Posted on 06/12/2015 4:36:52 PM PDT by concernedcitizen76
Excerpt:
In the United States, this means the L-1 intra-company transferee, B-1 business visitor visa programs, and any other applicable visa programs could be used to permit temporary employees from abroad to work in the United States, and no economic needs tests (i.e., testing the labor market) could ever be imposed by Congress. To translate, that means that foreign firms would not be required to advertise jobs to U.S. workers, or to hire U.S. workers if they were equally or better qualified for job openings in their own country. (It should be noted that the L-1 is already restricted in this way, as a result of the United States’ commitments under the General Agreement on Trade and Tariffs (GATS).) These visa programs are already under-regulated and abused by employers, but since neither the L-1 nor the B-1 visa program is numerically limited by law, this means that potentially hundreds of thousands of workers could enter the United States every year to work in these 38 sectors.
This is worrying and problematic, not because there shouldn’t be any foreign competition from service-providing companies in the United States, but because the competitive advantage foreign companies will get from TiSA is the ability to provide cheaper services by importing much cheaper labor to supplant American workers. They’ll do this by paying their workers the much lower salaries they would earn in their home countries (as they often already do in the L-1 and B-1 visa programs), and the United States might even be prohibited in future from imposing minimum or prevailing wage standards (at present, neither the L-1 or B-1 visa program has a minimum or prevailing wage rule).
There is clear precedent for this. The multilateral GATS agreement, to which the United States is a party, includes limits on the U.S. government’s ability to change the rules on H-1B and L-1 guestworker visas. That’s why when Congress wants to raise visa fees, as they did in 2010, the Indian government cries foul and threatens to formally complain to the World Trade Organization. The U.S.-Chile and U.S.-Singapore trade deals also included new guestworker programs similar to the H-1B and constraints on the U.S. government’s ability to set rules on L-1 intracompany transfers.
The TiSA draft annex on Movement of Natural Persons would also likely restrict the ability of the current and future administrations to continue some of the basic immigration procedures it currently follows, such as requiring an in-person interview with L-1 applicants. The draft treaty might even prohibit common sense legislative proposals that Congress has considered over the past few years, including minimum wage rules for companies seeking to hire guestworkers in the L-1 visa program. This is particularly disturbing since the L-1 visa program has been a primary vehicle to facilitate the offshoring of high wage jobs and for replacing American workers with cheaper guestworkers.
TiSA has been written in secret by and for major corporations that will benefit greatly if it becomes law. If the House of Representatives grants the Obama administration the fast-track trade promotion authority it seeks, the authority will be valid for six years, which means TiSA (like TPP) would also get an up-or-down vote in Congress without any amendments—making it very likely to pass and become law without the necessary democratic deliberations on immigration that such major changes should have. The leaked TiSA text makes it clear that contrary to the claims by proponents of fast-track trade promotion authority, the reality is that those voting for fast track are ceding key powers to make immigration law and policy to an unelected group of corporations and foreign governments.
Trade in Services Agreement (TiSA) was slipped into the fast track legislation. TPP is a Trojan Horse, but TiSA and TTip are Trojan Horses within the Trojan Horse. So super secret is TISA, the text apparently cannot be made public until five years after passage. Notwithstanding, Wikileaks bravely exposed 17 sections of the document which are the basis for this article.
Let’s just wait until the next administration and Congress settles in next Jan 2017. Cut the fast track this, and secret that...just table the whole thing until then.
What’s wrong with that?
Good grief.
Looks like they will keep trying until they get it. They’re not going to give this up
Just maybe, eventually, people will realize that it is too late to save the US as a sovereign nation by having elections.
Reality, once acknowledged is gonna be painful.
A Note to Conservatives on Trade Agreements
Senator Cruz entirely understands the widespread suspicion of the President. Nobody has been more vocal in pointing out the President’s lawlessness or more passionate about fighting his usurpation of congressional authority.
Senator Cruz would not and will not give President Obama one more inch of unrestricted power.
There have been a lot of questions and concerns about the ongoing Pacific trade negotiations. Many of those concerns, fueled by the media, stem from confusion about Trade Promotion Authority (TPA) and the proposed Trans-Pacific Partnership (TPP). Let’s unpack the issues one by one.
What are TPA and TPP?
TPA stands for Trade Promotion Authority, also known as “fast track”. TPA is a process by which trade agreements are approved by Congress. Through TPA, Congress sets out up-front objectives for the Executive branch to achieve in free trade negotiations; in exchange for following those objectives, Congress agrees to hold an up-or-down vote on trade agreements without amendments. For the past 80 years, it has proven virtually impossible to negotiate free-trade agreements without the fast-track process.
