[Congressional Record Volume 147, Number 177 (Wednesday, December 19, 2001)]
[Senate]
[Pages S13690-S13691]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            HOLD ON S. 1803

  Mr. GRASSLEY. Mr. President, in keeping with my policy on public 
disclosure of holds, today I placed a hold on further action on S. 
1803, legislation reported out by the Senate Foreign Relations 
Committee to authorize appropriations under the Arms Export Control Act 
and the Foreign Assistance Act of 1961.
  I am particularly concerned with Section 602 of this legislation.
  Section 602(a) expresses the sense of Congress that the United States 
Trade Representative should seek to ensure that Free Trade Agreements 
are accompanied by specific commitments relating to nonproliferation 
and export controls.
  Section 602(b) specifically directs the United States Trade 
Representative to ensure that any Free Trade Agreement with Singapore 
contains or is accompanied by a variety of specific nonproliferation 
and export control commitments.
  Both of these matters--what sort of commitments Free Trade Agreements 
should contain, and specific negotiating instructions to USTR relating 
to the United States-Singapore FTA negotiations--are matters under the 
jurisdiction of the Senate Finance Committee.
  Apart from the fact that Section 602 deals with matters that pertain 
to the jurisdiction of the Finance Committee, I have an additional 
practical concern as well.
  According to the Trade Act of 1974, the United States Trade 
Representative is required to consult with and report to Members of the 
Senate Finance Committee and the House Committee on Ways and Means on 
the status of trade negotiations. This includes ongoing negotiations, 
like the US-Singapore FTA talks, and future FTAs in general.
  If enacted into law, Section 602 would likely result in a confusing 
situation in which the Senate Foreign Relations Committee is advancing 
negotiating instructions to USTR on behalf of Congress, even though the 
oversight responsibility for such negotiations lies with the Finance 
Committee. USTR would have to consult with the Finance Committee about 
its implementation of negotiating instructions developed by the Foreign 
Relations Committee, instructions Finance Committee Members had no role 
in developing, and are not familiar with.
  As far as I know, no Member of the Finance Committee has even seen 
Section 602 before.

[[Page S13691]]

  Just a few days ago, the Finance Committee approved a bipartisan 
Trade Promotion Authority bill by a vote of 18-3. This bill contains 
specific and detailed negotiating instructions relating to 
multilateral, regional, and bilateral trade negotiations. The issues 
raised in Section 602, especially those framed as negotiating 
instructions, should have been considered by the Finance Committee in 
the context of the mark-up of TPA legislation, not on the floor in the 
context of legislation authorizing appropriations under the Arms Export 
Control Act.
  For these reasons, Mr. President, I will continue to hold this 
legislation until the concerns I have raised here are addressed.

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