[Congressional Record Volume 140, Number 142 (Tuesday, October 4, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]


                              {time}  1040
 
           FOREIGN COUNTRIES TO ACCESS U.S. BUSINESS RECORDS

  The SPEAKER pro tempore (Mr. Pete Geren of Texas). Under the 
Speaker's announced policy of February 11, 1994, and June 10, 1994, the 
gentlewoman from Maryland [Mrs. Bentley] is recognized during morning 
business for 5 minutes.
   Mrs. BENTLEY. Mr. Speaker, the end of the legislative session 
approaches, and, as usual, Congress has begun shoving through scores of 
bills and suspensions.
  The Suspension Calendar supposedly is reserved for noncontroversial 
bills such as commemoratives, because no hearings have ever been held 
on them.
  This was the practice when I first came to Congress 10 years ago--but 
times have changed, and bills with true substance now are on the 
Suspension Calendar. Yesterday, one such measure--H.R. 4781--was rolled 
through.
  This bill authorizes the Attorney General to exchange information 
with foreign governments which are conducting antitrust investigations 
against both American and foreign companies in their respective 
countries.
  I imagine this bill is traveling in tandem with the enabling 
legislation for GATT--presently scheduled to be voted on later this 
week.
  On its surface, this bill makes find sense and would allow the United 
States the ability to secure information about foreign companies that 
violate our antitrust laws.
  What concerns me is that foreigners--who allege violations of their 
laws--will have access to U.S. Government information on American 
companies.
  While this appears to be reciprocal--I must caution my colleagues 
that for years the United States has not been aggressive in responding 
to unfair trade practices carried on by or allies.
  Nothing in this bill assures me that U.S. weak-kneed negotiating will 
change.
  Instead, this bill grants the Attorney General the authority to enter 
into memoranda of understanding with foreign governments.
  These memoranda are nothing more than agency-to-agency treaties 
without the advice and consent of the Senate. Further, these memoranda 
are not reviewable by U.S. courts.
  What is the United States doing to itself?
  Again and again, recent trade bills divest the U.S. courts of 
jurisdiction.
  In the GATT, the World Trade Organization [WTO) will be able to 
challenge the laws passed by this Congress.
  Now, I realize many of my colleagues are upset about the excess 
regulations that impact negatively on U.S. business. But Congress 
should not hide behind the WTO and similar artifices. And free traders 
in Congress should not allow a foreign run organization do what 
Congress is afraid to do--strike down the politically correct laws that 
strangle U.S. business.
  And Congress should not permit the Attorney General to negotiate 
agency treaties that will have the effect of turning over American 
business information to foreign enterprises.
  If this is the price to strike down regulation--the price is too 
high.
  The U.S. Constitution provides for three equal branches of 
Government. The United States does not have a king or an emperor. And 
Congress should not create one in the name of freer markets.

                          ____________________