[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[House]
[Pages H10400-H10405]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PRIVILEGES OF THE HOUSE--FAILURE OF U.S. GOVERNMENT TO ENFORCE
ANTIDUMPING LAWS REGARDING STEEL
Mr. VISCLOSKY. Mr. Speaker, I rise to a question of the privileges of
the House and offer a privileged resolution that I noticed pursuant to
rule IX and ask for its immediate consideration.
The SPEAKER pro tempore. The Clerk will report the resolution.
The Clerk read as follows:
Resolution
A resolution, in accordance with House Rule IX, Clause 1,
expressing the sense of the House that its integrity has been
impugned because the anti-dumping provisions of the Trade and
Tariff Act of 1930, (Subtitle B of title VII) have not been
expeditiously enforced;
Whereas the current financial crises in Asia, Russia, and
other regions have involved massive depreciation in the
currencies of several key steel-producing and steel consuming
countries, along with a collapse in the domestic demand for
steel in these countries; Whereas the crises have generated
and will continue to generate surges in United States imports
of steel, both from the countries whose currencies have
depreciated in the crisis and from steel producing countries
that are no longer able to export steel to the countries in
economic crisis;
Whereas United States imports of finished steel mill
products from Asian steel producing countries--the People's
Republic of China, Japan, Korea, India, Taiwan, Indonesia,
Thailand, and Malaysia--have increased by 79 percent in the
first 5 months of 1998 compared to the same period in 1997;
Whereas year-to-date imports of steel from Russia now
exceed the record import levels of 1997, and steel imports
from Russia and Ukraine now approach 2,500,000 net tons;
Whereas foreign government trade restrictions and private
restraints of trade distort international trade and
investment patterns and result in burdens on United States
commerce, including absorption of a disproportionate share of
diverted steel trade;
Whereas the European Union, for example, despite also being
a major economy, in 1997 imported only one-tenth as much
finished steel products from Asian steel producing countries
as the United States did and has restricted imports of steel
from the Commonwealth of Independent States, including
Russia;
Whereas the United States is simultaneously facing a
substantial increase in steel imports from countries within
the Commonwealth of Independent States, including Russia,
caused in part by the closure of Asian markets;
Whereas there is a well-recognized need for improvements in
the enforcement of United States trade laws to provide an
effective response to such situations: Now, therefore, be it
Resolved by the House of Representatives, That the House of
Representatives calls upon the President to--
(1) take all necessary measures to respond to the surge of
steel imports resulting from the financial crises in Asia,
Russia, and other regions, and for other purposes;
(2) pursue enhanced enforcement of United States trade laws
with respect to the surge of steel imports into the United
States, using all remedies available under those laws
including offsetting duties, quantitative restraints, and
other authorized remedial measures as appropriate;
(3) pursue with all tools at his disposal a more equitable
sharing of the burden of accepting imports of finished steel
products from Asia and the countries within the Commonwealth
of Independent States;
(4) establish a task force within the executive branch with
responsibility for closely monitoring United States imports
of steel; and
(5) report to the Congress by no later than January 5,
1999, with a comprehensive plan for responding to this import
surge, including ways of limiting its deleterious effects on
employment, prices, and investment in the United States steel
industry.
Mr. VISCLOSKY (during the reading). Mr. Speaker, I ask unanimous
consent that the resolution be considered as read and printed in the
record.
The SPEAKER pro tempore. By practice, the resolution is read in full.
The Clerk completed reading the resolution.
The SPEAKER pro tempore. Does any Member desire to be heard on
whether the resolution presents a question of the privileges of the
House?
The Chair recognizes the gentleman from Indiana (Mr. Visclosky).
Mr. VISCLOSKY. Mr. Speaker, I offer this question of privilege to
bring attention to a catastrophic situation facing this Nation. The
trade laws that the Congress has enacted over the last 60 years are
designed to ensure that American workers are not hurt by unfair and
illegal trade practices. Congressional intent, as represented by the
Trade and Tariff Act of 1930, is being ignored at the present time.
{time} 1250
The U.S. steel industry and its workers are suffering because the
Asian and Russian financial crises have led those countries to dump
their steel on our market. The U.S. has been reluctant to stop this
illegal practice. Steel that was formerly produced for domestic
consumption in Asia is now being shipped to the United States where it
is sold at prices below the cost of production. Steel prices in the
United States have fallen 20 percent in the last 3 months alone.
The European Union has protected itself and its steel industry
against dumping by erecting temporary barriers to steel imports during
the crisis. Their steel industry is weathering the storm. In America,
the demand for domestic steel has decreased dramatically in mills in
Alabama, West Virginia, Utah, Ohio, Iowa, Indiana, and workers have
been laid off because of the decreased demand for American steel.
