Trade-Related American National Security Enhancement and Accountability Act - Requires the United States Trade Representative (USTR), before commencing negotiations with a foreign country for a free trade agreement, to report to Congress on the national security considerations likely to result from it.
Prohibits the United States from entering into a trade agreement unless it authorizes the President to suspend it, or any part of it, whenever necessary to ensure U.S. national security.
Establishes the Congressional Executive Commission on Trade Security. Requires transmittal to the Commission of each final report on a presidential decision to suspend part or all of a trade agreement. Requires the Commission to: (1) review the report and in turn report to Congress on whether or not the suspension authority should be exercised; and (2) review on an ongoing basis and report to Congress on the same issue with respect to every existing free trade agreement.
Directs the President to exercise the suspension authority if approved by a joint resolution of Congress.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3214 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3214
To provide greater accountability in reviewing the national security
considerations of free trade agreements.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2007
Mr. Patrick J. Murphy of Pennsylvania (for himself and Mr. Michaud)
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.
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>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Trade.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line