority to engage with
our trading partners in APEC, ASEAN, and other multilateral settings.
By collaborating with our allies in the Asia-Pacific, we can advance a
worker-centered trade policy and create a high-standard alternative to
China's influence in the region.
digital trade
Question. Today, Americans rely on the Internet for a variety of
uses, including work, education, health care, commerce, and much, much
more. The Internet has also inspired innovation and spurred economic
development. Many of our trade agreements were written before the
development and widespread use of the Internet or have not kept up with
recent developments in the digital world.
What can be done to position the United States to be a leader on
digital trade matters?
Answer. The responsible use of technology provides innumerable
benefits to citizens all over the world. Digital trade policies can
harness those benefits and, if crafted correctly, promote shared
prosperity. I am also mindful, however, that irresponsible use of
technology has destabilizing effects, including of democracy itself,
and otherwise undermines trust in both the digital economy and in trade
itself. Moreover, existing digital trade agreements fail to acknowledge
the critical role of workers in the digital economy. If confirmed, I
look forward to working with members of this committee to ensure the
United States can become a leader on digital trade.
______
Question Submitted by Hon. Sheldon Whitehouse
Question. The U.S. textiles industry employs over half a million
workers nationwide, including many in Rhode Island, and is the second
largest exporter of textile products in the world. The industry has
played a critical role in supplying personal protective equipment
throughout the COVID-19 pandemic. China's Made in China 2025 initiative
includes textiles among the advanced materials it hopes to target.
What will you do to ensure our trade policies address unfair
advantages enjoyed by foreign textiles manufacturers?
Answer. The Biden-Harris administration is committed to taking on
unfair Chinese trade policies in all sectors, including textiles. The
COVID-19 pandemic has shown just how important a modern textiles
industry can be, and, if confirmed, I look forward to working with you
on this important issue.
______
Question Submitted by Hon. Elizabeth Warren
Question. I appreciate the commitment you expressed in the hearing
to elevating labor and environmental issues across your portfolio at
USTR, if confirmed. One key relevant issue is rules of origin (ROO) in
trade agreements. ROO can ensure that preferential treatment is granted
only to imports from countries subject to the trade agreement's rules,
which should include strong, enforceable labor and environmental
standards. Weak ROO, however, can force the U.S. to grant preferential
treatment to products that are by value largely from countries outside
of trade agreement and therefore subject to none of its commitments.
The Trans-Pacific Partnership, for example, not only lacked adequate
labor and environmental rules, its ROO would have applied preferential
treatment to cars with components from non-TPP countries comprising
more than half the vehicle's value.
Do you agree that trade agreements must include strong, enforceable
labor and environmental standards, as well as robust rules of origin,
so that preferential treatment is not extended to countries with poor
labor and environmental practices?
Answer. Yes.
______
Question Submitted by Hon. Chuck Grassley
Question. Iowa is a leading hub for amino acid innovation and
production for use in animal agriculture throughout the United States.
I am concerned that unfair Chinese subsidies to its amino acid industry
have resulted in unfair increases in imports of Chinese amino acids
such as Lysine and Threonine. These unfair trade practices jeopardize
the vitality of U.S. amino acid producers, the U.S. amino acid supply
chain, and American corn growers.
If confirmed, will you include the issue of potential Chinese
unfair practices in the amino acid space as part of the Biden
administration's international trade agenda with China? Will you also
commit to briefing my office and the relevant Capitol Hill committees
on this issue on a biannual basis?
Answer. China's nonmarket economy and industrial policies
disadvantage U.S. companies and workers in numerous sectors. If
confirmed as Deputy USTR, I commit to making it a priority to combat
China's unfair trade practices, including those that harm U.S. amino
acid producers. I will consult closely with Congress on these efforts.
______
Questions Submitted by Hon. John Cornyn
Question. When nominee Tai appeared before us, now 3 months ago,
many Senators raised questions about the 25-percent section 301 China
tariffs the last administration had reimposed in January, and many of
us expressed our hope that USTR would act quickly to retroactively
extend the exclusions and set up a new round for applications for
exclusions. In her answers, she said, ``If confirmed, I commit to
assessing the section 301 tariffs and exclusion process as part of
President Biden's comprehensive approach to confronting the China
challenge.''
She appeared again 5 weeks ago, and Senators pressed her on when we
could expect USTR to act. She answered, ``As soon as we can, and ensure
that what we are doing has been thought through and is strategic and
has a clear objective.''
Last week, the Senate expressed its growing frustration with USTR's
inaction by adding provisions to the Innovation and Competition Act
that would compel USTR to retroactively renew exclusions and establish
a new process to apply for exclusions. This legislative action comes
after impacted companies and consumers have payed billions of dollars
in reimposed tariffs, a full five months since the President was
inaugurated, and three months after Katherine Tai was confirmed.
One specific area of complaint where an exclusion was previously
granted and was raised by my constituents is the import of art to
museums and exhibits here in the U.S.
If confirmed, can you commit to making the reestablishment of an
exclusion process for the section 301 tariffs an immediate priority?
Answer. The administration is currently reviewing its strategy with
respect to China, in light of its Build Back Better agenda to create
good-paying jobs and support American families. Similarly, USTR is
reviewing the China trade policy, including the section 301 tariffs and
exclusions. If confirmed, I will ensure that the approach to an
exclusion process and its reinstatement is consistent with the
administration's goals and a worker-centered trade policy.
Question. In May, USTR announced that it would support the waiving
of intellectual property for COVID-19 vaccines and support text-based
negotiations on a broader anti-innovation proposal from India and South
Africa--longtime opponents of intellectual property protections. This
was a dramatic shift from our historic and longstanding support for
stronger IP protections and enforcement globally. In other words, we
are usually in the business of supporting American innovation and
creativity, not supporting giving it away to our competitors.
Since such a waiver of WTO/TRIPS agreement is likely to undermine--
not expand--existing manufacturing capacity issues and will come months
after the U.S. has already donated its excess supply for the rest of
the world, as Deputy USTR will you recommit this administration to this
country's longstanding and bipartisan support for American intellectual
property?
Answer. The Biden-Harris administration believes strongly in
intellectual property protections. The COVID-19 pandemic presented an
extraordinary circumstance that required extraordinary measures. The
administration therefore supported a TRIPS waiver for COVID-19 vaccines
in service of ending this terrible global pandemic. The
administration's aim is to get as many safe and effective vaccines to
as many people as fast as possible. As our vaccine supply for the
American people is secured, the administration will continue to ramp up
its efforts--working with the private sector and all possible
partners--to expand vaccine manufacturing and distribution.
Question. One week from today will mark the 1-year anniversary from
entry into force of the USMCA. Over the last year, however, Mexico has
moved backwards here--and is now either non-compliant or threatening to
take action that would make them non-compliant with the agreement in a
wide range of issues that includes preferential treatment for state-run
energy companies, regulatory delays for U.S. ag biotech and
biopharmaceutical products, and local content quotas for film and
television programming, among other issues.
If this kind of disregard for the USMCA persists, will you support
USTR taking enforcement action to protect America's commercial
interests in the agreement?
Answer. If confirmed, I plan to use all of the tools available to
fully implement and uphold the promises and aims of the USMCA agreement
to protect U.S. commercial interests and U.S. workers.
Question. Farmers across Texas depend on export markets to maintain
farm income levels. The door has been cracked open in several emerging
markets, such as Southeast Asia where U.S. nonfat dry milk/skim milk
product exports have increased nearly 66 percent since 2018. With trade
agreements in place with countries like Vietnam and Malaysia to reduce
both tariff and nontariff barriers, there would likely be exponential
growth in U.S. agricultural exports to these markets. Strong exports
are of course great in terms of supporting the milk prices the dairymen
and dairywomen in Texas receive.
Could you please touch on the Biden administration's plans to
engage Southeast Asian countries in future trade negotiations?
Would you support some type of a multilateral, regional agreement
that accomplishes this goal such as the CPTPP?
Answer. The President is focused on making domestic investments
that will boost American competitiveness. These investments will
provide a solid foundation for ensuring that American goods, including
dairy products as well as manufactured goods, are globally competitive.
Inadequate infrastructure itself inhibits American competitiveness. The
President has indicated that he will not enter into any new agreements
until these investments have been made. However, it my expectation
that, if confirmed, I will be in close contact with our allies in
Southeast Asia to ensure that we are cooperating on a wide range of
trade matters, and to ensure that we are maximizing market access
opportunities already provided under the trade agreements we have in
the region.
Question. The Comprehensive and Progressive Agreement for Trans-
Pacific Partnership (CPTPP) has entered into force without the United
States. The agreement represents approximately half a billion people
and 14 percent of the global economy. American companies were
negatively impacted when the U.S. withdrew from the TPP agreement in
2017. Joining the CPTPP would be a good opportunity for the U.S. to
reclaim global leadership and write the rules of the road regarding
trade, intellectual property, environmental and labor standards. It
would also serve as an important foothold into key markets and help the
U.S. compete against China.
Do you support the U.S. joining the CPTPP or an equivalent
agreement in the Asia-Pacific region?
If not, can you explain why and what alternative you propose to
help the U.S. counter China's rising influence and ensure that American
exporters do not continue losing market share to their competitors?
Answer. Ambassador Tai noted in her confirmation hearing that the
Trans-Pacific Partnership was a good idea in concept. I agree with that
view, and I agree that it is important for the United States to engage
in the region. However, Ambassador Tai also noted that we have learned
many important lessons over the past decade, including during the
pandemic. The pandemic in particular highlighted the problems with
concentrated supply chains in China. Any U.S. engagement in the region
must ensure that we do not adopt policies that unintentionally
exacerbate those supply chain concerns, or otherwise do not reflect a
contemporary understanding of the challenges in the region.
Question. This month I, along with Senators Coons and Young,
introduced the Stopping and Excluding Chinese Ripoffs and Exports with
U.S. Trade Secrets or SECRETS act. This bill creates an Interagency
Committee on Trade Secrets to recommend the U.S. International Trade
Commission (ITC) institute a National Security Exclusion Order (NSEO)
to block those products containing or produced by those stolen trade
secrets. It only applies in the case of trade secrets stolen by a
foreign agent or instrumentality as defined in the Economic Espionage
Act. The ITC can issue the NSEO within 30 days if it is more likely
that not that the imports meet the criteria. This provides the U.S.
government a rapid response, deterrent mechanism for IP theft by a
foreign, sovereign power while providing due process through the ITC.
Can you tell me your thoughts on this bill (S. 2067)?
If confirmed, can you commit to working with me and my staff to
provide technical assistance and feedback as it moves through the
legislative process?
Answer. I support strong enforcement with respect to trade secret
theft that disadvantages U.S. innovators and workers. Such theft is
particularly concerning when sponsored or conducted by a state actor. I
support the goal of this bill of deterring and countering the impact of
such theft.
If confirmed, I will work with you to provide technical assistance
on aspects of the bill relevant to the equities and responsibilities of
USTR.
______
Questions Submitted by Hon. John Thune
Question. What trade initiatives, or potential trade agreements,
should the U.S. take to strengthen our economic relations in the Asia-
Pacific? Please provide at least three examples.
Answer. If confirmed, I will work with Ambassador Tai to deepen
trade engagement in the Asia-Pacific region. Specifically, I will work
with our trading partners in multilateral settings, such as APEC, as
well as in bilateral settings, to advance a worker-centered trade
policy that represents a high-standard alternative to China. If
confirmed, I will work with Ambassador Tai to craft a trade policy in
partnership with our allies that protects workers' rights and human
rights.
Question. What are your views on the U.S. leading a digital trade
agreement with countries in the Asia-Pacific? If confirmed, which
countries would you prioritize for such an agreement and how would you
work to advance those initiatives?
Answer. If confirmed, I am committed to working with the Biden-
Harris administration to craft a trade policy that strengthens our
economic relationships in the Asia-Pacific region.
Question. If the administration does not actively lead in trade in
the Asia-Pacific, what type of message will it send in terms of
American interest--and willpower--to remain a leader in the global
economy?
Answer. The Biden-Harris administration is already demonstrating
that the United States is back on the global stage. If confirmed, I am
committed to working with the Biden-Harris administration to craft a
trade policy that strengthens our economic relationships in the Asia-
Pacific region and benefits American workers, farmers and ranchers, and
businesses.
Question. At the hearing you suggested that the Comprehensive and
Progressive Agreement for Trans-Pacific Partnership (CPTPP) was
outdated.
What specific areas of the CPTPP are outdated? Do you believe the
U.S. should enter the CPTPP or some version of the agreement? What are
your thoughts on China's interest in joining the CPTPP?
Answer. If confirmed as Deputy USTR, I will work to advance a high-
standard, worker-centered trade policy that reflects American values,
supports U.S. manufacturing, and reduces vulnerabilities in our supply
chains. Any trade agreement must be good for U.S. workers. It must have
strong labor standards and effective labor enforcement mechanisms.
China's commitment to its nonmarket economic model and
unwillingness to change its industrial policies are well known. I will
work to ensure U.S. trade policy represents a viable, effective
alternative to China's industrial policies.
Question. I recently introduced a bipartisan resolution to call on
the WTO to reform its special and differential treatment rules so that
globally competitive countries such as China, with the world's second
largest economy, can no longer self-designate as a developing country
to gain unfair trade advantages. China declaring as a developing
country at the WTO misidentifies its economic standing, undermines
countries that are truly developing, and corrodes trust in the WTO
itself.
Do you agree that the WTO should reform its special and
differential treatment rules so that major economies can no longer
self-designate as a developing country? Would you expand on your
thoughts on this issue?
Answer. I agree that claiming special and differential treatment
allows major global economies to exempt themselves from WTO rules,
which weakens the organization's standards and effectiveness. If
confirmed as Deputy USTR, I will work with Ambassador Tai and the USTR
team in Geneva to reform the WTO in this and other areas.
______
Questions Submitted by Hon. Richard Burr
Question. China's violations of trade laws have disadvantaged many
U.S. businesses and workers. As you know, however, North Carolina's
agricultural exports have been affected by China's retaliatory tariffs,
and because of this China's ag purchase commitments in Phase One of the
China deal are incredibly significant for farmers in my State.
If confirmed, what steps will you take to ensure these commitments
are fulfilled?
Answer. If confirmed, I will work with Ambassador Tai to ensure
China lives up to its commitments under the Phase One Agreement, and I
will work with the entire USTR team to maximize market opportunities
for U.S. agricultural producers, including in China.
Question. Last month the Senate passed the Trade Act of 2021 as an
amendment to the China bill by a vote of 91-4. This amendment includes
a process for companies to request exclusions from the section 301
tariffs, a process that is necessary to ensure companies are not
unfairly penalized while we continue to pursue strong trade actions
against China.
If confirmed, will you reinstitute the exclusion process, and if
so, how soon? What actions will you take regarding previously granted
exclusions which have expired?
Answer. The administration is currently reviewing its strategy with
respect to China, in light of its Build Back Better agenda to create
good-paying jobs and support American families. Similarly, USTR is
reviewing the China trade policy, including the section 301 tariffs and
exclusions. If confirmed, I will participate in this review and in
crafting an approach in line with a worker-centered trade policy.
Question. A cornerstone of U.S. free trade agreements such as USMCA
and CAFTA-DR is the yarn-forward rule of origin for textile and apparel
products. This is critically important to the U.S. cotton, yarn
spinning and textile industries, as well as to the entire North
American supply chain. This production-based rule ensures that the
benefits of the agreements go to manufacturing industries and workers
in participatory countries--and not third country parties like China
who don't play by the rules.
With this in mind, will you support a strong yarn-forward rule of
origin for all future free trade agreements?
Answer. I expect future agreements to build on the yarn-forward
rule found in the USMCA.
______
Questions Submitted by Hon. Bill Cassidy
shrimp
Question. Recently, Congress took action to ensure seafood imports
harvested or produced using forced labor do not enter the United
States. In doing so, Congress directed USTR to engage with
``interested'' countries identify best practices, coordinate on data
sharing, reduce barriers to trade in fairly grown or harvested fish and
end the trade of products that either pose a risk of fraud or that have
been harvested or produced using illegal, unregulated or unreported
fishing, human trafficking or forced labor.
What countries do you believe would be interested in partnering
with the United States to address these issues?
Answer. I believe there will be many allied countries who will want
to actively engage with the U.S. on all facets of halting forced labor
including fishing. I hope that all nations will join in supporting a
meaningful outcome that will halt these abhorrent practices.
Question. What mechanisms can USTR utilize to bring countries to
the table who maybe reluctant to engage on these issues?
Answer. The Biden administration firmly believes that there is no
place for human trafficking and forced labor in any part of
international trade and will do everything in its power to eliminate
these elements from being exported to the United States. The
administration will not hesitate to coordinate interagency efforts to
block imports and launch multilateral disputes to ensure these
practices are stopped. If confirmed, I look forward to supporting those
efforts.
