E2142 CONGRESSIONAL RECORD — Extensions of Remarks October 30, 1997 safety regulations to allow countries to make alwsÐthe Clean Air Act and the Marine Mam- rules. This is fair and equitable, and continues food safety inspections if their inspections mal Protection ActÐhave already been this great Nation's policy of reunification of were equivalent to ours. This language re- changed as a consequence of international families. placed a standard that required inspections to trade challenges. And, unlike any other area Therefore, I am going to vote against the be at least as rigorous as ours. NAFTA and of international negotiations, decisions are en- motion to instruct conferees. As Ulysses found the WTO provide for an equivalency standard, forceable by the ruling bodies through trade out, all is not what it appears to be. Such is but no formal rulemaking has begun to define sanctions. Our fundamental rightsÐones we the effort to instruct conferees. The motion is equivalency. Unfortunately, food safety protec- have taken for granted in the U.S.Ðare se- a not-so-veiled attempt to kill the 245(i) pro- tions have been substantially weakened under verely diminished in this process. gram. The motion would tie the hands of the NAFTA. USDA food safety checks have been Unfortunately, the calls in H.R. 2621 for in- conferees and limit our negotiating position in reduced to 1 percent at the Mexican border, creased transparency of the process are inad- conference. We need to be placed in the situ- while Mexican food exports to the U.S. have equate. Transparency should include public ation where we can negotiate a reasonable, increased by 45 percent. Equivalency stand- notice and comment periods for all inter- workable, and prudent solution. In fact, there ards are also applied to nonfood standards, national trade rulemaking bodies and a legally- are thousands of people expecting us to do performance standards, and good manufactur- binding procedure for Enviromental Impact As- so. ing practices, which are similarly difficult to sessments [EIA's] for all future trade and in- f evaluate. vestment agreements. Further EIA's should be Instead of curing these serious problems, prepared early enough in the negotiation proc- BRIAN ANDERSON: THE PRIDE OF H.R. 2621 would endorse the continued ero- ess to provide for public comment and full re- THE TRIBE AND THE PRIDE OF sion of U.S. sovereignty and make it even view by the negotiators. Final EIA's should ac- GENEVA more difficult for Congress and the President company the trade bill sent to Congress for to establish standards of risk that we believe fast track review. HON. STEVE C. LaTOURETTE are appropriate, based on sound science, and While I am unable to support H.R. 2621 for OF OHIO protect the American people. these reasons, I am interested in working with IN THE HOUSE OF REPRESENTATIVES EXPROPRIATION OF ASSETS President Clinton and my colleagues on lan- Thursday, October 30, 1997 Another area of concern is the potential for guage that would provide the necessary struc- corporations to sue under a takings mecha- tures to protect the public interest in trade Mr. LATOURETTE. Mr. Speaker, today, I nism for compensation of unrealized profits agreements negotiated under fast track au- rise to salute our beloved Cleveland Indians due to environmental or health regulations. thority. on an outstanding season, and a gutsy, nail- Under article 1110 of NAFTA, the Ethyl Cor- f biting trip through the playoffs and the World poration is currently suing the Government of Series. It truly was an exceptional series, right Canada for $251 million worth of damages in MOTION TO INSTRUCT CONFEREES down to the edge-of-your-seat, extra-innings' a claim that Canada's ban on the gas additive ON H.R. 2267, DEPARTMENTS OF game seven finale. While we all wish we could MMT constitutes an expropriation of company COMMERCE, JUSTICE, AND have enjoyed a different outcome, we have profits. MMT is banned in many U.S. States STATE, THE JUDICIARY, AND RE- every reason to be extremely proud of this because of its harmful effects on children and LATED AGENCIES APPROPRIA- team and all it accomplished this year. We its capacity to destroy catalytic converters. TIONS ACT, 1998 also have reason to be especially proud of Another case was recently filed against the one of our hometown heroes, and one of the Mexican Government by the Metal Clad Cor- SPEECH OF stars of the 1997 American League Champion poration. That company is suing on the basis HON. JIM KOLBE Cleveland IndiansÐBrian Anderson. that a governmental declaration of a marsh as OF ARIZONA Tribe pitcher Brian Anderson grew up in Ge- a nature preserve is