American workers should not have to pay the price of the
administration's refusal to enforce trade laws which the Congress has
enacted and supports. This impinges on the integrity of this House.
American steel workers, the most efficient in the world, cannot
continue to be besieged by foreign steel products while waiting
indefinitely for trade cases to be settled. Damage to the American
steel industry is extensive, severe and rapidly growing. We need to
protect our American steel workers by stemming the tide of illegally
dumped steel, and the administration's failure to act again directly
impinges on the integrity of this House.
The SPEAKER pro tempore (Mr. Calvert). The Chair is prepared to hear
argument on this question of privilege from other Members, including
those
[[Page H10401]]
who have noticed virtually identical resolutions on this topic, in lieu
of entertaining those other resolutions separately today.
This comports with the principle that recognition on a question of
order is within the discretion of the Chair. Members must address the
question of order.
Mr. BERRY. Mr. Speaker, I rise today to talk about the steel crisis
that is escalating out of control and is having a devastating effect on
the people of the First Congressional District of Arkansas as well as
people around the country. I am a free trader so long as the rules of
free trade are rigorously enforced. Fair trade is imperative to support
free trade.
What is not fair is the export of the Asian and Russian crisis to our
shores. Currently Japanese and Russian and other foreign steel
companies are unable to sell their excess capacity at home. These
foreign steel producers are dumping their products on the U.S. market
by selling at prices less than their cost and below those in their home
markets.
As a result, this growing steel import crisis is causing injury to
our domestic steel companies and the industry. It is threatening the
jobs of people in the First Congressional District of Arkansas and
across America. As a result, the steel imports in May 1998 increased
28.5 percent from their level of the previous year. Through June 1998
the imports from Japan were up 113.7 percent, while imports from Korea
rose 89.5 percent.
Mr. Speaker, we need to protect American workers and American
industry by stopping the illegal dumping of steel from other countries.
Now is the time to act. We have the responsibility and the opportunity
to correct this problem, and I assure my colleagues that I will do
everything I can to help. We can win, but we must fight.
Mr. TRAFICANT. Mr. Speaker, I am not addressing and will not address
the deplorable plight and condition of the steel industry at this time.
But I believe there are some precedents in legal arguments concerning
the privileges of the House and its Members to advance privileged
resolutions. I would like to make those arguments, and I want to make
it clear through the legislative intent and history of today's request
for a vote that we are challenging past precedents on the rulings and
questions of privilege, and today's efforts are another step forward to
bring back to the powers of the House those which the Constitution
deems are within the jurisdictional authority of the House.
Having said that, specifically article I, section 8 clearly states
that Congress shall regulate commerce with foreign nations. Congress.
Not the White House, not the Trade Rep, not the World Trade
Organization. Although they can assist the Congress, they do not have
the mandated authority to undertake the actions necessary for remedy in
this condition. And I hope Congress is listening. I know they want to
get out of here. But let us not talk about steel. Let us talk about the
Constitution.
Having said that, I believe that this matter of privilege today is
within the scope of the United States House of Representatives for the
following reasons. While I admit past precedents did not destroy the
powers of Congress, the decisions of past Congresses, as upheld by the
Chair, have diminished the Congress, specifically the House of the
people. In that regard, the legal question is, if congressional powers
are being diminished and there is a condition that does not lend itself
to remedy by the House who has the mandated power to remedy, then the
resolution must be heard on cause.
So the Traficant appeal is saying, by the nature of past decisions,
Parliamentarians and the Chair have upheld denying the resolutions of
privilege, while I maintain that decision has created a diminishing
power and authority that is duly granted to the Constitution, duly
granted to the Members of the House of Representatives, and strips us
of those powers specifically. That is what my question of a ruling is
on.
Parliamentary Inquiry
Mr. TRAFICANT. Mr. Speaker, having said that, I would like a
parliamentary inquiry with the Speaker.
The SPEAKER pro tempore. The gentleman may state his inquiry.
Mr. TRAFICANT. Is article I, section 8 of the Constitution clearly in
force?
The SPEAKER pro tempore. The Chair cannot interpret the Constitution
in response to parliamentary inquiry.
Mr. TRAFICANT. Does article I, section 8 of the Constitution grant
specific powers to the Congress?
The SPEAKER pro tempore. That is not a proper parliamentary inquiry.
Mr. TRAFICANT. In closing, ladies and gentlemen, this is more than
some trickery here. I want to say this to every Member in the House. We
have delegated our authority. What we have not delegated has been
usurped, and both sides of the aisle has allowed that to happen, and by
not challenging this today and reversing past precedents, we in fact
have diminished and destroyed what powers we are granted under the
Constitution.
