{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}
OPENLY, IN THE BRIGHT LINE OF SUNSHINE ON A CLOUDLESS DAY. IF
CHINA IS SERIOUS ABOUT THE PROMISES THAT IT HAS MADE TO THE
UNITED STATES ON SUBSIDIES, THIS INFORMATION SHOULD EASILY BE
PROVIDED. THE AMENDMENT ALSO HELPS WITH THE MANY QUESTIONS THAT
HAVE SURROUNDED THE TRANSPARENCY OF THE W.T.O. RULES IN
GENERAL. MR. PRESIDENT, LET US NOT PLACE U.S. INDUSTRIES IN THE
{12:15:37} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
POSITION OF BEING UNFAIRLY INJURED BY CHINESE IMPORTS ILLEGALLY
SUBSIDIZED. WITHOUT THIS INFORMATION, U.S. INDUSTRIES WILL BE
REQUIRED TO PAY THE HUGE FEES ASSOCIATED WITH FILING
ANTI-DUMPING AND COUNTER VEILING DUTY CASES IN ORDER TO PURSUE
DATA ON ILLEGAL SUBSIDY BEHAVIOR IN CHINA. WE KNOW THAT A
SIGNIFICANT PORTION OF THE ECONOMY OF THE PEOPLE'S REPUBLIC OF
{12:16:16} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
CHINA CONSISTS OF STATE-OWNED ENTERPRISES. WE KNOW THAT CHINESE
ENTERPRISES RECEIVE SIGNIFICANT SUBSIDIES FROM THE CHINESE
GOVERNMENT. WE KNOW THAT KHIFRNEES STATE-OWNED GOVERNMENT H.
ENTERPRISES ACCOUNT FOR A SIGNIFICANT PORTION OF EXPORTS FROM
THE CHINESE GOVERNMENT. THIS IS A MATTER OF FACT, SO I SAY TO
MY FRIENDS HERE IN THE SENATE, DO NOT FOOL YOURSELVES
{12:16:47} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
YOURSELVES. STATE-OWNED ENTERPRISES CONTINUE TO BE THE MOST
SIGNIFICANT EARGS OF EMPLOYMENT IN MOST AREAS IN CHINA AND SOME
REPORTS SUGGEST THAT THESE SUBSIDIES SDISE ENTERPRISES
ACCOUNTED FOR AS MUCH AS 65% OF THE JOBS IN MANY AREAS OF CHINA
IN 199 ARE 5. THE MOST RECENT DATA THAT THE LIBRARY OF CONGRESS
COULD PROVIDE ON THIS MATTER. THAT'S RIGHT. STATE-OWNED
ENTERPRISES LIKELY ACCOUNT FOR 65% OF THE JOBS IN MOST AREAS OF
{12:17:20} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
CHINA. NOW, WHAT KIND OF FUNDS AND OTHER DO STATE-OWNED
ENTERPRISES IN CHINA RECEIVE FROM THAT GOVERNMENT?
WE SHOULD KNOW. WE OUGHT TO KNOW. AND SO I ASK THAT OTHER
SENATORS HELP US TO KNOW BY HELPING US TO FIND OUT THIS
INFORMATION. AND THEY CAN DO THAT BY VOTING IN SUPPORT OF THIS
AMENDMENT. I UNDERSTAND THAT CHINA HAS STEPPED UP TO THE PLATE
{12:17:56} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
AND SIGNED A BILATERAL AGREEMENT WITH THE UNITED STATES THAT
PROCLAIMS THAT CHINA WILL CEASE THE USE OF SUBSIDIES PROHIBITED
UNDER THE W.T.O. AGREEMENT ON SUBSIDIES AND COUNTERVEILING
MEASURES. INCLUDING THOSE SUBSIDIES CONTINGENT UPON EXPORT
PERFORMANCE AND SUBSIDIES CONTINGENT ON THE USE OF DOMESTIC
OVER IMPORTED GOODS WHICH ARE STRICTLY PROHIBITED UNDER THE
S.C.M. BUT GUESS WHAT?
