II 

110TH CONGRESS 

1ST SESSION S. 1280 

To provide greater accountability in reviewing the national security 

considerations of free trade agreements. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2007 

Mr. BROWN (for himself and Mr. DORGAN) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

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’’. 


pwalker on PROD1PC71 with BILLS
2 

•S 1280 IS

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. 

21 (4) The Secretary of Agriculture. 

22 (d) NATIONAL SECURITY CONSIDERATIONS.—For 

23 purposes of this section and section 3, national security 

24 considerations include the consideration of procurement of 

25 goods and services for military purposes, safety and secu26 rity of the infrastructure of the United States, port secuVerDate Aug 31 2005 22:40 May 04, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1280.IS S1280

pwalker on PROD1PC71 with BILLS
3 

•S 1280 IS

1 rity, and potential public health consequences to United 

2 States consumers because of the importation of goods re3 sulting from the free trade agreement. 

4 SEC. 3. TRADE AGREEMENTS TO INCLUDE AUTHORITY FOR 

5 PRESIDENT TO SUSPEND ANY PROVISION OF 

6 AGREEMENT WHERE NECESSARY TO ENSURE 

7 THE NATIONAL SECURITY OF THE UNITED 

8 STATES. 

9 (a) INCLUSION IN TRADE AGREEMENTS.—The 

10 United States may not enter into a trade agreement after 

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

12 provides authority under which the President may suspend 

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

14 the President determines that the suspension is necessary 

15 to ensure the national security of the United States. 

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

17 uses the authority required by subsection (a), the Presi18 dent shall submit to Congress a report on the use of that 

19 authority. The report shall— 

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

21 agreement) covered by the suspension; 

22 (2) describe the national security considerations 

23 (as defined in section 2(d)) on which the use of the 

24 authority is based; 


pwalker on PROD1PC71 with BILLS
4 

•S 1280 IS

1 (3) assess the consequences of the suspension 

2 on the economy of the United States; and 

3 (4) identify the administrative, legislative, or 

4 diplomatic actions that the President proposes to 

5 remedy the national security concerns described 

6 under paragraph (2). 

7 SEC. 4. REVIEW BY COMMISSION OF NATIONAL SECURITY 

8 CONSIDERATIONS OF FREE TRADE AGREE9 MENTS. 

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

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

12 a free trade agreement shall be transmitted to the Con13 gressional Executive Commission on Trade Security (es14 tablished under section 5). For each such report, the Com15 mission shall— 

16 (1) review the free trade agreement covered by 

17 the report; 

18 (2) independently determine the national secu19 rity considerations of the free trade agreement; and 

20 (3) submit to Congress a report that— 

21 (A) details the national security consider22 ations of the free trade agreement; and 

23 (B) includes a clear finding as described in 

24 subsection (c). 


pwalker on PROD1PC71 with BILLS
5 

•S 1280 IS

1 (b) ONGOING REVIEW OF EXISTING AGREEMENTS.— 

2 The Commission shall— 

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

4 agreement of the United States; 

5 (2) independently determine the national secu6 rity considerations of each such free trade agree7 ment; and 

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

9 to Congress a report that— 

10 (A) details the national security consider11 ations of the free trade agreement; and 

12 (B) if the free trade agreement provides 

13 authority under which the President may sus14 pend the agreement (as described in section 

15 3(a)), includes a clear finding as described in 

16 subsection (c). 

17 (c) FINDING REQUIRED.—A clear finding as de18 scribed in this subsection is a clear finding as to whether 

19 the President— 

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

21 to suspend all or part of the agreement; or 

22 (2) should not use such authority. 


pwalker on PROD1PC71 with BILLS
6 

•S 1280 IS

1 SEC. 5. CONGRESSIONAL EXECUTIVE COMMISSION ON 

2 TRADE SECURITY. 

3 (a) ESTABLISHMENT.—There is established a Com4 mission to be known as the Congressional Executive Com5 mission on Trade Security. 

