A resolution to authorize testimony, document production, and legal representation in State of Oregon v. Rebecca Michelson, Michele Darr, and Vernon Huffman

Mr. President, I am pleased to again submit a measure to begin to address one of the central problems our Nation faces, namely the loss of family-supporting jobs because of our flawed trade policies.

Today's announcement that the U.S. trade deficit for 2006 rose to $764 billion, setting a record for the fifth consecutive year, is a stark reminder of just how seriously flawed our trade policies are. Those policies have far reaching consequences, and they require a multifaceted response.

One response must be to take on the trade deficit directly, and I have been pleased to join the Senator from North Dakota, Mr. Dorgan, to do just that.

But we also must change the agreements into which we enter with our trading partners.

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 safeguards we have established for workers, the environment, and our public health and safety. And we cannot afford to chip way at our democratic heritage by entering into trade agreements that supercede our right to govern ourselves through open, democratic institutions.

The legislation I am introducing today addresses this problem, at least in part. It establishes some minimum standards for the trade agreements into which our Nation enters. It 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, and will advance the goal of increased international commerce.

The outgrowth of the major trade agreements into which we have entered 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.

For any who doubt this, I invite you to ask the families in Wisconsin who have watched their jobs move to China.

We can't let this continue to happen. 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. This resolution will begin to put us on that path, and I urge my colleagues to support it.

Mr. President, I wish to inform all Senators that the Committee on Rules and Administration has updated the U.S. Senate Travel Regulations to include two changes.

First, P.L. 110-81 requires the Rules Committee to make certain changes to

the U.S. Senate Travel Regulations. The provision dealing with how Members estimate costs for charter jets is amended in section III Transportation, paragraph C, of the Travel Regulations, as follows:

C. Corporate/Private Aircraft: Reimbursement of official

expenses for the use of a corporate or private aircraft is

allowable from the contingent fund of the Senate provided the

traveler complies with the prohibitions, restrictions, and

authorizations specified in these regulations. Moreover,

pursuant to the Ethics Committee Interpretive Ruling 444,

excess campaign funds may be used to defray official expenses

consistent with the regulations promulgated by the Federal

Election Commission.

i. An amendment to Rule XXXV of the Standing Rules of the

Senate, paragraph 1(c)(1)(C), enacted September 14, 2007,

pursuant to P.L. 110-81, states:

(C)(i) Fair market value for a flight on an aircraft

described in item (ii) shall be the pro rata share of the

fair market value of the normal and usual charter fare or

rental charge for a comparable plane of comparable size, as

determined by dividing such cost by the number of Members,

officers, or employees of Congress on the flight.

(ii) A flight on an aircraft described in this item is any

flight on an aircraft that is not--

(I) operated or paid for by an air carrier or commercial

operator certificated by the Federal Aviation Administration

and required to be conducted under air carrier safety rules;

or

(II) in the case of travel which is abroad, an air carrier

or commercial operator certificated by an appropriate foreign

civil aviation authority and the flight is required to be

conducted under air carrier safety rules.

(iii) This subclause shall not apply to an aircraft owned

or leased by a governmental entity or by a Member of Congress

or a Member's immediate family member (including an aircraft

owned by an entity that is not a public corporation in which

the Member or Member's immediate family member has an

ownership interest), provided that the Member does not use

the aircraft anymore than the Member's or immediate family

member's proportionate share of ownership allows.

ii. Prior to the commencement of official travel on a

corporate or private aircraft, the traveler or the traveler's

designee shall contact a charter company in the departure or

destination city to request a written estimate of the cost of

a flight between the two cities on a similar aircraft of

comparable size being provided by the corporation or private

entity.

1. For example, if a Learjet 45 XR aircraft is being

provided by the corporation or private entity, the traveler

or the traveler's designee shall request a written estimate

of the cost to charter a Learjet 45 XR aircraft from the

departure city to the destination city.

2. If no charter company is located in either the departure

or destination city which rents a similar aircraft of

comparable size, a charter company nearest either the

destination or departure city which does so shall be

contacted for a written estimate.

iii. Following the completion of official travel on a

corporate or private aircraft, reimbursement for related

expenses may be processed on direct pay vouchers payable to

each individual traveler, to the corporation or private

entity, or to the travel charge card vendor. The written

estimate received from the charter company shall be attached

to the voucher for processing.

The second change concerns travel by Members to the home State for funerals. The provision is amended in section of the Travel Regulations entitled ``Special Events, II. Funerals,'' as follows:

II. Funerals: Members who represent the Senate at the

funeral of a Member or former Member may be reimbursed for

the actual and necessary expenses of their attendance,

pursuant to S. Res. 263, agreed to July 30, 1998.

Additionally, the actual and necessary expenses of a

committee appointed to represent the Senate at the funeral of

a deceased Member or former Member may be reimbursed pursuant

to S. Res. 458, agreed to October 4, 1984.

A. Pursuant to 2 U.S.C. 58e, which authorizes reimbursement

for travel while on official business within the United

States, Members and their staff may be reimbursed for the

actual and necessary expenses of attending funerals within

their home state only.

B. Examples of funerals that may be considered official

business include, but are not limited to, funerals for

military servicemembers, first responders, or public

officials from the Member's state.

These changes became effective on December 20, 2007.

Mr. President, I ask unanimous consent to have the updated U.S. Senate Travel Regulations printed in the Record.

Madam President, I wish to inform all Senators that the Committee on Rules and Administration has updated the U.S. Senate Travel Regulations. The Ethics Committee recently issued guidance to the Rules Committee that making more than one reservation for official travel with a participating airline would not constitute a gift under Senate rule XXXV, the Gift Rule. Consistent with the Ethics Committee's guidance, the transportation expenses section of the U.S. Senate Travel Regulations has been updated to address the issue of making more than one reservation on scheduled flights.

The following statement has been added to I.B of the transportation expenses section, found on page IV-64 of the U.S. Senate Handbook:

3. A Member shall be permitted to make more than one

reservation on scheduled flights with participating airlines

when such action assists the Member in conducting his/her

official business.

This change is effective immediately.

Madam President, I ask unanimous consent that the updated U.S. Senate Travel Regulations be printed in the Record.

Mr. President, this resolution concerns a request for testimony,

documents, and representation in criminal trespass actions in Multnomah County Circuit Court in Portland, OR. In this action, anti-war protestors have been charged with criminally trespassing in the building housing Senator Gordon Smith's Portland, OR office on December 12, 2006, for refusing repeated requests by the police to leave the premises. Trials on charges of trespass are scheduled to commence on February 26, 2007. The prosecution has subpoenaed a member of the Senator's staff who had conversations with the defendant protestors during the charged events. Senator Smith would like to cooperate by providing testimony and any relevant documents from his staff. This resolution would authorize that staff member, and any other employee of Senator Smith's office from whom evidence may be required, to testify and produce documents in connection with this action, with representation by the Senate Legal Counsel.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 80, submitted earlier today.

Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the resolution be printed in the Record, without intervening action or debate.