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 with-
in the jurisdiction of the committee concerned 
A BILL 
To provide greater accountability in reviewing the national 
security considerations of free trade agreements. 
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-Related Amer-
ican National Security Enhancement and Accountability 
Act’’. 
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SEC. 2. REPORTS TO CONGRESS ON NATIONAL SECURITY 
CONSIDERATIONS OF FREE TRADE AGREE-
MENTS. 
(a) PRELIMINARY
REPORT.—The United States 
Trade Representative shall, before commencing negotia-
tions with a foreign country for a free trade agreement 
with that country, submit to Congress a report that details 
the national security considerations likely to result from 
the free trade agreement. 
(b) FINAL REPORT.—The United States Trade Rep-
resentative shall, after reaching a free trade agreement 
with a foreign country, submit to Congress a report that 
details the national security considerations of the free 
trade agreement. 
(c) CONCURRENCE
OF
OTHER
OFFICIALS
RE-
QUIRED.—Each report required by this section shall be 
submitted with the concurrence of each of the following: 
(1) The Secretary of Homeland Security. 
(2) The Secretary of State. 
(3) The Attorney General. 
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SEC. 3. TRADE AGREEMENTS TO INCLUDE AUTHORITY FOR 
PRESIDENT TO SUSPEND ANY PROVISION OF 
AGREEMENT WHERE NECESSARY TO ENSURE 
THE NATIONAL SECURITY OF THE UNITED 
STATES. 
(a) INCLUSION
IN
TRADE
AGREEMENTS.—The 
United States may not enter into a trade agreement after 
the date of the enactment of this Act unless the agreement 
provides authority under which the President may suspend 
the agreement, or any part of the agreement, whenever 
the President determines that the suspension is necessary 
to ensure the national security of the United States. 
(b) REPORT TO CONGRESS.—Whenever the President 
uses the authority required by subsection (a), the Presi-
dent shall submit to Congress a report on the use of that 
authority. The report shall— 
(1) identify the agreement (or part of the 
agreement) covered by the suspension; 
(2) describe the national security concerns on 
which the use of the authority is based; 
(3) assess the consequences of the suspension 
on the economy of the United States; and 
(4) identify the administrative, legislative, or 
diplomatic actions that the President proposes to 
remedy the national security concerns described 
under paragraph (2). 
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SEC. 4. REVIEW BY COMMISSION OF NATIONAL SECURITY 
CONSIDERATIONS OF FREE TRADE AGREE-
MENTS. 
(a) REVIEW
OF EACH NEW AGREEMENT.—Each 
final report submitted under section 2(b) with respect to 
a free trade agreement shall be transmitted to the Con-
gressional Executive Commission on Trade Security. For 
each such report, the commission shall— 
(1) review the free trade agreement covered by 
the report; 
(2) independently determine the national secu-
rity considerations of the free trade agreement; and 
(3) submit to Congress a report that— 
(A) details the national security consider-
ations of the free trade agreement; and 
(B) includes a clear finding as described in 
subsection (c). 
(b) ONGOING REVIEW OF EXISTING AGREEMENTS.— 
The commission shall— 
(1) review, on an ongoing basis, each free trade 
agreement of the United States; 
(2) independently determine the national secu-
rity considerations of each such free trade agree-
ment; and 
(3) for each such free trade agreement, submit 
to Congress a report that— 
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(A) details the national security consider-
ations of the free trade agreement; and 
(B) if the free trade agreement provides 
authority under which the President may sus-
pend the agreement (as described in section 
3(a)), includes a clear finding as described in 
subsection (c). 
(c) FINDING REQUIRED.—A clear finding as de-
scribed in this subsection is a clear finding as to whether 
the President— 
(1) should use the authority under section 3(a) 
to suspend all or part of the agreement; or 
(2) should not use such authority. 
SEC. 5. CONGRESSIONAL EXECUTIVE COMMISSION ON 
TRADE SECURITY. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Congressional Executive Com-
mission on Trade Security. 
(b) DUTIES.—The duties of the commission shall be 
as follows: 
(1) To monitor and investigate the national se-
curity considerations of free trade agreements in ef-
fect, and of free trade agreements concluded but not 
yet in effect. 
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(2) To provide information and recommenda-
tions to Congress on the national security consider-
ations of such agreements. 
(3) To carry out such other activities required 
by this Act or other law. 
(c) MEMBERSHIP.—The commission shall be com-
posed of 8 members appointed as follows: 
(1) 2 members appointed by the Speaker of the 
House of Representatives. 
(2) 2 members appointed by the minority leader 
of the House of Representatives. 
(3) 2 members appointed by the majority leader 
of the Senate. 
(4) 2 members appointed by the minority leader 
of the Senate. 
(d) DISQUALIFICATION.—An individual is not eligible 
to serve on the commission while also serving as an officer 
or employee— 
(1) in the Office of the United States Trade 
Representative; 
(2) of the Department of Homeland Security; 
(3) of the Department of State; or 
(4) of the Department of Justice. 
(e) TERMS.— 
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