Mr. Speaker, I yield for the purpose of making a unanimous consent request to the gentleman from Michigan (Mr. Kildee). (Mr. KILDEE asked and was given permission to revise and extend his remarks.) Mr. Speaker, I yield myself such time as…
Mr. Speaker, I yield for the purpose of making a unanimous consent request to the gentleman from Michigan (Mr. Kildee).
(Mr. KILDEE asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in reluctant opposition to the Oman Free Trade Agreement. I do that for two basic reasons.
First, this agreement contains provisions that would allow companies owned by foreign governments to move into port operations. This is one of our first opportunities to deal with this since this matter became a matter of attention of this body earlier this year when Dubai Ports World attempted to take over port operations in many ports in the United States, including my own port of Baltimore. We spoke pretty decisively about our concern about allowing companies owned by foreign countries to be involved in principal port operations.
The language in this free trade agreement opens the door for exactly that to occur. Under the services provision, there is a provision that allows landside aspects of U.S. port activities, including operation and maintenance of docks; loading and unloading of vessels directly to and from land; marine cargo handling; operation and maintenance of piers; ship cleaning; stevedoring; transfer of cargo between vessels and trucks, trains, pipelines, and wharves; and waterfront terminal operations, to be given out to the Omanian companies that could very well be owned by that government.
To make the matter even worse, if the Dubai Ports World were to establish operations in Oman, then they could actually come in and operate our ports under the protection of this agreement.
You will hear during the course of this debate that the United States has the ability to prevent that from happening. And, Mr. Speaker, I acknowledge that under any trade agreement, no other country can order us to do anything other than what we want to do. We maintain sovereignty.
But let me remind you that under trade agreements there are certain penalties that are imposed if we do not live up to those provisions. We in Congress were required to change our Foreign Sales Corporation tax laws. We did it. We didn't have to do it, but if we did not do it, tariffs would have been imposed and continued to be imposed against our products.
So this is a serious issue. The United States has the opportunity under this agreement to block such an operation under the essential security exception. However, Oman would have the right to challenge that under dispute settlement, and under chapter 20 we have not excluded this determination from dispute settlement resolution. It can happen. The pressure can build on our country. We do not have a very good track record with dispute settlement tribunals. In fact, our record is around less than 20 percent success when it comes to imposing penalties against the United States. This administration has already shown a willingness to allow companies owned by foreign countries to operate port facilities in the United States. This is another opportunity for them to move forward on
this. Mr. Speaker, it is our responsibility. We have a chance to speak on this, and we should speak with a clear voice in rejecting this agreement.
The second area of concern that I will talk about during the course of this debate deals with Oman's failure to meet International Labor Organization standards. And I will give you chapter and verse of letters that we have written because, as you know, the standard is enforce your own laws, and Omanian laws are not up to ILO standards. Foreign workers in Oman do not have the right to join a union for a year. They are required to speak Arabic before leading a union. And the Government of Oman still does not have a law that prohibits employers from withholding passports or other documentations from the 80 percent of foreign workers in Oman, practices that can lead to human trafficking, as we have seen in Jordan. There are still inadequate laws to protect against anti-union activities. And the list goes on and on and on.
In Bahrain we not only had the commitment to change law, we saw the change in practice. We do not have that in Oman. We have not met the Bahrainian standard, and for that reason alone this agreement should be rejected.
So whether it is a matter of national security in regards to our ports or a matter of standing up for basic international workers' rights, this agreement comes up short and should be rejected.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself 1 minute to correct the record.
To my friend in Virginia who quoted AIPAC, the letter was the letter addressed to me that complimented the manner in which we have worked in a bipartisan manner to deal with the Arab boycott, in both the Bahrain agreement and the Oman agreement; but it does not talk about support for this legislation.
I would also point out that our friends from the WTO have been pretty clear about the dispute settlement system working: ``It must not be possible for one country to evade its operations simply by proclaiming its national security is involved, however farfetched such a claim may be. Yet when national security is really involved, laws that are contrary to international trade rules must be permissible.'' But they said that ``no country should be allowed to be the judge and jury of its own cause.''
