Wyden Statement at Markup of Robert E. Lighthizer to be U.S. Trade Representative
Today the committee votes on the nomination of Robert Lighthizer to be the next U.S. Trade Representative. The global economy is increasingly competitive, and not all the competition is willing to play by the rules. Unfortunately, our workers and communities have had to fight off trade ripoffs and sometimes out-and-out cheating. As the Commerce Department confirmed yesterday, unfair subsidies are harming American millworkers in my state of Oregon and around the country. Yesterday’s action is a good start, but it is not the end. Tough trade enforcement requires commitment, and a long term strategy to keep American workers from losing out. So the next USTR needs to be a crusader for American jobs and economic growth.
That means stepping up trade enforcement, including with respect to labor and the environment, and guaranteeing that there’s follow-through instead of just tough talk or tweets. It means working to pry open markets to red, white and blue manufactured goods, digital goods and services -- whether those markets are in the Asia-Pacific, Europe, or North America.
Through my discussions with Mr. Lighthizer, both in private and in public, I believe he has the capability to meet these challenges. I intend to support him in those efforts, and I support his confirmation.
Through the committee’s vetting process, my staff uncovered that Mr. Lighthizer represented foreign governments on trade matters and is therefore statutorily prevented from serving as the U.S. Trade Representative. His work for foreign governments occurred decades ago and was minor compared to his career in representing American manufacturers and domestic interests. I have concluded that it is appropriate -- in this case -- to support a statutory waiver that allows Robert Lighthizer to serve as our nation’s trade representative. The Chairman and I worked in a bipartisan way to craft a narrow waiver that is meant to neither expand nor diminish the scope of the statutory prohibition that exists in section 141(b) of the Trade Act of 1974.
While the waiver will resolve Mr. Lighthizer’s eligibility to serve as USTR, it does not address another urgent priority that must be resolved before the end of the month or thousands of hardworking miners and their families will lose their health coverage. I remain convinced that both of these issues could be addressed in the upcoming budget bill.
I encourage my colleagues to vote in support of the waiver and in support of Mr. Lighthizer’s confirmation.
Chairman Hatch: Before we proceed to member statements, Senator Wyden and I want to clarify a handful of items and ensure other commitments are noted on the record. Senator Wyden?
Senator Wyden. Mr. Chairman, I want to thank you for your leadership. We have worked through the issue of the waiver for Mr. Lighthizer. Also, we have been working together to provide relief to retired mineworkers regarding their health care costs. Unless Congress acts, over 22,000 retired coal miners will lose their retiree health benefits at the end of this month. Several members of this Committee, including Senators Brown, Casey, and Warner, have been leading this effort, along with Senator Manchin. It is my hope that both the Lighthizer waiver and mineworkers’ relief can be resolved soon, potentially as part of the continuing resolution.
Chairman Hatch. I thank the Ranking Member. Although, as I have said, I am not convinced that a statutory waiver is necessary with regard to Mr. Lighthizer, I understand that other Senators feel otherwise, and I am happy that we have followed the historical precedents in dealing with these matters and have reached an accommodation. I also share the view that we should try to provide meaningful relief to retired mineworkers, and I am working with other Senators on both sides toward that end. The committee has actually spoken on this matter previously, and I believe that I have demonstrated my willingness to work with my colleagues on these issues. I want to thank my colleagues Senator Capito and Senator Portman who have been especially engaged in the miner’s health issue. I am glad to see that this matter is no longer standing in the way of the USTR nomination.
Senator Wyden. Mr. Chairman, I also would like to note that, in addition to Mr. Lighthizer’s nomination to be U.S. Trade Representative, there are several other important trade positions that need to be filled in order for us to be able to pursue an aggressive trade enforcement and negotiation policy. In particular, there is a vacancy at the International Trade Commission, and it is important to fill that vacancy in order to ensure the softwood lumber and other key trade cases receive a full and fair hearing.
Chairman Hatch. I agree with the Ranking Member that many important trade positions need to be filled promptly. These include three Deputy U.S. Trade Representatives, a chief agriculture negotiator, a chief IP and innovation negotiator, a Treasury Undersecretary, a Commerce Undersecretary, and the Customs Commissioner, in addition to the International Trade Commissioner that Senator Wyden mentioned. I encourage the Administration to send us qualified nominees promptly, and I will work to move the nominations through the committee quickly.
Senator Wyden. I thank the Chairman and look forward to working further with him on these important matters.
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