{12:18:30} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
ON JULY 212,000, JUST A-- --ON JULY 21, 2,000, JUST A FEW WEEKS
AGO, THE PRESIDENT OF THE EXPORT DAILY WAS QUOTED AS SAYING
THAT CHINA'S STATE-BACKED FINANCING PLAYED A STRONG ROLE IN THE
FIRST HALF OF THIS YEAR. CHINA IS SUBSIDIZING ITS PRODUCTS TO
ENSURE THAT THEY CAN BE EXPORTED INTO FOREIGN MARKETS,
INCLUDING OUR MARKET. U.S. COMPANIES CANNOT COMPETE WITH SUCH
SUBSIDIES. ARE SENATORS AWARE THAT CHINA'S MACHINERY AND
{12:19:12} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
ELECTRONIC EXPORTS GREW BY 42.1% IN THE FIRST HALF OF 2000
2000, REACHING 4 -- REACHING $47.1 BILLION AND ACCOUNTING FOR A
LARGE PERCENT OF THE TOTAL EXPORTS. MOREOVER, SINCE HAVING
SIGNED THE BILATERAL AGREEMENT WITH THE UNITED STATES, CHINA
HAS EXPRESSED A VIEW THAT IT SHOULD BE INCLUDED IN THE GROUPING
OF THE POOREST COUNTRIES IN THE W.T.O., THUS EFFECTIVELY
{12:19:49} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
EXEMPTING CHINA FROM THE DISCIPLINES OF THE W.T.O. SDUBZY--
--SUBSIDY CODES ALTOGETHER. WE NEED TO SEND CHINA A STRONG
MESSAGE ABOUT THE USE OF SUBSIDIES. WHEED TO PUT IN PLACE SOME
DISCLOSURE PROCEDURES THAT IMPROVE TRANPAIRNSY ABOUT THE USE OF
SUCH SUBSIDIES TO CHINESE INDUSTRIES. NOW, MY COLLEAGUES, SOME
OF WHOM ARE DEAD SET AGAINST ANY AMENDMENTS TO THIS BILL, ARE
{12:20:28} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
BOUND TO REFLECT BACK TO THE U.S.-CHINA BILATERAL AGREEMENT AND
ARGUE THAT THE U.S. TRADE REPRESENTATIVE HAS ALREADY SECURED AN
AGREEMENT FROM CHINA TO ELIMINATE ALL W.T.O. ILLEGAL SUBSIDIES
AND THAT THE W.T.O. REQUIRES CERTAIN COMPLIANCE PROCEDURES
ALREADY. HOWEVER, THE CHINESE GOVERNMENT OVERSEES THE
TOP-TO-BOTTOM OPERATIONS OF MANY INDUSTRIES SUCH AS IRON AND
STEEL, COAL MINING, PETROLEUM EXTRACTION AND REFINING AS WELL
{12:21:01} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
AS THE ELECTRIC POWER UTILITIES, BANKING AND TRANSPORTATION
SECTOR. THE STAUNCHEST SUPPORTERS OF PASSING PNTR TO CHINA
ACKNOWLEDGE THAT THE TRADE RULES THAT THE CHINESE HAVE AGREED
TO WILL LIKELY IN THE SHORT-TERM CAUSE WIDESPREAD EMPLOYMENT.
IF THE PAST IS AN ACCURATE INDICATOR, THE CHINESE GOVERNMENT
WILL BE VERY TEMPT TOLTED -- SIMPLY TO IGNORE THE RULES THAT
{12:21:36} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
THEY HAVE AGREED TO AND TO USE THEIR DOMESTIC STATE-OWNED
ENTERPRISES AS A JOBS PROGRAM. FORMER SECRETARY OF COMMERCE
WILLIAM DALEY STATED, AND I QUOTE, "I DO NOT PRETEND TO THINK
THAT THIS IMPLEMENTATION OF THIS AGREEMENT BY THE CHINESE WILL
BE EASY FOR THEM THEM." MEANING THE CHINESE. "AND I WOULD
ASSUME THAT WE WILL HAVE TO IN THE NEXT ADMINISTRATION BE VERY
AGGRESSIVE IN THEIR ENFORCEMENT OF THE COMMITMENTS THAT HAVE
{12:22:08} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
BEEN MADE." WELL, LET ME REMIND SENATORS THAT WITHOUT DOUBT
SUBSIDIES WITH ALL OF OUR TRADING PARTNERS HAVE BEEN DIFFICULT
ISSUES TO RESOLVE AND NOT ALL SUBSIDIES ARE ACTIONABLE. IN
FACT, WITH YEARS OF TRADE RELATIONS AND NEGOTIATIONS, THE U.S.
