[Congressional Record Volume 161, Number 87 (Tuesday, June 2, 2015)]
[House]
[Pages H3700-H3755]
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT,
2016
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Amendment Offered by Mr. Grayson
Mr. GRAYSON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Sec. __. None of the finds made available by this Act may
be used to negotiate or enter into a trade agreement whose
negotiating texts are confidential. The limitation described
in this section shall not apply in the case of the
administration of a tax or tariff.
The Acting CHAIR. Pursuant to House Resolution 287, the gentleman
from Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. GRAYSON. Mr. Chairman, this amendment is akin to an amendment
that was considered just a few moments ago offered by Mr. Meadows. This
amendment is meant to address a problem that has arisen with trade
agreements that has become visible to all of us as Members of this
august body.
What has happened is that the Trade Representative, for no apparent
legal reason, with no apparent legal authority, has taken it upon
himself to negotiate trade agreements like the Trans-Pacific
Partnership in secret--not entirely in secret, just in secret from us
and from members of the American public.
The corresponding provision, the TTIP provision, has been posted by
the European Union, which is our negotiating partner in this on the
Internet.
The Trans-Pacific Partnership itself has been negotiated in secret,
but that has been posted by WikiLeaks, to the embarrassment of our
government in an unnecessary manner.
What we have seen over the past several years is that the Trade
Representative has turned a deaf ear to our concerns as Members of
Congress who must perform our oversight functions whenever we ask for
information about what the Trade Representative is doing on behalf of
the American people.
Three years ago, we had the strange circumstance come up that over
100 Members of Congress, 100 Members of this body, wrote a letter to
the Trade Representative saying: We hear you are negotiating something
called the Trans-Pacific Partnership. Would you please give us a copy?
And the answer came back: No. We are not going to give you a copy.
For the past 5 years, the Trans-Pacific Partnership has been
negotiated in secret. Only in the last few months, Members of Congress
have been able to see it under the most extreme conditions imaginable.
I was actually the first person to be able to see it, and the Trade
Representative came to my office with his staff and offered to show it
to me, but I couldn't take any notes.
{time} 0030
I couldn't discuss it with my own staff. I couldn't even discuss it
with other Members of this body. And of course I couldn't make copies
or otherwise help myself to record what I had seen, much less speak to
my constituents about it, much less speak to the media about it, much
less speak to the public about it.
Respectfully, secret laws are un-American laws; secret agreements are
un-American agreements. There is no such thing recognized under our
Constitution as a ``secret statute'' or a ``secret treaty.'' But that
is, in effect, what we have been experiencing without any legal
authority whatsoever on behalf of the Trade Representative.
Now, I am not saying the Trade Representative needs to stop
negotiating these agreements; not at all. What I am suggesting is that
we lift the veil of secrecy that has been dropped over these
negotiations so that we can't see them, the American people can't see
them, but foreign governments can see them.
Why is it that we have confidentiality? Why is it that we have a
classified information system? Generally speaking, it is not to keep
Americans from seeing this information; it is to keep foreigners from
seeing this information. And here the world has been turned upside
down, and we have a situation where foreigners get to see it, but even
the highest members of our own government--our Senators, our
Congressmen--we don't get to see it. That is absolutely unacceptable;
it is un-American.
The only way to come up with agreements that satisfy the needs of
this country is through an open, fair, transparent process. That is
what this simple amendment will accomplish. It says: None of the funds
made available in this act, which includes funds made to the Trade
Representative, may be used to negotiate or enter into a trade
agreement whose negotiating texts are confidential.
It is time for a little sunlight. Sunlight is the best disinfectant.
It is time for the Members of this body to take control of our
constitutional responsibilities, not to let the Trade Representative or
any member of the executive branch tell us to stuff it when we need to
find out things in order to be able to do our jobs properly.
Wouldn't it be a better system if we were able to tell a trade
representative what we think, what our constituents think, what the
members of the American public think about these documents before they
are simply dropped on us?
This is a simple commonsense amendment. There is no existing legal
authority that allows the Trade Representative to do what he has been
doing. I say the time is up and we should insist that these agreements,
which will determine the course of economic history in America for the
next 20 or 30 years, are agreements that are negotiated in public with
our approval and with our input.
I reserve the balance of my time.
Mr. CULBERSON. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. CULBERSON. Mr. Chairman, the gentleman from Florida I know has
worked in the past as an attorney and represented clients and
undoubtedly has settled cases before. And those settlement agreements,
those negotiations, when you were designing those agreements, Mr.
Grayson, I know were not something that you wanted to disclose. You
wanted to negotiate those settlements in private with your client
confidentially, because had the world seen what you were working out,
that would have damaged your client's ability to negotiate a fair
settlement with the other party in the case.
