[Congressional Record Volume 145, Number 154 (Thursday, November 4, 1999)]
[House]
[Pages H11510-H11513]
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 LAWS AND 
                        COUNTERVAILING MEASURES

  Mr. KUCINICH. 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 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 built-in agenda for future WTO negotiations, 
     which was set out in the Uruguay Round package ratified by 
     Congress in 1994, includes agriculture trade, services trade, 
     and intellectual property protection but does not include 
     antidumping or antisubsidy rules;
       Whereas the Congress has not approved new negotiations or 
     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;

[[Page H11511]]

       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 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;
       Whereas the current absence of official negotiating 
     objectives on the statute books must not be allowed to 
     undermine the Congress' constitutional role in charting the 
     direction of United States trade policy.
       Whereas 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 renegotiations on 
     these antidumping and antisubsidy matters not be reopened 
     under the auspicies 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 a 
brief argument as to whether the resolution constitutes a question of 
privilege. Let me caution the Members, debate should be limited to the 
question of order, and may not go to the merits of the proposition 
being considered.
  The Chair recognizes the gentleman from Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Speaker, this resolution has privilege because only 
the House has the authority to alter existing revenue provisions. 
Allowing the administration to negotiate antidumping and countervailing 
duty laws would further diminish the loss of the constitutional power 
the House has suffered over time. Under article 1, section 7 of the 
Constitution, the House of Representatives has the authority to 
originate revenue provisions, not the Senate, the administration or the 
U.S. trade representative. By not giving the administration the clear 
message that Congress has antidumping and countervailing duty laws, 
that those laws are not to be placed on the table for negotiations, we 
are essentially allowing the administration to act on authority it does 
not have.
  Furthermore, 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 superseded the rules establishing the order of business. 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 
entered into effect and certainly have not proved effective. Opening 
these rules to renegotiation could only lead to weakening them which in 
turn leads to even greater abuse of the world's open markets, 
particularly that of the United States.
  There is a precedent, Mr. Speaker, for bringing H. Res. 298 out of 
committee and onto 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. This measure had 
only 13 cosponsors, while H. Res. 298 has 228 cosponsors. The majority 
of the House should be heard.
  The SPEAKER pro tempore. The Chair recognizes the gentleman from Ohio 
(Mr. Traficant).
  Mr. TRAFICANT. Mr. Speaker, I, too, have a privileged motion. I will 
not be offering mine nor asking for a vote. But I want to take 30 
seconds with the Congress. The Congress is allowing trade practices to 
endanger America. Illegal trade cannot be tolerated, and the purpose of 
these exercises is to make sure the administration and Congress looks 
at those.
  The SPEAKER pro tempore. The Chair recognizes the gentlewoman from 
Ohio (Ms. Kaptur).
  Ms. KAPTUR. Mr. Speaker, I would like to rise in support of the 
resolution and to say that I would merely beg the leadership to allow 
this vote to occur, because over 228 of our Members have asked for it. 
I think to bottle this up and not allow a vote is truly not in the best 
spirit of this House when in fact the Constitution provides that trade-
making authority rests in the House, in the Congress, and all revenue 
measures begin here in the House. With what is going to happen at the 
end of the month in Seattle and the beginning of December, we want to 
send a strong message to our trade negotiators, we do not want them 
opening up the antidumping and countervailing duty provisions of our 
trade laws.
  No industry in this country has suffered more than the steel industry 
and been forced to restructure. It has the most modern production in 
the world. Yet we continue to lose thousands and thousands of jobs, 
even over this last year. It is absolutely essential that our 
negotiators hear this, and it is not the executive branch's 
responsibility, it is our responsibility to enforce the laws that we 
pass. And so we ask and beg of the leadership of this institution, 
please allow us to bring up this resolution which allows us to instruct 
our negotiators as the Constitution intended. There are 228 Members of 
this institution that want to be allowed to be given voice and this 
resolution brought to the floor. I rise in strong support of the 
resolution.
  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Pennsylvania (Mr. Doyle).
  Mr. DOYLE. Mr. Speaker, I also have a privileged resolution which I 
will not offer and will not ask for a vote on, but I do want to speak 
in support of the resolution.
  Mr. Speaker, denying a vote on this resolution denies the will of the 
majority of this House. A majority of Members on both side of the 
aisle, 228, are cosponsors of this legislation. This resolution is 
intended to respond to a negotiating ploy by Japan and a few other 
countries. These countries are trying to jump-start negotiations on the 
antidumping and countervailing duty laws mostly as a negotiating 
tactic.

