Chairman's News

May 10,2022

Senators: Executive Branch Must Follow Consultation Guidelines and Meaningfully Brief Congress on Pending Negotiations

Washington, D.C. – Senate Finance Committee Chair Ron Wyden, D-Ore., Ranking Member Mike Crapo, R-Idaho, and Sen. Bob Menendez, D-N.J., immediately referred to as on the U.S. Trade Representative to dramatically enhance transparency and session with Congress on pending commerce negotiations, in a letter despatched immediately with Senators Charles Grassley, R-Iowa, Catherine Cortez Masto, D-Nev., and Ben Sasse, R-Neb.

The bipartisan senators cited negotiations to waive mental property guidelines on the World Trade Organization — the place particulars turned public earlier than Congress was briefed or proven the textual content of the settlement — as a current instance of the chief department failing to adequately seek the advice of with Congress. 

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“We want to ensure that this failure to consult properly with Congress will not be replicated in other areas, particularly as the Administration seeks to launch new trade negotiations under the auspices of the Indo-Pacific Economic Framework, pursue multilateral and plurilateral negotiations at the WTO, and engage in bilateral discussions with countries such as the United Kingdom,” the senators wrote. 

“As such, we believe that the Administration must follow both the letter and the spirit of the Transparency Principles and Guidelines and consult fully with Members,” they continued. “The mere fact that changes to U.S. law may not be required to implement a final agreement or that ideas are being exchanged in a ‘white paper’ does not excuse USTR from fulfilling its obligation to consult — in detail, including by sharing any and all text and specific proposals — in a timely fashion, throughout a negotiation.”

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Congress has major authority to control tariffs and commerce with international nations beneath Article I, Section 8 of the Constitution. It delegates authority to the chief department, with the requirement that it’s consulted about commerce insurance policies. 

The textual content of the letter is right here.

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