I
110th CONGRESS
2d Session
H. R. 6148
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.
Short title
This Act may be cited as the
Trade Agreement Benchmarks and
Accountability Act
.
Limitations On Bills Implementing Trade Agreements
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—
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
contains the reporting provisions described in subsection (b)(2).
Benchmarks and reporting provisions
Benchmarks
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.
Description of benchmarks
The benchmarks described in this subparagraph are as follows:
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.
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.
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.
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.
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).
Point of Order
In Senate
The Senate shall cease consideration of a bill to implement a trade agreement, if—
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
the point of order is sustained by the Presiding Officer.
In House
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).
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.
Withdrawal of approval
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—
the approval of Congress, provided in a bill to implement the trade agreement, shall cease to be effective, and
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,
Procedural provisions
In general
The requirements of this paragraph are met if the joint resolution is enacted under subsection (e), and—
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
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.
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).
Joint resolutions
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.
Procedures
Introduction and referral
House of Representatives
Joint Resolutions in the House of Representatives—
may be introduced by any Member of the House;
shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and
may not be amended by either Committee.
Senate
Joint Resolutions in the Senate—
may be introduced by any Member of the Senate;
shall be referred to the Committee on Finance; and
may not be amended.
Consideration by committees
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.
Senate
It is not in order for the Senate to consider any resolution that is not reported by the Committee on Finance.
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.
Rules of House of Representatives and Senate
This subsection is enacted by Congress—
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
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.