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  • 6/3/2025
At a Senate Finance Committee hearing on Tuesday, Sen. Mike Crapo (R-ID) questioned Joseph Barloon, nominee to be a Deputy United States Trade Representative, about digital trade commitments.
Transcript
00:00and professionalism, and that I will work every day to serve as a faithful steward of that office
00:05who aims to build upon its strong foundations and pass it off stronger to its future leadership.
00:11Thank you again for your time today, and I look forward to your questions.
00:15Thank you, Mr. Morrissey. I'll start with you, Mr. Barloom.
00:20As USTR's former general counsel, you supervised U.S. litigation in the WTO dispute settlement system.
00:28It's not a perfect system, particularly because many disputes drag on for years,
00:33but it can be a useful tool, particularly for expanding agricultural market access.
00:40While I understand there's a need to reform WTO dispute settlement, we should not discount it as a tool altogether.
00:47If confirmed, would you support the United States pursuing offensive WTO cases where appropriate,
00:54particularly for America's agriculture industries?
00:58Thank you for that question, Chairman Crapo, and yes, most definitely I will do so.
01:06During my time in the first Trump administration, we did pursue disputes at the WTO.
01:14I don't believe there are disputes pursued more recently,
01:16but I certainly think that there is a role for the WTO dispute settlement system,
01:23particularly to gain access for our farmers and our businesses.
01:31And the prior administration abandoned key longstanding digital trade commitments
01:36in the e-commerce negotiations at the WTO.
01:39These included, one, promoting the free flow of data, two, combating forced data localization,
01:48three, preventing forced technology transfer, and four, promoting open competitive markets
01:55for digital goods and services.
01:57Can we expect to see the USTR actively promote these digital trade commitments at the WTO,
02:03particularly and especially given the policy vacuum that China and Russia will otherwise fill?
02:09Thank you for that question, Senator.
02:12Yes, I believe that advancing digital trade should be a key component of US trade policy,
02:19and I believe that there are many areas, such as the ones you mentioned,
02:23and then discriminatory policies of some of our trading partners regarding digital trade in our companies
02:31that need to be addressed at the WTO,
02:33and I very much would look forward to working with you in your office if I'm confirmed on that issue.
02:38Thank you very much.
02:40And, Ms. Dillon,
02:45the Democrats' Special Financial Assistance Program, which you referenced in your testimony,
02:50provided nearly $90 billion to pay for failing multi-employer plans
02:55without requiring any reforms to how those plans operate.
03:00As a result, the shortcomings of the multi-employer system remain.
03:05Although the PBGC does not create policy,
03:08Congress does rely on the PBGC for technical assistance,
03:12and this committee would value your insight.
03:15Can you discuss the changes Congress should consider, in your opinion,
03:19to strengthen the multi-employer pension system?
03:23Well, thank you, Senator, for that question,
03:25and I agree with your statement that the Special Financial Assistance Program,
03:31while it certainly provided benefits to the members of those multi-employer plans
03:38that were in critical financial condition,
03:40what it didn't do was address the overall structural issues
03:45with the multi-employer pension plan system.
03:48And so while the programs that qualify for the Special Financial Assistance
03:53have received funds,
03:56there is still an issue of the remaining program.
04:00And so if I am confirmed,
04:02I would want to work with the experts at the PBGC
04:06to provide input and technical assistance
04:09to the policy makers in Congress
04:10to address the continuing issues
04:14with the multi-employer pension plan system.
04:17Thank you very much.
04:18And Mr. Morrissey,
04:20in your role as Deputy General Counsel
04:23during the first Trump administration,
04:26you undoubtedly became very involved
04:28in what we now fondly call the TCJA,
04:31Tax Cuts and Jobs Act,
04:33which is going to expire at the end of this year
04:36if we do not extend it.
04:40You advised leaders across the department
04:43on a broad range of legal issues
04:44that arise from the many important programmatic
04:47and policy responsibilities
04:48that Congress has entrusted to the department
04:51in that law as well as others.
04:53Can you please discuss how your experience
04:56in the first administration will help you
04:58as you advise Treasury personnel
04:59on regulations and guidance
05:01related to this forthcoming tax legislation?
05:03Yes, Chairman Crapo, thank you for the question.
05:07I think it's important in any year
05:09when Congress is considering tax legislation,
05:12as you mentioned in TCJA
05:13and the potential negotiations that are going on now,
05:16that the legal division of Treasury
05:18is working proactively with the IRS
05:20and the Office of Tax Policy,
05:22that if there is new legislation passed,
05:24we're working with them to get rules and guidance out
05:27that are appropriate for taxpayers and their preparers,
05:30and that we're doing it swiftly
05:31so that, you know, preparers can rely on that
05:34in the next tax season.
05:36Thank you very much.
05:37Senator Wyden.

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