[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2611 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2611

To make bills implementing trade agreements subject to a point of order 
       unless certain conditions are met, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 7 (legislative day, February 6), 2008

   Mr. Dorgan (for himself, Mr. Brown, and Mr. Casey) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 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 
        how the trade agreement has resulted in meeting the benchmarks 
        described in paragraph (1).
            (3) Contents and conclusions of report.--The International 
        Trade Commission shall determine in any report required by this 
        section regarding an agreement whether the benchmarks and 
        predictions described in paragraph (1)(B) (i) and (ii) have 
        been met with respect to that agreement.
    (c) Point of Order in Senate.--The Senate shall cease consideration 
of a bill to implement a trade agreement, if--
            (1) a point of order is made by any Senator against any 
        bill implementing a trade agreement that is not accompanied by 
        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
            (2) the point of order is sustained by the Presiding 
        Officer.
    (d) Withdrawal of Approval.--
            (1) In general.--The approval of Congress, provided in a 
        bill to implement a trade agreement, shall cease to be 
        effective if, and only if, a report described in subsection (b) 
        indicates that the benchmarks and predictions made in 
        connection with the agreement are not being met and 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 1-year 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 1-year 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 1-year 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 withdraws its approval, 
        provided under section __ of the ___________, of the ______ 
        Agreement.'', with the first blank space being filled with the 
        section of the Act implementing and approving the applicable 
        agreement, the second blank space being filled with the name of 
        the Act implementing and approving the agreement, and the third 
        blank space being filled with the title of the 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.
                                 <all>