                              {time}  1445

  Japan would like the world to forget about their closed 
telecommunications, financial services and agricultural markets by 
raising false issues about unfair trade remedies. Failing to pass this 
resolution supports the trade objectives of Japan and not the trade 
objectives of the United States.
  Mr. Speaker, I am in strong support of this privileged resolution, 
and ask that we be allowed to have a vote on it.
  The SPEAKER pro tempore (Mr. Hansen). Does the gentleman from 
Pennsylvania (Mr. Klink) wish to be heard on this issue?
  Mr. KLINK. Yes, Mr. Speaker, I do.
  The SPEAKER pro tempore. The gentleman is recognized.
  Mr. KLINK. Mr. Speaker, I also have a privileged resolution, which I 
will not insist on calling up, instead speaking on behalf of this 
resolution instead.
  Mr. Speaker, I would recommend to the Members the rules of the House 
of Representatives, which says the privileges of the House as 
distinguished from that of the individual Member include questions 
relating to its constitutional prerogatives in respect to revenue 
legislation and appropriations, and it goes on to other sorts of 
things.
  Furthermore, in Section 664 of rule IX, entitled ``General 
Principles,'' as to the precedent of question of privilege, it states 
``as the business of the House began to increase, it was found 
necessary to give certain important matters a precedent by rule. Such 
matters were called privileged questions.''
  Section 664 goes on saying, ``certain matters of business arising 
under the constitutional mandatory in nature have been held to have 
privilege, which has superseded the rules established in the regular 
order of business.''
  I would say, Mr. Speaker, if you read the Constitution, under article 
I, section 7, all bills for raising revenues shall originate in the 
House of Representatives, but the Senate may propose or concur with 
amendments as on other bills.

[[Page H11512]]

  Clearly what we are talking about with this trade and the 
countervailing duties and the antidumping is that there are tariffs 
that are levied. That is the raising of revenue. That is the privilege 
of the House of Representatives, not of the Senate, not of the 
administration, not of the trade ambassador; but it is the privilege of 
this House of Representatives.
  When these dump products are levied, a tariff is put on them, those 
tariffs are revenue raisers, they are paid directly to the U.S. 
Treasury; and by us allowing negotiations to be weakened and our trade 
laws weakened to let in more dump product, the House would be turning 
over the power to the executive branch given exclusively to us under 
the Constitution.
  Now, this resolution has privilege because only the House has the 
authority to alter existing revenue provisions. Allowing the 
administration to negotiate these issues is the House giving that 
constitutional duty up.
  In addition, I would recommend as great reading to the Members 
article I, section 8 of the Constitution. ``The Congress shall have 
power to lay and collect taxes, duties, imposts and excises to pay the 
debts and provide for the common defense and general welfare of the 
United States; but all duties, imposes and excises shall be uniform 
throughout the Nation. The Congress also shall regulate commerce with 
foreign nations and among the several states and with the Indian 
tribes.''
  What we are talking about here is not only the revenue that is taken, 
but it is trade policy. An important part of Congress' participation in 
the formulation of trade policy is the enactment of official 
negotiating objectives against which completed agreements can then be 
measured for their ratification.
  Congress exercised that power back in 1994 when we ratified the 
agenda for the Seattle WTO Ministerial, which included agricultural 
trade; it included 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.
  Congress is concerned that a few countries are seeking to circumvent 
the agreed list of negotiated topics and reopen debate over the WTO's 
antidumping and antisubsidy rules. The current absence of official 
negotiating objectives on the statute books must not be allowed to 
undermine what is the House of Representatives' constitutional 
district. We have a constitutional role, and it is, under the rules of 
this House, our extraordinary power to step in and make sure that is 
not taken away from us by the administration, by the trade 
representatives, or by anyone else.
  Mr. Speaker, if that is not a point of privilege of this House, then 
none exists.
  The SPEAKER pro tempore. Does anyone else wish to be heard on this 
issue?
  If not, the Chair is prepared to rule.
  Because the arguments raised here were addressed in the Chair's 
ruling of October 10, 1998, for the reasons stated in the Chair's 
previous rulings, the resolution offered by the gentleman from Ohio 
(Mr. Kucinich) does not constitute a question of the privileges of the 
House under rule IX and may not be considered at this time.
  Mr. KUCINICH. Mr. Speaker, I appeal the ruling of the Chair, and ask 
to be heard on the appeal.
  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 of 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. KUCINICH. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 214, 
noes 204, not voting 15, as follows:

                             [Roll No. 568]

                               AYES--214

     Aderholt
     Archer
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     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
     Chenoweth-Hage
     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
     Graham
     Granger
     Green (WI)
     Greenwood
     Gutknecht
     Hall (TX)
     Hansen
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill (MT)
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hutchinson
     Hyde
     Isakson
     Istook
     Jenkins
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Kasich
     Kelly
     King (NY)
     Kingston
     Knollenberg
     Kolbe
     Kuykendall
     LaHood
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCollum
     McCrery
     McHugh
     McInnis
     McIntosh
     McKeon
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Nussle
     Ose
     Oxley
     Packard
     Paul
     Pease
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Quinn
     Ramstad
     Regula
     Reynolds
     Riley
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Salmon
     Sanford
     Saxton
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     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--204

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett (WI)
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     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
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Minge
     Mink
     Moakley
     Mollohan
     Moore
     Moran (VA)
     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
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Scott
     Serrano
     Sherman
     Shows
     Sisisky
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Spratt
     Stabenow
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Traficant
     Turner
     Udall (NM)
     Velazquez
     Vento
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Weygand
     Wise
     Woolsey
     Wu
     Wynn

                             NOT VOTING--15

     Barrett (NE)
     Bereuter
     Boucher
     Dixon
     Goss
     Hunter
     Kanjorski
     Larson
     Metcalf

[[Page H11513]]


     Norwood
     Payne
     Radanovich
     Sabo
     Scarborough
     Udall (CO)

                              {time}  1510

  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.

                          ____________________