I 

109TH CONGRESS 

2D SESSION H. R. 4812 

To provide greater accountability in reviewing the national security 

considerations of free trade agreements. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2006 

Mr. BROWN of Ohio (for himself, Mr. MICHAUD, Mr. STRICKLAND, Ms. LEE, 

Mr. GRIJALVA, and Mr. HOLDEN) 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 provide greater accountability in reviewing the national 

security considerations of free trade agreements. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Trade-Related Amer5 ican National Security Enhancement and Accountability 

6 Act’’. 


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1 SEC. 2. REPORTS TO CONGRESS ON NATIONAL SECURITY 

2 CONSIDERATIONS OF FREE TRADE AGREE3 MENTS. 

4 (a) PRELIMINARY REPORT.—The United States 

5 Trade Representative shall, before commencing negotia6 tions with a foreign country for a free trade agreement 

7 with that country, submit to Congress a report that details 

8 the national security considerations likely to result from 

9 the free trade agreement. 

10 (b) FINAL REPORT.—The United States Trade Rep11 resentative shall, after reaching a free trade agreement 

12 with a foreign country, submit to Congress a report that 

13 details the national security considerations of the free 

14 trade agreement. 

15 (c) CONCURRENCE OF OTHER OFFICIALS RE16 QUIRED.—Each report required by this section shall be 

17 submitted with the concurrence of each of the following: 

18 (1) The Secretary of Homeland Security. 

19 (2) The Secretary of State. 

20 (3) The Attorney General. 


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1 SEC. 3. TRADE AGREEMENTS TO INCLUDE AUTHORITY FOR 

2 PRESIDENT TO SUSPEND ANY PROVISION OF 

3 AGREEMENT WHERE NECESSARY TO ENSURE 

4 THE NATIONAL SECURITY OF THE UNITED 

5 STATES. 

6 (a) INCLUSION IN TRADE AGREEMENTS.—The 

7 United States may not enter into a trade agreement after 

8 the date of the enactment of this Act unless the agreement 

9 provides authority under which the President may suspend 

10 the agreement, or any part of the agreement, whenever 

11 the President determines that the suspension is necessary 

12 to ensure the national security of the United States. 

13 (b) REPORT TO CONGRESS.—Whenever the President 

14 uses the authority required by subsection (a), the Presi15 dent shall submit to Congress a report on the use of that 

16 authority. The report shall— 

17 (1) identify the agreement (or part of the 

18 agreement) covered by the suspension; 

19 (2) describe the national security concerns on 

20 which the use of the authority is based; 

21 (3) assess the consequences of the suspension 

22 on the economy of the United States; and 

23 (4) identify the administrative, legislative, or 

24 diplomatic actions that the President proposes to 

25 remedy the national security concerns described 

26 under paragraph (2). 


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1 SEC. 4. REVIEW BY COMMISSION OF NATIONAL SECURITY 

2 CONSIDERATIONS OF FREE TRADE AGREE3 MENTS. 

4 (a) REVIEW OF EACH NEW AGREEMENT.—Each 

5 final report submitted under section 2(b) with respect to 

6 a free trade agreement shall be transmitted to the Con7 gressional Executive Commission on Trade Security. For 

8 each such report, the commission shall— 

9 (1) review the free trade agreement covered by 

10 the report; 

11 (2) independently determine the national secu12 rity considerations of the free trade agreement; and 

13 (3) submit to Congress a report that— 

14 (A) details the national security consider15 ations of the free trade agreement; and 

16 (B) includes a clear finding as described in 

17 subsection (c). 

18 (b) ONGOING REVIEW OF EXISTING AGREEMENTS.— 

19 The commission shall— 

20 (1) review, on an ongoing basis, each free trade 

21 agreement of the United States; 

22 (2) independently determine the national secu23 rity considerations of each such free trade agree24 ment; and 

25 (3) for each such free trade agreement, submit 

26 to Congress a report that— 


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1 (A) details the national security consider2 ations of the free trade agreement; and 

3 (B) if the free trade agreement provides 

4 authority under which the President may sus5 pend the agreement (as described in section 

6 3(a)), includes a clear finding as described in 

7 subsection (c). 

8 (c) FINDING REQUIRED.—A clear finding as de9 scribed in this subsection is a clear finding as to whether 

10 the President— 

11 (1) should use the authority under section 3(a) 

12 to suspend all or part of the agreement; or 

13 (2) should not use such authority. 

14 SEC. 5. CONGRESSIONAL EXECUTIVE COMMISSION ON 

15 TRADE SECURITY. 

16 (a) ESTABLISHMENT.—There is established a com17 mission to be known as the Congressional Executive Com18 mission on Trade Security. 