As here, with trade promotion authority, the countries with which the
Trade Representative is negotiating, Japan, for example, I doubt the
Japanese want the Australians to see what the Japanese are agreeing to.
That is just common sense. I doubt that the Koreans want the Japanese
to see what the Koreans are attempting to agree to.
So it is perfectly understandable that the agreement itself would be
confidential until it is finalized. Members of Congress can go see the
agreement, but the Korean-American Trade Agreement is going to be
confidential until it is finally settled because Korea doesn't want
Japan or Australia or Vietnam to see what they are negotiating, in the
same way you did not want your clients, the agreement you were
attempting to negotiate on behalf of your client, you didn't want to do
that in the open sunshine. Sunshine is a good thing, but there are
times when a negotiation like this on a trade agreement is just common
sense. You are not going to want the other countries that you are
competing against to see what kind of a deal you are fixing to work out
with the United States.
[[Page H3745]]
The Members of Congress can see it, of course, as we should, and the
agreement itself must be available to the public to view 90 days before
the President can even sign the agreement, and the Congress is going to
have this debate. In fact, I understand that this trade promotion
authority agreement that is under discussion, the new law that Congress
is proposing, would for the first time give either House of Congress a
veto over the agreement with a majority vote. So the House could decide
on our own to veto a particular trade agreement by majority vote; the
Senate could veto a trade agreement by majority vote.
The only part of the deal so far that is confidential is the ongoing
negotiation, which is exactly the way you handled and protected your
client's best interest as an attorney. I am quite confident as an
attorney you handled your client's litigation in a way that was
professional and confidential, and I imagine you never disclosed a
pending settlement agreement that was being negotiated, you never
released that publicly, did you ever, Mr. Grayson?
Mr. GRAYSON. Is the gentleman yielding to me?
Mr. CULBERSON. Did you ever release a negotiated settlement agreement
to the public before it was finalized?
Mr. GRAYSON. Is the gentleman yielding to me?
Mr. CULBERSON. No. Answer my question, yes or no.
Mr. GRAYSON. Well, I can't answer your question unless you are going
to yield to me.
Mr. CULBERSON. That is why I am asking a question. I am asking you,
did you ever release the terms of a settlement agreement you were
negotiating before it was final?
The Acting CHAIR. The gentleman from Texas controls the time.
Mr. CULBERSON. Yes. And I am asking a question.
I was an attorney myself. I defended businesses in civil litigation,
and any settlement agreement that we worked on was done confidentially.
And I would ask Mr. Grayson, did you ever disclose a confidential
settlement negotiation publicly when you were negotiating on behalf of
your client?
Mr. GRAYSON. Is the gentleman yielding the balance of his time to me?
Mr. CULBERSON. No, I am not yielding the balance of my time. I am
just asking a question.
I am quite confident Mr. Grayson always kept those negotiations
secret. That is all that is being kept secret here. And it is actually
not secret because Members of Congress can go read the text of the
trade agreement that is being negotiated. And if any of us have any
sort of an objection, that is a good time to raise it, to tell the
Trade Representative that we think this or that provision is going to
either be in violation of Federal law or cause a problem for American
industry and we think you ought to drop it.
So you have actually got an opportunity to have your 2 cents' worth
heard during the course of the negotiation. So I would urge Members to
oppose Mr. Grayson's amendment for the same reason that Mr. Grayson
always kept his settlement negotiations confidential on behalf of his
clients.
I reserve the balance of my time.
The Acting CHAIR. The gentleman from Florida has 15 seconds
remaining. The gentleman from Texas has 30 seconds remaining.
Mr. GRAYSON. Mr. Chairman, I ask unanimous consent for another minute
beyond my 15 seconds.
Mr. CULBERSON. I object. We are limited to 5 minutes and it is 12:30
at night.
The Acting CHAIR. There is an objection. The gentleman has 15
seconds.
Mr. GRAYSON. First of all, I represent the American public here, not
the American private. When I was an attorney, I represented private
interest, just as you did. Now I represent the public. The reason we
refer to the American public as the public is because the public's
business needs to be public. That means no secret negotiations, no
secret acts, no secret agreements, nothing but the public interest in
public.
The Acting CHAIR. The time of the gentleman has expired.
Mr. CULBERSON. Mr. Chairman, I think Mr. Grayson's answer confirms
that he did not ever disclose a negotiated settlement before it was
final, and that is just common sense. And here, under trade promotion
authority, the trade agreement, as it is being negotiated, needs to be
kept confidential. But any Member of Congress can go in and see it and
have our voices heard, object, suggest changes to it, as it is being
negotiated. And then once it is finalized the text must be made
available to the public 90 days before the President signs the
agreement, and then either House of Congress can void the agreement by
a majority vote. We are going to have this debate, and I urge Members
to oppose this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Grayson).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. GRAYSON. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Florida will
be postponed.
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