6 (b) DUTIES.—The duties of the Commission shall be 

7 as follows: 

8 (1) To monitor and investigate the national se9 curity considerations of free trade agreements in ef10 fect, and of free trade agreements concluded but not 

11 yet in effect. 

12 (2) To provide information and recommenda13 tions to Congress on the national security consider14 ations of such agreements. 

15 (3) To carry out such other activities required 

16 by this Act or other law. 

17 (c) MEMBERSHIP.—The Commission shall be com18 posed of 8 members appointed as follows: 

19 (1) 2 members appointed by the Speaker of the 

20 House of Representatives. 

21 (2) 2 members appointed by the minority leader 

22 of the House of Representatives. 

23 (3) 2 members appointed by the majority leader 

24 of the Senate. 

25 (4) 2 members appointed by the minority leader 

26 of the Senate. 


pwalker on PROD1PC71 with BILLS
7 

•S 1280 IS

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

2 to serve on the Commission while also serving as an officer 

3 or employee— 

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

5 Representative; 

6 (2) of the Department of Homeland Security; 

7 (3) of the Department of State; or 

8 (4) of the Department of Justice. 

9 (e) TERMS.— 

10 (1) IN GENERAL.—Each member of the Com11 mission shall be appointed for a term of 6 years. 

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

13 a vacancy occurring before the expiration of the 

14 term for which the member’s predecessor was ap15 pointed shall be appointed only for the remainder of 

16 that term. A member may serve after the expiration 

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

18 office. A vacancy in the Commission shall be filled 

19 in the manner in which the original appointment was 

20 made. 

21 (f) BASIC PAY.— 

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

23 amounts provided in advance in appropriations acts, 

24 members shall each be compensated in the same 

25 manner provided for the compensation of members 


pwalker on PROD1PC71 with BILLS
8 

•S 1280 IS

1 of the Trade Deficit Review Commission under sec2 tion 127(g)(1) and section 127(g)(6) of the Trade 

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

4 note). 

5 (2) PROHIBITION ON COMPENSATION OF FED6 ERAL EMPLOYEES.—Members of the Commission 

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

8 States, or Members of Congress, may not receive ad9 ditional pay, allowances, or benefits by reason of 

10 their service on the Commission. 

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

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

13 in accordance with applicable provisions under subchapter 

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

15 (h) QUORUM.—Five members of the Commission 

16 shall constitute a quorum, but a lesser number may hold 

17 hearings. 

18 (i) CHAIRPERSON.—The chairperson of the Commis19 sion shall be elected from among the members. 

20 (j) MEETINGS.—The Commission shall meet not less 

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

22 any of the following cases: 

23 (1) Upon the call of the chairperson. 

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


pwalker on PROD1PC71 with BILLS
9 

•S 1280 IS

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

2 under section 2(b). 

3 (k) EXECUTIVE DIRECTOR; STAFF.—An executive di4 rector and other additional personnel for the Commission 

5 shall be appointed, compensated, and terminated in the 

6 same manner provided for the appointment, compensation, 

7 and termination of the executive director and other per8 sonnel of the Trade Deficit Review Commission under sec9 tion 127(g)(3) and section 127(g)(6) of the Trade Deficit 

10 Review Commission Act. The executive director and any 

11 personnel who are employees of the Congressional Execu12 tive Commission on Trade Security shall be employees 

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

14 81, 83, 84, 85, 87, 89, and 90 of that title. 

15 (l) EXPERTS AND CONSULTANTS.—The Commission 

16 may procure temporary and intermittent services under 

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

18 (m) HEARINGS AND SESSIONS.—The Commission 

19 may, for the purpose of carrying out its duties, hold hear20 ings, sit and act at times and places, take testimony, and 

21 receive evidence as the Commission considers appropriate. 

22 The Commission may administer oaths or affirmations to 

23 witnesses appearing before it. 

