[Congressional Record Volume 149, Number 127 (Tuesday, September 16, 2003)]
[Senate]
[Pages S11577-S11579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE CONCURRENT RESOLUTION 69--PROVIDING THAT ANY AGREEMENT RELATING 
TO TRADE AND INVESTMENT THAT IS NEGOTIATED BY THE EXECUTIVE BRANCH WITH 
       OTHER COUNTRIES MUST COMPLY WITH CERTAIN MINIMUM STANDARDS

  Mr. FEINGOLD submitted the following concurrent resolution; which was 
referred to the Committee on Finance:

                            S. Con. Res. 69

       Whereas there is general consensus among the American 
     public and the global community that, with respect to 
     international trade and investment rules--
       (1) global environmental, labor, health, food security, and 
     other public interest standards must be strengthened to 
     prevent a global ``race to the bottom'';
       (2) domestic environmental, labor, health, food security, 
     and other public interest standards and policies must not be 
     undermined, including those based on the use of the 
     precautionary principle, the internationally recognized legal 
     principle which holds that, when there is scientific 
     uncertainty regarding the potential adverse effects of an 
     action or a product or technology, governments should act in 
     a way that minimizes the risk of harm to human health and the 
     environment;
       (3) provision and regulation of public services such as 
     education, health care, transportation, energy, water, and 
     other utilities are basic functions of democratic government 
     and must not be undermined;
       (4) raising standards in developing countries requires 
     additional assistance and respect for diversity of policies 
     and priorities;
       (5) countries must be allowed to design and implement 
     policies to sustain family farms and achieve food security;
       (6) healthy national economies are essential to a healthy 
     global economy, and the right of governments to pursue 
     policies to maintain and create jobs must be upheld;
       (7) the right of State and local and comparable regional 
     governments of all countries to create and enforce diverse 
     policies must be safeguarded from imposed downward 
     harmonization; and
       (8) rules for the global economy must be developed and 
     implemented democratically and with transparency and 
     accountability; and
       Whereas many international trade and investment agreements 
     in existence and currently being negotiated do not serve 
     these interests, and have caused substantial harm to the 
     health and well-being of communities in the United States and 
     within countries that are trading partners of the United 
     States: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That any agreement relating to trade and 
     investment that is negotiated by the executive branch with 
     other countries should comply with the following:
       (1) Regarding investor and investment policy.--No such 
     agreement that includes provisions relating to foreign 
     investment may permit foreign investors to challenge or seek 
     compensation because of a measure of a government at the 
     national, State, or local level that protects the public 
     interest, including, but not limited to, public health, 
     safety, and welfare, the environment, and worker protections, 
     unless a foreign investor demonstrates that the measure was 
     enacted or applied primarily for the purpose of 
     discriminating against foreign investors or investments.
       (2) Regarding services.--Any such agreement, to the extent 
     applicable, shall comply with the following:
       (A)(i) The agreement may not discipline government measures 
     relating to--
       (I) public services, including public services for which 
     the government is not the sole provider;
       (II) services that require extensive regulation;
       (III) essential human services; and
       (IV) services that have an essentially social component.
       (ii) The services described in subclauses (I) through (IV) 
     of clause (i) include, but are not limited to, public benefit 
     programs, health care, health insurance, public health, child 
     care, education and training, the distribution of controlled 
     substances and products, including alcohol and tobacco and 
     firearms, research and development on natural and social 
     sciences, utilities including energy utilities, water, waste 
     disposal and sanitation, national security, maritime, air, 
     surface, and other transportation services, postal services, 
     energy extraction and related services, and correctional 
     services.
       (B) The agreement shall permit countries that have made 
     commitments in areas covered in subparagraph (A) to revise 
     those commitments for the purposes of public interest 
     regulation without financial or other trade-related 
     penalties.
       (C) The agreement shall ensure that rules on subsidies and 
     government procurement fully protect the ability of 
     governments to support and purchase services in ways that 
     promote economic development, social justice and equity, 
     public health, environmental quality, and human and workers' 
     rights.
       (D) The agreement shall make no new commitments on the 
     temporary entry of workers because such policies should be 
     determined by the Congress, after consideration by the 
     congressional committees with jurisdiction over immigration 
     to avoid an array of inconsistent policies and policies which 
     fail to--
       (i) include labor market tests that ensure that the 
     employment of such temporary workers will not adversely 
     affect other similarly employed workers;
       (ii) involve labor unions in the labor certification 
     process implemented under the immigration program for 
     temporary workers under section 101(a)(15)(H)(i) of the 
     Immigration and Nationality Act, including the filing by an 
     employer of an application under section 212(n)(1) of that 
     Act; and
       (iii) guarantee the same workplace protections for 
     temporary workers that are available to all workers.
       (E) The agreement shall guarantee that all governments that 
     are parties to the agreement can regulate foreign investors 
     in services and other service providers in order to protect 
     public health and safety, consumers, the environment, and 
     workers' rights, without requiring the governments to 
     establish their regulations to be the least burdensome option 
     for foreign service providers.
       (3) Regarding policies to support american workers and 
     small, minority, and women-owned businesses.--Any such 
     agreement shall preserve the right of Federal, State, and 
     local governments to maintain or establish policies to 
     support American workers and small, minority, or women-owned 
     businesses, including, but not limited to, policies with 
     respect to government procurement, loans, and subsidies.
       (4) Regarding environmental, labor, and other public 
     interest standards.--Any such agreement--
       (A) may not supersede the rights and obligations of parties 
     under multilateral environmental, labor, and human rights 
     agreements; and
       (B) shall, to the extent applicable, include commitments, 
     subject to binding enforcement on the same terms as 
     commercial provisions--
       (i) to adhere to specified workers' rights and 
     environmental standards;
       (ii) not to diminish or fail to enforce existing domestic 
     labor and environmental provisions; and
       (iii) to abide by the core labor standards of the 
     International Labor Organization (ILO).
       (5) Regarding united states trade laws.--No such agreement 
     may--
       (A) contain a provision which modifies or amends, or 
     requires a modification of or an amendment to, any law of the 
     United States that provides to United States businesses or 
     workers safeguards from unfair foreign trade practices, 
     including any law providing for--
       (i) the imposition of countervailing or antidumping duties;

