BARACK OBAMA GROUP: Excellent discussion time, BOG-style: "The 10 BIGGEST LIES You’ve Been Told...

[yallerdawg]

13. "'Fast track' greases the skids."

In the Senate debate today of Trade Promotion Authority (TPA), Orrin Hatch gave a primer on 'fast track.'

Thomas Jefferson said, "Whenever the people are well-informed, they can be trusted with their own government."

From US Senate floor speech (as transcribed at CSPAN.ORG):

THROUGHOUT THE DEBATE SURROUNDING THIS BILL, I'VE HEARD THE TERM "FAST-TRACK" USED QUITE A FEW TIMES. THERE WAS IN FACT A TIME WHEN TRADE PROMOTION AUTHORITY WAS COMMONLY REFERRED TO AS "FAST-TRACK." NOW ONLY T.P.A. OPPONENTS USE THAT TERM. THEY WANT THE AMERICAN PEOPLE TO BELIEVE THAT UNDER T.P.A., TRADE AGREEMENTS COME TO CONGRESS AND ARE PASSED IN THE BLINK OF AN EYE. SOMETIMES THEY USE THE TERM "RUBBER STAMP" AS IF UNDER T.P.A. CONGRESS WIELDING ULTIMATE AUTHORITY OVER A TRADE AGREEMENT, THE POWER TO REJECT IT ENTIRELY IS A MERE ADMINISTRATIVE ACT.

MR. PRESIDENT, THERE IS A REASON THE TERM "FAST-TRACK" ISN'T USED ANYMORE. IT'S BECAUSE THOSE WHO ARE BEING TRULY HONEST KNOW THAT THE PROCESS IS ANYTHING BUT FAST. I THINK IT WOULD BE HELPFUL FOR ME TO WALK THROUGH THE ENTIRE PROCESS THE CONGRESS MUST UNDERTAKE BEFORE RENDERING A FINAL JUDGMENT ON A TRADE AGREEMENT TO SHOW HOW THOROUGHLY THESE AGREEMENTS ARE VETTED BEFORE THEY EVER RECEIVE A VOTE. BEFORE I DO, THOUGH, I WILL NOTE FOR MY COLLEAGUES THAT THIS BILL ADDS MORE TRANSPARENCY, NOTICE, AND CONSULTATION REQUIREMENTS THAN ANY T.P.A. BILL BEFORE IT. THIS BILL GUARANTEES THAT CONGRESS HAS ALL THE INFORMATION WE NEED TO RENDER AN INFORMED UP-OR-DOWN VERDICT ON ANY TRADE AGREEMENT NEGOTIATED USING THE PROCEDURES IN THIS BILL.

MR. PRESIDENT, CONGRESS' OVERSIGHT ON ANY TRADE AGREEMENT BEGINS BEFORE THE NEGOTIATIONS BEGIN. UNDER THIS BILL, THE PRESIDENT NOT ONLY -- MUST NOT ONLY NOTIFY CONGRESS THAT HE IS CONSIDERING ENTERING INTO NEGOTIATIONS WITH OUR TRADING PARTNERS, BUT ALSO WHAT HIS OBJECTIVES FOR THOSE NEGOTIATIONS ARE. SPECIFICALLY, THIS HAS TO HAPPEN THREE MONTHS BEFORE THE PRESIDENT CAN START NEGOTIATING. THAT'S THREE MONTHS FOR CONGRESS TO CONSULT ON AND SHAPE THE NEGOTIATIONS BEFORE THEY EVEN BEGIN. CONGRESS' OVERSIGHT CONTINUES AS THE NEGOTIATIONS ADVANCE.

THIS BILL REQUIRES THE UNITED STATES TRADE REPRESENTATIVE TO CONTINUALLY CONSULT WITH SENATE FINANCE COMMITTEE AND ANY OTHER SENATE COMMITTEE WITH JURISDICTION OVER SUBJECT MATTER POTENTIALLY AFFECTED BY A TRADE AGREEMENT. MOREOVER, USTR, THE U.S. TRADE REPRESENTATIVE, MUST UPON REQUEST MEET WITH ANY MEMBER OF CONGRESS TO CONSULT ON THE NEGOTIATIONS, INCLUDING PROVIDING CLASSIFIED NEGOTIATING TEXT.

THE BILL ALSO ESTABLISHES PANELS TO OVERSEE THE TRADE NEGOTIATIONS. THESE PANELS, THE SENATE ADVISORY GROUP ON NEGOTIATIONS, AND THE DESIGNATED CONGRESSIONAL ADVISORS CONSULT WITH AND ADVISE THE USTR ON THE FORMULATION OF NEGOTIATING POSITIONS AND STRATEGIES. UNDER THE BILL, MEMBERS OF THESE PANELS WOULD BE ACCREDITED ADVISORS TO TRADE NEGOTIATION SESSIONS INVOLVING THE UNITED STATES.