an expropriation of the IN THE HOUSE OF REPRESENTATIVES neva and graduated from Geneva High School company's potential assets had they been in 1990. He played ball in college at Wright Wednesday, October 29, 1997 awarded a contract to built a toxic dump in State University near Dayton, and was se- that location. Mr. KOLBE. Mr. Speaker, a considerable lected by the California Angels in the first Section 102(3)(D) of the foreign direct in- amount of misinformation has dominated the round of the draft in 1993. In fact, he was the vestment provisions of the fast track proposal 245(i) program debate. I'd like to set the third pick overall, and was named the Amer- endorses this takings approach and requires record straight: 245(i) does not give anyone ican League's Rookie Pitcher of the Year in the U.S. to establish standards for expropria- amnesty, it does not undermine the Immigra- 1994 by the Sporting News. tion and compensation for expropriation. tion Reform and Control Act, and it does not Much to the delight of Anderson's loyal fans, Under NAFTA corporations are already grant- jeopardize national security. he was traded to the Indians in February ed authority to sue governments directly. The Section 245(i) of the Immigration and Na- 1996, and has proven himself to be one of the Multilateral Agreement on Investment, one of tionality Act allows prospective family- and Tribe's most reliable pitchers, and is a part of the multilateral agreements that could be cov- employment-based immigrants to adjust their a formidable bullpen that is admired through- ered under fast track authority, would allow status to that of permanent residents while re- out the league. Every young boy who grows business-dominated international arbitral pan- maining in the United States. That's the sole up near Cleveland and spends his days play- els to decide whether an environmental regu- function of the program. The $1,000 adjust- ing catch with his dad dreams of one day lation is considered a taking of a property. ment fee that is collected from prospective im- playing for his hometown team. Brian Ander- H.R. 2621 would set a new precedent that migrants is used by the Immigration and Natu- son not only achieved that dream, he sur- could require governments to compensate ralization Service [INS] to provide detention passed it this year when he pitched in front of companies if public health and welfare regula- space for criminal aliens, and it pays for INS his hometown in the World Series. Each time tions reduce the value of investments, regard- adjudication staff and improved customer serv- he stepped on the mound, he displayed the less of the impact on public health and wel- ice. Last year, the 245(i) program raised al- guts, brawn, and tenacity that are the hall- fare. most $200 million. marks of Indians' baseball, and showed the NO ADEQUATE DISPUTE RESOLUTION MECHANISMS, I do not favor a permanent extension of the world that he is a force to be reckoned with. PUBLIC OVERSIGHT, OR ENVIRONMENTAL ASSESSMENT 245(i) program. I do believe, however, that we Brian Anderson didn't bow to the pressure During the NAFTA and GATT debates, I must help those that have already petitioned of the playoffs or the World Series. Instead, he strongly supported a transparent dispute set- for relief under the program. Fairness and hu- showed remarkable composure, and didn't tlement that would allow outside parties an op- manitarian concerns call for no less. But we seem the least bit fazed by the magnitude of portunity to present the dispute resolution must identify a date certain in which no new the task that was before him. Two perform- panel with their views in writing. Unfortunately, petitions will be accepted. There appears to ances in particular stand outÐwhen he this proposal was not adopted and the dispute be some legitimacy to the claims that petition- pitched 3.2 innings of game 3 of the World mechanisms remain secret. Amicus briefs and ers under the 245(i) program enjoy an advan- Series and gave up just two hits, and when he other public comments are not permitted. tage that other prospective immigrants do not. and Jaret Wright combined for a 6-hitter in An open process for dispute resolution is If we cease accepting new applications yet game 4. particularly important because trade agree- process all those currently in the system, then Brian Anderson and the Tribe had 49 years ments can have such a significant impact on from that point forward all intending immi- of cruel history placed squarely on their shoul- public health and welfare. Two American grants would be competing under the same ders this season, as the Tribe has not won the