19 (b) DUTIES.—The duties of the commission shall be 

20 as follows: 

21 (1) To monitor and investigate the national se22 curity considerations of free trade agreements in ef23 fect, and of free trade agreements concluded but not 

24 yet in effect. 


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1 (2) To provide information and recommenda2 tions to Congress on the national security consider3 ations of such agreements. 

4 (3) To carry out such other activities required 

5 by this Act or other law. 

6 (c) MEMBERSHIP.—The commission shall be com7 posed of 8 members appointed as follows: 

8 (1) 2 members appointed by the Speaker of the 

9 House of Representatives. 

10 (2) 2 members appointed by the minority leader 

11 of the House of Representatives. 

12 (3) 2 members appointed by the majority leader 

13 of the Senate. 

14 (4) 2 members appointed by the minority leader 

15 of the Senate. 

16 (d) DISQUALIFICATION.—An individual is not eligible 

17 to serve on the commission while also serving as an officer 

18 or employee— 

19 (1) in the Office of the United States Trade 

20 Representative; 

21 (2) of the Department of Homeland Security; 

22 (3) of the Department of State; or 

23 (4) of the Department of Justice. 

24 (e) TERMS.— 


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1 (1) IN GENERAL.—Each member of the com2 mission shall be appointed for a term of 6 years. 

3 (2) VACANCIES.—Any member appointed to fill 

4 a vacancy occurring before the expiration of the 

5 term for which the member’s predecessor was ap6 pointed shall be appointed only for the remainder of 

7 that term. A member may serve after the expiration 

8 of that member’s term until a successor has taken 

9 office. A vacancy in the commission shall be filled in 

10 the manner in which the original appointment was 

11 made. 

12 (f) BASIC PAY.— 

13 (1) RATES OF PAY.—To the extent or in the 

14 amounts provided in advance in appropriations acts, 

15 members shall each be compensated in the same 

16 manner provided for the compensation of members 

17 of the Trade Deficit Review Commission under sec18 tion 127(g)(1) and section 127(g)(6) of the Trade 

19 Deficit Review Commission Act (19 U.S.C. 2213 

20 note). 

21 (2) PROHIBITION ON COMPENSATION OF FED22 ERAL EMPLOYEES.—Members of the commission 

23 who are full-time officers or employees of the United 

24 States, or Members of Congress, may not receive adVerDate Aug 31 2005 03:30 Mar 06, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4812.IH H4812

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1 ditional pay, allowances, or benefits by reason of 

2 their service on the commission. 

3 (g) TRAVEL EXPENSES.—Each member shall receive 

4 travel expenses, including per diem in lieu of subsistence, 

5 in accordance with applicable provisions under subchapter 

6 I of chapter 57 of title 5, United States Code. 

7 (h) QUORUM.—Five members of the commission shall 

8 constitute a quorum, but a lesser number may hold hear9 ings. 

10 (i) CHAIRPERSON.—The chairperson of the commis11 sion shall be elected from among the members. 

12 (j) MEETINGS.—The commission shall meet not less 

13 often than annually. A meeting shall promptly be held in 

14 any of the following cases: 

15 (1) Upon the call of the chairperson. 

16 (2) Upon the call of a majority of the members. 

17 (3) Upon the receipt of a final report submitted 

18 under section 2(b). 

19 (k) EXECUTIVE DIRECTOR; STAFF.—An executive di20 rector and other additional personnel for the commission 

21 shall be appointed, compensated, and terminated in the 

22 same manner provided for the appointment, compensation, 

23 and termination of the executive director and other per24 sonnel of the Trade Deficit Review Commission under sec25 tion 127(g)(3) and section 127(g)(6) of the Trade Deficit 


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1 Review Commission Act. The executive director and any 

2 personnel who are employees of the Congressional Execu3 tive Commission on Trade Security shall be employees 

4 under section 2105 of title 5 for purposes of chapters 63, 

5 81, 83, 84, 85, 87, 89, and 90 of that title. 

6 (l) EXPERTS AND CONSULTANTS.—The commission 

7 may procure temporary and intermittent services under 

8 section 3109(b) of title 5, United States Code. 

9 (m) HEARINGS AND SESSIONS.—The commission 

10 may, for the purpose of carrying out its duties, hold hear11 ings, sit and act at times and places, take testimony, and 

12 receive evidence as the commission considers appropriate. 

13 The commission may administer oaths or affirmations to 

14 witnesses appearing before it. 