CONGRESSIONAL OVERSIGHT INTENSIFIES AS THE NEGOTIATIONS NEAR CONCLUSION. AT LEAST SIX MONTHS BEFORE THE PRESIDENT SIGNS A TRADE AGREEMENT, HE MUST SUBMIT A REPORT TO CONGRESS DETAILING ANY POTENTIAL CHANGES TO U.S. TRADE REMEDY LAWS.

THEN, THREE MONTHS BEFORE THE PRESIDENT SIGNS A TRADE AGREEMENT, HE MUST NOTIFY CONGRESS THAT HE INTENDS TO DO SO. AT THE SAME TIME, THE PRESIDENT IS REQUIRED TO SUBMIT DETAILS OF THE AGREEMENT TO THE U.S. INTERNATIONAL TRADE COMMISSION. THE I.T.C. IS TASKED WITH PREPARING AN EXTENSIVE REPORT FOR CONGRESS ON THE POTENTIAL COSTS AND BENEFITS THE AGREEMENT WILL HAVE ON THE U.S. ECONOMY, SPECIFIC ECONOMIC SECTORS, AND AMERICAN WORKERS.

I WANT TO FOCUS ON THE NEXT STEP REQUIRED BY THIS BILL BECAUSE IT IS A NEW REQUIREMENT, NEVER BEFORE INCLUDED IN T.P.A. 60 DAYS BEFORE THE PRESIDENT CAN SIGN ANY TRADE AGREEMENT, HE MUST PUBLISH THE FULL TEXT OF THE AGREEMENT ON THE USTR WEB SITE SO THAT THE PUBLIC CAN SEE IT. THIS ENSURES AN UNPRECEDENTED LEVEL OF TRANSPARENCY FOR THE AMERICAN PEOPLE AND GIVES OUR CONSTITUENTS THE MATERIAL AND TIME THEY NEED TO INFORM US OF THEIR VIEWS.

ONLY AFTER THE PRESIDENT HAS MET THESE NOTIFICATION AND CONSULTATION REQUIREMENTS, ONLY AFTER HE HAS PROVIDED THE REQUIRED REPORTS AND ONLY AFTER HE HAS MADE THE AGREEMENT AVAILABLE TO THE AMERICAN PEOPLE MAY HE FINALLY SIGN THE AGREEMENT.

MR. PRESIDENT, THE PROCESS THIS BILL REQUIRES BEFORE AN AGREEMENT IS EVEN SIGNED IS OBVIOUSLY QUITE COMPLEX, FULL OF CHECKS, AND BALANCES. AND PROVIDES UNPRECEDENTED TRANSPARENCY FOR THE AMERICAN PUBLIC.

HOWEVER, ONCE THE PRESIDENT DOES SIGN THE AGREEMENT, HIS OBLIGATIONS CONTINUE.

60 DAYS AFTER SIGNING THE AGREEMENT, THE PRESIDENT MUST PROVIDE CONGRESS A DESCRIPTION OF CHANGES TO U.S. LAW HE CONSIDERS NECESSARY. THIS STEP GIVES CONGRESS TIME TO BEGIN CONSIDERING WHAT WILL BE INCLUDED IN THE LEGISLATION TO IMPLEMENT THE TRADE AGREEMENT. THIS IS ALSO THE TIME WHEN THE FINANCE COMMITTEE HOLDS UP IN HEARINGS ON THE TRADE AGREEMENT IN ORDER TO GATHER THE VIEWS OF THE ADMINISTRATION AND THE PUBLIC.

FOLLOWING THESE HEARINGS, ONE OF THE MOST IMPORTANT STEPS IN THIS ENTIRE PROCESS OCCURS: THE SO-CALLED INFORMAL MARKUP. THE INFORMAL MARKUP IS NOT ALWAYS WELL-UNDERSTOOD SO I WILL TAKE A MOMENT TO DESCRIBE IT. THE INFORMAL MARKUP OCCURS BEFORE THE PRESIDENT FORMALLY SUBMITS THE TRADE AGREEMENT TO CONGRESS. AS WITH ANY MARKUP OF LEGISLATION, THE COMMITTEE REVIEWS AND DISCUSSES THE AGREEMENT AND IMPLEMENTING LEGISLATION, HAS THE OPPORTUNITY TO QUESTION WITNESSES ABOUT THE AGREEMENT, AND CAN AMEND THE LEGISLATION. IN THE EVENT OF AMENDMENTS, THE SENATE CAN PROCEED TO A MOCK CONFERENCE WITH THE HOUSE TO UNIFY THE LEGISLATION. THE PRACTICE OF THE INFORMAL MARKUP PRODUCES OR PROVIDES CONGRESS AN OPPORTUNITY TO CRAFT THE LEGISLATION IMPLEMENTING A TRADE AGREEMENT AS IT SEES FIT AND TO -- AS IT SEES FIT AND TO DIRECT THE PRESIDENT ON THE FINAL PACKAGE TO BE FORMALLY SUBMITTED TO CONGRESS. WHILE THE INFORMAL MARK UPS -- WHILE THE INFORMAL MARKUP IS WELL-ESTABLISHED IN PRACTICES, THIS BILL FOR THE FIRST TIME IN THE HISTORY OF THE T.P.A. SPECIFIES THAT CONGRESS WILL RECEIVE THE MATERIALS IT NEEDS IN TIME TO CONDUCT AN INFORMAL MARKUP. IT REQUIRES 30 DAYS BEFORE THE PRESIDENT FORMALLY SUBMITS A TRADE AGREEMENT TO CONGRESS, HE MUST -- HE OR SHE MUST SUBMIT THE FINAL LEGAL TEXT OF THE AGREEMENT AND A STATEMENT SPECIFYING ANY ADMINISTRATIVE ACTION HE WILL TAKE TO IMPLEMENT THE AGREEMENT. THE BILL, THEREFORE, ENSURES THAT COPPING WILL HAVE ALL THE MATERIALS -- THAT CONGRESS WILL HAVE ALL THE MATERIALS IT NEEDS IN TIME TO CONDUCT A THOROUGH MARKUP. ONLY ON THIS POINT MAY THE PRESIDENT FORMALLY SUBMIT LEGISLATION IMPLEMENTING A TRADE AGREEMENT TO CONGRESS AND ONLY AT THIS POINT DO THE T.P.A. PROCEDURES FIRST ESTABLISHED IN THE TRADE ACT OF 1974 KICK IN.

