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Mike Crapo Questions Deputy Trade Rep Nom About Upholding Digital Trade Commitments
Forbes Breaking News
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6/4/2025
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.
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00:00
and professionalism, and that I will work every day to serve as a faithful steward of that office
00:05
who aims to build upon its strong foundations and pass it off stronger to its future leadership.
00:11
Thank you again for your time today, and I look forward to your questions.
00:15
Thank you, Mr. Morrissey. I'll start with you, Mr. Barloom.
00:20
As USTR's former general counsel, you supervised U.S. litigation in the WTO dispute settlement system.
00:28
It's not a perfect system, particularly because many disputes drag on for years,
00:33
but it can be a useful tool, particularly for expanding agricultural market access.
00:40
While I understand there's a need to reform WTO dispute settlement, we should not discount it as a tool altogether.
00:47
If confirmed, would you support the United States pursuing offensive WTO cases where appropriate,
00:54
particularly for America's agriculture industries?
00:58
Thank you for that question, Chairman Crapo, and yes, most definitely I will do so.
01:06
During my time in the first Trump administration, we did pursue disputes at the WTO.
01:14
I don't believe there are disputes pursued more recently,
01:16
but I certainly think that there is a role for the WTO dispute settlement system,
01:23
particularly to gain access for our farmers and our businesses.
01:31
And the prior administration abandoned key longstanding digital trade commitments
01:36
in the e-commerce negotiations at the WTO.
01:39
These included, one, promoting the free flow of data, two, combating forced data localization,
01:48
three, preventing forced technology transfer, and four, promoting open competitive markets
01:55
for digital goods and services.
01:57
Can we expect to see the USTR actively promote these digital trade commitments at the WTO,
02:03
particularly and especially given the policy vacuum that China and Russia will otherwise fill?
02:09
Thank you for that question, Senator.
02:12
Yes, I believe that advancing digital trade should be a key component of US trade policy,
02:19
and I believe that there are many areas, such as the ones you mentioned,
02:23
and then discriminatory policies of some of our trading partners regarding digital trade in our companies
02:31
that need to be addressed at the WTO,
02:33
and I very much would look forward to working with you in your office if I'm confirmed on that issue.
02:38
Thank you very much.
02:40
And, Ms. Dillon,
02:45
the Democrats' Special Financial Assistance Program, which you referenced in your testimony,
02:50
provided nearly $90 billion to pay for failing multi-employer plans
02:55
without requiring any reforms to how those plans operate.
03:00
As a result, the shortcomings of the multi-employer system remain.
03:05
Although the PBGC does not create policy,
03:08
Congress does rely on the PBGC for technical assistance,
03:12
and this committee would value your insight.
03:15
Can you discuss the changes Congress should consider, in your opinion,
03:19
to strengthen the multi-employer pension system?
03:23
Well, thank you, Senator, for that question,
03:25
and I agree with your statement that the Special Financial Assistance Program,
03:31
while it certainly provided benefits to the members of those multi-employer plans
03:38
that were in critical financial condition,
03:40
what it didn't do was address the overall structural issues
03:45
with the multi-employer pension plan system.
03:48
And so while the programs that qualify for the Special Financial Assistance
03:53
have received funds,
03:56
there is still an issue of the remaining program.
04:00
And so if I am confirmed,
04:02
I would want to work with the experts at the PBGC
04:06
to provide input and technical assistance
04:09
to the policymakers in Congress
04:10
to address the continuing issues
04:14
with the multi-employer pension plan system.
04:17
Thank you very much.
04:18
And Mr. Morrissey,
04:20
in your role as Deputy General Counsel
04:23
during the first Trump administration,
04:26
you undoubtedly became very involved
04:28
in what we now fondly call the TCJA,
04:31
Tax Cuts and Jobs Act,
04:33
which is going to expire at the end of this year
04:36
if we do not extend it.
04:40
You advised leaders across the department
04:43
on a broad range of legal issues
04:44
that arise from the many important programmatic
04:47
and policy responsibilities
04:48
that Congress has entrusted to the department
04:51
in that law as well as others.
04:53
Can you please discuss how your experience
04:56
in the first administration will help you
04:58
as you advise Treasury personnel on regulations
05:00
and guidance related to this forthcoming tax legislation?
05:05
Yes, Chairman Crapo, thank you for the question.
05:07
I think it's important in any year
05:09
when Congress is considering tax legislation,
05:12
as you mentioned in TCJA
05:13
and the potential negotiations that are going on now,
05:16
that the legal division of Treasury
05:18
is working proactively with the IRS
05:20
and the Office of Tax Policy,
05:22
that if there is new legislation passed,
05:24
we're working with them to get rules and guidance out
05:27
that are appropriate for taxpayers
05:29
and their preparers
05:30
and that we're doing it swiftly
05:31
so that preparers can rely on that
05:34
in the next tax season.
05:36
Thank you very much.
05:37
Senator Wyden.
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