Question. Earlier this month, USTR announced a decision to impose
an additional 25-percent tariff on imports from India valued at roughly
$119 million, effective November 29, 2021 under its section 301
authority of the Trade Act of 1974. These are retaliatory tariffs
against Indian imports as a result of the digital services tax (DST). I
was pleased to see certain shrimp products imported from India were
included in the USTR's announcement. However, USTR's announcement
refers to cold water shrimp. Cold water shrimp are not harvested in
India because of its geographical location. Cold water shrimp--as the
name suggests--are cultured and harvested from the ocean floors of the
North Atlantic and Arctic Oceans. I raised this issue in May with Ms.
Tai: applying duties to the cold water shrimp imports would likely be
ineffective, because importers would simply switch back to warm water
categories to avoid the 25-percent tariff.
Stakeholders tell me they believe that the cold water shrimp
entering the U.S. from India is actually warm water shrimp that is
being mislabeled in order to avoid our anti-dumping tariffs. It would
be considerably more practicable and effective to instead apply
additional duties to warm water shrimp from India. Warm water farmed
shrimp is India's most important agricultural export, and the United
States is India's most important market for warm water shrimp.
Therefore, imposing duties on warm water shrimp will be a more direct
and vigorous means of incentivizing the Indian Government to reform the
application of its DST to U.S. digital services providers.
First, how can we fix this issue so that we are imposing tariffs on
shrimp actually raised or harvested from India?
Answer. In crafting a potential action under section 301 of the
Trade Act of 1974, the U.S. Trade Representative must determine what is
appropriate in light of the findings that, in this case, India's
Digital Services Tax is unreasonable and discriminatory and burdens or
restricts U.S. commerce. USTR adopted an action with respect to 26
tariff subheadings, with an estimated trade value for calendar year
2019 of approximately $119 million. If, in fact, these tariffs cover a
product that is mislabeled, originating from a country other than
India, USTR should work with Customs and Border Protection to ensure
that the products covered by the 301 action enter under the correct
country of origin, and if appropriate, modify the action to ensure it
continues to apply to the identified level of trade.
Question. What are your thoughts on how we ensure the U.S. takes
appropriate action to protect Americans from consuming shrimp farmed by
an industry that has faced disease outbreaks, chemical overuse, and
illegal, unreported, and unregulated (``IUU'') practices?
Answer. In March, the U.S. International Trade Commission published
a report about the challenge of illegal, unreported, and unregulated
fishing in U.S. seafood imports and the impact on the U.S. fisheries
industry. For 20 years, the members of the World Trade Organization
(WTO) have long sought to negotiate an agreement to combat harmful
fisheries subsidies. The United States has been a consistent leader in
this process and recently submitted a thoughtful proposal to address
the connection between forced labor and subsidies in the fishing
industry and the necessity of supply chain transparency and
responsibility. The WTO trade ministers are meeting this month to
discuss progress on this important matter. If confirmed, I will support
progress towards a meaningful agreement.
trips waiver
Question. In May, USTR announced that it would support the waiving
of intellectual property for COVID-19 vaccines and support text-based
negotiations on a broader anti-innovation proposal from India and South
Africa--longtime opponents of intellectual property protections. This
was a dramatic shift from our historic and longstanding support for
stronger IP protections and enforcement globally. In other words, we
are usually in the business of supporting American innovation and
creativity, not supporting giving it away to our competitors. Since
such a waiver of WTO/TRIPS agreement is likely to undermine--not
expand--existing manufacturing capacity issues and will come months
after the U.S. has already donated its excess supply for the rest of
the world.
As Deputy USTR can you please share your position on this issue,
and please explain your thoughts on how you will protect property
rights going forward.
Answer. The Biden-Harris administration believes strongly in
intellectual property protections. The COVID-19 pandemic presented an
extraordinary circumstance that required extraordinary measures. The
administration therefore supported a TRIPS waiver for COVID-19 vaccines
in service of ending this terrible global pandemic. The
administration's aim is to get as many safe and effective vaccines to
as many people as fast as possible. As our vaccine supply for the
American people is secured, the administration will continue to ramp up
its efforts--working with the private sector and all possible
partners--to expand vaccine manufacturing and distribution.
______
Questions Submitted by Hon. Todd Young
Question. I know the administration is focused on assessing and
mitigating issues with our supply chain, evident by the recent report
on supply chain resiliency. The report included a specific section on
biopharmaceuticals and called out innovation as a key component in
spurring the research and development that was needed for the COVID-19
response. Innovators must have strong intellectual property protections
to increase efficiency, maintain quality, and most importantly, save
lives. Without these safeguards, research and development will no doubt
plummet and hinder advancements needed to reach those in need.
Do you believe that IP protections are a critical part of creating
an environment conducive to innovation?
If confirmed, how will you ensure that innovators can boost their
supply chain resiliency and meet the recommendations set forth in the
administration's supply chain report?
Answer. As part of the 100-day review of critical supply chains
conducted in response to President Biden's Executive Order 14017, USTR
will lead a Trade Strike Force that will propose unilateral and
multilateral enforcement actions against unfair foreign trade practices
that have eroded critical supply chains. The trade strike force will
also identify opportunities to use trade agreements to strengthen
collective approaches to supply chain resilience with U.S. partners and
allies.
Question. Recently, the White House announced a new joint
initiative with the EU, the Trade and Technology Council (TTC). Among
its various goals, ensuring fair competition and establishing global
trade standards for emerging technologies are among the issues the TTC
will focus on. Yet, the EU has taken several unilateral actions that
would significantly impact American companies' ability to compete in
Europe; one example is the proposed Digital Markets Act, which would
prevent market dominance by forbidding ``gatekeeper'' companies from
undertaking certain actions. If this proposal were to become law in
Europe, it is highly anticipated that this would subject major U.S.
digital companies to various restrictions.
How do you propose the U.S. should use the new TTC partnership as a
strategic transatlantic response toward China's efforts to gain supply
chain and technology dominance?
Answer. President Biden has often emphasized that market
democracies, not China, should write global rules governing trade and
technology. Transatlantic cooperation on trade in emerging technology
products through the Trade and Technology Council is of particular
importance for sectors that both the U.S. and the EU have identified as
critical for our respective efforts to strengthen our supply chain
resilience in the face of Chinese industrial policies, such as clean
energy and semiconductors. If confirmed, I would work to make sure
these efforts are effective.
Question. In late May, the Senate voted to include the Trade Act of
2021 to the United States Innovation and Competition Act, which would
allow importers to obtain relief from section 301 tariffs imposed on
certain products from China, including renewing and extending expired
section 301 exclusions through December 31, 2022.
If confirmed, will you commit to working with U.S. stakeholders, in
coordination with Ambassador Tai, to reform the exclusion process and
renew expired section 301 tariff exclusions with retroactive extension
and/or another opportunity for applications?
Answer. The administration is currently reviewing its strategy with
respect to China, in light of its Build Back Better agenda to create
good-paying jobs and support American families. Similarly, USTR is
reviewing the China trade policy, including the section 301 tariffs and
exclusions. If confirmed, I will ensure that the approach to an
exclusion process and its reinstatement is consistent with the
administration's goals and a worker-centered trade policy.
______
Questions Submitted by Hon. Ben Sasse
Question. If confirmed, Asia will be a part of your portfolio as
Deputy United States Trade Representative (DUSTR). Given the CCP's
growing influence in the region, we must continue to pursue creative
economic solutions in order address this challenge. I have previously
discussed with Ambassador Tai the possibility of creating a tech
alliance among democracies with shared values.
Can you describe the strategic challenges for the United States
posed by continued economic and technological independence with the
CCP?
How do you plan to think creatively about crafting trade agreements
in the tech and digital spaces with countries that share our values to
jointly push back on China's techno-authoritarianism?
Will you commit to presenting this committee with a strategy for
establishing critical technology and digital trade agreements with our
like minded allies and partners?
Answer. I believe digital trade provides the United States with an
opportunity to advance shared goals among the United States and other
democracies with shared values, particular to fight techno-
authoritarianism. Digital trade policies that reflect the entire
digital ecosystem, from infrastructure, to workers, to market access,
to consumers, will allow the United States to address the threat of
digital authoritarianism more holistically. If confirmed, I would
welcome the opportunity to present the committee with a strategy to
achieve these goals.
Question. The ratification process for Regional Comprehensive
Economic Partnership (RCEP) is steadily advancing and includes several
large economies such as China, Australia and South Korea.
Is RCEP a threat to U.S. economic and security interest? Why or why
not?
Answer. RCEP is an agreement that may prove to be more symbolic
than substantive. While it does not include labor and environmental
standards, it does not prohibit the parties from committing to those
standards elsewhere and thus does not undermine broader U.S. goals of
ensuring that trade agreements facilitate shared prosperity. As the
experience of the United States and others at the World Trade
Organization indicates, while China is often willing to make
commitments in trade agreements, its adherence to those commitments
falls well short. Notably, India chose not to sign RCEP, even after
having participated in the negotiation.
Question. Following U.S. withdrawal from the Trans-Pacific
Partnership (TPP), the remaining member countries moved on to form the
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
(CPTPP) in 2018. The current configuration of CPTPP, as well as RCEP,
will likely stimulate intra-East Asian integration.
Should the U.S. consider joining the CPTPP or another TPP-like
multilateral agreement? Please explain why or why not.
Answer. The promise of CPTPP is that it will stimulate intra-East
Asian integration. However, the rules of CPTPP itself do not
necessarily align with the premise. The industrial supply chain rules,
for example, permit significant content to come from non-parties.
Ambassador Tai indicated during her confirmation hearing that TPP was a
good idea in concept. However, she also noted that we have learned many
important lessons over the past decade, including during the pandemic.
The pandemic in particular highlighted the problems with concentrated
supply chains in China. Any U.S. engagement in the region must ensure
that we do not adopt policies that unintentionally exacerbate those
supply chain concerns, or otherwise do not reflect a contemporary
understanding of the challenges in the region.
Question. I was pleased to hear Ambassador Tai and Taiwan Minister-
Without-Portfolio John Deng's joint commitment to reconvene the Trade
and Investment Framework (TIFA) talks. Taiwan has proven to be a strong
U.S. economic and strategic partner.
Do you view a trade agreement with Taiwan to be an important
national security approach in counteracting China?
How will you approach an FTA with Taiwan now that Taiwan has
granted greater access for U.S. pork and beef?
Where does an FTA with Taiwan fall on your priority list and where
do you see hurdles to an agreement?
Answer. I believe the United States and Taiwan have significant
opportunities to cooperate on trade, including with respect to supply
chain security and resilience. In addition to supply chains, Taiwan and
the United States have agreed to cooperate on ensuring that trade
promote shared prosperity, setting up a Labor Working Group, and will
also cooperate on environmental issues, including climate change.
______
Questions Submitted by Hon. John Barrasso
Question. In Wyoming, we have a lot to offer the Asian-Pacific
region. We produce some of the highest quality beef in the world.
Wyoming wants to export our beef, our soda ash, our coal/oil/natural
gas to this critical region.
Japan and Taiwan, among others continue to be major growth markets
for Wyoming exports. In fact, Wyoming opened its only international
trade office in Taipei, Taiwan in September 2018.
How does a multilateral approach versus a bilateral approach help
Wyoming access these export opportunities in the region?
Answer. If confirmed, I will work with Ambassador Tai to deepen
trade engagement in the Asia-Pacific region, which is critical to
countering China's influence in the region. I understand how important
market access opportunities are for U.S. producers, and I am committed
to working with the Biden-Harris administration to craft a trade policy
that benefits American workers, farmers and ranchers, and businesses.
Question. We are in a critical moment in the U.S.-China relations.
Given China's rapid rise as an economic powerhouse and their aggressive
behavior in the region and across the globe, can you discuss the
importance of the strengthening U.S. trade relations with Taiwan?
If the U.S. re-engages on the Comprehensive Progressive Agreement
for Trans-Pacific Partnership (CPTPP), which I believe is in our best
interest, how likely is it that we can integrate Taiwan into this
multilateral framework?
If we can't integrate Taiwan into a larger multilateral deal,
should the U.S. pursue a bilateral deal instead?
Answer. Taiwan is an important economic and strategic partner for
the United States. USTR recently concluded a round of TIFA negotiations
with Taiwan that covered a variety of issues, and, if confirmed as
Deputy USTR, I look forward to building off of that progress to
strengthen this critical relationship by collaborating on our shared
interests, such as resilient supply chains.
Question. The Trump administration used tariffs to bring China to
the negotiating table.
I believe they were effective in that regard. However, I also
believe tariffs have a shelf-life and there comes a point when they do
more harm than good.
Can you share your thoughts about how the section 301 tariffs have
impacted American companies, workers and consumers?
Answer. In some circumstances, the tariffs imposed on imports from
China under section 301 have likely impacted U.S. companies, workers
and consumers. However, analysis varies of the extent and duration of
that impact. In addition, we must counterbalance other objectives,
including discouraging the theft of China's predatory actions to
transfer technology from U.S. companies, which has led to shutting the
United States from certain supply chains. When we think of tariffs
overall, we should also consider how shifting and diversifying supply
chains may ultimately be a positive externality for the security and
economic well-being of the United States.
Question. As the global economy begins to recover from the damage
inflicted over the past year, many of our competitors are actively
pursuing trade agreements to improve market access and secure a
competitive advantage in key markets, especially in Asia.
The United States, however, is taking a very conservative approach
to trade negotiations. I believe this is a mistake and one we should
correct quickly.
Is it possible for the U.S. government to successfully negotiate
free trade agreements without Trade Promotion Authority?
Answer. If an agreement has a sufficient base of support, then it
may be possible for the agreement to pass both chambers without the
procedural safeguards of Trade Promotion Authority. The recent passage
of USMCA suggests that such an outcome is possible.
Question. Is there any good reason why the Senate Finance Committee
should not prioritize reauthorization of TPA?
Answer. I defer to the committee on whether it should prioritize
reauthorization of Trade Promotion Authority.
Question. Can the United States afford to fall behind our
competitors by not securing free trade agreements?
Answer. U.S. competitiveness is a priority for the administration.
Competitiveness encompasses a number of factors, including whether our
domestic policies do enough to support American workers. Market access
under free trade agreements is reciprocal. If we do not support
American competitiveness, through infrastructure and critical
investments in our people, then we will not be in a position to take
advantage of any market access provisions we might negotiate through
trade agreements.
Question. I believe we need to move quickly to reassert American
influence in Asia and strengthen our economic and national security
ties with our allies. While the administration continues to reassess
the way we make trade deals, China running circles around us. They are
signing trade deals as quickly as they can. They are expanding their
influence and trying to assert economic influence in all corners of the
globe.
When can we expect the administration to push for new trade deals?
And should we seek to strengthen bilateral relations while pursuing
a multilateral agreement in the region?
Answer. President Biden has made it clear that he is committed to
pursuing investments here at home before signing new trade agreements.
Investing in our infrastructure, communities, and workers will help to
make the United States more competitive. If confirmed as Deputy USTR, I
look forward to supporting the Biden-Harris administration's efforts to
make critical domestic investments and working with Ambassador Tai to
craft the trade policies to support them.
Question. Strong intellectual property (IP) protections in the
United States are critical for the invention and manufacturing of
innovative medicines and medical technologies. It is not a coincidence,
therefore, that the United States leads the world both in terms of
inventing and manufacturing these products and providing intellectual
property protections that incentivize innovation.
The President has called for waiving intellectual property rights
(IPRs) for vaccines because of the global health crisis. I strongly
disagree.
At the same time, he has made it very clear that this
administration believes the world is facing a ``climate crisis.'' On
April 22nd, the President called on countries to ``step up'' and take
further action on climate change in order to ``overcome the existential
crisis of our time.''
Do you think the COVID-19 pandemic is a crisis?
Do you agree with the President that because of this crisis vaccine
IPRs should be waived?
Do you agree with the President that there is a climate crisis?
Do you think we should waive American intellectual property rights
on green technology to combat the climate crisis?
What's the difference?
Answer. Within the first full week of taking office, President
Biden issued executive orders on both the COVID-19 pandemic and the
climate crisis. I agree with the President on the critical nature of
both issues and was glad, in particular, that Ambassador Tai joined the
President's Leaders Summit on April 22nd to discuss the potential
benefits of green jobs and technology to workers and the jobs of a
sustainable, more equitable, and prosperous future.
Question. U.S. businesses are often at a disadvantage vis-a-vis
state-owned enterprises (SOEs) that are not guided by market
principles. Such SOEs benefit from environmental, health, and labor
standards below that of publicly traded companies. The uranium miners
in Wyoming know this only too well, as U.S. mining has come to a
standstill at the hands of increased imports from places like Russia,
Uzbekistan and other countries where the Chinese have significant
mining investments. U.S. trade policy needs a clear strategy for
addressing the SOE imbalance.