ONCE A BILL IMPLEMENTING A TRADE AGREEMENT IS FORMALLY SUBMITTED TO CONGRESS, A CLOCK FOR CONSIDERATION OF THAT BILL STARTS. THIS CLOCK GIVES CONGRESS 90 DAYS IN SESSION TO CONSIDER AND VOTE ON THE BILL. AS EVERYONE HERE KNOWS, 90 LEGISLATIVE DAYS TAKES A LOT LONGER THAN 90 CALENDAR DAYS.

MR. PRESIDENT, WHEN I HEAR MY COLLEAGUES TALK ABOUT "FAST-TRACK," I THINK THIS IS WHERE THEY START THE CLOCK. THEY ARE DISREGARDING THE YEARS OF OVERSIGHT AND CONSULTATIONS THAT OCCURRED DURING TRADE NEGOTIATIONS. THEY ARE IGNORING THE MANY MONTHS OF CONGRESSIONAL CONSIDERATION OF TRADE LEGISLATION THAT OCCURS BEFORE THE PRESIDENT EVER FORMALLY SUBMITS THAT LEGISLATION TO CONGRESS. THEY ARE DISCOUNTING THAT BY THAT POINT IN THE PROCESS CONGRESS HAS HELD HEARINGS ON THE AGREEMENT, RECEIVED VIEWS FROM THE PUBLIC, AND EXTENSIVELY REVIEWED THE AGREEMENT AND THE IMPLEMENTING LEGISLATION THROUGH AN INFORMAL MARKUP. CALLING THIS PART OF THE PROCESS "FAST-TRACK" IS LIKE SKIPPING TO THE END OF THE BOOK AND SAYING THE AUTHOR DID NOT DEVELOP THE PLOT.

AS I SAID, EVEN HERE AT THE END OF THE PROCESS, THE BILL PROVIDES MORE THAN THREE MONTHS FOR HEARINGS, COMMITTEE ACTION, FLOOR DEBATE, AND VOTES. SOMETIMES I THINK THAT ONLY A UNITED STATES SENATOR COULD ARGUE THAT MORE THAN THREE MONTHS TO FORMALLY CONSIDER LEGISLATION, LEGISLATION THAT HAS ALREADY BEEN THOROUGHLY DEBATED, VETTED AND REVIEWED, IS MAKING DECISIONS TOO FAST. MR. PRESIDENT, WHEN CONGRESS VOTES ON AN IMPLEMENTING BILL, IT IS ONLY AFTER YEARS OF OVERSIGHT AND MONTHS OF FORMAL REVIEW.

SO I HAVE TO ASK, DOES THIS PROCESS SEEM FAST TO YOU? IF T.P.A. IS NOT FAST, THEN WHAT DOES T.P.A. DO? PUT SIMPLY, T.P.A. GUARANTEES A VOTE. T.P.A. SAYS TO THE WORLD THAT WHEN THEY SIGN AN AGREEMENT WITH THE UNITED STATES, CONGRESS PROMISES TO SAY -- QUOTE -- "YES" -- UNQUOTE OR -- QUOTE -- "NO" -- UNQUOTE IN THAT AGREEMENT AND MOST IMPORTANTLY T.P.A. GUARANTEES THAT CONGRESS WILL HAVE THE INFORMATION AND THE TIME WE NEED TO MAKE THAT DECISION.

WITHOUT T.P.A., WE ARE ESSENTIALLY TELLING THE PRESIDENT TO TRY AND NEGOTIATE THE PRICE OF BUYING A HOUSE AND THEN AFTER BUYING THAT HOME WE ARE ASKING TO RENEGOTIATE WITH THE SELLERS. THIS WOULD BE ABSURD AND ROB AMERICANS OF THE FINANCIAL OPPORTUNITIES, EMPLOYMENT, AND FAIR WORLD MARKETPLACE THEY CAN ONLY GET FROM FREE TRADE AGREEMENTS.