HAS YET TO REACH A SUBSIDY UNDERSTANDING WITH THE EUROPEAN
UNION ON AGRICULTURE OR ON SOME INDUSTRIAL SECTORS SUCH AS
AERONAUTICS. THERE'S NO HARM IN THE EXTRA MEASURE OF PROTECTION
{12:22:46} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
THAT IS PROVIDED BY MY SUBSIDIES DISCLOSURE AMENDMENT. IT
PROVIDES TRANSPARENCY AND WILL HELP MANY U.S. INDUSTRIES TO
MAKE IMPROVED OR EDUCATED DECISIONS. AND SO I URGE MY
COLLEAGUES TO SUPPORT U.S. STEELWORKERS, U.S. APPLE GROWERS,
ELECTRONIC PRODUCERS, AND OTHERS AND VOTE FOR THIS AMENDMENT.
HOW MUCH TIME DO I HAVE REMAINING?
{12:23:18 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THE SENATOR HAS 15 MINUTES REMAINING.
{12:23:24 NSP} (MR. BYRD) { NOT AN OFFICIAL TRANSCRIPT }
MR. BYRD: I THANK THE CHAIR. I YIELD THE FLOOR AND I RESERVE
THE BALANCE OF THE TIME ON MY AMENDMENT.
{12:23:35 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: WHO YIELDS FIME?
-- --WHO YIELDS TIME?
THE DISTINGUISHED SENATOR FROM DELAWARE IS RECOGNIZED.
{12:23:58 NSP} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }
MR. ROTH: MR. PRESIDENT, I RISE IN OPPOSITION TO MY GOOD FRIEND
FROM WEST VIRGINIA'S AMENDMENT. I DO SO BECAUSE OF MY CONCERN
ABOUT THE IMPACT THAT AMENDMENTS COULD HAVE ON THIS LEGISLATION
BUT ALSO BECAUSE OF SUBSTANTIVE CONCERNS I HAVE ABOUT HIS
PROPOSAL. AND BEFORE I ADDRESS THE MERITS OF HIS AMENDMENT, I
WANT TO TAKE A FEW MINUTES TO RESPOND TO THE COMMENTS HE MADE
{12:24:29} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }
LAST WEEK REGARDING THE MANNER IN WHICH THIS LEGISLATION IS
BEING CONSIDERED CONSIDERED. HE'S VERY COLORFULLY -- HE VERY
COLORFULLY DESCRIBED THIS LEGISLATION AS A GREASE PICK AND
PROTESTED THAT THE SENATE HAD NOT HAD ADEQUATE TIME TO CONSIDER
ITS MERITS. I'M SORRY THAT HE FEELS THIS WAY BECAUSE WITH ALL
THE TIME I'VE SPENT ON THIS LEGISLATION LEGISLATION, AND WITH
ALL THE TIME I'VE WAITED FOR PNTR TO BE BROUGHT TO THE FLOOR, I
{12:25:03} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }
CAN SAY THIS IS NO GREASE PIG. THIS LEGISLATION HAS BEEN GIVEN
A FULL AND ADEQUATE HEARING. THE FINANCE COMMITTEE, WHICH I
CHAIR, HELD THREE HEARINGS ON PNTR THIS YEAR ALONE. AND AT
THESE HEARINGS WE HEARD FROM A FULL RANGE OF WITNESSES
WITNESSES, PRO AND CON, WHO DISCUSSED THE SIGNIFICANCE OF THIS
AGREEMENT, NOT JUST FROM THE PERSPECTIVE OF TRADE BUT ALSO FROM
{12:25:45} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }
THE PERSPECTIVES OF FOREIGN POLICY, HUMAN RIGHTS, RIDGE
FREEDOM, LABOR RIGHTS AND OTHERS. AND WE HAVE ALSO BENEFITED
FROM THE CAREFUL REVIEWS BY THE CONGRESSIONAL RESEARCH SERVICE
SERVICE, THE INTERNATIONAL TRADE COMMISSION, AND THE GENERAL
ACCOUNTING OFFICE, WHICH HAS A TEAM OF ANALYSTS WHO HAVE BEEN
FOLLOWING THE CHINA NEGOTIATIONS CLOSELY FOR SEVERAL YEARS NOW.
{12:26:17} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }
THE FINANCE COMMITTEE ALSO HELD AN OPEN MARKUP WHERE THE
COMMITTEE APPROVED PNTR ALL BUT UNANIMOUSLY BY A VOTE OF 19-1.