Can you describe in detail how you would approach the challenges
facing U.S. companies with respect to SOEs?
Is USTR adequately equipped to address the SOE issue to ensure
American workers and businesses have level playing field in the
international marketplace? If not, can you explain where you think
existing USTR authority falls short in this area?
Answer. State-owned enterprises and other industrial policies of
nonmarket economies undermine U.S. companies and their workers. The
President's Trade Agenda makes clear that combating unfair trade
practices is a top priority of the administration. If confirmed as
Deputy USTR, I will work with Ambassador Tai to fully enforce existing
trade agreements and negotiate new trade rules to better combat global
market distortions caused by nonmarket economies. In addition, I will
seek to build support for these initiatives with like-minded U.S.
trading partners. I look forward to working with Congress on these
efforts.
______
Prepared Statement of Hon. Mike Crapo,
a U.S. Senator From Idaho
Thank you, Mr. Chairman. Ms. Bianchi, Mr. White, and Dr. Egorin,
welcome, and congratulations to all of you on your respective
nominations to very important positions.
While I appreciate we have two Deputy USTR nominees before us, I am
disappointed the administration has yet to nominate anyone to serve as
USTR Chief Innovation and Intellectual Property Negotiator (Chief IP
Negotiator), U.S. Ambassador to the World Trade Organization (WTO), or
Chief Agricultural Negotiator.
The administration's failure to nominate a Chief IP Negotiator and
a U.S. Ambassador to the WTO is particularly striking because the WTO
is starting weekly meetings today to discuss a potential waiver to the
WTO TRIPS Agreement. Not only is the decision to seek a waiver
misguided, but it is also unwise to negotiate such a waiver without
having the appropriate negotiators in place. The administration should
promptly name qualified individuals to these roles.
Likewise, the United States needs a qualified Chief Agricultural
Negotiator as soon as possible. This is particularly important for
agricultural areas like Idaho, where 31 percent of gross farm income
comes from exports. USDA estimates the United States will export $164
billion in farm goods this year.
That impressive number could be much higher if we could open more
markets to our world-class agricultural sector. Accordingly, the United
States needs effective Deputy USTRs to tear down trade barriers and
confront abusive trade practices, and today's nominees are well-
qualified for their positions.
I urge each of them to remember that any strong trade policy
requires a close partnership between USTR and Congress. Ms. Bianchi and
Mr. White are no strangers to government service, having each served
for more than a decade in various capacities. I look forward to hearing
more from both of you, Ms. Bianchi and Mr. White, regarding how you
would use your experience to engage the numerous challenges facing the
United States, particularly those involving China's intellectual
property theft, discriminatory digital services taxes, and the
proliferation of trade barriers in Mexico.
Turning to Dr. Egorin's nomination, the Assistant Secretary for
Legislation, or ASL, of HHS serves as a key liaison between Congress,
the Department, and its sub-agencies. HHS is a sprawling department
with policies affecting nearly every American, making Congress's
oversight and engagement incredibly important.
Medicare and Medicaid, two of the largest programs HHS oversees,
fall within this committee's jurisdiction. Together, they account for
more than one-fifth of all Federal outlays. When issues arise in these
programs, the ASL is one of the first phone calls members and staff
make. Responsiveness, transparency, and clarity in communication are
therefore key attributes of any successful ASL.
Dr. Egorin would bring substantial experience to the role from her
background on the House Ways and Means Committee. As the Deputy Staff
Director for the Health Subcommittee, she has partnered effectively
with our staff on issues of bipartisan concern. Dr. Egorin, if you are
confirmed, my staff and I look forward to our continued partnership in
working to improve our health-care system.
I request that each of our three witnesses today be detailed and
candid in responses to our questions, both here and in response to
questions for the record following this hearing.
Mr. Chairman, thank you for holding this hearing today. I look
forward to hearing from each of our nominees.
______
Prepared Statement of Melanie Anne Egorin, Ph.D., Nominated to be
Assistant Secretary for Legislation, Department of Health and Human
Services
Chairman Wyden, Ranking Member Crapo, members of the Senate Finance
Committee, thank you for considering my nomination to be the Assistant
Secretary for Legislation. And thank you, Chairman Neal, for the
gracious introduction.
It is my honor to be nominated by President Biden to serve as the
Assistant Secretary for Legislation at the Department of Health and
Human Services under Secretary Becerra. As someone who has worked for
the Federal Government--on Capitol Hill and at the Government
Accountability Office (GAO)--for more than 15 years, it is especially
humbling to sit before you today. I approach this position and our
conversation today with humility and a continued commitment to serving
the American people.
I am the daughter of a physician-scientist who brought his
collaborators home for dinner and his children to academic meetings. I
grew up surrounded by my father, his colleagues, and students working
to understand and treat cancer. They never forgot that each data point
in their research was a person with loved ones also impacted by the
disease.
When I began my own career working with women with HIV, I saw how
researchers and stakeholders used evidence grounded in the patient
experience to advance policy and address health equity. My commitment
to this approach and these issues is what brought me to Federal service
and what remains the core principle behind my career.
Throughout my 25-year career in health policy, the people helped
and hurt by the health-care system are my cornerstone: my student
working to complete his undergraduate degree while caring for his
elderly grandparents; the nurse visiting Medicare beneficiaries to make
their homes safe; the patient diagnosed with end-stage renal disease at
23 while serving in the Army; the 15-year-old boy with a preexisting
condition and his mother advocating to make sure his treatments are
covered by insurance; and the coal mine workers on the precipice of
losing their health coverage. I carry their voices with me and remember
their stories while I do my work.
The role of Assistant Secretary for Legislation is a unique
intersection of responsiveness and collaboration between the executive
and legislative branches of government. Throughout my career at GAO and
in Congress, I have seen firsthand how important this role is. If I am
fortunate enough to be confirmed, I will bring my breadth and depth of
policy knowledge and experience to be transparent and accountable as
Assistant Secretary for Legislation at the Department of Health and
Human Services.
I approach policy development and implementation from a pragmatic
position that is filled with hope and the belief that we can do better.
From my experience at GAO, and in my work at the Committee on Ways and
Means, I understand the importance of taking a bipartisan, bicameral
approach to policymaking. I recognize the importance of asking
questions about current policies and programs to build on them and
improve the health of the Nation, and our health-care system.
I want to thank Chairman Neal, members of the Ways and Means
Committee, and the numerous Representatives and Senators who have
allowed me to work on their behalf, and with their staff, to craft
policies that make our health-care system better--in very large but
also very small ways.
I understand and believe that successful bipartisan solutions help
people. My colleagues--the current and former Hill staff with whom I
have worked across the aisle and across the Capitol--thank you for
working with me. We may not always agree on policy specifics, but we
have consistently found ways to move forward on behalf of the American
people. If confirmed, I look forward to continuing to work with members
and their staff in this collaborative manner.
The Department of Health and Human Services faces a broad range of
challenges, from expanding health coverage, to caring for our children
and seniors, to supporting innovation and scientific advancement, to
responding to and recovering from COVID-19, which exposed many
inequities I have worked to address throughout my career.
I appreciate the opportunity that this administration has to work
with Congress to tackle these challenges in a meaningful way. Given the
impact the Department has on the Nation's health and economy, if
confirmed, I look forward to continuing to serve the American people.
As I conclude my testimony, I want to thank my spouse, Brian
Tarleton, for building a life together that honors what is important to
both of us, and our children, Atticus and Lorelei, for challenging me
and forcing me to think about new ideas every day.
My mother, Karen Egorin-Yaker, and my late father, Merrill Jon
Egorin, would often admonish me and my brother that our actions reflect
our upbringing. I hope my actions to date, and if I am confirmed as the
Assistant Secretary for Legislation, reflect their strong belief in
valuing diversity of thought and experience in solving problems as well
as using one's knowledge, heart, and hard work to make the world
better.
Senators, I am happy to answer your questions today and, if
confirmed as the Assistant Secretary for Legislation at the Department
of Health and Human Services, for many years in the future.
______
SENATE FINANCE COMMITTEE
STATEMENT OF INFORMATION REQUESTED
OF NOMINEE
A. BIOGRAPHICAL INFORMATION
1. Name: (include any former names used): Melanie Anne Egorin.
2. Position to which nominated: Assistant Secretary for Legislation,
U.S. Department of Health and Human Services.
3. Date of nomination: March 11, 2021.
4. Address: (list current residence, office, and mailing addresses):
5. Date and place of birth: September 14, 1973, Towson, Maryland.
6. Marital status: (include maiden name of wife or husband's name):
7. Names and ages of children:
8. Education: (list all secondary and higher education institutions,
dates attended, degree received, and date degree granted):
Franklin High School.
Reisterstown, Maryland.
September 1987-May 1991.
High School Degree, May 1991.
Emory University.
August 1991-May 1995.
Bachelor of Arts and Master of Arts, May 1995.
University of California, San Francisco.
August 1995-June 2004.
Doctor of Philosophy, June 2004.
9. Employment record (list all jobs held since college, including the
title or description of job, name of employer, location of work, and
dates of employment for each job):
------------------------------------------------------------------------
Employer and
Title/Responsibilities Location Start Date End Date
------------------------------------------------------------------------
Professional U.S. House 01/2014 Present
Congressional Staff Committee on
Ways and
Means,
Washington,
DC
------------------------------------------------------------------------
Policy Staff * U.S. 06/2004 01/2014
Government
Accountabilit
y Office,
Washington,
DC
------------------------------------------------------------------------
Community Liaison U.S. 04/2010 07/2011
Officer ** Department of
State,
Frankfurt,
Germany
------------------------------------------------------------------------
Research Analyst Association of 09/2002 08/2003
American
Universities,
Washington,
DC
------------------------------------------------------------------------
Policy Analyst University of 03/2001 08/2002
(Student Academic California,
Services) Office of the
President,
Oakland, CA
------------------------------------------------------------------------
Research Associate University of 08/1999 08/2002
(Department of Social California,
and Behavioral San
Sciences) Francisco,
San
Francisco, CA
------------------------------------------------------------------------
Training Assistant University of 06/1999 08/1999
(SRTP) California,
San
Francisco,
San
Francisco, CA
------------------------------------------------------------------------
Research Analyst University of 08/1998 12/1999
(Office of California,
Institutional San
Research) Francisco,
San
Francisco, CA
------------------------------------------------------------------------
Research Assistant University of 09/1997 09/1998
(Center for AIDS California,
Prevention Studies) San
Francisco,
San
Francisco, CA
------------------------------------------------------------------------
Adjunct Faculty/ San Francisco 08/1998 12/2001
Instructor State
University,
San
Francisco, CA
------------------------------------------------------------------------
Research Assistant University of 09/1996 05/1997
(Commission on the California,
Future of Medical Office of the
Education) President,
Oakland, CA
------------------------------------------------------------------------
Adjunct Faculty/ California 06/1996 12/1998
Instructor State
University,
Hayward (now
CSU East
Bay),
Hayward, CA
------------------------------------------------------------------------
Research Assistant and University of 09/1995 11/1997
Data Manager (School California,
of Nursing) San
Francisco,
San
Francisco, CA
------------------------------------------------------------------------
Intern/Data Analytics Centers for 05/1995 08/1995
Disease
Control and
Prevention,
Atlanta, GA
------------------------------------------------------------------------
Greeter and Server TGI Fridays, 05/1995 08/1995
Atlanta GA
------------------------------------------------------------------------
* GAO detailee to Committee on Ways and Means (July 2012-December 2013).
** Concurrent appointment, no hours attributed to GAO,
10. Government experience (list any current and former advisory,
consultative, honorary, or other part-time service or positions with
Federal, State, or local governments held since college, including
dates, other than those listed above):
N/A.
11. Business relationships (list all current and former positions held
as an officer, director, trustee, partner (e.g., limited partner, non-
voting, etc.), proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, other business enterprise, or
educational or other institution):
Co-trustee of the Merrill Jon Egorin Revocable Trust (a family
trust).
12. Memberships (list all current and former memberships, as well as
any current and former offices held in professional, fraternal,
scholarly, civic, business, charitable, and other organizations dating
back to college, including dates for these memberships and offices):
Professional Societies
National Academy of Social Insurance 2021.
American Sociological Association 1995-2004 (estimated).
Pacific Sociological Association 1996-2004 (estimated).
Sociologists for Women in Society 1996-2004 (estimated).
National Association of Graduate and Professional Students
1996-1999; Program Committee 1997.
Association of Institutional Research 1999-2004.
Educational Organizations
Brent Elementary School PTA 2008-2019; Board Member 2011-2012
(estimated).
Stuart Hobson Middle School PTA 2016-2019.
Washington Latin PTA 2019-present.
School without Walls Home School Association 2019-present.
UCSF Graduate Student Association 1995-2003 (estimated); Chair
1999-2000.
UCSF Women in Life Sciences 1996-2004 (estimated); Seminar
Series Coordinator 1998-1999.
Pan-Hellenic Organization
Alpha Phi, Emory University Chapter 1992-1995; Greek Life
Advisor 1994-1995.
Religious Organizations
BethAm, Baltimore, MD 1973-2019.
Hill Havurah, Washington, DC 2013--present (estimated).
Community Organizations
Arcadia Farm Center for Sustainable Food and Agriculture,
Alexandria, VA 2013-present.
GreenSeed Community Garden 2016-present.
Potomac Avenue Community Garden 2005-2009, 2011-2015.
.DC Stitch 'n Bitch, Founder and Convener 2003-2009.
13. Political affiliations and activities:
a. List all public offices for which you have been a candidate
dating back to the age of 18.
N/A.
b. List all memberships and offices held in and services
rendered to all political parties or election committees,
currently and during the last 10 years prior to the date of
your nomination.
N/A.
c. Itemize all political contributions to any individual,
campaign organization, political party, political action
committee, or similar entity of $50 or more for the past 10
years prior to the date of your nomination.
See table.
------------------------------------------------------------------------
Contribution Description Date Amount
------------------------------------------------------------------------
BIDEN FOR PRESIDENT 10/08/2020 $98.39
------------------------------------------------------------------------
BIDEN VICTORY FUND 10/08/2020 $98.39
------------------------------------------------------------------------
BETO FOR TEXAS 09/28/2018 $100.00
------------------------------------------------------------------------
HILLARY VICTORY FUND 10/11/2016 $250.00
------------------------------------------------------------------------
HILLARY FOR AMERICA 10/11/2016 $250.00
------------------------------------------------------------------------
DCCC 10/9/2016 $100.00
------------------------------------------------------------------------
HILLARY FOR AMERICA 10/9/2016 $100.00
------------------------------------------------------------------------
KYRSTEN SINEMA FOR CONGRESS 04/19/2016 $150.00
------------------------------------------------------------------------
14. Honors and awards (list all scholarships, fellowships, honorary
degrees, honorary society memberships, military medals, and any other
special recognitions for outstanding service or achievement received
since the age of 18):
National Academy of Social Insurance: 2021 (elected into
membership).
Women's Congressional Staff Foundation Leadership Impact Award:
2020.
Alliance for Health Policy Bipartisan Congressional Staff
Award: 2018.
Aspen Institute/Commonwealth Fund Scholar: 2018.
Stuart Family Congressional Fellow (Stanford University): 2018.
Politico Emerging Health Care Leader: 2015.
GAO Managing Director's Teamwork Award: 2007.
UCSF Chancellor's Award for the Advancement of Women: 2000.
UCSF Champion of Diversity: 1999.
University of California AIDS Research Program Fellow: 1996-
1998.
University of California Regents Fellow: 1995-1996.
Solomon and Sara Sutker Outstanding Undergraduate Award: 1995.
Alpha Kappa Delta (international sociology honor society):
1994.
Order of Omega (leadership honor society for members of Greek
organizations): 1993.
15. Published writings (list the titles, publishers, dates, and
hyperlinks (as applicable) of all books, articles, reports, blog posts,
or other published materials you have written):
Dissertation
HIV Case Management Services and the Quality of Care Delivery.
Submitted June 2004. [No link available].
GAO publications
Medicare Special Needs Plans: CMS Should Improve Information
Available about Dual-Eligible Plans' Performance, GAO-12-864:
Published: September 13, 2012. Publicly Released: September 19,
2012.
Ryan White CARE Act: Implementation of the New Minority AIDS
Initiative Provisions, GAO-09-315: Published: March 27, 2009.
Publicly Released: March 27, 2009.