TPP stands for Trans-Pacific Partnership. TPP is a specific trade agreement currently being negotiated by the United States and 11 other countries, including Canada, Japan, Australia, and New Zealand. China is not a negotiating partner. There is no final language on TPP because negotiations are still ongoing and have been since late 2009. Neither the Senate nor the House has voted yet on the TPP. There will be no vote on TPP until the negotiations are over and the final agreement is sent to Congress.
Some Key Facts:
· Neither the Senate nor the House has voted yet on the TPP.
· Congress is the only entity that can make U.S. law and nothing about TPP or TPA could change that.
· TPA gives the Congress more control up-front over free trade agreements.
· TPA mandates transparency by requiring all trade agreements (including TPP) to be made public for at least 60 days before the Congress can act on them.
Does TPA give up the Senate’s treaty power?
No. Under the Constitution, there are two ways to make binding law: (1) through a treaty, ratified by two-thirds of the Senate, or (2) through legislation passed by a majority of both Houses of Congress. TPA employs the second constitutional path, as trade bills always have done. It has long been recognized that the Constitution’s Origination Clause applies to trade bills, requiring the House of Representatives’ involvement.
Does the United States give up Sovereignty by entering into TPP?
No. Nothing in the agreement forces Congress to change any law. TPA explicitly provides that nothing in any trade agreement can change U.S. law. Congress is the only entity that can make U.S. law, and Congress is the only entity that can change U.S. law. Nothing about TPP or TPA could change that.
Does Senator Ted Cruz support TPP?
Senator Cruz has not taken a position either in favor or against TPP. He will wait until the agreement is finalized and he has a chance to study it carefully to ensure that the agreement will open more markets to American-made products, create jobs, and grow our economy. Senator Cruz has dedicated his professional career to defending U.S. sovereignty and the U.S. Constitution. He will not support any trade agreement that would diminish or undermine either.
Does Senator Ted Cruz support TPA?
Yes. Senator Cruz voted in favor of TPA earlier this year because it breaks the logjam that is preventing the U.S. from entering into trade deals that are good for American workers, American businesses, and our economy. Ronald Reagan emphatically supported free trade, and Senator Cruz does as well. He ran for Senate promising to support free trade, and he is honoring that commitment to the voters.
Free trade helps American farmers, ranchers, and manufacturers; indeed, one in five American jobs depends on trade, in Texas alone 3 million jobs depend on trade. When we open up foreign markets, we create American jobs.
TPA also strengthens Congress’ hand in trade negotiations, and provides transparency by making the agreement (including TPP) public for at least 60 days before the Congress can act on any final agreement. Without TPA, there is no such transparency, and the Congress’ role in trade agreements is weaker.
Is TPA Constitutional?
TPA and similar trade authority has been upheld by the Supreme Court as constitutional for more than 100 years.
Does TPA give the President more authority?
No. TPA ensures that Congress has the ability to set the objectives up-front for free trade agreements.
Trade Promotion Authority has been used to reduce trade barriers since FDR. When Harry Reid took over the Senate, he killed it. History demonstrates that it is almost impossible to negotiate a free-trade agreement without TPA. Right now without TPA, America is unable to negotiate free-trade agreements, putting the United States at a disadvantage to China, which is taking the lead world-wide. It is not in America’s interests to have China writing the rules of international trade.
Moreover, Obama is going to be president for just 18 more months. TPA is six-year legislation. If we want the next president (hopefully a Republican) to be able to negotiate free-trade agreements to restart our economy and create jobs here at home then we must reinstate TPA. With a Republican president in office, Senate Democrats would almost certainly vote party-line to block TPA, so now is the only realistic chance.
How can Senator Cruz trust Obama?
He doesn’t. Not at all. No part of Senator Cruz’s support for TPA was based on trusting Obama. However, under TPA, every trade deal is still subject to approval by Congress. If the Obama Administration tries to do something terrible in a trade agreement, Congress can vote it down. And most congressional Democrats will always vote no—because union bosses oppose free trade, so do most Democrats—which means a handful of conservative congressional Republicans have the votes to kill any bad deal. That’s a serious check on presidential power.
Isn’t TPP a “living agreement”?
That particular phrase—a foolish and misleading way to put it—is found in the “summary” portion of one particular section of the draft agreement. That section allows member nations to amend the agreement in the future, expressly subject to the approval of their governments. Thus, if some amendment were proposed in the future, Congress would have to approve it before it went into effect.
But isn’t TPA a secret agreement?
No, it is not. The full text of TPA (fast track) is public. What the Senate just voted for was TPA, not TPP.
Right now, the text of TPP is classified. That is a mistake. Senator Cruz has vigorously called on the Obama administration to make the full text of TPP open to the public immediately. The text being hidden naturally only fuels concerns about what might be in it. Senator Cruz has read the current draft of TPP, and it should be made public now.
