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USTR Offers New Transparency Mechanisms for TPP, but Democrats Still Wary

The Office of the U.S. Trade Representative took a number of steps to expand Trans-Pacific Partnership transparency on March 18, first pledging several new ways to show TPP text to lawmakers and then holding a classified briefing with House Democrats on labor rules in the talks. USTR said it will now give congressional members full access to TPP text at a secure location in the Capitol, as well as “plain English” round-ups on TPP chapters. The agency also vowed to preview U.S. proposals with congressional committees before taking them to high-level TPP talks.

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Some members applauded USTR’s transparency moves in interviews as they exited the briefing room on Capitol Hill. Rep. Ron Kind, D-Wis., who called the dialogue “very helpful," said "we were able to weigh in in a much more detailed, a much more comprehensive fashion.” Kind also indicated he’s continuing to try to whip “yes” votes from the Democratic caucus. Kind leads the 46-member-strong New Democrat Coalition. Some observers view that bloc as more likely to support Trade Promotion Authority. Kind declined to comment on the number of House Democrats he expects to ultimately support a TPA bill.

House Ways and Means ranking member Sandy Levin, D-Mich., said the new transparency measures and the briefing are long overdue. Levin again said the TPP is the priority right now, not a timeline for TPA. “The key is the substance and not the clock. You have to get the substance right in order for the clock to work,” he said. “We’ve been pushing for more transparency for a long time. It’s getting better.” The USTR briefing, led by agency chief Michael Froman, focused significantly on questions surrounding the Vietnamese and Mexican, as well as Malaysian, ability to conform to U.S. preferences for labor rules in TPP, said Levink, the top House Democrat for trade. Levin said the TPP needs to meet the labor terms agreed to on May 10, 2007, referred to as the May 10th Agreement (here).

While some trade supporters say TPA passage would help produce the best offers from TPP parties, Levin rejected that argument. “A very useful way to give our trading partners confidence that USTR will deliver what they’re negotiating is to have Congress as an active participant in this effort,” said Levin. “The more they realize that Congress has been involved, not only informed, but involved, that will be a very important signal and sign.”

The briefing failed to change the minds of some fierce trade opponents. Rep. Rosa DeLauro, D-Conn., said the administration and Republican leadership in the House lack the necessary votes to pass a TPA bill. After Republicans made gains in the last mid-term, Speaker of the House John Boehner, R-Ohio, now can lose 28 in-conference votes on any legislation and it will still pass. Rep. Jan Schakowsky, D-Ill., said many questions remain, and labor issues involving Mexico and Vietnam are top priorities.

Rep. Alan Grayson, D-Fla., said the new transparency measures are “too little" and "too late.” “They’ve been negotiating these things for five years. Now at the last minute they want to give us that in order to try to placate some of the criticism. It’s clearly nowhere near what they ought to be doing,” said Grayson after he left the briefing. “The caucus members have voted with their feet. When the room empties, you’ll find fewer than 30 members who bothered to attend this meeting.”