TRADE
China PNTR
President Clinton signed the China PNTR bill. But even as he was doing
so, he was sending USTR Charlene Barshefsky to Beijing to nudge the Chinese
to complete its agreements to join the World Trade Organization (WTO).
Talks are stalled as China has backpedaled on details of its trade accords
with the US and other nations. A delay could push China's admittance into
the WTO until next year.
The remaining steps for China's accession include: 1) China concluding
a bilateral agreement with Mexico; 2) consolidating negotiations with individual
countries into one comprehensive schedule of commitments regarding tariffs,
services and agriculture; and 3) agreement on the Working Party Report
that sets its terms of entry and includes changes to China's legal regime
that would make it possible for China to implement the trade concessions.
The agreement with the US, together with a parallel deal clinched with
the European Union, obligates China to slash tariffs on imports to an average
of 9% by 2005, down from about 25% now.
A recurring problem in the negotiations is China's insistence that it
be treated as a developing country. (The WTO provides special and differential
treatment for such nations.) Washington is willing to consider China's
status on a case-by-base basis, depending upon the issue. But it is unwilling
to grant developing country privileges across the board.
However, the most potentially explosive disagreement involves Taiwan's
eventual WTO membership, and how exactly the country will be referred to
in the WTO documents. Beijing wants Taiwan labeled part of China; Washington
has refused.
Assistant USTR Legislation
Congressman Donald Manzullo (R-IL) introduced a bill (HR 5145) creating
a new position for an Assistant USTR for Small Business. The primary function
of the Assistant would be to promote the trade interests of small businesses;
remove foreign trade barriers that impede small business exporters; and
enforce existing trade agreements beneficial to small businesses.
ENVIRONMENTAL/REGULATORY
Ergonomics Regulation
On November 13, OSHA signed its final rule concerning ergonomics regulations
that takes effect January 16, 2001 ? just in time to meet the 60-day deadline
before the inauguration of the next president. Businesses have until October
2001 to comply.
The small business community had several concerns with the proposed
rule, including a price tag in the millions for small business owners and
confusing language in the rule itself. These companies had recommended
a nonregulatory approach that would have provided information and education
to small businesses so that they could prevent these injuries.
In response, the National Association of Manufacturers (NAM), the US
Chamber of Commerce, the National Coalition of Ergonomics, and numerous
trade associations, filed lawsuits challenging the rule. Additionally,
some Members of Congress have already stated their intention to submit
the rule to the Congressional Review Act (CRA) that allows Congress to
invalidate a regulation within 60 legislative days after its issuance.
This will be done some time in April.
To receive a hard copy of the rule (comprising almost 800 pages), call
the OSHA Ergonomics Team at 202-693-2116. The next issue of WireLine will
include a detailed summary of the rule.
Kyoto Agreement/Other Regs
The president has signed the VA/HUD appropriations bill which contained
three important environmental provisions: 1) language restricting backdoor
implementation of the Kyoto global climate protocol; 2) a ban on EPA air
non-attainment designations until the Supreme Court reviews the legality
of EPA's 8-hour ozone standards; and 3) a directive for the National Academy
of Sciences to report on the quality and science used by EPA in its clean
water Total Maximum Daily Loads (TMDL) program.
In a related note, the Clinton Administration is proposing that carbon
dioxide absorbed by US forest and agricultural lands be counted toward
the amount of greenhouse gas reductions required under the Kyoto treaty.
The administration is hoping that this approach will make the protocol
more acceptable to the US Senate, which has yet to ratify it.
OTHER LEGISLATION
Patients' Bill of Rights
Because Congress failed to adopt a Patients' Bill of Rights bill, the
White House issued its own set of regulations to tighten federal regulations
of private health care plans. The rules would expand the rights of more
than 130 million Americans receiving health insurance through private employers,
and would create procedures to help them appeal denials of benefits within
health plans, set deadlines for such denials, and specify information that
plans must provide.
In addition, patients who feel they have been improperly denied benefits
are entitled to a prompt full and fair review by independent medical experts.
Under the Administration's proposal, all private employee benefit plans
would have to modify their policies to comply with these rules. These new
regulations take effect in January 2002.
Congressional Oversight of Regs
A revised Truth in Regulating Act passed both the House and Senate,
and was signed by President Clinton. The bill calls on the General Accounting
Office (the watchdog of arm of Congress) to evaluate economically significant
rules (those estimated to cost more than $100 million to implement).
After a major rule is proposed, the Chairman and Ranking Members of
Congressional committees with jurisdiction over the agency proposing the
rule has the authority to request a GAO study. The GAO would check to see
how the cost-benefit analysis was done, evaluate the agency's data and
research the viability of any alternatives. Under the three-year pilot
program, the GAO would have 180 days to complete its report on each rule
and send it to Congress.
Potentially, Congress could ask for evaluations of over 100 rules that
are issued annually and an additional 200 that might affect small businesses,
including the ergonomics rule.
Back to Wireline Contents
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