AND MY COMMITTEE ALSO CONSIDERED THE HOUSE-PASSED LEGISLATION
IN EXECUTIVE SESSION, WHERE MY COLLEAGUES AGREED WITH ME AND
THE DISTINGUISHED RANKING MEMBER, SENATOR MOYNIHAN, THAT WE
SHOULD SUPPORT THE LEGISLATION AS PASSED. NOW THOSE ACTIONS
{12:26:53} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }
TOGETHER WITH THE HEARING ON PNTR THAT HAVE BEEN CONDUCTED BY
THE FOREIGN RELATIONS COMMITTEE, THE COMMERCE COMMITTEE, AND
OTHERS HARDLY CONSTITUTE RUSHED CONSIDERATION OF THIS MOST
IMPORTANT LEGISLATION. LET US NOT FORGET THIS LEGISLATION HAS
BEEN ON THE FLOOR FOR CONSIDERATION BY THE FULL SENATE FOR SIX
DAYS AND WILL LIKELY BE HERE FOR ANOTHER WEEK. AND DRIT WE HAVE
{12:27:28} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }
BEEN IN REGULAR ORDER AND HAVE-- --AND DURING THIS TIME WE HAVE
BEEN IN REGULAR ORDER AND HAVE WELCOMED ALL AMENDMENTS. I'D BE
HARD-PRESSED, HARD-PRESSED TO THINK OF ANOTHER PIECE OF RECENT
LEGISLATION THAT'S RECEIVED MORE TIME, MORE SCRUTINY THAN THIS
HAS. NOW ALL OF US WHO SUPPORT PNTR UNDERSTAND WELL THAT
AMENDING THIS BILL WILL THREATEN ITS PASSAGE. OUR OPPONENTS, I
{12:28:04} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }
THINK, UNDERSTAND THIS EVEN BETTER. IN THE END IT'S AN EXERCISE
OF OUR PREROGATIVE TO VOTE AGAINST AMENDMENTS GIVEN THE THREAT
THEY POSE TO THE LEGISLATION. I BELIEVE IT'S ENTIRELY
APPROPRIATE FOR US TO DO SO. AFTER ALL, THERE'S NOTHING THAT
CAN BE ADDED OR SUBTRACTED FROM THE LEGISLATION THAT WILL
ENHANCE OUR ACCESS TO THE CHINESE MARKET. THERE'S ALSO NOTHING
{12:28:36} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }
THAT CAN BE ADDED OR SUBTRACTED THAT WILL STRENGTHEN THE
UNEQUIVOCAL SUPPORT CONTAINED IN THIS LEGISLATION FOR HUMAN
RIGHTS, LABOR RIGHTS AND THE RULE OF LAW. WITH THAT SAID, LET
ME TAKE A FEW MINUTES TO DISCUSS MY COLLEAGUE'S AMENDMENT
REGARDING SUBSIDIES AND ALTHOUGH I UNEQUIVOCALLY SHARE SENATOR
BYRD'S VIEWS REGARDING THE IMPORTANCE OF COMPLIANCE AND
{12:29:12} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }
REGARDING THE SIGNIFICANCE OF CHINA'S SUBSIDIES COMMITMENT
COMMITMENT, I MUST STILL OPPOSE HIS PROPOSAL. I DO SO NOT JUST
BECAUSE OF MY ALREADY STATED CONCERN ABOUT THE AMENDMENT BUT
ALSO BECAUSE OF THE SUBSTANCE OF THIS AMENDMENT WHICH, IN MY
VIEW, IS BOTH REDUNDANT AND FLAWED. I WOULD POINT OUT TO MY
GOOD FRIEND, TO SECTION 1106 OF THE TRADE ACT OF 198(A), THE
{12:29:43} (MR. ROTH) { NOT AN OFFICIAL TRANSCRIPT }
PROVISION ALREADY CONDITIONS THE PRESIDENT'S EXTENSION OF PNTR
TO CHINA ON A FINDING THAT CHINA'S STATE-OWNED ENTERPRISES ARE
NOT DISRUPTIVE TO OUR TRADING INTERESTS. AND WHILE I KNOW THAT
MY
{END: 2000/09/11 TIME: 12-30 , Mon. 106TH SENATE, SECOND SESSION}
{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}