VA Health Care: Facilities Have Taken Action to Provide
Language Access Services and Culturally Appropriate Care to a
Diverse Veteran Population, GAO-08-535: Published: May 28,
2008. Publicly Released: May 28, 2008.
VA Health Care: Recruitment and Retention Challenges and
Efforts to Make Salaries Competitive for Nurse Anesthetists,
GAO-08-647T: Published: April 9, 2008. Publicly Released: April
9, 2008.
Medicare: CMS's Proposed Approach to Set Hospital Inpatient
Payment Appears Promising, GAO-06-880: Published: July 28,
2006. Publicly Released: July 28, 2006.
Medicare Outpatient Payments: Rates for Certain Radioactive
Sources Used in Brachytherapy Could Be Set Prospectively, GAO-
06-635: Published: July 24, 2006. Publicly Released: July 24,
2006.
Medicare Inpatient Hospital Payments: CMS Has Used External
Data for New Technologies in Certain Instances and Medicare
Remains Primary Data Source, GAO-07-46: Published: September
26, 2007. Publicly Released: September 26, 2007.
Not author but named discussant in publication
Will Federalism Improve the U.S. Health Care System? Princeton,
New Jersey, May 21-23, 2019.
Addressing Health Disparities in Medicare: Convening Report.
Better Medicare Alliance, December 2019.
Original Articles and Letters
Phillips, KA, S Fernyak, A Potosky, HH Schauffler and MA
Egorin, ``Do Enrollees in Managed Care Plans Obtain More
Preventive Services than Enrollees in Non-Managed Care Plans:
An Updated Perspective,'' Health Affairs 19(1), January/
February 2000, pages 102-116.
Phillips, KA, S Fernyak, A Potosky, HH Schauffler and MA
Egorin, Response to commentary in Health Affairs 19(3), May/
June 2000, page 285. [No link available.]
Academic Abstracts
``Evaluating Case Management for HIV-Positive Women with
Children,'' Health Research Service Administration, 2000. [No
link available.]
``Ethnic and Age Disparities in Surgical Treatment among Breast
Cancer Patients,'' Academy for Health Services Research and
Health Policy, 2002. [No link available.]
Technical Reports
Office of Institutional Research, University of California San
Francisco. The Graduate Division: Enrollment, Time-to-Degree
and Ph.D. Placement, prepared for the reaffirmation of
accreditation by Western Association of Schools and Colleges,
1999. [No link available.]
Office of Institutional Research, University of California San
Francisco. Institutional Quality Assurance Portfolio, prepared
for the reaffirmation of accreditation by Western Association
of Schools and Colleges, 1999. [No link available.]
Eversley, R and MA Egorin. HIV Case Management Needs in Alameda
County, prepared for the Alameda County Ryan White CARE Act
Title I and II Planning Council, 2000. [No link available.]
Eversley, R and MA Egorin. HIV Case Management Administrator
Survey, prepared for the Alameda County, Ryan White CARE Act
Title I and II Planning Council, 2000. [No link available.]
Eversley, R and MA Egorin. HIV Case Management Needs of Latino
and Latina Clients in Alameda County, prepared for the Alameda
County Ryan White CARE Act Title I and II Planning Council,
2000. [No link available.]
Student Academic Services, University of California Office of
the President. Estimating the Number of Community College
Students Preparing for UC Transfer: Results from an Analysis of
the California Community College Student Database, 2001. [No
link available.]
Student Academic Services, University of California Office of
the President. A Review of the Data Concerning the Academic
Performance of California Community College Students Following
their Transfer to the University of California, prepared for
the MOU Implementation Committee, 2001. [No link available.]
Student Academic Services, University of California Office of
the President. Community College Transfer Students at the
University of California: 2002 Annual Report, 2002. [No link
available.]
Student Academic Services, University of California Office of
the President Information Digest 2002: A University of
California Reference Guide, 2002. [No link available.]
16. Speeches (list all formal speeches and presentations (e.g.,
PowerPoint) you have delivered during the past 5 years which are on
topics relevant to the position for which you have been nominated,
including dates):
As is the custom for congressional staff, I have participated
in numerous panels and presentations that were ``off the
record'' and ``not for attribution.'' With few exceptions,
these events did not include prepared remarks, presentations or
other such materials. Below is a list of my speeches during the
past 5 years. Speeches with formal remarks are noted below and
copies provided.
------------------------------------------------------------------------
Speech Forum Date
------------------------------------------------------------------------
SHPYP Telehealth Summit 03/2021
------------------------------------------------------------------------
Association of Community Affiliated Plans Virtual Fly-In 02/2021
------------------------------------------------------------------------
National Minority Quality Forum 02/2021
------------------------------------------------------------------------
Credit Suisse DC Healthcare Policy Day 02/2021
------------------------------------------------------------------------
Leavitt Partners DC Policy Forum 01/2021
------------------------------------------------------------------------
Women's Congressional Staff Foundation Awards Ceremony* 12/2020
------------------------------------------------------------------------
BRG Health Leadership Conference 12/2020
------------------------------------------------------------------------
The Four-Year Forecast for Healthcare Policy, Free the 11/2020
Facts
------------------------------------------------------------------------
American Health Law Association 10/2020
------------------------------------------------------------------------
National Hospice and Palliative Care Organization 10/2020
------------------------------------------------------------------------
UBS Virtual Healthcare DC Day 10/2020
------------------------------------------------------------------------
Winston Scholars Symposium 10/2020
------------------------------------------------------------------------
Health and Aging Fellow Panel 10/2020
------------------------------------------------------------------------
Employer Benefits Council 09/2020
------------------------------------------------------------------------
McDonough School of Business at Georgetown University 03/2020
------------------------------------------------------------------------
Health Systems and Policy, Duke University 01/2020
------------------------------------------------------------------------
Washington Innovation in Longevity Summit 12/2019
------------------------------------------------------------------------
SEIU Panel 11/2019
------------------------------------------------------------------------
Tax Issues for Health Care Organizations, American Health 10/2019
Law Association
------------------------------------------------------------------------
Speire Healthcare Strategies, Medicare: 2020 and Beyond 10/2019
------------------------------------------------------------------------
Robert Wood Johnson Fellowship Alumni Retreat 10/2019
------------------------------------------------------------------------
Winston Scholar Symposium Panel 10/2019
------------------------------------------------------------------------
UBS DC Day, Congressional Staffer Panel 10/2019
------------------------------------------------------------------------
Medicare Advantage Summit, Better Medicare Alliance 07/2019
------------------------------------------------------------------------
Health and Aging Policy Fellowship Symposium Panel 06/2019
------------------------------------------------------------------------
Leadership Discussions on Supplemental Benefit 05/2019
Flexibility, Bipartisan Policy Center
------------------------------------------------------------------------
The 26th Princeton Conference 05/2019
------------------------------------------------------------------------
Congressional Health Committee Series, Women in Government 04/2019
Relations
------------------------------------------------------------------------
NCCMP Lawyers and Administrators Meeting Health Care Panel 04/2019
------------------------------------------------------------------------
ACS CAN National Forum on the Future of Health Care 04/2019
------------------------------------------------------------------------
AdvaMed 5th Annual Payment Policy Conference 04/2019
------------------------------------------------------------------------
23rd Annual Conference of the National Hispanic Medical 04/2019
Association
------------------------------------------------------------------------
Value Based Insurance Design Summit (University of 03/2019
Michigan)
------------------------------------------------------------------------
ACAP Congressional Panel 02/2019
------------------------------------------------------------------------
HIMSS National Conference 02/2019
------------------------------------------------------------------------
Leavitt Partners Policy Forum: House Legislative Agenda 01/2019
Panel
------------------------------------------------------------------------
National Hospice and Palliative Care Organization and the 10/2018
Better Medicare Alliance Medicare Advantage Stakeholder
Summit
------------------------------------------------------------------------
SNP Alliance 10/2018
------------------------------------------------------------------------
Winston Scholar Symposium Panel 09/2018
------------------------------------------------------------------------
Girls in Politics 08/2018
------------------------------------------------------------------------
Using Medicare to Improve Chronic Care: Opportunities and 05/2018
Challenges, Bipartisan Policy Center
------------------------------------------------------------------------
Women in Government Relations Committee Series--House 03/2018
Panel
------------------------------------------------------------------------
National PACE Association View of the Hill 03/2018
------------------------------------------------------------------------
Employers Council on Flexible Compensation 03/2018
------------------------------------------------------------------------
HIMSS National Conference 03/2018
------------------------------------------------------------------------
American Academy of Actuaries, Annual Meeting Breakout 11/2017
Session The Uncertainties in Health Care (part 1)
------------------------------------------------------------------------
Women in Health Policy, Milken Institute School of Public 10/2017
Health, George Washington University
------------------------------------------------------------------------
Better Medicare Alliance Convening on Achieving High Value 07/2017
Care for Chronically Ill Medicare Advantage Beneficiaries
------------------------------------------------------------------------
The Jewish Federation of North America 05/2017
------------------------------------------------------------------------
Urban Institute Risk Adjustment Summit 05/2017
------------------------------------------------------------------------
National Renal Administrators Association 05/2017
------------------------------------------------------------------------
ML Strategies 2nd Annual Pharmacy Industry Summit 04/2017
------------------------------------------------------------------------
Employers Council on Flexible Compensation 03/2017
------------------------------------------------------------------------
Alliance of Community Health Plans Government Affairs 02/2017
Engagement Day
------------------------------------------------------------------------
HGPII Best Practices Forum 10/2016
------------------------------------------------------------------------
SNP Alliance 10/2016
------------------------------------------------------------------------
Premier MACRA Hill Panel 06/2016
------------------------------------------------------------------------
National Renal Administrators Association 05/2016
------------------------------------------------------------------------
Non-traditional Career Pathways for Ph.D.s, Johns Hopkins 04/2016
University
------------------------------------------------------------------------
National PACE Association 04/2016
------------------------------------------------------------------------
American Association of Nurse Practitioners 03/2016
------------------------------------------------------------------------
* Prepared remarks given.
17. Qualifications (state what, in your opinion, qualifies you to
serve in the position to which you have been nominated):
I, Dr. Melanie Anne Egorin, am honored to be nominated by
President Biden to serve as the Assistant Secretary for
Legislation at the Department of Health and Human Services. I
approach this position with humility and a continued commitment
to serving the American people.
I have 25 years of health policy experience, including more
than 15 years with the Federal Government. I would enter this
role with a breadth and depth of policy knowledge of Federal
health programs and the American health system; a track record
of working in taking a bipartisan and data-driven approach to
my work; and over a decade of experience managing complex
operations.
The role of Assistant Secretary for Legislation is a unique
intersection of responsiveness and collaboration between the
executive and legislative branches of government. If I am
fortunate to be confirmed as the Assistant Secretary for
Legislation, I will leverage my expertise in Federal health
policy, my deep knowledge of the legislative process, and my
commitment to making policy work for the American people.
I have personally seen the role the Department of Health and
Human Services can play in innovation, treatment of disease,
and training of our workforce--locally and nationwide. This
perspective has anchored my career of working in Federal health
policy. Whether it was the NIH colleagues that collaborated
with my father on cancer and HIV research, the committed CDC
employees that I encountered during my time at Emory
University, the communities affected by HIV and barriers to
care that shaped my dissertation, or my doctoral training at
the University of California, San Francisco, I learned early
the importance of Federal support for innovation and research
as well as the training of our future health care and
scientific workforce. These early experiences of scientists,
doctors, and stakeholders working to make health care better
ground my commitment to following the data but not forgetting
the people behind the numbers.
Over the course of my Federal Government service, I have
approached policy development and implementation from a
pragmatic, data-driven position. A hallmark of my work at both
the Government Accountability Office (GAO) and the Committee on
Ways and Means has been collaboration with stakeholders
including patients, providers, and employers, others in the
Government, and my colleagues across the aisle to improve the
health-care system for Americans.
For almost a decade, I have worked for the Committee on Ways
and Means, first as a detailee from GAO, then as professional
staff, and now as a Deputy Staff Director. In this role, I work
closely with members from both sides of the aisle and their
staffs as well as my counterparts on other committees and
leadership offices to develop, draft, and pass legislation.
Working in a bipartisan manner, I have been involved in the
passage of key health legislation to address the pressing needs
of Americans including Medicare improvements in MACRA,
addressing the opioid epidemic in the SUPPORT Act, supporting
innovation through the 21st Century CURES act, and most
recently the numerous bills to address the health and economic
impacts of COVID-19. I have also worked in a bipartisan manner
to make incremental improvements to Medicare, such as extending
the comment period for Medicare Advantage, and health-tax
policy, such as including menstrual care products as tax-
preferred account reimbursable items. Even working on more
partisan issues, such as the Affordable Care Act, as is the
nature of being legislative staff on the Hill, I have
maintained bipartisan working relationships.
Data-driven solutions to complex problems guide my policy work
and have throughout my career. Taking this approach has allowed
for bipartisan conversations based on shared underlying facts
and policy refinement based on new data, often provided by the
administration at the request of Congress. Legislation to
improve access to preventive care in high-deductible health
plans, to strengthen consumer protections and maintain provider
networks while addressing surprise billing and make certain
special needs plans permanent while moving towards value-based
insurance design for Medicare Advantage are all a result of
this approach.
My tenure at GAO also provided me with an understanding of the
importance of taking a bipartisan, bicameral approach to
policymaking and highlighted the important distinctions between
the House and Senate. In addition, the work of GAO highlights
the nuances between legislative intent and executive
implementation. At GAO, I produced timely, responsive,
nonpartisan materials that required working with both HHS and
congressional offices to provide the information needed to
strengthen and improve Federal health-care programs from
Medicare to Medicaid to the Veterans Health Administration.
In addition to my pure policy and legislative expertise, I am
an experienced--and awarded--manager, mentor, and collaborator
adept at working across roles and responsibilities in complex
organizations. In the course of working as, and leading,
committee staff, I have developed a host of strategies for
working successfully with others with whom goals are shared but
reporting hierarchies are not. My past experience working with
other committees, individual member offices, leadership, or
often other branches of government, will prepare me to be a
responsive and collaborative Assistant Secretary for
Legislation at the Department of Health and Human Services.
Given the breadth and depth of the Department Health and Human
Services and the impact the Department has on the Nation's
health and economy, I look forward to using my expertise and
experience to continue to serve the American people.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections (including participation in future
benefit arrangements) with your present employers, business firms,
associations, or organizations if you are confirmed by the Senate? If
not, provide details.
Yes.
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, provide details.
No.
3. Has any person or entity made a commitment or agreement to employ
your services in any capacity after you leave government service? If
so, provide details.
No.
4. If you are confirmed by the Senate, do you expect to serve out
your full term or until the next presidential election, whichever is
applicable? If not, explain.
Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Indicate any current and former investments, obligations,
liabilities, or other personal relationships, including spousal or
family employment, which could involve potential conflicts of interest
in the position to which you have been nominated.
Any potential conflict of interest will be resolved in
accordance with the terms of my ethics agreement, which was
developed in consultation with ethics officials at the
Department of Health and Human Services and the Office of
Government Ethics. I understand that my ethics agreement has
been provided to the committee. I am not aware of any potential
conflict other than those addressed by my ethics agreement.
2. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years (prior to the
date of your nomination), whether for yourself, on behalf of a client,
or acting as an agent, that could in any way constitute or result in a
possible conflict of interest in the position to which you have been
nominated.
Any potential conflict of interest will be resolved in
accordance with the terms of my ethics agreement, which was
developed in consultation with ethics officials at the
Department of Health and Human Services and the Office of
Government Ethics. I understand that my ethics agreement has
been provided to the committee. I am not aware of any potential
conflict other than those addressed by my ethics agreement.
3. Describe any activity during the past 10 years (prior to the date
of your nomination) in which you have engaged for the purpose of
directly or indirectly influencing the passage, defeat, or modification
of any legislation or affecting the administration and execution of law
or public policy. Activities performed as an employee of the Federal
Government need not be listed.
N/A.
4. Explain how you will resolve any potential conflict of interest,
including any that are disclosed by your responses to the above items.
(Provide the committee with two copies of any trust or other
agreements.)
Any potential conflict of interest will be resolved in
accordance with the terms of my ethics agreement, which was
developed in consultation with ethics officials at the
Department of Health and Human Services and the Office of
Government Ethics. I understand that my ethics agreement has
been provided to the committee. I am not aware of any potential
conflict other than those addressed by my ethics agreement.
5. Two copies of written opinions should be provided directly to the
committee by the designated agency ethics officer of the agency to
which you have been nominated and by the Office of Government Ethics
concerning potential conflicts of interest or any legal impediments to
your serving in this position.
I understand that my ethics agreement has been provided to the
committee.
D. LEGAL ANO OTHER MATTERS
1. Have you ever been the subject of a complaint or been
investigated, disciplined, or otherwise cited for a breach of ethics
for unprofessional conduct before any court, administrative agency
(e.g., an Inspector General's office), professional association,
disciplinary committee, or other ethics enforcement entity at any time?