Mr. OBERSTAR. Mr. Speaker, I rise to be heard on the question of
privilege.
Mr. Speaker, the resolution under consideration, I believe, does
constitute a question of privileges of the House, because the trade
laws that the Congress has enacted over the last 60 years are designed
to ensure that American workers are not hurt by unfair and illegal
dumping of manufactured products, including steel. Congressional intent
as represented by the Trade and Tariff Act of 1930, is being
specifically ignored.
This is not a partisan matter. It is a matter that concerns Members
on both sides of the aisle. It is not a matter limited to the present
administration in Washington, the Clinton administration. It is an
issue that has spread over several administrations, going back to the
1970s, the Carter administration, later the Reagan administration, the
Bush administration. This Congress, through our congressional steel
caucus, on a bipartisan basis has advocated vigorous action against
unfairly traded steel.
I am happy to yield at this point to the chairman of the Committee on
Transportation and Infrastructure, the gentleman from Pennsylvania.
Mr. SHUSTER. I thank the gentleman for yielding and I rise for two
purposes.
The SPEAKER pro tempore. The gentleman cannot yield on a question of
order but the Chair will recognize each Member separately.
Mr. SHUSTER. I was going to ask to be able to speak out of order for
a unanimous-consent request.
The SPEAKER pro tempore. The Chair will hear each Member on his own
time, but on a question of order a Member cannot yield time.
Mr. OBERSTAR. I thank the Chair for the ruling.
{time} 1300
Shortly after the end of World War II a famous American historian and
journalist, John Gunther, wrote:
What makes America a great nation is the fact that it can
roll over 90 million tons of steel ingots a year, more than
Great Britain, prewar Germany, Japan, France and the Soviet
Union combined.
Gunther wrote: ``This is a steel age.''
We still live in that steel age. Steel is still the most versatile
building material in an industrial society. We are the world's most
efficient producer of steel. American steel industry has lost 350,000
jobs over the last decade, has closed over 450 plants, modernized its
facilities to the tune of $50 billion of investment. We have gone from
10 man hours to produce a ton of steel in 1981 to 1\1/2\ to 3 hours
depending on the type of steel today to produce a ton of steel compared
with 4\1/2\ to 5 hours in Japan, 6\1/2\ hours in the European Union and
10 hours in Russia. And yet steel from those countries is being sold in
the United States at below cost of production in the country of origin,
and this administration, like previous administrations, until prodded
by Congress, has not acted decisively to protect our domestic industry,
our basic building block security industry.
We need to act. This resolution that we propose as a point of
privilege calls on the administration to act, we ought to bring that
resolution to the House floor before this session of Congress adjourns,
and I urge the Chair to rule in the interests of working men and women
of America in the steel valley, the Mon Valley of Pennsylvania-Ohio,
and the taconite industry of northern Minnesota and northern Michigan
and in the interest of America's standing in
[[Page H10402]]
the world community as a powerful economic force.
The SPEAKER pro tempore (Mr. Calvert). The gentleman from Ohio (Mr.
Ney).
Mr. NEY. Mr. Speaker, I stand today to support this Visclosky
privileged resolution which expresses the sense of the House that the
integrity of our anti-dumping provisions of the Trade and Tariff Act of
1930 have not been enforced.
My colleague from Ohio (Mr. Traficant) I think has eloquently and
adequately expressed the ability of this Congress to consider this
privileged resolution.
Trade laws that were enacted 60 years ago, Mr. Speaker, were designed
to protect American workers. That is what this government did. It
designed laws to protect American workers so they are not hurt by
unfair trade practices.
The U.S. steel workers and the steel industry are suffering in one of
the worst ways in recent modern times because the Asia and Russia
financial crisis has led those countries to illegally dump their steel
on the market. It could not be any clearer.
Steel that was formerly produced for domestic consumption in Asia is
now being shipped to the United States where it is sold at prices below
the cost of production. Steel prices have fallen 20 percent in the last
3 months alone. The Europeans have protected itself and the steel
industry against dumping by erecting temporary barriers on steel
imports. So Europe has stood up for its workers; that is what Europe
has done, Mr. Speaker. The European steel industry will weather the
storm while the American steel industry and its workers are announcing
new layoffs daily.
We need to push for this resolution. We need to push the White House
to do everything they can to stop illegal dumping practices that are
damaging our steel industry.
In closing, Mr. Speaker, I ask where is the Congress? Where is the
White House? Where is the United States Government? Today we have a
chance to answer those questions. We are here, by supporting the
Visclosky resolution, to finally stand up for steel workers, to stand
up for working Americans, to stand up for families in this country and
to stand up for the United States. This is mandatory, it is a must, it
is the right thing to do.
