[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6148 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6148
To make bills implementing trade agreements subject to a point of order
unless certain conditions are met, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2008
Mr. DeFazio (for himself, Mr. Taylor, Ms. Kaptur, Mr. Melancon, Mr.
Costello, Mr. Lewis of Georgia, Mr. Marshall, Mr. Michaud, Mr. Hinchey,
Mrs. Boyda of Kansas, Ms. Woolsey, and Mr. Hare) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To make bills implementing trade agreements subject to a point of order
unless certain conditions are met, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Agreement Benchmarks and
Accountability Act''.
SEC. 2. LIMITATIONS ON BILLS IMPLEMENTING TRADE AGREEMENTS.
(a) In General.--Notwithstanding section 151 of the Trade Act of
1974 (19 U.S.C. 2191) or any other provision of law, any bill
implementing a trade agreement between the United States and another
country shall be subject to a point of order pursuant to subsection (c)
unless the bill--
(1) is accompanied by a statement of the benchmarks
described in subsection (b)(1) and that statement is approved
as part of the implementing bill; and
(2) contains the reporting provisions described in
subsection (b)(2).
(b) Benchmarks and Reporting Provisions.--
(1) Benchmarks.--
(A) In general.--Each bill implementing a trade
agreement shall be accompanied by a statement that
contains benchmarks described in subparagraph (B) and
predictions made by the International Trade Commission,
the United States Trade Representative, and other
Federal agencies, of the impact the implementation of
the agreement will have on the United States economy.
(B) Description of benchmarks.--The benchmarks
described in this subparagraph are as follows:
(i) An estimate of the number of new jobs
that will be created, the number of existing
jobs that will be lost, and the expected net
effect on job creation in the United States as
a result of the agreement. The estimate shall
include the number and type of the new jobs
that will be created and lost.
(ii) An assessment and quantitative
analysis of the extent to which the agreement
will result in an improvement in wages for
workers in the United States.
(iii) An assessment and quantitative
analysis of how each country that is a party to
the agreement is implementing and enforcing the
labor and environmental standards that are part
of the agreement.
(iv) A quantitative analysis of the extent
to which the agreement will result in an
increase in the access by United States
businesses to the market of each country that
is a party to the agreement, particularly those
sectors identified by the United States Trade
Representative as of special importance with
respect to the agreement.
(2) Reporting provisions.--The reporting provisions
described in this subsection are that each bill implementing a
trade agreement shall contain a requirement that not later than
5 years after the date the agreement enters into force with
respect to the United States, and every 5 years thereafter, the
International Trade Commission shall submit to Congress a
report that provides an assessment and quantitative analysis of
whether and the extent to which the trade agreement has
resulted in meeting the benchmarks and predictions described in
paragraph (1).
(c) Point of Order.--
(1) In senate.--The Senate shall cease consideration of a
bill to implement a trade agreement, if--
(A) a point of order is made by any Senator against
any bill implementing a trade agreement that is not
accompanied by a statement regarding the benchmarks to
be achieved by the agreement or does not contain the
reporting provisions regarding the benchmarks described
in subsection (b); and
(B) the point of order is sustained by the
Presiding Officer.
(2) In house.--
(A) In general.--It shall not be in order in the
House of Represenateives to consider a bill to
implement a trade agreement if the bill is not
accompanied by a statement regarding the benchmarks to
be achieved by the agreement or does not contain the
reporting provisions regarding the benchmarks described
in subsection (b).
(B) Supermajority waiver.--This paragraph may be
waived or suspended in the House of Representatives
only be an affirmative vote of two-thirds of the
Members, duly chosen and sworn.
(d) Withdrawal of Approval.--
(1) In general.--If a report described in subsection (b)
indicates that the benchmarks and predictions made in
connection with a trade agreement are not being met--
(A) the approval of Congress, provided in a bill to
implement the trade agreement, shall cease to be
effective, and
(B) not later than 180 days after the date on which
Congress receives the report, the President shall
provide written notice of withdrawal of the United
States from the agreement,
unless a joint resolution described in subsection (e) is
enacted into law pursuant to the provisions of subsection (e)
and paragraph (2).
(2) Procedural provisions.--
(A) In general.--The requirements of this paragraph
are met if the joint resolution is enacted under
subsection (e), and--
(i) Congress adopts and transmits the joint
resolution to the President before the end of
the 180-day period (excluding any day described
in section 154(b) of the Trade Act of 1974 (19
U.S.C. 2194(b)), beginning on the date on which
Congress receives a report described in
subsection (b); and
(ii) if the President vetoes the joint
resolution, each House of Congress votes to
override that veto on or before the later of
the last day of the 180-day period referred to
in clause (i) or the last day of the 15-day
period (excluding any day described in section
154(b) of the Trade Act of 1974) beginning on
the date on which Congress receives the veto
message from the President.
(B) Introduction.--A joint resolution to which this
section applies may be introduced at any time on or
after the date on which the International Trade
Commission transmits to Congress a report described in
subsection (b), and before the end of the 180-day
period referred to in subparagraph (A)(i).
(e) Joint Resolutions.--
(1) Joint resolutions.--For purposes of this section, the
term ``joint resolution'' means only a joint resolution of the
2 Houses of Congress, the matter after the resolving clause of
which is as follows: ``That Congress waives the requirements of
section 2(d)(1) of the Trade Agreement Benchmarks and
Accountability Act with respect to the ______ Agreement.'',
with the blank space being filled with the title of the
applicable agreement.
(2) Procedures.--
(A) Introduction and referral.--
(i) House of representatives.--Joint
Resolutions in the House of Representatives--
(I) may be introduced by any Member
of the House;
(II) shall be referred to the
Committee on Ways and Means and, in
addition, to the Committee on Rules;
and
(III) may not be amended by either
Committee.
(ii) Senate.--Joint Resolutions in the
Senate--
(I) may be introduced by any Member
of the Senate;
(II) shall be referred to the
Committee on Finance; and
(III) may not be amended.
(B) Consideration by committees.--
(i) House of representatives.--It is not in
order for the House of Representatives to
consider any resolution that is not reported by
the Committee on Ways and Means and, in
addition, by the Committee on Rules.
(ii) Senate.--It is not in order for the
Senate to consider any resolution that is not
reported by the Committee on Finance.
(C) Application of other provisions.--The
provisions of section 152 (c), (d), and (e) of the
Trade Act of 1974 (19 U.S.C. 2192 (c), (d), and (e))
(relating to discharge of committees and floor
consideration of certain resolutions in the House and
Senate) shall apply to joint resolutions under this
section to the same extent as such provisions apply to
resolutions under such section.
(3) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such is deemed a part of the rules of each
House, respectively, and such procedures supersede
other rules only to the extent that they are
inconsistent with such other rules; and
(B) with the full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedures of that House) at any time,
in the same manner and to the same extent as any other
rule of that House.
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