Have you ever been interviewed regarding your own conduct as part of
any such inquiry or investigation? If so, provide details, regardless
of the outcome.
No.
2. Have you ever been investigated, arrested, charged, or held by any
Federal, State, or other law enforcement authority for a violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than a minor traffic offense? Have you ever been interviewed
regarding your own conduct as part of any such inquiry or
investigation? If so, provide details.
No.
3. Have you ever been involved as a party in interest in any
administrative agency proceeding or civil litigation? If so, provide
details.
No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, provide details.
No.
5. Please advise the committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination.
N/A.
E. TESTIFYING BEFORE CONGRESS
1. If you are confirmed by the Senate, are you willing to appear and
testify before any duly constituted committee of the Congress on such
occasions as you may be reasonably requested to do so?
Yes.
2. If you are confirmed by the Senate, are you willing to provide
such information as is requested by such committees?
Yes.
______
Questions Submitted for the Record to Melanie Anne Egorin, Ph.D.
Questions Submitted by Hon. Maria Cantwell
basic health plan
Question. Will you work with me to promote the Basic Health Plan
and help more States to implement it?
Answer. The Basic Health Plan is an innovative option for States to
improve access to care and in line with the Biden administration goals
of affordability and coverage for all. If confirmed, I would be happy
to work with you on this.
telehealth
Question. How would you approach the issue with payment parity for
the various telehealth services? Which metrics would you use to
evaluate the appropriate amount for reimbursements?
Which methods would you use to promote telehealth literacy and
expand access to technology for people who don't have them?
How would you evaluate the quality of services provided and what do
you plan to do to enforce these standards?
Answer. Telehealth is an important tool to improve health equity
and access to health care. Health care should be accessible, no matter
where you live. If confirmed, I would look forward to working with you
and my colleagues at the Centers for Medicare and Medicaid Services on
this issue.
______
Questions Submitted by Hon. Sheldon Whitehouse
Question. Although COVID-19 increased health-care utilization in
2020 and 2021, the Congressional Budget Office's February 2021
projections estimate that Federal health spending over the next decade
will be $6 trillion lower than it predicted in August 2010 for the same
budget window. While a portion of the difference in health-care
spending relates to the repeal of the individual mandate and other
policy changes, much of it appears to result from a sustained slowdown
in health spending growth in recent years. Despite this slowdown in
spending, the Congressional Budget Office recently updated their
projections for the Medicare Hospital Insurance Trust Fund, now
estimating that the trust fund will face insolvency in 2024.
What delivery system reforms will the administration advance to
lower health-care spending and address Medicare insolvency before 2024?
Answer. Medicare solvency is an incredibly important, longstanding
issue. If confirmed, I look forward to working with Congress, and in
concert with the Centers for Medicare and Medicaid Services, on a
bipartisan basis to address this. We will need both short-term and
long-term strategies--including delivery system reform--to make sure
Medicare remains a bedrock of our health-care system. It is essential
that we protect and strengthen this program for Americans who have
spent their lives paying into it.
Question. The Centers for Medicare and Medicaid Services, through
the Medicare Care Choices Model and the Center for Medicare and
Medicaid Innovation, through a number of care models including the
Primary Care First--Seriously Ill Population model and the NextGen ACO
program, offer a number of waivers that would make the delivery of end-
of-life care more patient-focused. I've spoken with Center for Medicare
and Medicaid Innovation Director Liz Fowler repeatedly about making it
easier for states like Rhode Island to access the waivers available in
these demos. I have legislation, the Removing Barriers to Person- and
Family-Centered Care Act, to allow health agencies, ACOs, and other
groups of providers to access these current waivers and to expand
Medicare payments for additional end-of-life care services.
Will you work with me to ensure that providers who take on adequate
risk can deliver patient-centered end-of-life care?
Answer. Thank you for your leadership on this issue. Making sure
that all Americans have access to quality, affordable health care is
one of the Biden administration's top priorities. If confirmed, I
commit to working with you and my colleagues at the Centers for
Medicare and Medicaid Services to examine rules and other policies to
ensure all Americans can access the care that they need and choose,
including at the end of life. I look forward to working with you on
this important issue.
______
Questions Submitted by Hon. Mike Crapo
congressional consultation
Question. The primary responsibility of the HHS ASL is to be a
conduit of information between the Department and Congress.
Will you commit to us to always communicate in a timely, clear, and
responsive way to our inquiries?
Answer. I deeply respect the oversight function of this committee
for improving current policies and programs. If confirmed, I am
committed to ensuring that the Department is responsive to oversight
requests and provides Congress with the information that it needs
consistent with appropriate law and regulation.
roles of majority and minority
Question. As a longtime GAO staffer and a House staffer through
periods in both the majority and minority, I trust that you have well-
developed views regarding the role of Congress in formulating health-
care policy.
How do you see the role of Congress in influencing and shaping
HHS's policymaking, including on the roles of both the congressional
majority and minority of such policymaking?
Answer. From my experience at GAO, and in my work at the Committee
on Ways and Means, I understand the importance of taking a bipartisan,
bicameral approach to policymaking and implementing the laws consistent
with congressional intent. I recognize the importance of asking
questions about current policies and programs to build on them and
improve the health of the Nation, and our health-care system.
health-care innovations
Question. Bipartisan collaboration, particularly among committee
leadership, is important during crises. We saw this last year, when a
divided Congress and the Trump administration took decisive action
early in the year to make possible health-care innovations to mitigate
the pandemic, despite the restrictions imposed by the national
lockdown.
As we approach the end of the public health emergency, which policy
innovations do you think we should retain, and potentially make
permanent in statute, as we continue to look to improve our health-care
system?
Answer. If confirmed, I will take a careful look at these policy
innovations and other responses to the public health emergency along
with my colleagues across the Department. I look forward to hearing
more from you about what existing flexibilities you view as especially
important and working with you to determine what legislative or
resource needs there may be at HHS.
response review and timeliness
Question. Concerning the White House, we have had several instances
where we have sent letters to agencies and the responses have been
delayed because the White House is reviewing the drafts. In another
instance, shortly after a productive bipartisan conversation with a
nominee about the value of waivers, the administration rescinded a
previously granted waiver without notifying Congress. That circumstance
demonstrated the importance of the ASL position, and how lack of
communication can exacerbate the effects of a policy decision.
Will you commit to advocate within the administration to be
responsive to congressional inquiries, no matter who is asking the
questions?
Answer. I deeply respect both the majority and minority members of
this committee. If confirmed, I am committed to ensuring that the
Department is responsive to oversight requests and provides Congress
with the information that it needs consistent with appropriate law and
regulation.
Question. Similarly, will you commit to advising Congress before
sudden policy shifts to ensure the full impact of the change can be
assessed, and any rationales for and against understood, before the
decision becomes irreversible?
Answer. If confirmed, I am committed to working with Congress on
policy developments and implementation consistent with the law and
appropriate regulations.
______
Questions Submitted by Hon. Chuck Grassley
Question. I am committed to protecting access to rural health care
by boosting doctor pay, expanding access to telehealth, and protecting
funding for rural hospitals. Over the last decade, at least 100
hospitals across the Nation have closed. Congress recently established
the voluntary Rural Emergency Hospital (REH) designation for Medicare.
REH allows a Critical Access Hospital (CAHs) or a small, rural hospital
with less than 50 beds to convert to an REH. The goal is to preserve
access to emergency medical care in rural areas that can no longer
support a fully operational inpatient hospital. It will let hospitals
maintain essential medical services in their communities like 24/7
emergency care, outpatient care, ambulance services, and more. It will
also let certain rural hospitals right-size their health-care
infrastructure. Recently, Senator Klobuchar and I sent to the Centers
for Medicare and Medicaid Services (CMS) a letter asking the agency to
prioritize the implementation of this law.
Can you commit to a timely and fair implementation of the Rural
Emergency Hospital Program?
Can I also have your assurance you will work with me to ensure the
program is available to rural hospitals on January 1, 2023, as
intended?
Answer. Thank you for your leadership on this issue. I commit that,
if confirmed, I will work with the Centers for Medicare and Medicaid
Services on its rulemaking regarding the Rural Emergency Hospital
Program and keep you regularly updated on its implementation. I
recognize that rural areas have unique needs and challenges and I look
forward to working closely with you on this issue.
Question. On March 8, 2021, I wrote to the Department of Health and
Human Services (HHS) and asked several questions relating to the
origins of the coronavirus. I also asked about what, if any, oversight
was done on the coronavirus grants sent by Dr. Fauci's unit within the
National Institutes of Health to EcoHealth Alliance which issued sub-
grants to the Wuhan Institute of Virology. According to reports,
$600,000 to $826,000 was sent to the Wuhan Institute of Virology by
EcoHealth Alliance to study bat coronaviruses. On May 21, 2021, the
Department of Health and Human Services responded to my letter but
failed to answer whether any oversight was done. On May 26, 2021, I
wrote a follow-up letter to HHS asking again what, if any, oversight
was done. I have not received a response yet and the due date was June
9, 2021. At a June 10, 2021, hearing, I asked Secretary Becerra about
what, if any, oversight was done. He failed to answer. The Department
has failed to explain if any oversight was done on how that money was
used to ensure, as one example, that it wasn't used for gain-of-
function research.
Given I was not able to get an answer from Secretary Becerra when
he was before this committee on June 10th, I will ask you something
related. If confirmed, what steps will you take to determine whether
any oversight was done on the taxpayer money sent to the Wuhan
Institute of Virology to ensure it wasn't used improperly and for gain-
of-function research?
Answer. Thank you for sharing your concerns related to the origins
of COVID-19. It is my understanding that Dr. Collins and Dr. Fauci have
repeatedly said that the National Institutes of Health never approved
funding for gain-of-function research at the Wuhan Institute of
Virology. That said, there is a strong agreement for further
investigation to understand the origins of COVID-19. As you know, the
President has called for a report within 90 days from the intelligence
community regarding the origins of COVID-19, and Secretary Becerra has
requested that the WHO conduct a thorough, independent phase 2
investigation of the virus's origins. If confirmed, I would work to
support these efforts and ensure information is communicated to
Congress consistent with appropriate law and regulation.
______
Questions Submitted by Hon. Bill Cassidy
Question. Can you please describe your protocol for processing
technical assistance or other requests for information? How will you
prioritize Republican members on the HELP or Finance Committees who are
making these requests? Trump's ASL processed TA requests by seniority
on the Committees, regardless of party.
Answer. From my experience at GAO, and in my work at the Committee
on Ways and Means in both the majority and the minority, I understand
the importance of taking a bipartisan, bicameral approach to
policymaking, including by providing technical assistance to make sure
laws passed by Congress can be implemented by the administration. If
confirmed, I will review prior protocols to make sure we are providing
timely and responsive technical assistance to members and committees of
jurisdiction.
Question. How will you prioritize filling the roles that report to
you, like the Deputy Assistant Secretary for Discretionary Health
Programs, Mandatory Health Programs, and Human Services? What criteria
are you looking for?
Answer. I agree that a full team at ASL is critical to our ability
to respond to the needs of Congress. It is my understanding that all
the positions you mentioned are now filled, and if confirmed, I will
work to ensure my team is both supported and responsive.
Question. The Deputy Assistant Secretary for Oversight position was
vacant for all of last year. How important is a full team?
Answer. I agree that a full team at ASL is critical to our ability
to respond to the needs of Congress and recognize that the Deputy
Assistant Secretary for Oversight is an important part of that team. If
confirmed, I will work to ensure the position is filled as soon as
possible.
______
Prepared Statement of Jayme Ray White, Nominated to be Deputy United
States Trade Representative (Western Hemisphere, Europe, the Middle
East, Labor, and Environment), With the Rank of Ambassador, Executive
Office of the President
Chair Wyden, Ranking Member Crapo, and members of the committee, I
am honored to be here at this desk, in front of you. This is a truly
special moment after spending many years sitting behind you on the
dais.
I came to Washington in 2000 to work for my hometown Congressman,
Jim McDermott. Throughout a decade of service to Congressman McDermott,
I helped guide his work on trade policy as a member of the House
Committee on Ways and Means, and I learned valuable lessons about how
trade affects working people.
Since 2009, I have served this committee under Chair Wyden. I have
represented this committee's legislative agenda and international trade
priorities during three presidencies and in front of leaders around the
world.
I grew up in West Seattle, which is on the waterfront and home to
the Port of Seattle, a gateway of international trade. As a kid, I
delivered newspapers across the area and got a bird's eye view of the
positive and harmful aspect of trade policy. The region is home to
everything from trains and trucks to container ships and grain
containers--all representing the hopes and dreams of workers, farmers,
and families.
I have never forgotten where I came from and the people I grew up
with. I'm keenly aware of how the policy made here in Washington has a
direct impact on the lives of people back in West Seattle. And if
confirmed as a Deputy United States Trade Representative, I will
continue to fight for American workers, the environment, and our
economic prosperity.
President Biden and Ambassador Tai have laid out a historic new
policy approach centered around workers. Historically, trade, labor,
and regulatory policy has been tilted in favor of corporations and the
wealthy. Workers have not always benefited from government policy. The
promises often didn't reach the factory floor and wages didn't go up,
creating deep skepticism about the efficacy of trade policy.
Ambassador Tai believes we need a different approach that gives
workers a seat at the table--so their perspectives and voices are
incorporated into the policy we develop.
Recent history shows that this approach can bear fruit. Next week
marks the 1-year anniversary of the United States-Mexico-Canada
Agreement. USMCA proved that bringing all stakeholders to the table--
labor, workers, the business community, and members of Congress--can
produce stronger trade agreements. The result was a bipartisan trade
deal with overwhelming support from Congress that includes strong and
enforceable labor and environmental standards; a new tool known as the
rapid response mechanism that, when used, allows us to promptly raise
concerns with the Mexican or Canadian Government when there are
allegations of worker rights violations; and necessary and long-overdue
intellectual property reforms to increase access to life-saving
medication.
I had the pleasure of working with Ambassador Tai during the USMCA
negotiations while she worked for the House Committee on Ways and
Means. When she talks about putting workers front and center in our
trade policy, it isn't shallow rhetoric. It's a genuine commitment to
lift up voices and communities we don't often hear from--or worse, that
we overlook and exclude.
That commitment was highlighted last week when Ambassador Tai and
members of the Biden-Harris administration negotiated a resolution with
the European Union and the United Kingdom to end the long-running
Boeing-Airbus dispute. The deal suspends the tariffs related to the
dispute for 5 years. And it will help American workers and American
companies compete fairly, while we work with our allies to address
common challenges from China and other non-market economies.
As the son of two Boeing employees, this welcome news hits close to
home, but I also know that many of the workers who will benefit from
the deal are your constituents. You and your staff hear from them
frequently--and you know how difficult this dispute has been. They
should know that the deal shows how we can work with our allies and
trading partners to confront the threats of this new age and shape
trade policies that lift up workers, people, and communities that are
often overlooked.
If confirmed, I look forward to working with all of you to develop
a worker-
centered trade policy that boosts our competitiveness and creates good-
paying jobs. Together, we can prove that trade doesn't need to exclude
certain factions and communities. It can be inclusive, create shared
prosperity, and help us build back better.
Thank you for considering me for this position. I look forward to
answering your questions.
______
SENATE FINANCE COMMITTEE
STATEMENT OF INFORMATION REQUESTED
OF NOMINEE
A. BIOGRAPHICAL INFORMATION
1. Name (include any former names used): Jayme Ray White.
2. Position to which nominated: Deputy United States Trade
Representative.
3. Date of nomination: June 9, 2021.
4. Address (list current residence, office, and mailing addresses):
5. Date and place of birth: February 22, 1973; Seattle, WA.
6. Marital status (include maiden name of wife or husband's name):
7. Names and ages of children:
8. Education (list all secondary and higher education institutions,
dates attended, degree received, and date degree granted):
Georgetown University, August 2005-October 2009. Master of
Public Policy Management. October 31, 2008.
Georgetown University, August 2001-May 2003. Bachelor of Arts
in Liberal Studies. May 17, 2003.
University of Washington, March 2000-June 2000.
Seattle Central Community College, September, 1997-March 1999.
Associate of Arts. March 24, 1999.
Highline Community College, Fall 1993-Fall 1995.
South Seattle Community College, General Equivalence Degree
(GED). December, 1990 (estimate).
Mount Rainier High School, Fall 1989.
West High School, Spring 1989.
Highline High School, Fall 1988.
Bartlett High School, Spring 1988.
Chief Sealth High School, Fall 1987.
I did not take courses at South Seattle Community College; I
just took the GED exam.
9. Employment record (list all jobs held since college, including the
title or description of job, name of employer, location of work, and
dates of employment for each job):
August 2009-present: United States Senate, Washington, DC.