Mr. Speaker, I support the Visclosky privileged resolution.
The SPEAKER pro tempore. As the Chair hears further argument, the
Chair will reiterate the ruling of February 7, 1995.
When a Member offers a resolution as a question of privilege pursuant
to rule IX, the Speaker may in his discretion hear argument on whether
the resolution constitutes a question of the privileges of the House,
but that argument should not range to the merits of the underlying
matter.
The gentleman from New York.
Mr. HINCHEY. Mr. Speaker, I would like to say a word on this
resolution because I think the issue that is raised is critically
important to the Members of this House and to the people of this
country, and it is one that we ought to have a full and complete debate
on. The reason I say that is in recognition of the statements that have
been made just a few moments ago with regard to the impact that the
dumping of steel is having on congressional districts and the people in
those congressional districts, the workers in those congressional
districts and their families across the country. This is an aggravated
symptom of a much larger problem however.
Mr. Speaker, we are in the midst of a global economic crisis, and one
of the features of that global economic crisis is the propensity of
some nations in the world suffering the effects of deflation to attempt
to dump their products, both manufactured products and commodities, on
to the markets of other countries. We are in a most vulnerable position
indeed to this particular activity, and we have not done nearly enough
to protect our economy from the effects of this kind of dumping.
One of the things that we ought to do immediately is to petition the
Federal Reserve to reduce interest rates substantially so that we may
buttress our economy from the effects of this kind of dumping and the
larger effects of the global economic crisis.
In addition to that, we have a major issue that is currently before
the Congress with regard to the International Monetary Fund which this
Congress has not yet addressed. We need to increase the funding for the
IMF, and if we were to do so, that increase in funding would make it
less likely that resolutions of this nature would have to be brought to
the floor.
We are in an important issue right now. We need to decide this issue,
bring that question of IMF funding before on the floor so that we can
have a full and complete debate on it.
The SPEAKER pro tempore. The Chair would remind the Members that the
issue before the Members is neither the advisability of the United
States trade policy nor the actions of the administration on trade, but
rather the procedural question of whether the resolution offered by the
gentleman from Indiana constitutes a question of the privileges of the
House under rule IX. The Chair would ask Members to confine their
arguments to that issue.
The gentleman from Ohio (Mr. Kucinich).
Mr. KUCINICH. Mr. Speaker, I rise in favor of a privileged motion for
H. Con. Resolution 328 which provides Congress with an opportunity to
protect the American steel worker and the American steel industry. I am
in concurrence with previous speakers who cited the Constitution of the
United States with respect to Congress' ability to protect commerce in
this country and to protect the jobs of the people whom we serve.
Mr. Speaker, I think that we are here as a Congress to say that
Congress needs to take action on the crisis posed by cheap subsidized
steel imports from developing countries that are trying to earn foreign
exchange to repay their own onerous debts. American steel is under
siege, and we need to stand up for American steel and for American
jobs.
The SPEAKER pro tempore. The gentleman will keep his remarks to the
issue of the parliamentary question of order.
Mr. KUCINICH. So, therefore, I rise in favor of the privileged motion
for H. Con. Resolution 328. I ask the Chair to grant the privileged
motion. Otherwise I ask Members to vote for a motion to appeal a ruling
of the Chair and vote for H. Con. Resolution 328. It is important that
we stand up for America and stand up for American steel.
The SPEAKER pro tempore. The Chair will hear from one more Member,
the gentleman from Pennsylvania (Mr. Doyle).
Mr. DOYLE. Mr. Speaker, I rise to be heard on the question of
privilege offered by the gentleman from Indiana. The resolution under
consideration constitutes a question of privilege of the House because
trade laws enacted by the House over 60 years ago are being ignored.
These laws were specifically designed to ensure that American workers
are not hurt by unfair and illegal dumping of manufactured products
including steel.
I am sorry to say that the congressional intent, as represented by
the Trade and Tariff Act of 1930, is specifically ignored. This is an
external crisis caused by steel dumping in the U.S. by foreign
producers for whom any price for steel is higher than the price they
would get at home.
{time} 1310
Because of a result of the Asian and Russian financial crisis, there
is no market for steel in their home countries. This is a crisis
addressable by laws currently in effect which are not being enforced.
U.S. steel remains very competitive. But steel was being dumped in
the U.S. at below the cost of production, which is illegal and a
violation of the laws that the Legislative Branch has enacted. U.S.
trade laws are supposed to be enforced by the Executive Branch. The
administration has failed to stop these illegal activities, and the
dignity of this House is being impugned. I urge the support of the
resolution.