24 (n) OBTAINING OFFICIAL DATA.—The Commission 

25 may secure directly from any department or agency of the 


pwalker on PROD1PC71 with BILLS
10 

•S 1280 IS

1 United States information necessary to enable it to carry 

2 out this Act. Upon request of the Commission, the head 

3 of that department or agency shall furnish that informa4 tion to the Commission. 

5 SEC. 6. REVIEW BY CONGRESS OF NATIONAL SECURITY 

6 CONSIDERATIONS OF FREE TRADE AGREE7 MENTS. 

8 (a) CONGRESSIONAL DISAPPROVAL.— 

9 (1) GENERAL RULE.—The President shall exer10 cise the authority under section 3(a) to suspend all 

11 or part of a free trade agreement if a joint resolu12 tion described in subsection (b) is enacted into law 

13 pursuant to the provisions of paragraph (2). 

14 (2) PROCEDURAL PROVISIONS.—(A) The re15 quirements of this paragraph are met if the joint 

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

17 (i) the Congress adopts and transmits the 

18 joint resolution to the President before the end 

19 of the 90-day period (excluding any day de20 scribed in section 154(b) of the Trade Act of 

21 1974), beginning on the date on which the Con22 gress receives a report containing a finding de23 scribed in section 5(c)(1), and 

24 (ii) if the President vetoes the joint resolu25 tion, each House of Congress votes to override 


pwalker on PROD1PC71 with BILLS
11 

•S 1280 IS

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

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

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

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

5 Act of 1974) beginning on the date on which 

6 the Congress receives the veto message from the 

7 President. 

8 (B) A joint resolution to which this section ap9 plies may be introduced at any time on or after the 

10 date on which the Commission submits to the Con11 gress a report containing a finding described in sec12 tion 5(c)(1), and before the end of the 90-day period 

13 referred to in subparagraph (A). 

14 (b) JOINT RESOLUTIONS.— 

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

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

17 joint resolution of the 2 Houses of Congress, the 

18 matter after the resolving clause of which is as fol19 lows: ‘‘That the Congress directs the President to 

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

21 the Trade-Related American National Security En22 hancement and Accountability Act with respect to 

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

24 blank space being appropriately filled in). 


pwalker on PROD1PC71 with BILLS
12 

•S 1280 IS

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

2 be introduced in either House of the Congress by 

3 any member of such House. 

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

5 a joint resolution has been referred has not reported 

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

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

8 Trade Act of 1974), such committee shall be auto9 matically discharged from further consideration of 

10 the joint resolution and it shall be placed on the ap11 propriate calendar. 

12 (C) It is not in order for— 

13 (i) the Senate to consider any joint resolu14 tion unless it has been reported by the Com15 mittee on Finance or the committee has been 

16 discharged under subparagraph (C); or 

17 (ii) the House of Representatives to con18 sider any joint resolution unless it has been re19 ported by the Committee on Ways and Means 

20 or the committee has been discharged under 

21 subparagraph (C). 

22 (D) A motion in the House of Representatives 

23 to proceed to the consideration of a joint resolution 

24 may only be made on the second legislative day after 

25 the calendar day on which the Member making the 


pwalker on PROD1PC71 with BILLS
13 

•S 1280 IS

1 motion announces to the House his or her intention 

2 to do so. 

3 (3) CONSIDERATION OF SECOND RESOLUTION

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

5 the House of Representatives or the Senate to con6 sider a joint resolution (other than a joint resolution 

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

8 previously adopted a joint resolution under this sec9 tion. 

10 (c) RULES OF HOUSE OF REPRESENTATIVES AND

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

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

13 the House of Representatives and the Senate, re14 spectively, and as such is deemed a part of the rules 

15 of each House, respectively, and such procedures su16 persede other rules only to the extent that they are 

17 inconsistent with such other rules; and 

18 (2) with the full recognition of the constitu19 tional right of either House to change the rules (so 

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

21 any time, in the same manner, and to the same ex22 tent as any other rule of that House. 

Æ 


pwalker on PROD1PC71 with BILLS