January 2014-present: Chief Advisor for International
Competitiveness and Innovation, U.S. Senate Committee on
Finance. Responsibilities: Lead advisor to the Chair on all
trade-related legal and policy matters.
February 2013-February 2014: Legislative Director to Senator
Ron Wyden. Responsibilities: Lead advisor to the Senator on all
legislative activity before the U.S. Senate.
August 2009-February 2014: Staff Director, U.S. Senate
Committee on Finance Subcommittee on International Trade.
Responsibilities: Lead advisor to the Chair of the subcommittee
on trade-related legal and policy matters, in addition to
special projects related to other matters, including banking,
tax, and technology.
June 2000-August 2009: U.S. House of Representatives,
Washington DC.
October 2006-August 2009: Legislative Director, Representative
Jim McDermott. Responsibilities: Managed and supervised the
Congressman's legislative agenda in general, but particularly
his efforts on trade, tax, and human resources matters as a
senior member of the House Committee on Ways and Means and as a
chair of one of its subcommittees.
July 2001-October 2006: Legislative Assistant, and Senior
Legislative Assistant, Representative Jim McDermott.
Responsibilities: Led the Congressman's agenda on trade and tax
issues as part of his portfolio as a senior member of the House
Committee on Ways and Means.
June 2000-July 2001: Staff Assistant, Representative Jim
McDermott. Responsibilities: Responded to stakeholders and
conveyed the Congressman's views to stakeholders and
constituents.
10. Government experience (list any current and former advisory,
consultative, honorary, or other part-time service or positions with
Federal, State, or local governments held since college, including
dates, other than those listed above):
N/A.
11. Business relationships (list all current and former positions held
as an officer, director, trustee, partner (e.g., limited partner, non-
voting, etc.), proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, other business enterprise, or
educational or other institution):
Sole proprietor and owner in a landscaping business, White
House Landscaping, April 1993-April 1994.
12. Memberships (list all current and former memberships, as well as
any current and former offices held in professional, fraternal,
scholarly, civic, business, charitable, and other organizations dating
back to college, including dates for these memberships and offices):
The Golf and Country Club at Woodmore, June 2016-July 2017.
Norbeck Golf and Country Club July, 2017-June 2020.
13. Political affiliations and activities:
a. List all public offices for which you have been a candidate
dating back to the age of 18.
April 2000-May 2000, candidate to be a WA State delegate for the
2000 presidential election. I dropped out of the race after
Representative McDermott offered me a job in Washington, DC at the
Capitol and I moved to DC.
b. List all memberships and offices held in and services
rendered to all political parties or election committees,
currently and during the last 10 years prior to the date of
your nomination.
N/A.
c. Itemize all political contributions to any individual,
campaign organization, political party, political action
committee, or similar entity of $50 or more for the past 10
years prior to the date of your nomination.
N/A.
14. Honors and awards (list all scholarships, fellowships, honorary
degrees, honorary society memberships, military medals, and any other
special recognitions for outstanding service or achievement received
since the age of 18):
N/A.
15. Published writings (list the titles, publishers, dates and
hyperlinks (as applicable) of all books, articles, reports, blog posts,
or other published materials you have written):
Seattle PI, Letter to the Editor, ``Elian Gonzalez--Boy may be
catalyst to re-start strained U.S.-Cuba relations,'' April 9,
2000. Attachment A.
I wrote a few other Letters to the Editor that appeared in a
local neighborhood newspaper, the Magnolia News, and one in the
Seattle Times. Those letters, to my recollection, espoused the
benefits derived from trade liberalization. One to the Times
lamented the U.S. Senate's inability to approve an updated
Nuclear Test Ban Treaty.
16. Speeches (list all formal speeches and presentations (e.g.,
PowerPoint) you have delivered during the past 5 years which are on
topics relevant to the position for which you have been nominated,
including dates):
I gave informal, off-the-record comments throughout my career
to represent the views of Chair Wyden in my capacity as his
chief trade advisor. Our office policy is to represent those
views already expressed by Senator Wyden. I adhered to that
policy.
I identified two panels that I spoke on at CSIS whose excerpts
appear online: https://www.youtube.com/watch?v=bTlu9M_RqxQ.
https://www.csis.org/events/csis-roundtable-series-digital-
trade.
17. Qualifications (state what, in your opinion, qualifies you to
serve in the position to which you have been nominated):
The Deputy U.S. Trade Representative (DUSTR) assists the U.S.
Trade Representative in the development and coordination of
U.S. trade policy and conducting international trade and trade-
related investment negotiations. The DUSTR assists in
negotiations at bilateral and multilateral levels, and
coordinates trade policy with other government agencies. In
addition to being an advisor to the USTR, the Office of the
U.S. Trade Representative was created by Congress to be
directly accountable to both the President and the U.S.
Congress.
I have been a professional staff member in the U.S. Congress
for over the past 20 years, working on nearly every trade
matter that has come before Congress in that time. My
experience includes both trade committees of jurisdiction--
House Ways and Means and Senate Finance. As the lead advisor to
the chairman of the Senate Committee on Finance, I engaged in
trade policy oversight and trade negotiations consultations
with two different administrations, including on the Trans-
Pacific Partnership, the Transatlantic Trade and Investment
Partnership, the Trade in Services Agreement, the Environmental
Goods Agreement, the U.S.-UK negotiations, and the
renegotiation of the North American Free Trade Agreement.
My experience on behalf of the U.S. Congress has prepared me to
assume the responsibilities of the DUSTR.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections (including participation in future
benefit arrangements) with your present employers, business firms,
associations, or organizations if you are confirmed by the Senate? If
not, provide details.
Yes.
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, provide details.
No.
3. Has any person or entity made a commitment or agreement to employ
your services in any capacity after you leave government service? If
so, provide details.
No.
4. If you are confirmed by the Senate, do you expect to serve out
your full term or until the next presidential election, whichever is
applicable? If not, explain.
Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Indicate any current and former investments, obligations,
liabilities, or other personal relationships, including spousal or
family employment, which could involve potential conflicts of interest
in the position to which you have been nominated.
In connection with the nomination process, I have consulted
with the Office of Government Ethics and the Designated Ethics
Official at the Office of the U.S. Trade Representative to
identify any potential conflicts of interest. Any conflict of
interest will be resolved according to the terms of an ethics
agreement I am entering into and that will be provided to this
committee.
2. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years (prior to the
date of your nomination), whether for yourself, on behalf of a client,
or acting as an agent, that could in any way constitute or result in a
possible conflict of interest in the position to which you have been
nominated.
N/A.
3. Describe any activity during the past 10 years (prior to the date
of your nomination) in which you have engaged for the purpose of
directly or indirectly influencing the passage, defeat, or modification
of any legislation or affecting the administration and execution of law
or public policy. Activities performed as an employee of the Federal
Government need not be listed.
N/A.
4. Explain how you will resolve any potential conflict of interest,
including any that are disclosed by your responses to the above items.
(Provide the committee with two copies of any trust or other
agreements.)
In connection with the nomination process, I have consulted
with the Office of Government Ethics and the Designated Ethics
Official at the Office of the U.S. Trade Representative to
identify any potential conflicts of interest. Any conflict of
interest will be resolved according to the terms of an ethics
agreement I am entering into and that will be provided to this
committee.
5. Two copies of written opinions should be provided directly to the
committee by the designated agency ethics officer of the agency to
which you have been nominated and by the Office of Government Ethics
concerning potential conflicts of interest or any legal impediments to
your serving in this position.
Copies have been provided to the committee.
6. The following information is to be provided only by nominees to
the positions of United States Trade Representative and Deputy United
States Trade Representative:
Have you ever represented, advised, or otherwise aided a
foreign government or a foreign political organization with
respect to any international trade matter at any time in any
capacity? If so, provide the name of the foreign entity, a
description of the work performed (including any work you
supervised), the time frame of the work (e.g., March to
December 1995), and the number of hours spent on the
representation.
No.
D. LEGAL AND OTHER MATTERS
1. Have you ever been the subject of a complaint or been
investigated, disciplined, or otherwise cited for a breach of ethics
for unprofessional conduct before any court, administrative agency
(e.g., an Inspector General's office), professional association,
disciplinary committee, or other ethics enforcement entity at any time?
Have you ever been interviewed regarding your own conduct as part of
any such inquiry or investigation? If so, provide details, regardless
of the outcome.
No.
2. Have you ever been investigated, arrested, charged, or held by any
Federal, State, or other law enforcement authority for a violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than a minor traffic offense? Have you ever been interviewed
regarding your own conduct as part of any such inquiry or
investigation? If so, provide details.
No.
3. Have you ever been involved as a party in interest in any
administrative agency proceeding or civil litigation? If so, provide
details.
Yes. In 1991, I was named as a plaintiff in a small claims
court case in Washington State related to a car accident. The
case was decided in my favor. The judgement was less than
$5,000 and I was never able to collect any money from the
respondent.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, provide details.
Yes. In 1992, I received a summons and a fine in Oregon State
for using a fake ID in a bar to drink under-age when I was 20
years old.
5. Please advise the committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination.
N/A.
E. TESTIFYING BEFORE CONGRESS
1. If you are confirmed by the Senate, are you willing to appear and
testify before any duly constituted committee of the Congress on such
occasions as you may be reasonably requested to do so?
Yes.
2. If you are confirmed by the Senate, are you willing to provide
such information as is requested by such committees?
Yes.
Attachment A
Elian Gonzalez--Boy May Be Catalyst to Re-start
Strained U.S.-Cuba Relations
The Seattle Times April 9, 2000, Sunday Final Edition
Elian Gonzalez may be the best thing that has happened to Cuba. The
spotlight is once again now on U.S.-Cuban relations and it is time to
re-evaluate foreign policy toward Cuba.
If the 20th century taught the U.S. anything, it is that democracy
and capitalism have prevailed and America no longer needs to live in
fear of communism and socialism. Fear is not the hereditary trait of an
American.
The strategy behind the embargo was to make life so difficult for
the Cubans that they would rise up and oust their leader, President
Fidel Castro. That was more than 40 years ago. In actuality, our policy
led to Cuba's isolation, crippled its economic development and
solidified the perception that this misfortune is the doing of the
United States, not their leader.
The economic embargo on Cuba needs to be lifted. It is a failed
foreign policy that has only hurt those it intended to help, the Cuban
people. Lifting the embargo and allowing Cubans to see for themselves
how Castro's economic and political system work in the new millennium
will allow the Cubans to see the devil in the daylight.
The people of Washington need to think about how the U.S. is
treating Cuba and decide if, in good conscience, we should continue to
repress Cubans because of our distaste for Castro.
Jayme White
Seattle
______
Questions Submitted for the Record to Jayme Ray White
Questions Submitted by Hon. Ron Wyden
Question. If confirmed, in addition to covering labor, your
portfolio will cover the environment. Environment is critical in
trade--both because we cannot allow a race to the bottom on
environmental standards, which upends the playing field for American
workers, and because environmental goods are a potential competitive
opportunity for innovative American businesses.
Can you describe how you see trade policy supporting the Biden
administration's climate goals?
How can USTR improve enforcement of environmental trade
obligations?
Answer. The President's 2021 trade agenda outlined and Ambassador
Tai further reinforced that trade policy will provide the technical
expertise and support for the whole-of-government efforts to combat
climate change and realize the administration's goals of achieving net-
zero global emissions by 2050. If confirmed, I plan to review the
environmental mechanisms outlined in our trade agreements to see how
the United States can maximize their implementation and how to build
upon models like the U.S.-Peru FTA's Annex on Forest Sector Governance
that sought to increase governance, sustainable management, and
enforcement of preventing illegal logging and trade in timber and
wildlife products and the USMCA's Environment Cooperation and Customs
Verification Agreement that expanded enforcement coordination and
information sharing processes.
______
Question Submitted by Hon. Mike Crapo
g7 tax announcements
Question. The administration continues to highlight that one of its
major achievements is the G7 agreement regarding a global minimum tax.
While there are limited details, the G7 press release states that
members will remove digital services taxes in exchange for the
reallocation of taxing rights of global companies, in addition to
implementing a global minimum tax of 15 percent.
I am deeply skeptical of the administration's reliance on other
countries to enact a 15-percent global minimum tax. Critically though,
I am also deeply disappointed that none of the countries have taken any
serious action to roll back implementation or to suspend collection of
their digital services taxes.
How do you think the United States should respond if our trading
partners make no effort to stop collecting discriminatory digital
services taxes on U.S. firms?
Answer. The Biden administration remains determined to resolve the
digital taxation dispute in the context of the OECD/G20 process. I was
pleased to learn of last week's agreement of 130 countries representing
more than 90 percent of global GDP to support a global minimum tax of
at least 15 percent. Secretary Yellen has called this a historic
accomplishment that provides the opportunity to build a global and
domestic tax system that lets American workers and businesses compete
and win in the world economy. To provide more tax certainty, the
agreement at the OECD calls for there to be appropriate coordination of
the application of the new international tax rules and the removal of
digital service taxes and other similar measures. I understand that
discussion of these and other implementations issues will continue
through October.
______
Questions Submitted by Hon. Maria Cantwell
boeing-airbus
Question. What steps will you and USTR take to ensure the full
implementation of the agreements with the EU and UK addressing
government support for large civil aircraft programs? How will USTR
monitor compliance?
Answer. The frameworks for cooperation agreed to with the European
Union and United Kingdom establish working groups to overcome
disagreements that may arise regarding the principles set out in those
instruments. This includes the principle that each side intends to
provide financing to large civil aircraft producers on market terms. If
confirmed, I will made robust use of that mechanism to ensure that the
EU and UK are living up to the high standard we have set.
Question. What can USTR do to ensure that future European
governments' supports to aerospace companies are administered on
commercial terms, including those targeted to reduce aircraft
emissions?
Answer. Through the framework's working group, USTR can hold
European governments to the principles set out to ensure that each side
contributes to a level playing field, establishing fair competition for
U.S. workers and producers. If confirmed, I will work to make this
mechanism an effective and meaningful way to ensure that future
government support programs are consistent with the findings in the
underlying disputes.
europe and digital trade
Question. Beyond dealing with foreign digital service taxes (DSTs),
what is USTR's strategy on digital trade in Europe and how do we create
new opportunities for American digital exporters?
What is USTR doing to counter moves towards digital protectionism
in Europe?
Answer. My expectation is that USTR will, as part of the Biden-
Harris administration's focus on a foreign policy for the middle class,
explore the ways in which digital trade rules can advance export
opportunities for U.S. firms and U.S. workers. The United States and
the European Union share the goal of combating digital
authoritarianism. Trade rules that promote fair competition, including
non-discrimination, allow parties with shared values to open markets
and foster innovation.
Question. What role will USTR play in the newly created U.S.-Europe
Trade and Technology Council that was announced during President
Biden's recent visit?
Answer. Ambassador Tai is one the U.S. co-chairs of the Trade and
Technology Council, along with Secretary Blinken and Secretary
Raimondo. USTR will also participate actively in the working groups of
the Trade and Technology Council, and expects to lead the working group
on global trade challenges.
______
Questions Submitted by Hon. Robert Menendez
Question. As I said to Ambassador Tai in May, if the United States
is going to successfully diversify away from China we'll need to deepen
our trading relationships with our neighbors in the Western Hemisphere.
And when it comes to addressing the challenges of migration in Central
America, it's critical that we use all the tools at our disposal,
including trade and economic development. If confirmed as the Deputy in
charge of the Western Hemisphere, you will have a key role to play in
that effort.
What aspects of the CAFTA-DR agreement do you think need to be
reevaluated so we can make the agreement more successful?
Answer. CAFTA-DR is one of the United States' oldest and first FTA
with a group of developing countries. It does not include the modern
improvements of USMCA, especially as it relates to labor and
enforcement. If confirmed, I would look for opportunities to maximize
the full potential of the agreement.
Question. Will you commit to consulting with my office on any
review of the agreement or changes you might seek?
Answer. Yes.
Question. In the last month, Nicaragua's Ortega regime has arrested
four presidential candidates and over a dozen prominent leaders from
the private sector and civil society. We have not seen an authoritarian
crackdown of this nature in our hemisphere in decades.
Do you believe we should reconsider whether to continue to extend
the benefits of CAFTA-DR to countries like Nicaragua that take such
authoritarian actions?
Answer. There are a number of actions that the United States could
take against countries that take authoritarian actions and experience
alarming declines in human and civil rights. Reviewing trade capacity
building and assistance available under a trade agreement could be a
part of that review.
Question. Do you believe that the United States needs to
incorporate standards into future free trade agreements to safeguard
against the deterioration of democratic governance and the
proliferation of corruption and human rights abuses?
Answer. Yes.
