[Congressional Record Volume 145, Number 154 (Thursday, November 4, 1999)]
[House]
[Pages H11509-H11510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     PRIVILEGES OF THE HOUSE--CALLING ON PRESIDENT TO ABSTAIN FROM 
   RENEGOTIATING INTERNATIONAL AGREEMENTS GOVERNING ANTIDUMPING AND 
                        COUNTERVAILING MEASURES

  Mr. WISE. Mr. Speaker, I rise to a question of the privileges of the 
House, and I 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 Calling on the President To Abstain From Renegotiating 
   International Agreements Governing Antidumping and Countervailing 
                                Measures

       Whereas under Art. I, Section 8 of the Constitution, the 
     Congress has power and responsibility with regard to foreign 
     commerce and the conduct of international trade negotiations;
       Whereas the House of Representatives is deeply concerned 
     that, in connection with the World Trade Organization 
     (``WTO'') Ministerial meeting to be held in Seattle, 
     Washington, and the multilateral trade negotiations expected 
     to follow, a few countries are seeking to circumvent the 
     agreed list of negotiation topics and reopen debate over the 
     WTO's antidumping and antisubsidy rules;
       Whereas the Congress has not approved new negotiations on 
     antidumping or antisubsidy rules and has clearly, but so far 
     informally, signaled its opposition to such negotiations;
       Whereas strong antidumping and antisubsidy rules are a 
     cornerstone of the liberal trade policy of the United States 
     and are essential to the health of the manufacturing and farm 
     sectors in the United States;
       Whereas it has long been and remains the policy of the 
     United States to support its antidumping and antisubsidy laws 
     and to defend those laws in international negotiations;
       Whereas, under present circumstances, launching a 
     negotiation that includes antidumping and antisubsidy issues 
     would affect the rights of the House and the integrity of its 
     proceedings;
       Wheereas the WTO antidumping and antisubsidy rules 
     concluded in the Uruguay Round have scarcely been tested 
     since they entered into effect and certainly have not proved 
     defective;
       Whereas opening these rules to renegotiation could only 
     lead to weakening them, which would in turn lead to even 
     greater abuse of the world's open markets, particularly that 
     of the United States;
       Whereas conversely, avoiding another divisive fight over 
     these rules is the best way to promote progress on the other, 
     far more important, issues facing WTO members; and
       Whereas it is therefore essential that negotiations on 
     these antidumping and antisubsidy matters not be reopened 
     under the auspices of the WTO or otherwise: Now, therefore, 
     be it
       Resolved, That the House of Representatives calls upon the 
     President--
       (1) not to participate in any international negotiation in 
     which antidumping or antisubsidy rules are part of the 
     negotiating agenda;
       (2) to refrain from submitting for congressional approval 
     agreements that require changes to the current antidumping 
     and countervailing duty laws and enforcement policies of the 
     United States; and
       (3) to enforce the antidumping and countervailing duty laws 
     vigorously in all pending and future cases.

  The SPEAKER pro tempore (Mr. Hansen). The Chair will entertain brief 
argument as to whether the resolution constitutes a question of 
privilege.
  The Chair recognizes the gentleman from West Virginia (Mr. Wise).
  Mr. WISE. Mr. Speaker, this resolution I attempt to bring up calls on 
the President to abstain from renegotiating international agreements 
governing antidumping and countervailing measures.
  The arguments I make are very simple. According to article I, section 
8 of the Constitution, the Congress has the power and the 
responsibility relating to foreign commerce and the conduct of 
international trade negotiations. An important part of Congress' 
participation in the formulation of trade policy is the enactment of 
official negotiating objectives against which completed agreements can 
be measured when presented for ratification.
  This Congress, in 1994, ratified an agenda for the Seattle World 
Trade Organization Ministerial Conference that is about to take place, 
and that agenda included only agricultural trade services, trade, and 
intellectual property protection. The agenda, specifically enacted into 
Federal law as Public Law 103-465, did not include antidumping or 
antisubsidy rules.
  What Congress is concerned about here is that a few countries are 
seeking to circumvent the agreed list of negotiating topics and open 
debate over the WTO's antidumping and antisubsidy rules, most notably 
applied to steel in the past few months. The Congress has not approved 
new negotiations on these----