[[Page S11578]]

       (ii) protection from unfair methods of competition or 
     unfair acts in the importation of articles;
       (iii) relief from injury caused by import competition;
       (iv) relief from unfair trade practices; or
       (v) the imposition of import restrictions to protect the 
     national security; or
       (B) weaken the existing terms of the Agreement on 
     Implementation of Article VI of the General Agreement on 
     Tariffs and Trade 1994, or the Agreement on Subsidies and 
     Countervailing Measures, of the World Trade Organization, 
     including through the domestic implementation of rulings of 
     dispute settlement bodies.
       (6) Regarding food safety.--No such agreement may--
       (A) restrict the ability of the United States to ensure 
     that food products entering the United States are rigorously 
     inspected to establish that they meet all food safety 
     standards in the United States, including inspection 
     standards;
       (B) force acceptance of different food safety standards as 
     ``equivalent'', or require international harmonization of 
     food safety standards, which undermine the level of human 
     health protection provided under domestic law; or
       (C) restrict the ability of governments to enact policies 
     to guarantee the right of consumers to know where and how 
     their food is produced.
       (7) Regarding agriculture and food security.--No such 
     agreement may, with respect to food and other agricultural 
     commodities--
       (A) contain provisions that prevent countries from--
       (i) establishing domestic and global reserves,
       (ii) managing supply,
       (iii) enforcing antidumping disciplines,
       (iv) ensuring fair market prices, or
       (v) vigorously enforcing antitrust laws,

     in order to guarantee competitive markets for family farmers; 
     or
       (B) prevent countries from developing the necessary 
     sanitary and phytosanitary standards to prevent the 
     introduction of pathogens or other potentially invasive 
     species which may adversely affect agriculture, human health, 
     or the environment.
       (8) Regarding transparency.--(A) The process of negotiating 
     any such agreement must be open and transparent, including 
     through--
       (i) prompt and regular disclosure of full negotiating 
     texts; and
       (ii) prompt and regular disclosure of negotiating positions 
     of the United States.
       (B) In negotiating any such agreement, any request or offer 
     relating to investment, procurement, or trade in services 
     must be made public within 10 days after its submission if 
     such request or offer--
       (i) proposes specific Federal, State, and local laws and 
     regulations in the United States to be changed, eliminated, 
     or scheduled under such an agreement, including, but not 
     limited to, subsidies, tax rules, procurement rules, 
     professional standards, and rules on temporary entry of 
     persons;
       (ii) proposes for coverage under such an agreement--
       (I) specific essential public services, including, but not 
     limited to, public benefits programs, health care, education, 
     national security, sanitation, water, energy, and other 
     utilities; or
       (II) private service sectors that require extensive 
     regulation or have an inherently social component, including, 
     but not limited to, maritime, air transport, trucking, and 
     other transportation services, postal services, utilities 
     such as water, energy, and sanitation, corrections, education 
     and childcare, and health care; or
       (iii) proposes a discipline or process of general 
     application which may interfere with the ability of the 
     United States or State, local, or tribal governments to 
     adopt, implement, or enforce laws and regulations identified 
     in clause (i) or provide or regulate services identified in 
     clause (ii).
       (C) The broad array of constituencies representing the 
     majority of the people of the United States, including labor 
     unions, environmental organizations, consumer groups, family 
     farm groups, public health advocates, faith-based 
     organizations, and civil rights groups, must have at least 
     the same representation on trade advisory committees and 
     access to trade negotiators and negotiating fora as those 
     constituencies representing commercial interests.
       (D) Any dispute resolution mechanism established in any 
     such agreement must be open and transparent, including 
     through disclosure to the public of documents and access to 
     hearings, and must permit participation by nonparties through 
     the filing of amicus briefs, as well as provide for standing 
     for State and local governments as intervenors.
       (9) Regarding governmental authority.--No such agreement 
     may contain provisions that bind national, State, local, or 
     comparable regional governments to limiting regulatory, 
     taxation, spending, or procurement authority without an 
     opportunity for public review and comment described in 
     paragraph (8), and without the explicit, informed consent of 
     the national, State, local, or comparable regional 
     legislative body concerned, through such means as is decided 
     by such legislative body.
       (10) Regarding access to medicines and seeds.--(A) No such 
     agreement may contain provisions that prevent countries from 
     taking measures to protect public health by ensuring access 
     to medicines.
       (B) No such agreement may constrain the rights of farmers 
     to save, use, exchange, or sell farm-saved seeds and other 
     publicly available seed varieties.
       (11) Regarding developing countries.--Any such agreement 
     must grant special and differential treatment for developing 
     countries with regard to the timeframe for implementation of 
     the agreement as well as other concerns.