Mr. WELLER. Mr. Speaker, I rise today to bring attention to a matter
of the utmost importance to the future of the American steel industry
and to thousands of steelworkers around the country, many of which I
represent in the 11th Congressional District in Chicago's south
suburbs.
Mr. Speaker, the American steel market is in the midst of a crisis
due to a unprecedented flow of below market value foreign steel. The
economic problems in Russia, Asia and Latin
[[Page H10403]]
America have led to large scale dumping of foreign steel on the U.S.
market with most of this steel being sold at below the price of
production in their home markets. As you know Mr. Speaker, this is an
unfair and illegal trade practice under both international and U.S.
trade policies, and the dumping of foreign steel threatens many good
paying American jobs.
This past spring, I along with 64 other members of this House signed
a letter to the President asking him to enforce existing U.S. laws
against these unfairly traded steel imports. Unfortunately Mr. Speaker,
the Administration has failed to act on behalf of the steel industry
and American workers. In fact, the problem has only grown worse since
this spring. Steel imports for this past July were up almost 45% over
July 1997. Imports from Japan and South Korea are up over 113% and 89%
respectively.
The impact of this dumped steel has already resulted in layoffs and
reduced orders in factories around the country. U.S. Steel has laid off
over 100 workers in Pittsburgh and is planning to lay off more workers
as orders continue to slow. Geneva Steel has had to let go of over 500
employees, and Northwestern Steel and Wire Company in my state of
Illinois has said that it might have to let go as many as 450 workers
because of the these unfair trade practices. Even Acme Steel Company in
Chicago has been forced to file for bankruptcy protection putting even
more jobs in question.
I have over 20 firms in my district that produce steel or steel
products. Some of these firms are large cooperations like Birmingham
Steel whose mill in Joliet, Illinois employs almost 400 people, while
others are small family owned businesses like Bellson Scrap and Steel
in Bourbonnais. Without immediate action to stem the tide of this
unfairly dumped steel, I fear that these steel producers and their
workers will face severe harm.
Mr. Speaker, both the steel industry and the steelworkers union have
filed suit to stop these unfair practices, but, without swift action by
the Administration to stop this unchecked flow of dumped steel, it may
be too late for many of our steel companies and steel workers to wait
for the courts resolution.
The steel industry has rebounded from the financial difficulties of
the 1980's that cost our country over 325,000 jobs. The American steel
industry once in decline, now produces the lowest cost and highest
quality steel on the planet. If we fail to ensure that American steel
plays on a level playing field with the rest of the world, than we
place American steel companies and American workers including the 400
at Birmingham Steel in great harm.
[From the Chicago Tribune, Oct. 1, 1998]
Steel Firms File Trade Complaint--Targets: Brazil, Japan, Russia
(By Michael Arndt)
Battered by imported steel arriving by the shipload, a
coalition of domestic steel companies Wednesday asked the
government to slap hefty duties on steel sheet--one of the
industry's most widely used products--from Brazil, Japan and
Russia.
The coalition also warned it would file unfair trade
complaints against other steel goods from the same three
teetering nations and others, including possibly South Korea,
in what is shaping up to be the biggest counteroffensive
against imports of any kind in at least a decade.
Before it's over, the Clinton administration may intervene
and negotiate trade pacts that would give these nations a
limited slice of the U.S. market, avoiding a cutoff that
could hurt foreign governments important to U.S. interests.
The complaint, filed with the U.S. International Trade
Commission and the Commerce Department, followed a record
surge in low-priced imports that have smashed through mill
towns this summer and fall like a Category 5 hurricane.
Already, Acme Metals Inc. of south suburban Riverdale has
sought bankruptcy protection while J&L Specialty Steel Inc.
has shelved plans for a new mill because prices and orders
are skidding. Others have idled production lines, trimmed
work-weeks and furloughed or fired hundreds of employees.
And layoffs, limited thus far by terms of the United
Steelworkers of America's master labor contract, could
balloon to the thousands by year's end if the flow of imports
is not quickly dammed.
``We are in an absolute crisis,'' Paul Wilhelm, chief
executive of USX Corp.'s U.S. Steel Group, said in a
teleconference. ``In my 35 years in the business, I have
never seen the unprecedented levels of imports or the
cutthroat prices coming into this country.''
To people who have peripherally followed the steel
industry, Wilhelm and the other CEOs in the Stand Up for
Steel coalition sound like men crying wolf. Since 1980, when
the nation's current trade laws went into effect, steelmakers
have filed more complaints than every other industry
combined.
