I 
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) intro-
duced 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 consider-
ation 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 Representa-
tives 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’’. 
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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 pro-
vision of law, any bill implementing a trade agreement be-
tween the United States and another country shall be sub-
ject to a point of order pursuant to subsection (c) unless 
the bill— 
(1) is accompanied by a statement of the bench-
marks described in subsection (b)(1) and that state-
ment 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 implementa-
tion of the agreement will have on the United 
States economy. 
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(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 ex-
isting jobs that will be lost, and the ex-
pected 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 agree-
ment 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 ex-
tent 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, particu-
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larly 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 para-
graph (1). 
(c) POINT OF ORDER.— 
(1) IN SENATE.—The Senate shall cease consid-
eration of a bill to implement a trade agreement, 
if— 
(A) a point of order is made by any Sen-
ator against any bill implementing a trade 
agreement that is not accompanied by a state-
ment regarding the benchmarks to be achieved 
by the agreement or does not contain the re-
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porting 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 agree-
ment or does not contain the reporting provi-
sions regarding the benchmarks described in 
subsection (b). 
(B) SUPERMAJORITY WAIVER.—This para-
graph 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 sub-
section (b) indicates that the benchmarks and pre-
dictions made in connection with a trade agreement 
are not being met— 
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(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 with-
drawal of the United States from the agree-
ment, 
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 
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to override that veto on or before the later 
of the last day of the 180-day period re-
ferred 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 Con-
gress 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 re-
ferred 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 fol-
lows: ‘‘That Congress waives the requirements of 
section 2(d)(1) of the Trade Agreement Benchmarks 
and 
Accountability 
Act 
with 
respect 
to 
the 
llllll Agreement.’’, with the blank space 
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being filled with the title of the applicable agree-
ment. 
(2) PROCEDURES.— 
(A) INTRODUCTION AND REFERRAL.— 
(i) HOUSE
OF
REPRESENTATIVES.— 
Joint Resolutions in the House of Rep-
resentatives— 
(I) may be introduced by any 
Member of the House; 
(II) shall be referred to the Com-
mittee on Ways and Means and, in 
addition, to the Committee on Rules; 
and 
(III) may not be amended by ei-
ther Committee. 
(ii) SENATE.—Joint Resolutions in 
the Senate— 
(I) may be introduced by any 
Member of the Senate; 
(II) shall be referred to the Com-
mittee 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 Represent-
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atives 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 Fi-
nance. 
(C) 
APPLICATION
OF
OTHER
PROVI-
SIONS.—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 res-
olutions under such section. 
(3) RULES
OF
HOUSE
OF
REPRESENTATIVES 
AND SENATE.—This subsection is enacted by Con-
gress— 
(A) as an exercise of the rulemaking power 
of the House of Representatives and the Sen-
ate, respectively, and as such is deemed a part 
of the rules of each House, respectively, and 
such procedures supersede other rules only to 
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the extent that they are inconsistent with such 
other rules; and 
(B) with the full recognition of the con-
stitutional 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. 
Æ 
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