Question. Ambassador Tai said during her confirmation hearing that
she would commit to ``close consultations with the Senate Finance
Committee on trade negotiations'' and would work closely with the
committee to identify ways to ``improve the flow of information in the
development of trade policy.''
Do you likewise make this commitment?
Answer. Yes.
Question. Since USTR has committed to follow the 2015 Guidelines
for Consultation and Engagement, will you commit to seek input from the
Committees on Finance and Ways and Means on U.S. text proposals before
sharing them with other governments and commit to provide an oral
update to this committee on the status of negotiations both before and
after each negotiating session?
Answer. I commit to follow the 2015 Guidelines for Consultation and
Engagement, if confirmed.
______
Questions Submitted by Hon. Thomas R. Carper
multilateral trade agreements
Question. On June 22, 2021, the Finance Subcommittee on
International Trade, Customs, and Global Competitiveness held a hearing
to review the benefits of a multilateral approach to trade policy in
the Asia-Pacific region. We heard from experts who advised us on how
the United States can get its seat back at the table and actively work
with our allies to form new agreements to boost jobs and economic
growth in our country.
Could you please share your perspective on the merits of a
multilateral approach to trade policy in the Asia-Pacific region?
Would you agree that the United States needs a strategy for
reengaging our allies in the Asia-Pacific region on trade? If yes, what
are the essential elements that must be addressed to ensure that the
United States can successfully reengage in the region?
Answer. If confirmed, I will work with Ambassador Tai to deepen
trade engagement in the Asia-Pacific region. Specifically, I will work
with our trading partners in multilateral settings, such as APEC, as
well as in bilateral settings, to advance a worker-centered trade
policy that represents a high-standard alternative to China's race-to-
the-bottom approach.
usmca, the environment, and mexico's energy reforms
Question. Concerns have been raised about Mexico's recently enacted
electricity reform legislation and its potential to undermine new
private investment in Mexico's renewable energy sector by American
companies and others, and its potential to violate agreements set out
in the United States Mexico Canada agreement.
If confirmed, what steps will you take to ensure that environmental
commitments in USMCA are upheld? Further, will you commit to monitoring
this issue and to keeping Congress informed about any further action
needed to address this issue?
Answer. Full realization of the labor and environmental commitments
of the USMCA are key to the agreement's success. If confirmed, I will
meet with concerned stakeholders, review the status of implementation
discussions, and connect with my counterparts in both Mexico and Canada
to fulfill the intent and obligations of the agreement. Given the
gravity of this important environmental work, I will consult with
Congress.
______
Question Submitted by Hon. Sheldon Whitehouse
Question. The Trump administration failed to pair happy talk about
the international fight against marine debris with meaningful action.
I've been told that on several occasions, the U.S. government stood in
the way of substantive international action on marine debris despite
consensus among the other parties. While I was heartened by the
inclusion of a marine debris provision in United States-Mexico-Canada
Agreement, I am concerned that we still are not using our commercial
power effectively as we work to combat marine debris.
How do you plan to use the trade tools at your disposal to help
with the fight against marine debris?
Answer. I understand the importance of marine debris to you and
other members of Congress, and if confirmed, I would welcome your
advice on the opportunities and challenges of what role USTR may play
in supporting broader U.S. government's efforts to reduce and prevent
marine debris.
______
Question Submitted by Hon. Elizabeth Warren
Question. The Internet is a large and growing force in the U.S.
economy and global trade. Big tech companies provide valuable products
but also wield enormous power over our commerce, discourse, and data.
As Congress and the administration address competition, privacy, and
other issues with big tech companies domestically, it is important that
our trade rules do not undermine our efforts, or those of likeminded
countries like our European trading partners.
Do you agree any digital trade policies must not undermine or
forestall privacy regulation, disinformation prevention, or antitrust
actions by the United States and its trading partners? Will you commit
to engaging robust consultation with civil society actors on digital
trade issues, as well as administration colleagues at the Federal Trade
Commission and Department of Justice?
Answer. I agree. While my portfolio would not include digital
trade, my expectation is that USTR would engage in robust consultations
with a wide array of stakeholders, including civil society, as well as
government regulators, including agencies such as the Department of
Justice that are part of the statutory interagency process, and the
Federal Trade Commission, which is not.
______
Questions Submitted by Hon. John Cornyn
Question. When nominee Tai appeared before us, now 3 months ago,
many Senators raised questions about the 25-percent section 301 China
tariffs the last administration had reimposed in January, and many of
us expressed our hope that USTR would act quickly to retroactively
extend the exclusions and set up a new round for applications for
exclusions. In her answers, she said, ``If confirmed, I commit to
assessing the section 301 tariffs and exclusion process as part of
President Biden's comprehensive approach to confronting the China
challenge.''
She appeared again 5 weeks ago, and Senators pressed her on when we
could expect USTR to act. She answered, ``As soon as we can, and ensure
that what we are doing has been thought through and is strategic and
has a clear objective.''
Last week, the Senate expressed its growing frustration with USTR's
inaction by adding provisions to the Innovation and Competition Act
that would compel USTR to retroactively renew exclusions and establish
a new process to apply for exclusions. This legislative action comes
after impacted companies and consumers have payed billions of dollars
in reimposed tariffs, a full five months since the President was
inaugurated, and three months after Katherine Tai was confirmed.
Most of us would be happy for USTR to act administratively to
address this issue in the very near term.
Can you commit to addressing an exclusion process for these tariffs
an immediate priority upon your confirmation?
Answer. The U.S. policy toward China touches many facets of our
engagement in international trade, including with respect to the
regions--Western Hemisphere, Europe, the Middle East--and topic areas--
labor and environment--that, if confirmed, would be under my
responsibility as Deputy U.S. Trade Representative. In that capacity, I
will work to support the efforts of this administration and the USTR to
pursue a China policy that achieves the goals of the Build Back Better
agenda and a worker-center trade policy, including with respect to any
tariff exclusions.
Question. In May, USTR announced that it would support the waiving
of intellectual property for COVID-19 vaccines and support text-based
negotiations on a broader anti-innovation proposal from India and South
Africa--longtime opponents of intellectual property protections. This
was dramatic shift from our historic and longstanding support for
stronger IP protections and enforcement globally. In other words, we
are usually in the business of supporting American innovation and
creativity, not supporting giving it away to our competitors.
Since such a waiver of the WTO/TRIPS agreement is likely to
undermine--not expand--existing manufacturing capacity issues and will
come months after the U.S. has already donated its excess supply for
the rest of the world, as Deputy USTR will you recommit this
administration to this country's longstanding and bipartisan support
for American intellectual property?
Answer. The Biden-Harris administration has affirmed its support
for strong intellectual property rules. COVID-19, as with prior global
health crises, poses a particular challenge, both from a humanitarian
perspective, as well as from an economic one. I share the Biden-Harris
administration's goal of promoting strong rules that incentivize
innovation, while doing all we can to ensure that to the extent those
rules inhibit access to medicines, and the global economic recovery, we
make appropriate adjustments.
Question. One week from today will mark the 1-year anniversary from
entry into force of the USMCA. Over the last year, however, Mexico has
moved backwards here--and is now either non-compliant or threatening to
take action that would make them non-compliant with the agreement in a
wide range of issues that includes preferential treatment for state-run
energy companies, regulatory delays for U.S. ag biotech and
biopharmaceutical products, and local content quotas for film and
television programming, among other issues.
If this kind of disregard for the USMCA persists, will you support
USTR taking enforcement action to protect America's commercial
interests in the agreement?
Answer. This January marked 27 years since NAFTA's entry into
force. The USMCA includes new tools to address modern issues, and if
confirmed, I plan to work closely with Ambassador Tai to fully
implement the agreement and explore how the agreement's tools can be
used to ensure that the parties fulfill their obligations.
Question. During President Biden's visit to Europe, the White House
announced it would participate in the U.S.-EU Trade and Technology
Council (TTC). Ensuring fair competition is among the issues the TTC
will focus on. Yet the EU has taken several unilateral actions that
would significantly impact American companies' ability to compete in
Europe; one example is the Digital Markets Act (DMA).
As part of the TTC, are you prioritizing engaging with the EU on
all unilateral regulatory actions to ensure American companies aren't
unfairly discriminated against by DMA and other actions?
Answer. Engagement with European partners on a broad range of trade
issues is a priority of the Biden-Harris administration. Measures that
appear to single out U.S. companies are always a concern of USTR, and I
would expect both the Digital Services Act and the Digital Markets Act
to be part of the discussion of digital governance in the Trade and
Technology Council. It will be important to see if democracies can
regulate the digital economy in a way that promotes fair competition,
democratic values, and respect for human rights. If confirmed, I will
consult closely with you as the administration works through these
important issues.
Question. The Comprehensive and Progressive Agreement for Trans-
Pacific Partnership (CPTPP) has entered into force without the United
States. The agreement represents approximately half a billion people
and 14 percent of the global economy. American companies were
negatively impacted when the U.S. withdrew from the TPP agreement in
2017. Joining the CPTPP would be a good opportunity for the U.S. to
reclaim global leadership and write the rules of the road regarding
trade, intellectual property, environmental and labor standards. It
would also serve as an important foothold into key markets and help the
U.S. compete against China.
Do you support the U.S. joining the CPTPP or an equivalent Asia-
Pacific regional trade agreement? If not, can you explain why and what
alternative you propose to help the U.S. counter China's rising
influence and ensure that American exporters do not continue losing
market share to their competitors?
Answer. The Biden administration is prioritizing domestic
investments to improve American competitiveness. I support this
emphasis. The administration is also pursuing a worker-centric trade
policy. By focusing on American competitiveness and ensuring that our
trade policy achieves a broader base of support, the administration
will, in my view, provide a foundation for pursuing innovative trade
policies that achieve the twin goals of expanding opportunities for
American exports, while ensuring that we address the harm to domestic
workers and businesses from unfair trade practices. Striking that
balance will lead to more durable agreements that facilitate our
national security goals, in the Indo-Pacific region, and elsewhere.
Question. Last week, I, along with Senator Tom Carper of Delaware,
Senator Pat Toomey of Pennsylvania, Senator Dianne Feinstein of
California, Senator Chris Coons of Delaware, and Senator James Lankford
of Oklahoma, introduced the U.S-Mexico-Canada Foreign Trade Zone
Modernization Act of 2021 or USMCA FTZ Modernization Act of 2021.
This bill would require an investigation by the ITC on the NAFTA-
era, U.S. law restriction preventing products produced in FTZs that
otherwise meet the rules of origin under that agreement from qualifying
for reduced tariff benefits. This restriction places products
manufactured in U.S. FTZs at a disadvantage compared to their
equivalent counterparts in Canada and Mexico.
If confirmed, would you be willing to initiate this investigation
(precluding enactment of the bill) per the authority granted USTR under
section 332 of the Tariff Act of 1930?
Answer. The President has delegated the power under section 332 of
the Tariff Act of 1930 to request reports and investigations of the
U.S. International Trade Commission to the U.S. Trade Representative.
If confirmed, I would advise Ambassador Tai on utilizing this mechanism
to understand how trade policies can support the administration's
agenda, including priorities such as promoting an inclusive economic
agenda, the development and reinforcement of resilient manufacturing
supply chains and the creation of good-paying jobs that support working
families.
______
Questions Submitted by Hon. John Thune
Question. Intellectual property protection promotes innovation, job
creation, and economic development. It also provides a range of other
benefits, such as helping develop the advances necessary for fighting
COVID-19.
You do not formally have IP enforcement in your portfolios but the
administration has so far failed to nominate a chief IP negotiator. As
a result, protecting U.S. innovators' IP and enforcing international IP
rules will be part of your job.
If confirmed, how will you ensure that American innovators and
workers are not harmed by other countries undermining their IP
protections?
Answer. The United States is a supporter of strong intellectual
property protections. The annual Special 301 report provides an
inventory of intellectual property practices around the world that
undermine these protections, and I intend to work to ensure that our
trading partners address those concerns.
Question. I remain concerned about the European Commission's
inflexibility on new export certificate requirements on meat and dairy
products. Given the requirements are set to take effect on August 21,
2021, it is critical that USTR engage on the issue to best protect
American farmers, processors, and exporters.
If confirmed, will you commit to prioritizing this matter and
updating me on USTR's progress on a resolution? How will you work to
address this issue?
Answer. I share your concern and your sense of urgency. If
confirmed, I would push the European Commission to work toward an
outcome that does not disrupt trade, such as an extension of the August
deadline to allow more time for technical discussions.
______
Question Submitted by Hon. Richard Burr
Question. July 1, 2021 marks the 1-year anniversary of USMCA's
entry into force. Over the last year, however, I have heard many
concerns about Mexico's failure to implement its commitments on issues
ranging from preferential treatment for state-run energy companies to
regulatory delays for U.S. ag biotech and biopharmaceutical products to
local content quotas for film and television programming.
If these actions continue, what actions will you take to ensure
Mexico is upholding its obligations under the agreement?
Answer. U.S. companies continue to encounter market access and
regulatory barriers in a number of different Mexican sectors. I noticed
that Ambassador Tai already met with her Mexican counterpart twice this
year, most recently in a bilateral meeting in advance of the inaugural
USMCA Free Trade Commission meeting. If confirmed, I plan to continue
robust engagement with both Mexico and Canada in full implementation of
the agreement.
______
Questions Submitted by Hon. Bill Cassidy
cafta
Question. I believe it is in the U.S. interest for Central American
countries to have stronger economies with greater job development.
Among other things, this has the potential to decrease irregular
migration to the US. Since the US has a trade agreement with Central
America that includes standards for environmental and worker
protections but not with China, our Central American trading partners
are at a competitive disadvantage.
Do you think there might be ways to improve CAFTA to promote
prosperity in Central America? If so, what are your thoughts?
Do you have any other ideas about how we can promote stability and
prosperity in our hemisphere?
Answer. Resiliency and stability must be a hemispheric priority,
and trade has a role to play. In February 2021, President Biden signed
an ``Executive Order on Creating a Comprehensive Regional Framework to
Address the Causes of Migration, to Manage Migration Throughout North
and Central America, and to Provide Safe and Orderly Processing of
Asylum Seekers at the United States Border.'' The so-called Root Causes
of Migration Executive Order specifically named USTR as an agency to
explore how DR-CAFTA could be used to discourage unfair labor practices
and increase security, stability, and inequality in the region. The
United States has free trade agreements with 20 countries, 13 of which
are in the Western Hemisphere. If confirmed, I plan to review the
agreements and use all the existing tools to advance environmental and
worker protections to support the economic opportunity and the
competitiveness of the United States and our neighbors.
rice
Question. Haiti is the number one market for U.S. milled rice, the
majority of which comes from Louisiana producers. The capital, Port-au-
Prince, is currently experiencing its worst civil unrest in 15 years.
Trucks and warehouses with U.S. rice are being looted, and vessels
discharging U.S. rice are unable to dock. If future vessels are
unwilling to call on Haiti, the result will be a disaster for the
people of Haiti as well as for U.S. rice farmers.
Does the U.S. Government have any plans to help Haiti settle the
unrest?
Is there any other information you can share with Louisiana rice
farmers to help them navigate the situation?
Answer. The political situation and the gravity of the pandemic
have only exacerbated a very trying period in Haiti. Last month, the
State Department issued a Level Four travel warning, which makes it
more difficult for U.S. businesses exporting to Haiti, and for the
people in Haiti trying to keep their loved ones safe, healthy, and fed.
I continue to closely monitor the developments. If confirmed, I will
work with my colleagues in the U.S. State Department and the U.S.
Department of Commerce to better understand what trade tools and
options are available.
usmca and mexico
Question. One week from today will mark the 1-year anniversary from
entry into force of the USMCA. Over the last year, however, Mexico has
moved backwards here--and is now either non-compliant or threatening to
take action that would make them non-compliant with the agreement in a
wide range of issues that includes preferential treatment for state-run
energy companies, regulatory delays for U.S. ag biotech and
biopharmaceutical products, and local content quotas for film and
television programming, among other issues.
If this kind of disregard for the USMCA persists, will you support
USTR taking enforcement action to protect America's commercial
interests in the agreement?
Answer. It is critical that the United States not only negotiate
trade agreements that benefit U.S. workers, manufacturers, farmers,
ranchers and fishers, but also that we fully enforce those agreements
so that the benefits are realized. USTR has already taken strong action
on that score, by initiating two reviews under the new rapid response
mechanism for labor violations, requesting a panel proceeding with
respect to Canada's compliance with dairy obligations, and engaging
with both parties on a range of concerns with their implementation. If
confirmed, I will support using all available tools under the agreement
to advance U.S. interests.