But the increase in imports and tandem decline in spot-
market prices triggered by Asia's economic collapse have been
extraordinarily steep, suggesting that the steel industry--
still a bedrock even in an Information Age economy--is truly
in as much trouble as these men claim.
Indeed, only hours after the coalition announced its trade
complaint in a Washington news conference, analyst Michelle
Applebaum of Salomon Smith Barney urged investors to sell
steel stocks, figuring that it may take until late 1999 for
the trade complaint to lift overall prices.
The industry's latest bugbear is imported hot-rolled steel
sheet, a commodity used in a variety of manufactured
products, including vehicle parts, appliances and office
furniture.
In their unfair trade complaint, the coalition notes that
imports of this steel from Brazil, Japan and Russia jumped 81
percent in the first seven months of 1998 from the year-
earlier period, giving them 27 percent of this market
segment, up from 10.9 percent in 1997.
Looking over a longer timeframe, the coalition says that
hot-rolled steel imports from the three nations are currently
running at six times their 1995 annual total.
The price of these products is also unfairly low, according
to the coalition. Under U.S. trade law, it is illegal to sell
imported steel here for lower prices than in the foreign
producer's home market or for less than the cost of
production--practices known colloquially and legally as
dumping.
To make these goods fairly priced, the coalition is
demanding duties that would boost import prices from Brazil
by 31 percent to 91 percent; from Japan by 28 percent to 85
percent; and from Russia by 91 percent to 167 percent.
The 12-company coalition--led by U.S. Steel, Bethlehem
Steel Corp. and LTV Corp.--also accuses the Brazilian
government of subsidizing its steel exports, another
violation of U.S. trade law.
The trade complaint goes first to the International Trade
Commission, which is scheduled to rule preliminary by mid-
November whether the imports have injured the domestic
industry. If so, the Commerce Department could set tentative
duties by late April.
Well before then, however, coalition members said they plan
to file unfair trade complaints against so-called emerging-
market nations in Asia, Latin America and the former Soviet
bloc on other widely traded products, such as high quality
cold-rolled sheet, heavy-duty plate and multipurpose coils.
In the next few months, ``we will be meeting with you many
more times'' as more complaints are brought, Curtis Barnette,
chairman and chief executive of Bethlehem Steel, promised
reporters. The coalition, he added, will go after ``all
products and all countries that are trading unfairly. No one
is excluded.''
There is almost a sense of tragedy in the steel industry's
current troubles. Since 1980, the industry has spent an
estimated $50 billion on more-productive equipment and mills
to bring itself up to world standards. Some 325,000 jobs were
eliminated in the process.
But just as the industry seemed finally to have put its
house in order, Asia's economies came apart. With few
consumers in their home markets, manufacturers in these
nations turned toward exports to keep their factories busy
and avoid layoffs that could be politically disruptive.
Steel executives and workers said they feel cheated.
Over the last 12 years, for instance, investors spent $420
million on Geneva Steel Inc., which enabled the Provo, Utah-
based company to survive while every other traditional steel
mill west of the Mississippi River went under.
Now, Geneva Steel has fired 270 employees and put another
335 on temporary layoff because of falling orders.
``Years and years of work will go down the drain very
quickly if something does not happen,'' said Robert Grow, its
president.
Other steelmakers are cutting back as well. Nucor Corp. has
slowed production at three mills, including one in
Crawfordsville, Ind. U.S. Steel has shut a blast furnace at
its Gary Works that accounts for 7.5 percent of its total
iron output, and has laid off about 100 workers in
Pennsylvania.
And Northwestern Steel and Wire Co. of Sterling, Ill.,
recently said it would fire 450 workers as it exits nearly
half its wire-products lines, in part because of heightened
competition from low-priced imports.
``This is a not a regional problem,'' said George Becker,
president of the United Steelworkers union, which joined in
the trade complaint. ``This is happening all over the United
States, from Provo to Alabama, in Pennsylvania and south of
Chicago.''
Mr. LIPINSKI. Mr. Speaker, I rise today in strong support of this
privileged resolution.
For far too long, this Administration has turned its back on American
workers. The Administration's failed trade policies has failed American
workers. Free trade at any cost? I don't think so especially when
American workers are the ones who suffer.
The current international economic crises has hit our steel industry
hard. Asian nations such as Taiwan, China, Indonesia, Thailand,
Malaysia, Korea and Japan have been illegally dumping their steel in
our market. In the five months of 1998, U.S. steel imports from those
Asian nations have increased by 79 percent from the same period from
1997. Compare that with the European Union which, despite being a major
economy, only imported one-tenth as
[[Page H10404]]
much finished steel products from Asia as the U.S. did.
And what is the difference between the European Union and the U.S.?