                         Parliamentary Inquiry

  Mr. KOLBE. Parliamentary inquiry, Mr. Speaker. Is it in order for the 
gentleman to speak beyond the matter of whether or not this is a matter 
of personal privilege?
  Mr. WISE. The Chair asked for arguments, and I am responding to the 
Chair.
  The SPEAKER pro tempore. The debate should be confined to whether or 
not this constitutes a question of privilege under rule IX.
  Mr. WISE. Then I will happily deal directly with the gentleman's 
response. Incidentally, the 10,000 steelworkers who have been laid off 
in this country would like to have this matter brought up, but I will 
deal with the narrow approach that the gentleman requests.
  Section 702 of House rule IX, entitled ``General Principles,'' 
concludes that certain matters of business arising under the 
Constitution, mandatory in nature, have been held to have a privilege 
which supersedes the rules establishing the order of business. And, Mr. 
Speaker, before I was interrupted, I was making those points about 
those rules which cannot be superseded.
  This is a question of the House's constitutional authority and is, 
therefore, privileged in nature. The WTO antidumping and antisubsidy 
rules concluded in the Uruguay Round have scarcely been tested since 
they have been entered into effect and have certainly not been proven 
effective. Opening these rules to negotiation only leads to weakening 
them, which in turn leads to even greater abuse of the world's markets.
  There is precedent for bringing H. Res. 298 out of committee and to 
the House floor immediately. For instance, H. Con. Res. 190 was brought 
to the floor on October 26 under suspension of the rules because it 
concerned the upcoming Seattle Round, and this measure only had 13 
cosponsors, while our comeasure has 228 cosponsors. The majority of 
this House should be heard.
  And, as I point out, thousands of steelworkers from Weirton to 
Wheeling to Follensbee, who have been laid off during the course of 
these antidumping and antisubsidy rules not being effectively applied, 
are saying now to the President, please do not step back and please do 
not weaken them any further. Stand up for workers in this country. That 
is the grounds upon which I assert the privilege.
  The SPEAKER pro tempore. Are there any other Members that want to be 
heard on this point?
  If not, the Chair is prepared to rule on whether the resolution 
offered by the gentleman from West Virginia (Mr. Wise) is a question of 
the privileges of the House under rule IX.

[[Page H11510]]

  The resolution offered by the gentleman from West Virginia calls upon 
the President to address a trade imbalance in the area of imports. 
Specifically, the resolution calls upon the President to refrain from 
participation in certain international negotiations, to refrain from 
submitting certain agreements to the Congress, and to vigorously 
enforce the trade laws.
  As the Chair stated on October 10, 1998, and earlier today, a 
resolution expressing the legislative sentiment that the President 
should take specific action to achieve a desired public policy end does 
not present a question affecting the rights of the House, collectively, 
its safety, dignity, or the integrity of its proceeding within the 
meanings of rule IX. In the opinion of the Chair, the resolution 
offered by the gentleman from West Virginia is purely a legislative 
proposition properly initiated by introduction through the hopper under 
clause 7, rule XII, to be subsequently considered under the normal 
rules of the House.
  Accordingly, the resolution offered by the gentleman from West 
Virginia does not constitute a question of the privileges of the House 
under rule IX, and may not be considered at this time.
  Mr. WISE. Mr. Speaker, I appeal the ruling of the Chair, and ask to 
be heard on the ruling.
  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. Kolbe

  Mr. KOLBE. 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 Arizona (Mr. Kolbe) 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.


                             Recorded Vote

  Mr. WISE. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 216, 
noes 201, not voting 16, as follows:

                             [Roll No. 567]

                               AYES--216

     Aderholt
     Archer
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Biggert
     Bilbray
     Bilirakis
     Bliley
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Brady (TX)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Castle
     Chabot
     Chambliss
     Coble
     Coburn
     Collins
     Combest
     Cook
     Cooksey
     Cox
     Crane
     Cubin
     Cunningham
     Davis (VA)
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ewing
     Fletcher
     Foley
     Fossella
     Fowler
     Franks (NJ)
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Goss
     Graham
     Granger
     Green (WI)
     Greenwood
     Gutknecht
     Hall (TX)
     Hansen
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Isakson
     Jenkins
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Kelly
     King (NY)
     Kingston
     Knollenberg
     Kolbe
     Kuykendall
     LaHood
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lofgren
     Lucas (OK)
     Manzullo
     McCollum
     McCrery
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Moran (VA)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Nussle
     Ose
     Oxley
     Packard
     Paul
     Pease
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Regula
     Reynolds
     Riley
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sanford
     Saxton
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Spence
     Stearns
     Stump
     Sununu
     Sweeney
     Talent
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Toomey
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)

                               NOES--201

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett (WI)
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Forbes
     Ford
     Frank (MA)
     Frost
     Gejdenson
     Gephardt
     Gonzalez
     Goode
     Gordon
     Green (TX)
     Gutierrez
     Hall (OH)
     Hastings (FL)
     Hill (IN)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Hooley
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Klink
     Kucinich
     LaFalce
     Lampson
     Lantos
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lowey
     Lucas (KY)
     Luther
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Pelosi
     Peterson (MN)
     Phelps
     Pickett
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Scott
     Serrano
     Sherman
     Shows
     Sisisky
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Spratt
     Stabenow
     Stenholm
     Strickland
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Vento
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Weygand
     Wise
     Woolsey
     Wu
     Wynn

                             NOT VOTING--16

     Bereuter
     Chenoweth-Hage
     Conyers
     Istook
     Kanjorski
     Kasich
     Larson
     Maloney (CT)
     Meek (FL)
     Norwood
     Payne
     Porter
     Scarborough
     Shays
     Stark
     Stupak

                              {time}  1432

  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________