[Congressional Record Volume 150, Number 57 (Thursday, April 29, 2004)]
[Senate]
[Pages S4700-S4702]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORZINE (for himself, Mr. Baucus, Mr. Daschle, and Mr. 
        Lautenberg):
  S. 2372. A bill to amend the Trade Act of 1974 regarding identifying 
trade expansion priorities; to the Committee on Finance.
  Mr. CORZINE. Mr. President, I rise along with several of my 
colleagues, the esteemed Minority Leader, Senator Daschle, the ranking 
member of the Finance Committee, Senator Baucus, and my colleague from 
New Jersey, Senator Lautengerg, to introduce legislation that will 
strengthen trade enforcement efforts, open foreign markets to U.S. 
exports, reduce the trade deficit, create export-based jobs, and 
provide a lift to America's economy.
  This legislation would restore the so-called ``Super 301'' process, a 
tool that has been used by Republican and Democratic administrations to 
expand access for U.S. exporters to foreign markets. Super 301 requires 
the Office of the United States Trade Representative to negotiate with 
foreign countries that have established burdensome trade barriers in 
order to open those markets to U.S. exports. The legislation also 
requires the USTR to identify, and eliminate, the illegal protectionist 
trade barriers that most adversely effect American businesses and 
workers.
  With more than 8 million Americans out of a job, we need to take 
strong action not only to get people back to work, but to get them into 
well-paying jobs. Unfortunately, in recent years, even when unemployed 
Americans have found new jobs, too often they've been forced to take a 
pay cut. That's one reason why so many middle class families are 
feeling the squeeze, and are having such a hard time making ends meet.

[[Page S4701]]

  One of the areas hardest hit by job loss under this administration is 
the manufacturing industry. 2.9 million manufacturing jobs have been 
lost. In many ways, we are witnessing the slow decimation of the U.S. 
manufacturing industry. And the Bush administration has done little 
about it.
  One way to deal with the decline in manufacturing--and the problems 
in our economy, more generally--is to do a better job of enforcing our 
trade agreements. U.S. businesses generally are the best, most 
competitive in the world. But, too often, they're not playing on a 
level playing field. Instead, they're being forced to contend with a 
wide variety of trade barriers that make it difficult or impossible for 
American businesses to compete. The end result is lost opportunities, 
lost jobs, and lost income for American workers.
  Let's be clear. Trade is a good thing for America. And as a global 
leader we must be engaged in the global economy. Trade doesn't just 
help grow our own economy. It helps build the world economy, which, in 
turn, promotes democracy and greater security for everybody. I'm not 
arguing for building walls around the United States. To the contrary, I 
want to tear down protectionist walls that keep U.S. businesses out, 
and that destroy jobs here in our own country.
  The Bush administration likes to advocate for free trade agreements. 
But it's not enough to sign a trade agreement and trust our trade 
partners to honor their end of the deal. Those deals need to be 
complied with. And if they're not, we need to be aggressive in ensuring 
compliance.
  Unfortunately, when it comes to enforcing trade agreements, the Bush 
administration, as Senator Kerry said recently, has been ``asleep at 
the wheel.'' And there's no excuse for it.
  After all, we face a trade deficit of nearly $500 billion, and a 
deteriorating fiscal situation that has led to increasing reliance on 
foreign creditors. Under the circumstances, you would have thought that 
the administration would be doing all it could to address these 
problems. But it's not.
  There's a stark difference between the commitment of this 
administration to enforce trade compared to that of the Clinton 
administration. Between 1995 and 2000, the Clinton administration filed 
an average of 11 cases a year with the World Trade Organization to 
battle foreign protectionism. By contrast, the Bush administration has 
filed only 3 per year.
  The White House also has repeatedly refused to respond when the 
bipartisan International Trade Commission has recommended remedies for 
U.S. businesses facing floods of imports from China--even when the ITC 
rulings have been unanimous. The President's determination to overrule 
the ITC has had a dramatic impact on many small businesses, including 
some in my State of New Jersey.
  The administration also continues to sit idly by while China, and 
other Asian countries, manipulate their currency, to the detriment of 
U.S. exporters.
  The administration's refusal to enforce our trade agreements, and the 
passive approach they have taken to problems like Asian currency 
manipulation, helps explain why we're now facing such massive trade 
deficits. In fact, the Bush administration is the first since the 
Hoover administration to preside over a decline in real exports.
  Again, what we need is a commitment to let U.S. businesses compete on 
a level playing field. That is why we need to reestablish the Super 301 
process.
  Super 301 may sound like a technical legal mechanism. But it would 
help open up new markets, boost our economy, strengthen our export-
based manufacturing sector, help reduce our trade deficit, and create 
new, well-paying domestic export-based jobs here in America.
  Under the legislation, the USTR would, within 30 days of the release 
of the National Trade Estimate, submit a Super 301 report to Congress, 
listing the foreign trade barriers that most adversely affect U.S. 
exports.
  Within 21 days of submitting the report, the USTR would be required 
to seek consultations with each trading partner identified in the 
report in order to resolve the issue. If consultations do not succeed 
in eliminating the trade barriers within 90 days, USTR would be 
required to take action that could lead to sanctions either by the U.S. 
or, ultimately, by the WTO.
  As I said earlier, Super 301 is not new. It was signed into law by 
President Reagan, and renewed throughout the '90s by President Clinton. 
It was a tool that worked. The threat alone of being on the Super 301 
list has, and will, force countries who have erected barriers to U.S. 
exports come to the table.
  Some will argue that this is protectionism. Some will argue that it's 
unilateralism. In fact, it's the opposite. It's intended to protect 
U.S. businesses and workers from protectionist foreign trade barriers--
to knock down walls, not erect them. It's intended to encourage our 
trade representatives to engage in a constructive dialogue with those 
who have erected barriers to U.S. products. It equips the 
administration with a needed tool to fight for the rights of American 
workers and businesses against those countries who are unwilling to 
remove those barriers.
  In a word, Super 301 would make trade more fair. And when trade is 
more fair--when U.S. companies are playing on a level playing field--
Americans win. American workers win. And when America's workers win, 
America's economy wins.
  It is my ardent hope that we can get this much needed bill passed, 
and I urge my colleagues to give it their support. I ask unanimous 
consent that the text of the Super 301 Restoration Act be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2372

