[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1280 Introduced in Senate (IS)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade-Related American National 
Security Enhancement and Accountability Act''.

SEC. 2. REPORTS TO CONGRESS ON NATIONAL SECURITY CONSIDERATIONS OF FREE 
              TRADE AGREEMENTS.

    (a) Preliminary Report.--The United States Trade Representative 
shall, before commencing negotiations 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 Representative 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 Required.--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.
            (4) The Secretary of Agriculture.
    (d) National Security Considerations.--For purposes of this section 
and section 3, national security considerations include the 
consideration of procurement of goods and services for military 
purposes, safety and security of the infrastructure of the United 
States, port security, and potential public health consequences to 
United States consumers because of the importation of goods resulting 
from the free trade agreement.

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 President 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 considerations (as 
        defined in section 2(d)) 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).

SEC. 4. REVIEW BY COMMISSION OF NATIONAL SECURITY CONSIDERATIONS OF 
              FREE TRADE AGREEMENTS.

    (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 Congressional Executive Commission on Trade Security 
(established under section 5). For each such report, the Commission 
shall--
            (1) review the free trade agreement covered by the report;
            (2) independently determine the national security 
        considerations of the free trade agreement; and
            (3) submit to Congress a report that--
                    (A) details the national security considerations 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 security 
        considerations of each such free trade agreement; and
            (3) for each such free trade agreement, submit to Congress 
        a report that--
                    (A) details the national security considerations of 
                the free trade agreement; and
                    (B) if the free trade agreement provides authority 
                under which the President may suspend the agreement (as 
                described in section 3(a)), includes a clear finding as 
                described in subsection (c).
    (c) Finding Required.--A clear finding as described 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 Commission to be known 
as the Congressional Executive Commission on Trade Security.
    (b) Duties.--The duties of the Commission shall be as follows:
            (1) To monitor and investigate the national security 
        considerations of free trade agreements in effect, and of free 
        trade agreements concluded but not yet in effect.
            (2) To provide information and recommendations to Congress 
        on the national security considerations of such agreements.
            (3) To carry out such other activities required by this Act 
        or other law.
    (c) Membership.--The Commission shall be composed 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.--
            (1) In general.--Each member of the Commission shall be 
        appointed for a term of 6 years.
            (2) Vacancies.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall be appointed only for 
        the remainder of that term. A member may serve after the 
        expiration of that member's term until a successor has taken 
        office. A vacancy in the Commission shall be filled in the 
        manner in which the original appointment was made.
    (f) Basic Pay.--
            (1) Rates of pay.--To the extent or in the amounts provided 
        in advance in appropriations acts, members shall each be 
        compensated in the same manner provided for the compensation of 
        members of the Trade Deficit Review Commission under section 
        127(g)(1) and section 127(g)(6) of the Trade Deficit Review 
        Commission Act (19 U.S.C. 2213 note).
            (2) Prohibition on compensation of federal employees.--
        Members of the Commission who are full-time officers or 
        employees of the United States, or Members of Congress, may not 
        receive additional pay, allowances, or benefits by reason of 
        their service on the Commission.
    (g) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.
    (h) Quorum.--Five members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (i) Chairperson.--The chairperson of the Commission shall be 
elected from among the members.
    (j) Meetings.--The Commission shall meet not less often than 
annually. A meeting shall promptly be held in any of the following 
cases:
            (1) Upon the call of the chairperson.
            (2) Upon the call of a majority of the members.
            (3) Upon the receipt of a final report submitted under 
        section 2(b).
    (k) Executive Director; Staff.--An executive director and other 
additional personnel for the Commission shall be appointed, 
compensated, and terminated in the same manner provided for the 
appointment, compensation, and termination of the executive director 
and other personnel of the Trade Deficit Review Commission under 
section 127(g)(3) and section 127(g)(6) of the Trade Deficit Review 
Commission Act. The executive director and any personnel who are 
employees of the Congressional Executive Commission on Trade Security 
shall be employees under section 2105 of title 5 for purposes of 
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
    (l) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code.
    (m) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out its duties, hold hearings, sit and act at times and 
places, take testimony, and receive evidence as the Commission 
considers appropriate. The Commission may administer oaths or 
affirmations to witnesses appearing before it.
    (n) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the 
Commission, the head of that department or agency shall furnish that 
information to the Commission.

SEC. 6. REVIEW BY CONGRESS OF NATIONAL SECURITY CONSIDERATIONS OF FREE 
              TRADE AGREEMENTS.

    (a) Congressional Disapproval.--
            (1) General rule.--The President shall exercise the 
        authority under section 3(a) to suspend all or part of a free 
        trade agreement if a joint resolution described in subsection 
        (b) is enacted into law pursuant to the provisions of paragraph 
        (2).
            (2) Procedural provisions.--(A) The requirements of this 
        paragraph are met if the joint resolution is enacted under 
        subsection (b), and--
                    (i) the Congress adopts and transmits the joint 
                resolution to the President before the end of the 90-
                day period (excluding any day described in section 
                154(b) of the Trade Act of 1974), beginning on the date 
                on which the Congress receives a report containing a 
                finding described in section 5(c)(1), 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 90-day 
                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 the Congress receives the veto message from 
                the President.
            (B) A joint resolution to which this section applies may be 
        introduced at any time on or after the date on which the 
        Commission submits to the Congress a report containing a 
        finding described in section 5(c)(1), and before the end of the 
        90-day period referred to in subparagraph (A).
    (b) 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 the Congress directs the President 
        to exercise the authority described in section 3(a) of the 
        Trade-Related American National Security Enhancement and 
        Accountability Act with respect to the free trade agreement 
        relating to ____.'' (the blank space being appropriately filled 
        in).
            (2) Procedures.--(A) Joint resolutions may be introduced in 
        either House of the Congress by any member of such House.
            (B) If the committee of either House to which a joint 
        resolution has been referred has not reported it by the close 
        of the 45th day after its introduction (excluding any day 
        described in section 154(b) of the Trade Act of 1974), such 
        committee shall be automatically discharged from further 
        consideration of the joint resolution and it shall be placed on 
        the appropriate calendar.
            (C) It is not in order for--
                    (i) the Senate to consider any joint resolution 
                unless it has been reported by the Committee on Finance 
                or the committee has been discharged under subparagraph 
                (C); or
                    (ii) the House of Representatives to consider any 
                joint resolution unless it has been reported by the 
                Committee on Ways and Means or the committee has been 
                discharged under subparagraph (C).
            (D) A motion in the House of Representatives to proceed to 
        the consideration of a joint resolution may only be made on the 
        second legislative day after the calendar day on which the 
        Member making the motion announces to the House his or her 
        intention to do so.
            (3) Consideration of second resolution not in order.--It 
        shall not be in order in either the House of Representatives or 
        the Senate to consider a joint resolution (other than a joint 
        resolution received from the other House), if that House has 
        previously adopted a joint resolution under this section.
    (c) Rules of House of Representatives and Senate.--This section is 
enacted by the Congress--
            (1) 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
            (2) 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.
                                 <all>