  Mr. FEINGOLD. Mr. President, I am pleased to submit legislation to 
establish some minimum standards for the trade agreements into which 
our Nation enters. This measure is a companion to H. Con. Res. 276, a 
resolution introduced in the other body by my colleague from Ohio, (Mr. 
Brown).
  The record of the major trade agreements into which our Nation has 
entered over the past few years has been dismal. Thanks in great part 
to the flawed fast track rules that govern consideration of legislation 
implementing trade agreements, the United States has entered into a 
number of trade agreements that have contributed to the significant job 
loss we have seen in recent years, and have laid open to assault 
various laws and regulations established to protect workers, the 
environment, and our health and safety. Indeed, those agreements 
undermine the very democratic institutions through which we govern 
ourselves.
  The loss of jobs, especially manufacturing jobs, to other countries 
has been devastating to Wisconsin, and to the entire country. When I 
opposed the North American Free Trade Agreement, the Uruguay round of 
the General Agreement on Tariffs and Trade, Permanent Normal Trade 
Relations for China, and other flawed trade measures, I did so in great 
part because I believed they would lead to a significant loss of jobs. 
But even as an opponent of those agreements, I don't think I could have 
imagined just how bad things would get in so short a time.
  The trade policy of this country over the past several years has been 
appalling. The trade agreements into which we have entered have 
contributed to the loss of key employers, ravaging entire communities. 
But despite that clear evidence, we continue to see trade agreements 
being reached that will only aggravate this problem.
  This has to stop. We cannot afford to pursue trade policies that gut 
our manufacturing sector and send good jobs overseas. We cannot afford 
to undermine the protections we have established for workers, the 
environment, and our public health and safety. And we cannot afford to 
squander our democratic heritage by entering into trade agreements that 
supercede our right to govern ourselves through open, democratic 
institutions.
  The legislation I submit today sets forth principles for future trade 
agreements. It is a break with the so-called NAFTA model, and instead 
advocates the kinds of sound trade policies that will spur economic 
growth and sustainable development.
  The principles set forth in this resolution are not complex. They are 
straightforward and achievable. The resolution calls for enforceable 
worker protections, including the core International Labor Organization 
standards.
  It preserves the ability of the United States to enact and enforce 
its own trade laws.
  It protects foreign investors, but states that foreign investors 
should not be provided with greater rights than those provided under 
U.S. law, and it protects public interest laws from challenge by 
foreign investors in secret tribunals.
  It ensures that food entering into our country meets domestic food 
safety standards.
  It preserves the ability of Federal, State, and local governments to 
maintain essential public services and to regulate private sector 
services in the public interest.
  It requires that trade agreements contain environmental provisions 
subject to the same enforcement as commercial provisions.
  It preserves the right of Federal, State, and local governments to 
use procurement as a policy tool, including through Buy American laws, 
environmental laws such as recycled content, and purchasing preferences 
for small, minority, or women-owned businesses.
  It requires that trade negotiations and the implementation of trade 
agreements be conducted openly.
  These are sensible policies. They are entirely consistent with the 
goal of increased international commerce, and in fact they advance that 
goal.

[[Page S11579]]

  The outgrowth of the major trade agreements I referenced earlier has 
been a race to the bottom in labor standards, environmental standards, 
health and safety standards, in nearly every aspect of our economy. A 
race to the bottom is a race in which even the winners lose.
  We need to turn our trade policies around. We need to pursue trade 
agreements that will promote sustainable economic growth for our Nation 
and for our trading partners. The resolution I submit today will begin 
to put us on that path, and I urge my colleagues to support it.

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