15 (n) OBTAINING OFFICIAL DATA.—The commission 

16 may secure directly from any department or agency of the 

17 United States information necessary to enable it to carry 

18 out this Act. Upon request of the commission, the head 

19 of that department or agency shall furnish that informa20 tion to the commission. 

21 SEC. 6. REVIEW BY CONGRESS OF NATIONAL SECURITY 

22 CONSIDERATIONS OF FREE TRADE AGREE23 MENTS. 

24 (a) CONGRESSIONAL DISAPPROVAL.— 


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1 (1) GENERAL RULE.—The President shall exer2 cise the authority under section 3(a) to suspend all 

3 or part of a free trade agreement if a joint resolu4 tion described in subsection (b) is enacted into law 

5 pursuant to the provisions of paragraph (2). 

6 (2) PROCEDURAL PROVISIONS.—(A) The re7 quirements of this paragraph are met if the joint 

8 resolution is enacted under subsection (b), and— 

9 (i) the Congress adopts and transmits the 

10 joint resolution to the President before the end 

11 of the 90-day period (excluding any day de12 scribed in section 154(b) of the Trade Act of 

13 1974), beginning on the date on which the Con14 gress receives a report containing a finding de15 scribed in section 5(c)(1), and 

16 (ii) if the President vetoes the joint resolu17 tion, each House of Congress votes to override 

18 that veto on or before the later of the last day 

19 of the 90-day period referred to in clause (i) or 

20 the last day of the 15-day period (excluding any 

21 day described in section 154(b) of the Trade 

22 Act of 1974) beginning on the date on which 

23 the Congress receives the veto message from the 

24 President. 


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1 (B) A joint resolution to which this section ap2 plies may be introduced at any time on or after the 

3 date on which the commission submits to the Con4 gress a report containing a finding described in sec5 tion 5(c)(1), and before the end of the 90-day period 

6 referred to in subparagraph (A). 

7 (b) JOINT RESOLUTIONS.— 

8 (1) JOINT RESOLUTIONS.—For purposes of this 

9 section, the term ‘‘joint resolution’’ means only a 

10 joint resolution of the 2 Houses of Congress, the 

11 matter after the resolving clause of which is as fol12 lows: ‘‘That the Congress directs the President to 

13 exercise the authority described in section 3(a) of 

14 the Trade-Related American National Security En15 hancement and Accountability Act with respect to 

16 the free trade agreement relating to llll.’’ (the 

17 blank space being appropriately filled in). 

18 (2) PROCEDURES.—(A) Joint resolutions may 

19 be introduced in either House of the Congress by 

20 any member of such House. 

21 (B) If the committee of either House to which 

22 a joint resolution has been referred has not reported 

23 it by the close of the 45th day after its introduction 

24 (excluding any day described in section 154(b) of the 

25 Trade Act of 1974), such committee shall be autoVerDate Aug 31 2005 02:56 Mar 02, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4812.IH H4812

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1 matically discharged from further consideration of 

2 the joint resolution and it shall be placed on the ap3 propriate calendar. 

4 (C) It is not in order for— 

5 (i) the Senate to consider any joint resolu6 tion unless it has been reported by the Com7 mittee on Finance or the committee has been 

8 discharged under subparagraph (C); or 

9 (ii) the House of Representatives to con10 sider any joint resolution unless it has been re11 ported by the Committee on Ways and Means 

12 or the committee has been discharged under 

13 subparagraph (C). 

14 (D) A motion in the House of Representatives 

15 to proceed to the consideration of a joint resolution 

16 may only be made on the second legislative day after 

17 the calendar day on which the Member making the 

18 motion announces to the House his or her intention 

19 to do so. 

20 (3) CONSIDERATION OF SECOND RESOLUTION

21 NOT IN ORDER.—It shall not be in order in either 

22 the House of Representatives or the Senate to con23 sider a joint resolution (other than a joint resolution 

24 received from the other House), if that House has 


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1 previously adopted a joint resolution under this sec2 tion. 

3 (c) RULES OF HOUSE OF REPRESENTATIVES AND

4 SENATE.—This section is enacted by the Congress— 

5 (1) as an exercise of the rulemaking power of 

6 the House of Representatives and the Senate, re7 spectively, and as such is deemed a part of the rules 

8 of each House, respectively, and such procedures su9 persede other rules only to the extent that they are 

10 inconsistent with such other rules; and 

11 (2) with the full recognition of the constitu12 tional right of either House to change the rules (so 

13 far as relating to the procedures of that House) at 

14 any time, in the same manner, and to the same ex15 tent as any other rule of that House. 

Æ 


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