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. IDENTIFICATION OF TRADE EXPANSION PRIORITIES.

       Section 310 of the Trade Act of 1974 is amended to read as 
     follows:

     ``SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIORITIES.

       ``(a) Identification.--
       ``(1) Identification and report.--Within 30 days after the 
     submission in each of calendar year 2005 through 2009 of the 
     report required by section 181(b), the Trade Representative 
     shall--
       ``(A) review United States trade expansion priorities;
       ``(B) identify priority foreign country practices, the 
     elimination of which is likely to have the most significant 
     potential to increase United States exports, either directly 
     or through the establishment of a beneficial precedent; and
       ``(C) submit to the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives and publish in the Federal Register a report 
     on the priority foreign country practices identified.
       ``(2) Factors.--In identifying priority foreign country 
     practices under paragraph (1), the Trade Representative shall 
     take into account all relevant factors, including--
       ``(A) the major barriers and trade distorting practices 
     described in the National Trade Estimate Report required 
     under section 181(b);
       ``(B) the trade agreements to which a foreign country is a 
     party and its compliance with those agreements;
       ``(C) the medium- and long-term implications of foreign 
     government procurement plans; and
       ``(D) the international competitive position and export 
     potential of United States products and services.
       ``(3) Contents of report.--The Trade Representative may 
     include in the report, if appropriate--
       ``(A) a description of foreign country practices that may 
     in the future warrant identification as priority foreign 
     country practices; and
       ``(B) a statement about other foreign country practices 
     that were not identified because they are already being 
     addressed by provisions of United States trade law, by 
     existing bilateral trade agreements, or as part of trade 
     negotiations with other countries and progress is being made 
     toward the elimination of such practices.
       ``(b) Initiation of Consultations.--By no later than the 
     date that is 21 days after the date on which a report is 
     submitted to the appropriate congressional committees under 
     subsection (a)(1), the Trade Representative shall seek 
     consultations with each foreign country identified in the 
     report as engaging in priority foreign country practices for 
     the purpose of reaching a satisfactory resolution of such 
     priority practices.
       ``(c) Initiation of Investigation.--If a satisfactory 
     resolution of priority foreign country practices has not been 
     reached under subsection (b) within 90 days after the date on 
     which a report is submitted to the appropriate congressional 
     committees under subsection (a)(1), the Trade Representative 
     shall

[[Page S4702]]

     initiate under section 302(b)(1) an investigation under this 
     chapter with respect to such priority foreign country 
     practices.
       ``(d) Agreements for the Elimination of Barriers.--In the 
     consultations with a foreign country that the Trade 
     Representative is required to request under section 303(a) 
     with respect to an investigation initiated by reason of 
     subsection (c), the Trade Representative shall seek to 
     negotiate an agreement that provides for the elimination of 
     the practices that are the subject of the investigation as 
     quickly as possible or, if elimination of the practices is 
     not feasible, an agreement that provides for compensatory 
     trade benefits.
       ``(e) Reports.--The Trade Representative shall include in 
     the semiannual report required by section 309 a report on the 
     status of any investigations initiated pursuant to subsection 
     (c) and, where appropriate, the extent to which such 
     investigations have led to increased opportunities for the 
     export of products and services of the United States.''.
                                 ______