Critically, under TPA, TPP cannot be voted on until after the text has been public for 60 days. Therefore, everyone will be able to read it long before it comes up for a vote.
Couldn’t Obama use a trade agreement to grant amnesty to illegal immigrants?
No. There is one section of TPP that concerns immigration, but it affects only foreign nations—the United States has explicitly declined to sign on to that section.
Moreover, Senator Cruz introduced a TPA amendment to expressly prohibit any trade deal from attempting to alter our immigration laws. [LINK to release.]
Two Republican Senators (Lindsey Graham and Rand Paul) blocked the Senate’s consideration of that amendment, but the House of Representatives has agreed to include that language in the final text of the trade legislation. Thus, assuming the House honors that public commitment, federal law will explicitly prohibit any trade deal from impacting immigration.
And, regardless, no trade agreement can change U.S. law; only Congress can change U.S. law.
Everyone had better start writing letters to the editor demanding attention to this matter in the editorial columns.
Call your local radio shows and get the word out to your friends and neighbors.
There is clear precedent for this. The multilateral GATS agreement, to which the United States is a party, includes limits on the U.S. government’s ability to change the rules on H-1B and L-1 guestworker visas. That’s why when Congress wants to raise visa fees, as they did in 2010, the Indian government cries foul and threatens to formally complain to the World Trade Organization. The U.S.-Chile and U.S.-Singapore trade deals also included new guestworker programs similar to the H-1B and constraints on the U.S. government’s ability to set rules on L-1 intracompany transfers.
That’s too much the sane transparent approach consistent with what the Founders crafted into our Constitution.
Since when are treaties not required to have 2/3rd consent of the Senate as mandated in the Constitution? This TPA stable of Trojan Horses require only up or down simple majority votes that can’t be filibustered. Transparency and openness are the last things they want because the people would revolt as the releases by Wikileaks have demonstrated.
Congress is about as honest as a crooked casino with the Roulette wheels weighted and professional card sharks acting as dealers. That suits the career politicians and bureaucrats in DC just fine.
Has Obama done anything good while in office?
Yess. He has caused:
Us to no lon longer trust our government blindly
More people to go back to church
More people to be patriotic
Greater appreciation for our Constitution
More people to become patriots
More people people to believe that Satan exists
Made gun and ammo sales spike
Created the Tea Party
Separated the wheat from the chaff in regard to identifying who our friends and enemies are...i.e. who are friends and who are foes
Has Obama done anything good while in office?
Yess. He has caused:
Us to no longer trust our government blindly
More people to go back to church
More people to be patriotic
Greater appreciation for our Constitution
More people to become patriots
More people people to believe that Satan exists
Made gun and ammo sales spike
Created the Tea Party
Separated the wheat from the chaff in regard to identifying who our friends and enemies are...i.e. who are friends and who are foes
The Uniparty has pretty much given us no-choice elections.
It’s been amnesty candidate D vs amnesty candidate R since the last amnesty.
I noticed the census forms changed way back to make me a non-hispanic white.
This invasion/cheap labor importation/colonization has been in the planning for decades.
We will not be allowed to vote our way out.
Believe Jeff Sessions not Ted “Turncoat” Cruz. That’s a gallant effort by the wiggler Cruz to save his scorched political hide, but he’s now part of the problem, not the solution. These are treaties. They may call them something else, but they’re still treaties that willl have enormous impact upon the lives of every American for years to come. A 2/3rd approval by the Senate is mandated by the Constitiution. These secret negotiations (treaties) would pass by a simple majority, up or down vote. No amnendments, no filibuster allowed. Oh, the fix isn’t in? lol
Cruz should go back to Canada. We don’t need another double talking Harvard grad foreigner in the White House.
“We don’t need another double talking Harvard grad foreigner in the White House.”
Not to worry. At this point the only way we’ll ever end up with a President Cruz will be if the actress Penelope takes a sudden interest in American politics.
Do you Cruz cultists understand the American public Hate this massive takeover of our country.
We want this monster killed not salvaged.
The man is a Traitor.
He has sold out the American worker for his Billionaire donors .
Cruz wants thousand of H-1 Visas for his Billionaire big donor pal who owns the semiconductor business in Austin TX.
Cruz should be filibustering this Evil Anti American phony Amnesty Bill .
The whole scheme needs to be Killed Off .
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I had no idea of that, but that doesn’t make their analysis wrong. My search engine doesn’t filter out all but conservative sites. Truth is where you find it. Down with the Inquisition.
So you’re not concerned that your arguments are coming from the Hard Left as long as they’re singing your song? Got it!
Anytime you’re ready to make a road trip to Texas let me know. I’m your Huckleberry, crippled or not.
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