______
Questions Submitted by Hon. Todd Young
Question. I know the administration is focused on assessing and
mitigating issues with our supply chain, evident by the recent report
on supply chain resiliency. The report included a specific section on
biopharmaceuticals and called out innovation as a key component in
spurring the research and development that was needed for the COVID-19
response. Innovators must have strong intellectual property protections
to increase efficiency, maintain quality, and most importantly, save
lives. Without these safeguards, research and development will no doubt
plummet and hinder advancements needed to reach those in need.
Do you believe that IP protections are a critical part of creating
an environment conducive to innovation?
If confirmed, how will you ensure that innovators can boost their
supply chain resiliency and meet the recommendations set forth in the
administration's supply chain report?
Answer. If confirmed, I would work with Congress to enact the
supply chain report's call for increased funding for research and
development in a number of priority sectors. The report also highlights
how there are strong synergies between domestic manufacturing
production and innovation, highlighting the importance of making needed
investments in the priority sectors.
Question. Recently, the White House announced a new joint
initiative with the EU, the Trade and Technology Council (TTC). Among
its various goals, ensuring fair competition and establishing global
trade standards for emerging technologies are among the issues the TTC
will focus on. Yet, the EU has taken several unilateral actions that
would significantly impact American companies' ability to compete in
Europe; one example is the proposed Digital Markets Act, which would
prevent market dominance by forbidding ``gatekeeper'' companies from
undertaking certain actions. If this proposal were to become law in
Europe, it is highly anticipated that this would subject major U.S.
digital companies to various restrictions.
How do you propose the U.S. should use the new TTC partnership as a
strategic transatlantic response towards China's efforts to gain supply
chain and technology dominance?
Answer. Working more closely with fellow democracies to confront
the economic and technological challenges posed by China is a core part
of the Biden administration's strategic vision. The Trade and
Technology Council is intended to help the world's two largest market-
based economies strengthen their cooperation on global trade and
technology issues, with policies based in shared democratic values.
Achieving this vision will require working through a number of
difficult issues around data flows and the governance of digital
platforms. Yet it is important to remember that a path that results in
new forms of cooperation could generate a larger transatlantic market
for products and services derived from new technologies that would help
both the U.S. and the EU respond more effectively to competition from
China.
Question. In late May, the Senate voted to include the Trade Act of
2021 to the United States Innovation and Competition Act, which would
allow importers to obtain relief from section 301 tariffs imposed on
certain products from China, including renewing and extending expired
section 301 exclusions through December 31, 2022.
If confirmed, will you commit to working with U.S. stakeholders, in
coordination with Ambassador Tai, to reform the exclusion process and
renew expired section 301 tariff exclusions with retroactive extension
and/or another opportunity for applications?
Answer. The U.S. policy toward China touches many facets of our
engagement in international trade, including with respect to the
regions--Western Hemisphere, Europe, the Middle East--and topic areas--
Labor and Environment--that, if confirmed, would be under my
responsibility as Deputy U.S. Trade Representative. In that capacity, I
will work to support the efforts of this administration and the USTR to
pursue a China policy that achieves the goals of the Build Back Better
agenda and a worker-center trade policy, including with respect to any
tariff exclusions.
Question. The administration recently announced suspension of
tariffs for 5 years on a variety of U.S., EU and UK distilled spirits;
however, the 25-percent tariff is still in place on American whiskey.
As you know, adverse action on the distilled spirits industry harms job
creators and employees in Indiana and many other states. Many of these
jobs are located in rural communities in my State, like Borden,
Lawrenceburg, and New Albany. With businesses attempting to recover
from the pandemic, we should be looking to strategies that minimize
harm to industries while seeking to hold countries accountable for
unfair actions that hurts American manufacturers.
If confirmed, how will you work to ensure a comprehensive solution
that does not continue to harm the distilled spirits industry?
Answer. The tariffs the United States placed on EU and UK distilled
spirits were related to bilateral WTO disputes related to large civil
aircraft and the countermeasures approved through that mechanism. The
United States suspended those tariffs after coming to a framework
understanding for addressing concerns in the sector and working
cooperatively to counter non-market practices that undermine the
industry on both sides of the Atlantic. The tariffs imposed on U.S.
whiskey were imposed in response to the tariffs adopted under section
232 of the Trade Expansion Act of 1962. This administration has started
a dialogue with the EU on the mutual resolution of concerns in this
area that addresses steel and aluminum excess capacity and the
deployment of effective solutions, including appropriate trade
measures, to preserve our critical industries. If confirmed, I will
work toward a solution that maximizes the benefit to U.S. industry and
minimizes any harm to unrelated sectors.
______
Questions Submitted by Hon. Ben Sasse
Question. Trade Promotion Authority (TPA) expired on July 1st. TPA
provides an important framework for the legislative branch and
executive branch to work together to effectively negotiate free trade
agreements, and other trade agreements.
As DUSTR, will you support TPA renewal?
Answer. USTR's worker-centered trade policy is designed to ensure
that our foreign economic policies are responsive to the needs to
everyday Americans, whether they work in the manufacturing, retail,
agricultural, or services sectors. The goal of this approach is to
establish a much broader base of support for trade, which in turn will
create a more stable, durable system. It is my hope that this approach
would, like USMCA, pass Congress with broad enough support that Trade
Promotion Authority would be unnecessary. That said, whether to renew
Trade Promotion Authority is within Congress' discretion.
Question. The Biden administration has publicly said that their
primary focus will be on a domestic agenda.
If confirmed as Deputy United States Trade Representative, how will
you outline the U.S. position with our trading partners and your
counterparts in the Western Hemisphere, Europe, the Middle East?
Answer. The administration is pursuing a worker-centric trade
policy. To do that, we must begin with economic security for workers at
home. The American Rescue Plan and the American Jobs Plan are designed
to do that. The President has been clear that we will not enter new
trade agreements until the necessary domestic investments have been
made. It is my understanding that USTR is regularly engaged with our
trading partners, and based on readouts of those meetings, our trading
partners share our interest in devising trade policies that work for
workers. I believe the various mechanisms available for engagement,
including existing trade agreements and fora, provide opportunities for
us to collectively build a broad base of support for globalization by
ensuring that it works for all.
Question. Have you thought about your first 100 days at USTR, and
can you share your views on how you will prioritize issues?
Answer. If confirmed, my focus in the first 100 days will be on
engaging with our trading partners as part of the President's overall
message that America is back. The President has emphasized the
importance of bringing democracies together to address threats posed by
non-market, authoritarian regimes. I intend to work with our allies to
develop and execute trade policies that promote shared prosperity and
contribute to a sustainable economic recovery. A worker-centric trade
policy is essential to building trust in international trade, which is
a prerequisite for creating durable policies that promote stability in
our relationships with allies.
______
Questions Submitted Hon. John Barrasso
Question. As the global economy begins to recover from the damage
inflicted over the past year, many of our competitors are actively
pursuing trade agreements to improve market access and secure a
competitive advantage in key markets, especially in Asia. The United
States, however, is taking a very conservative approach to trade
negotiations. I believe this is a mistake and one we should correct
quickly.
Is it possible for the U.S. government to successfully negotiate
free trade agreements without Trade Promotion Authority?
Is there any good reason why the Senate Finance Committee should
not prioritize reauthorization of TPA?
Can the United States afford to fall behind our competitors by not
securing free trade agreements?
Answer. The President has made it clear that he will not sign any
new trade agreements until the United States makes necessary
investments here at home. Building back better will allow us to improve
our competitiveness; our very ability to compete is a critical
component of not falling behind others, but one that has not gotten
sufficient attention in recent decades.
USTR is pursuing a worker-centered trade policy. This policy is
designed to ensure that our foreign economic policies are responsive to
the needs of everyday Americans, whether they work in the
manufacturing, retail, agricultural, or services sectors. The goal of
this approach is to establish a much broader base of support for trade,
which in turn will create a more stable, durable system. This approach
would be premised on the view that, were Congress to vote, the margins
in both Houses would be sufficient such that Trade Promotion Authority
would be unnecessary. That said, whether to renew Trade Promotion
Authority is within Congress's discretion.
Question. The current world sugar market has incredible challenges,
including trade distorting practices. It is more important than ever
that the United States maintain sugar policies that stabilize the
economic environment U.S. producers of sugar.
If confirmed, and especially in light of the fact there is not yet
a USTR Chief Agricultural Negotiator in place, will you work with your
counterparts at the U.S. Department of Agriculture to prevent excessive
importations of foreign sugar and unnecessary foreign access to
domestic sugar markets?
Can you describe, in detail, the decision-making process across
USTR and the U.S. Department of Agriculture respect to sugar
importation decisions?
Answer. If confirmed, I commit to working with my counterparts at
USDA to maintain the current practices that insure there is not excess
imports of sugar into the United States. I will work very closely with
my counterparts at USDA through formal interagency decision-making
channels to coordinate on these efforts.
Question. Strong intellectual property (IP) protections in the
United States are critical for the invention and manufacturing of
innovative medicines and medical technologies. It is not a coincidence,
therefore, that the United States leads the world both in terms of
inventing and manufacturing these products and providing intellectual
property protections that incentivize innovation.
The President has called for waiving Intellectual Property Rights
(IPRs) for vaccines because of the global health crisis. I strongly
disagree.
At the same time, he has made it very clear that this
administration believes the world is facing a ``climate crisis.'' On
April 22nd, the President called on countries to ``step up'' and take
further action on climate change in order to ``overcome the existential
crisis of our time.''
Do you think the COVID-19 pandemic is a crisis?
Do you agree with the President that because of this crisis vaccine
IPRs should be waived?
Do you agree with the President that there is a climate crisis?
Do you think we should waive American Intellectual Property Rights
on green technology to combat the climate crisis?
What's the difference?
Answer. There are crises due to both the COVID-19 pandemic and the
alarming and unstainable rate of climate change. They are separate but
sadly and disproportionately impact underserved communities both in the
United States and around the world. The President placed addressing
these crises, enhancing relationships with our friends and allies
around the world, and building a better, more resilient and equitable
economy as priorities of the administration's whole-of-government work.
This is the reason why all of these matters were included as core
values and goals in the President's 2021 trade agenda.
Question. U.S. businesses are often at a disadvantage vis-a-vis
state-owned enterprises (SOEs) that are not guided by market
principles. Such SOEs benefit from environmental, health and labor
standards below that of publicly-traded companies. The uranium miners
in Wyoming know this only too well, as U.S. mining has come to a
standstill at the hands of increased imports from places like Russia,
Uzbekistan, and other countries where the Chinese have significant
mining investments. U.S. trade policy needs a clear strategy for
addressing the SOE imbalance.
Can you describe in detail how you would approach the challenges
facing U.S. companies with respect to SOEs?
Is USTR adequately equipped to address the SOE issue to ensure
American workers and businesses have level playing field in the
international marketplace? If not, can you explain where you think
existing USTR authority falls short in this area?
Answer. State-owned enterprises, particularly those in nonmarket
economies, deny American businesses and their employees a level playing
field. If confirmed as Deputy USTR, I commit to fully enforcing U.S.
trade laws and agreements to address SOE unfair trade practices. I will
also work with our trading partners in bilateral and multilateral
settings to coordinate our trade enforcement efforts and negotiate new
standards as necessary to discipline SOEs that do not operate according
to market consideration.
______
Prepared Statement of Hon. Ron Wyden,
a U.S. Senator From Oregon
This morning, the Finance Committee meets to discuss three
nominations for important roles in the Biden administration.
Dr. Melanie Egorin is nominated to serve as the Assistant Secretary
for Legislation at HHS. There aren't many people out there who know
more about America's Federal health programs than Dr. Egorin does,
particularly Medicare. Currently a top staff member at the Ways and
Means Committee, Dr. Egorin also served as a Senior Analyst at the
Government Accountability Office. That's a job that gives you a close
look under the hood when it comes to Federal programs and agencies--
experience that will be highly valuable as Assistant Secretary.
The Finance Committee is going to do our part to keep Dr. Egorin
busy, if and when she's confirmed. For example, this committee is hard
at work on legislation built around the proposition that every American
must have mental health care whey they need it. Tens of millions of
Americans are living with a mental illness today. Half don't get any
treatment. There's a lot of work to be done, as the committee discussed
in an excellent hearing last week.
The committee is also working on bringing down the cost of
prescription drugs. Americans are still getting clobbered every time
they walk up to the pharmacy window. The committee is also hard at work
on expanding home and community-based services across the country. All
of these issues are going to require collaboration between this
committee and HHS.
Next are two nominees to serve as Deputy United States Trade
Representatives. I'll begin with Sarah Bianchi, who is a longtime
member of the Biden economic team. She's served in the Office of the
Vice President, the Domestic Policy Council, the Office of Management
and Budget, and here in the Senate as a staff member. She's played a
key role in developing a strong Biden agenda focused on making the U.S.
more competitive in the world and giving working people in this country
a better chance to get ahead. The breadth of her policy experience is
going to be a big asset for Ambassador Tai and USTR overall.
Finally, somebody named Jayme White is also nominated to serve as
Deputy USTR. Rumor has it he's a familiar face around here. Kidding
aside, it's a pleasure for me to speak a little bit about why I believe
Jayme is an excellent nominee--and it's not just because Jayme also
hails from the Pacific Northwest, the son of union workers at Boeing.
Jayme has worked on trade policy for more than 20 years on Capitol
Hill. In 2009 I was fortunate to lure him away from his job working for
his hometown representative, Congressman Jim McDermott. Since 2014
Jayme has been the top trade and competitiveness advisor for the Senate
Finance Committee Democrats. All in all, for more than a decade, I've
had a front-row seat to watch Jayme move every trade negotiation and
legislative proposal in a direction that gets better results for
workers, for the environment, and for good government.
For example, Jayme was focused on strengthening America's trade
enforcement long before that topic was in vogue. He was the key
individual building support for the ENFORCE Act in 2015 and 2016. Since
it passed, Customs has used it to launch over 130 investigations into
trade cheating that undercuts American workers. When the Trump
administration's new NAFTA was weak on enforcement, Jayme and
Ambassador Tai worked to make huge improvements. As a direct result of
their work, USMCA raises the bar over any other trade agreement in the
past in terms of enforceable commitments on labor rights and the
environment.
Jayme has been a leader when it comes to setting standards for
digital trade that protect American jobs and innovation. He's also been
a real champion of transparency and accountability in trade policy. It
used to be that members of Congress, myself included, knew less about
what was going on during trade negotiations than well-connected
reporters and industry insiders. If members of Congress didn't have
much access, then the American people were totally in the dark. We said
that wasn't good enough, and to a great extent, Jayme is the person
responsible for changing it.
Among a host of improvements, members now have access to
negotiating text while negotiations are happening, and pending
agreements must be publicly available for at least 60 days before they
can go to Congress for approval. That represents big progress that this
committee can continue to build on.
Bottom line, if you've got Jayme White on your team, you're running
with the right crowd. He likes scoring trade policy wins for American
workers, farmers, and businesses even more than he enjoys a good IPA.
If and when he's confirmed, Oregon's loss will be the rest of the
country's gain.
So I want to thank all of our witnesses for joining the committee
today and for their willingness to serve. I'll look forward to
questions.
______
Communication
----------
American Forest and Paper Association
1101 K Street, NW, Suite 700
Washington, DC 20005
(202) 463-2700
https://www.afandpa.org/
Office of the President
June 22, 2021
The Honorable Ron Wyden
Chairman
The Honorable Mike Crapo
Ranking Member
U.S. Senate
Committee on Finance
219 Dirksen Senate Office Building
Washington, DC 20510
Dear Chairman Wyden and Ranking Member Crapo:
On behalf of the American Forest and Paper Association (AF&PA), I
am pleased to write in support of the confirmation of Jayme White as
Deputy United States Trade Representative (USTR).
AF&PA serves to advance U.S. paper and wood products manufacturers
through fact- based public policy and marketplace advocacy. The forest
products industry is circular by nature. AF&PA member companies make
essential products from renewable and recycle resources, generate
renewable bioenergy and are committed to continuous improvement through
the industry's sustainability initiative--Better Practices, Better
Planet 2030: Sustainable Products for a Sustainable Future. The forest
products industry accounts for approximately four percent of the total
U.S. manufacturing GDP, manufactures nearly $300 billion in products
annually and employs approximately 950,000 people. The industry meets a
payroll of approximately $60 billion annually and is among the top 10
manufacturing sector employers in 45 states.
Over the years, AF&PA has worked with the Office of the USTR on
many trade-related issues. We believe that Mr. White is well-qualified
to serve as Deputy USTR, with his two decades of experience working on
nearly every major trade issue and trade legislation. We look forward
to working with him on free and fair trade policies that advance the
competitiveness of the U.S. pulp, paper, packaging, tissue, and wood
products manufacturing industry and its workers.
Thank you for your consideration. If you have any questions, please
feel free to contact me.
Kind regards,
Heidi Brock
President and Chief Executive Officer