The difference is the European Union enforces their trade laws--the
U.S. doesn't.
Mr. Speaker, this body passed tough trade laws that level the playing
field as we compete in the global economy, but these trade laws only
work if they are enforced. And right now, under this Administration,
they aren't.
I strongly urge the Administration to fully utilize U.S. trade laws
to protect our domestic steel industry. When foreign nations dump steel
at below-market prices in the U.S., it is unfair. When the
Administration, charged with enforcing out trade laws and the
responsibility of protecting American jobs and American industry from
inequitable, foreign competition fails to do so, it is unfair. This
worsens the U.S. trade deficit, exports American jobs, and causes a
contractionary effect on U.S. economic growth. It is wrong for American
workers to bear the burden of this nation's failed trade policies.
I urge all of my colleagues to join me in support of this resolution.
Mr. ENGLISH of Pennsylvania. Mr. Speaker, I rise today to express my
views on the ruling of the Chair on the question of whether this is in
fact a ``Privileged Resolution'' under the rules of this House.
I support the ruling of the Chair. I do not believe that this is in
fact a privileged resolution under the rules of the House. I do believe
that this issue should be brought up under regular order. I fully
support the underlying resolution, H. Con. Res. 328, of which I am an
original cosponsor. I urge the House of Representatives to call up and
pass this important legislation under its regular order of business.
I call on the President and the Administration to act expeditiously
to eliminate the damage being caused by illegal dumping of foreign
steel products in America. Russia, Brazil, Korea, China, and Japan
should not be allowed to export their economic mismanagement to the
United States. Dumping is an unfair, intolerable and illegal trade
practice that is hurting American steel companies and puts American
jobs at risk.
Due to economic crises, Korean, Japanese, Russian, and other foreign
steel companies cannot sell their products domestically. In order to
liquidate their inventory, foreign steel producers are ``dumping''
their products in the U.S. by selling at prices below production cost
in their home and U.S. markets. Steel imports in May 1998 increased a
staggering 28.5 percent from last year.
Over the last decade, U.S. steel has revitalized to become one of the
most competitive industries in the world. This enormous accomplishment
is now in jeopardy due to illegal traded steel imports.
H. Con. Res. 328 is valuable legislation that calls on the
Administration to act and respond to the surge of unfairly traded steel
imports resulting from the financial crises in Asia, Russia and other
parts of the world. It is an important step in addressing the growing
steel import crisis and should be brought up and passed by the House.
An economic crisis in Russia and Asia does not give these countries
the right to violate trade laws. Congress and the Administration need
to act now to enforce trade laws and stop an economic crisis in the
U.S. steel industry. We need a level playing field for everyone who
participates in the global marketplace.
I support the underlying resolution, but Mr. Speaker I am compelled
on procedural grounds to oppose the motion of the Gentleman from
Indiana. By invoking this procedure, the Gentleman has unnecessarily
politicized what should be a consensus issue in this House.
The SPEAKER pro tempore (Mr. Calvert). The Chair is prepared to rule
on whether the resolution offered by the gentleman from Indiana (Mr.
Visclosky) presents a question of the privileges of the House under
rule IX.
The resolution offered by the gentleman from Indiana calls upon the
President to address a trade imbalance in the area of steel imports.
Specifically, the resolution calls upon the President to pursue
enhanced enforcement of trade laws, to establish a task force on
monitoring imports, and to submit a report to Congress by the date
certain on that matter.
A resolution expressing the legislative sentiment that the President
should take specified action to achieve desired public policy end does
not present the question affecting the rights of the House,
collectively, its safety, dignity, or integrity of its proceedings as
required under rule IX.
In the opinion of the Chair, the resolution offered by the gentleman
from Indiana is purely a legislative proposition, properly initiated
through the introduction in the hopper under clause 4 of rule 22.
The Chair will note a recent relevant precedent on this point. On
February 7, 1995, Speaker Gingrich ruled, consistent with the landmark
ruling of May 6, 1921 by Speaker Gillett, that a resolution invoking
the legislative powers enumerated in the Constitution and requiring a
multifaceted evaluation and report by the Comptroller General on the
proposed support of the Mexican pesos did not constitute the question
of the privileges of the House.
In his ruling, Speaker Gingrich stated: ``Were the Chair to rule
otherwise, then any alleged infringement by the Executive Branch, even,
for example, through the regulatory process conferred on Congress by
the Constitution would give rise to a question of the privileges of the
House.''
Although constitutional prerogatives have not been invoked in the
text of the resolution before us today, the principle put forth in the
1995 ruling is nevertheless pertinent, as evidenced by the debate on
this question. To permit a question of the privileges of the House
addressing presidential trade policy through the mere invocation of the
Constitution would permit any Member to advance virtually any
legislative proposal as a question of the privileges of the House.
