Congressional Record—Senate S2515
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March 19, 1997 CONGRESSIONAL RECORD — SENATE S2515 impacts of the deficit on such impor- ports. The same effect appears to have base, that the importance of insisting tant things as our manufacturing ca- resulted from our need for the Japa- on fair play in the matter of trade will pacity and the integrity of our indus- nese to participate in our treasury bill become clear. trial base, on productivity, jobs and auctions. This becomes a closed cycle— Finally, the legislation requires the wages in specific sectors. the need to finance the trade deficit Commission to examine alternative Throughout the 1980’s, my own State with foreign capital, resulting in reg- strategies which we can pursue to of West Virginia literally bled manu- ular involvement of the Japanese Gov- achieve the systematic reduction of the facturing jobs. We saw the jobs of hard- ernment in our treasury bill auctions, deficit, particularly how to retard the working, honest West Virginians in the seems to dampen our efforts to push migration of our manufacturing base glass, steel, pottery, shoe manufac- the Japanese on market-opening ar- abroad, and the changes that might be turing and leather goods industries— rangements. Naturally, without recip- needed to our basic trade agreements and other so-called smokestack indus- rocal open markets, the trade imbal- and practices. tries—hemorrhage across our borders ance remains exaggerated between the These are the purposes of the Com- and shipped overseas. While economic United States and Japan, prompting mission that Senator DORGAN and I development efforts in my State have further need for Japanese financial have proposed in this legislation. commendably encouraged our busi- support to fund the national debt. Of I commend the distinguished Senator nesses to refocus to help recover from course, this is a vicious circle. Thus, from North Dakota for his studious ap- those losses, the lack of knowledge some argue that the need for Japanese proach to this question. He is as knowl- about the causes and impact of our involvement in financing our national edgeable, if not more so, than certainly trade deficit leaves West Virginia, and debt hurt the ability of our trade nego- most other Senators, and perhaps any the nation as a whole, at a disadvan- tiators to get stronger provisions in other Senators, as far as I am con- tage in the arena of global competi- the dispute settled last year over the cerned, on this subject. I am pleased to tion. Japanese market for auto parts. join him in offering this proposal for We debate the trade deficit from time Similar considerations appear to pre- the consideration of the Senate. to time. We moan about it. We com- vail in negotiating market access with I hope that many of our colleagues plain about it. But, if we do not under- the Chinese in the area of intellectual will join us, and that we can secure stand the nature, of the long-term property. While our trade negotiator passage of the proposal in the near fu- vulnerabilities that such manufac- managed a laudable, very specific ture. turing imbalances create in our econ- agreement with the Chinese in 1995 in Mr. President, I yield the floor. omy and standard of living, we are this area, the Chinese were derelict in I suggest the absence of a quorum. surely in the dark. It appears to me implementing it, leading to another The PRESIDING OFFICER. The that debate over trade matters too high-wire negotiation last year to clerk will call the roll. often takes on the form of rhetorical avoid sanctions on the Chinese, and to The legislative clerk proceeded to bombast regarding so-called protec- get the Chinese to implement the ac- call the roll. tionists versus so-called free traders. cord as they had promised. Again, it is Mr. HATCH. Mr. President, I ask This is hardly a debate worthy of the unclear whether the Chinese will now unanimous consent that the order for name, given the problems we are fac- follow through in a consistent manner the quorum call be rescinded. ing. It is not an informed debate. We with the implementing mechanisms for The PRESIDING OFFICER (Ms. COL- are talking past each other, and in far the intellectual property agreement LINS). Without objection, it is so or- too general terms. It has been more of belatedly agreed to in the latest nego- dered. an ideological exchange than a real de- tiation. The highly trumpeted mantra f bate, primarily because we have not about how the U.S.-China relationship EXECUTIVE SESSION had sufficient analytical work done on will be one of, if not the most impor- the data bearing on this problem. Nei- tant, U.S. bilateral relationship for the ther side knows enough about what is next half century, has a chilling effect NOMINATION OF MERRICK B. GAR- really transpiring in our economy, on insisting on fair, reciprocal treat- LAND, OF MARYLAND, TO BE given the very recent nature of these ment, and good faith implementation U.S. CIRCUIT JUDGE FOR THE persistent deficits. of agreements signed with the Chinese DISTRICT OF COLUMBIA Certainly we know that the deficit government. The PRESIDING OFFICER. The Sen- reflects on the ability of American The Chinese government has again ate will proceed to executive session. business to compete abroad. We want recently reiterated its desire to become The clerk will report the nomination. to be competitive. Certainly we know a member of the World Trade Organiza- The assistant legislative clerk read that specific deficits with specific trad- tion and certainly her interest in join- the nomination of Merrick B. Garland, ing partners cause frictions between ing that organization is a commend- of Maryland, to be U.S. circuit judge the United States and our friends and able indication of her willingness to for the District of Columbia Circuit. allies. This is particularly the case submit to the rules of that organiza- The PRESIDING OFFICER. The Sen- with the Japanese, and is quickly be- tion regarding her trading practices. ator from Utah is recognized. coming the case with China. It is clear There is legitimate concern however, Mr. HATCH. Madam President, be- that the trade deficit has contributed that insufficient progress has been fore we get to the specific discussion of to the depreciation of the dollar and made by the Chinese on removing a the merits of Merrick B. Garland, let the ability of Americans to afford for- wide variety of non tariff discrimina- me make an important point. There eign products. Less clear, but of vital tory barriers to U.S. goods and serv- have been some suggestions made that importance, is the relationship of the ices, as she committed to do in the 1992 this Republican Congress is not moving trade deficit to other important policy bilateral Market Access Memorandum as rapidly or as well as it should on questions on the table between the of Understanding [MOU]. Indeed, in the judges, or at least last year did not United States and our foreign trading 1996 report by the United States Trade move as well or as rapidly as it should partners. Representative entitled foreign trade have on judges. Attempts by the United States to re- barriers, the amount of material de- With regard to judicial vacancies, the duce tariff and nontariff barriers in the voted to the range of such barriers on important point I would like to make Japan and China markets, which clear- the part of China is exceeded only by before getting into factual distortions ly restrict access of U.S. goods to those the material on Japan, indicating that that are being made about the judici- markets, have been crippled by the we have a continued persistent problem ary confirmation process is this. Fed- intervention of other, more important that needs serious attention along eral judges should not be confirmed policy goals. During the cold war, the these lines. simply as part of a numbers game to United States-Japan security relation- It will only be when we truly under- reduce the vacancy rate to a particular ship had a severe dampening effect on stand the specific impacts of these level. our efforts to reduce these myriad bar- large deficits on our economy, particu- While I plan to oversee a fair and riers in Japan to United States ex- larly our industrial and manufacturing principled confirmation process, as I VerDate Mar 15 2010 22:17 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S19MR7.REC S19MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2516 CONGRESSIONAL RECORD — SENATE March 19, 1997 always have, I want to emphasize that until mid-March or April and can- It is true, 28 nominees did not get the primary criteria in this process is didates were not reported to the floor confirmed last Congress. There is no not how many vacancies need to be until after these hearings. use kidding about it. We had 28 who did filled but whether President Clinton’s In the 100th Congress, the first hear- not make it through. But this was at a nominees are qualified to serve on the ing was not held until March 4, 1987. In point where there were only 65 vacan- bench and will not, upon receiving the 101st Congress, the first judges cies in the court, or, in other words, a their judicial commission, spend a life- hearing was not held until April 5, 1989. full Federal judiciary. There is some time career rendering politically moti- And in the 102d Congress, when there extra consideration here.