II 110th CONGRESS 2d Session S. 2611 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.

1.

Short title

This Act may be cited as the Trade Agreement Benchmarks and Accountability Act.

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.