We don't give away our national sovereignty, but we are able to be second-guessed by a dispute settlement panel. They can rule against us, and have ruled against us, and they can put pressure on us through tariffs so we in fact compromise our security.
Mr. Speaker, I now yield 3\1/2\ minutes to a senior member of the Ways and Means Committee, an expert on international trade and worker rights, the gentleman from Michigan (Mr. Levin).
(Mr. LEVIN asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself 30 seconds to just clarify the record. Let me assure my friend from Pennsylvania that the efforts by Dubai Port World was real to the port of Baltimore and other ports. This is not a hypothetical.
Let me also assure my colleagues, I heard the same discussion when we were changing corporation laws to help exporters, only to find that we were rejected by international panels. We don't have the unilateral right to make these determinations. We do give that to dispute panels.
Mr. Speaker, I yield 3 minutes to the gentleman from Maine (Mr. Michaud), who has been one of the leaders on fair trade here in this body.
Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from New Jersey (Mr. Pascrell), one of the leading voices on workers' rights.
Mr. Speaker, I yield myself 30 seconds just to point out to my friend that under this agreement, we now give third-party tribunals the opportunity to second-guess us on national security, and that was not there before this agreement. I offered an amendment to eliminate that. It should have been made in order.
Then regards labor standards in Bahrain, they had on the ground operating ILO standards. We do not have that in Oman.
Mr. Speaker, I am pleased to yield 3 minutes to my good friend from Tennessee (Mr. Tanner), a senior member of the Ways and Means Committee, one of our real leaders on trade issues.
Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from California (Mr. Becerra), a member of the Ways and Means Committee, who has been extremely active on fair trade and international issues.
Mr. Speaker, I am pleased to yield 3\1/2\ minutes to the gentleman from Texas (Mr. Doggett), a member of the Ways and Means Committee who has been articulate and a leader on fair trade and international rights.
Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from California, a strong advocate of fair trade, Representative Solis.
Mr. Speaker, I am pleased to yield 1 minute to the gentlewoman from California (Ms. Linda T. Sanchez) who has been one of our leaders on fair trade.
Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from Massachusetts (Mr. Markey) who has been one of the leading spokespersons about international human rights and worker rights.
Mr. Speaker, can I inquire of my friend from Florida, his continuing to reserve, does that mean he has one speaker remaining?
Mr. Speaker, I am pleased to yield 6 minutes to our distinguished whip, my colleague from Maryland (Mr. Hoyer), who has been a spokesperson not only on trade but on security internationally.
If the gentleman would just yield briefly. I would let Mr. Moran use up the remainder of his time, and then we will use up the remainder of our time, and then you will close.
Mr. Speaker, before I yield the balance of our time to our distinguished leader, let me just make it clear that the Sultan has not, by decree, answered the issues that were raised in letters that were sent by our staff. In fact, they dealt with primarily one issue, and six or seven are yet to be dealt with; and that is why they are setting an October date for changing their law.
And let me also make it clear that unlike Bahrain, the Omanis have not, on the ground, changed their labor practices to meet ILO standards. So they fall far short of Bahrain.
And lastly, on the security issue, I have heard our colleagues put a lot of confidence in our ability to unilaterally use the essential security provision to prevent action on our ports. And I just wonder what attitude we would have if one of our insurance companies, for example, wanted to do business in Oman, and Oman said, oh, no, not because of essential security we will let you in our country. And then we say we don't have the right to challenge that? We clearly have the right to challenge that, as Oman would have the right to challenge our decision to invoke this exception if a company wanted to take over a port operation in the United States.
And we are going to be subject to the second-guessing of independent tribunals. And our record has been terrible in the decisions of the tribunal as to how many we have lost against statements made in this body that said that what we would do would stand international muster, and it did not.
So why are we putting this threat out there? Why are we making ourselves vulnerable? Why didn't we take it out of the agreement? Why do we want to subject America to that risk?
Mr. Speaker, I am proud to yield the balance of our time to our distinguished leader who has put forward an agenda for America that truly will make this Nation a safer Nation, Ms. Pelosi.
Mr. Speaker, on that I demand the yeas and nays.