Accordingly, the resolution offered by the gentleman from Indiana
does not request constitute a question of the privileges of the House
under rule IX and may not be considered at this time.
Parliamentary Inquiry
Mr. TRAFICANT. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore. The gentleman may state his parliamentary
inquiry.
Mr. TRAFICANT. Mr. Speaker, I do not mean to belabor the House.
My question is, the ruling of the Chair is only enforced by an
affirmative vote to sustain the Chair's ruling. If the House votes to
overturn the tabling of this, does it not set precedent to give back to
the House that which exists within its mandated constitutional
authority? If we vote in deference to the Chair's ruling, does it not
allow us to thus change precedence, change the rules of the House, and
allow debate on such issues?
The SPEAKER pro tempore. The ruling of the Chair is subject to appeal
and could be overturned.
Mr. TRAFICANT. Mr. Speaker, question. If it is overturned, the ruling
of the Chair then would allow these issues of privilege to exist for
constitutional powers granted to the Congress.
The SPEAKER pro tempore. The Chair cannot anticipate the precedential
effect of a future action. If the appeal were taken and the Chair was
overruled, the resolution would be pending.
Mr. TRAFICANT. I thank the Chair.
Mr. VISCLOSKY. Mr. Speaker, I appeal the ruling of the Chair.
The SPEAKER pro tempore. The question is: Shall the decision of the
Chair stand as the judgment of the House?
Motion To Table Offered By Mr. Davis of Virginia
Mr. DAVIS of Virginia. Mr. Speaker, I move to lay the appeal on the
table.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Davis) to lay on the table the appeal of
the ruling of the Chair.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. VISCLOSKY. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
[[Page H10405]]
The SPEAKER pro tempore. This 15-minute vote on tabling the appeal
will be followed by votes on the four questions postponed earlier
today.
Without objection, each postponed vote will be conducted as a 5-
minute vote.
There was no objection.
The vote was taken by electronic device, and there were--yeas 219,
nays 204, not voting 11, as follows:
[Roll No. 512]
YEAS--219
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady (TX)
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Christensen
Coble
Coburn
Combest
Cook
Cooksey
Cox
Crane
Crapo
Cubin
Cunningham
Davis (VA)
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Foley
Forbes
Fossella
Fowler
Fox
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Granger
Greenwood
Gutknecht
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hill
Hilleary
Hobson
Hoekstra
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King (NY)
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
Livingston
LoBiondo
Lucas
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Mica
Miller (FL)
Moran (KS)
Morella
Myrick
Northup
Norwood
Nussle
Oxley
Packard
Pappas
Paul
Paxon
Pease
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Porter
Portman
Quinn
Radanovich
Ramstad
Redmond
Regula
Riggs
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryun
Salmon
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Shimkus
Shuster
Skaggs
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Smith, Linda
Snowbarger
Solomon
Souder
Spence
Stearns
Stump
Sununu
Talent
Tauzin
Taylor (NC)
Thomas
Thornberry
Thune
Tiahrt
Upton
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
NAYS--204
Abercrombie
Ackerman
Allen
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Bentsen
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boyd
Brady (PA)
Brown (CA)
Brown (FL)
Brown (OH)
Capps
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Fazio
Filner
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gonzalez
Goode
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hilliard
Hinchey
Hinojosa
Holden
Hooley
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (WI)
Johnson, E.B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Manton
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHale
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran (VA)
Murtha
Nadler
Neal
Neumann
Ney
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pickett
Pomeroy
Price (NC)
Rahall
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schumer
Scott
Serrano
Sherman
Sisisky
Skelton
Slaughter
Smith, Adam
Snyder
Spratt
Stabenow
Stark
Stenholm
Stokes
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson
Thurman
Tierney
Torres
Towns
Traficant
Turner
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Wexler
Weygand
Wise
Woolsey
Wynn
Yates
NOT VOTING--11
Berman
Boucher
Collins
Hefner
Kennelly
Lazio
Nethercutt
Parker
Poshard
Pryce (OH)
Rangel
{time} 1345
Ms. RIVERS and Mr. GILMAN changed their vote from ``yea'' to ``nay.''
Messrs. LEWIS of California, LARGENT, KIM, WELDON, PITTS, LaTOURETTE,
ADERHOLT, BILIRAKIS, GILMAN, BUYER and Mrs. LINDA SMITH of Washington
changed their vote from ``nay'' to ``yea.''
{time} 1350
So the motion to table the appeal of the ruling of the Chair was
agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________