[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2287 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2287

    To assess the impact of the North American Free Trade Agreement 
 (NAFTA), to require further negotiation of certain provisions of the 
NAFTA, and to provide for the withdrawal from the NAFTA unless certain 
                          conditions are met.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2011

  Ms. Kaptur introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To assess the impact of the North American Free Trade Agreement 
 (NAFTA), to require further negotiation of certain provisions of the 
NAFTA, and to provide for the withdrawal from the NAFTA unless certain 
                          conditions are met.

    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 ``NAFTA Accountability Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Rising deficits in united states trade accounts.--One 
        of the purposes of the North American Free Trade Agreement 
        (NAFTA), as stated in the preamble, is to ``create an expanded 
        and secure market'' for goods and services. Instead, the NAFTA 
        has resulted in a spiraling United States trade deficit with 
        Mexico and Canada that exceeded $93,000,000,000 in 2010, and 
        more than $1,300,000,000,000 since the agreement's inception. 
        Rather than continuous development and expansion as envisioned 
        and growing trade surpluses for the United States, the NAFTA 
        has resulted in United States job losses and escalating trade 
        deficits.
            (2) Erosion of the united states manufacturing base.--One 
        of the purposes of the NAFTA is to enhance the competitiveness 
        of firms in the global market. However, rather than increase 
        the ability of the manufacturing sector in the United States to 
        compete in the world market, the NAFTA has facilitated and 
        accelerated the outsourcing of United States manufacturing 
        facilities and jobs to lower-wage Mexico. Conservatively, NAFTA 
        has led to nearly 1,000,000 American job losses. Conversely, 
        Mexico has become an export platform displacing United States 
        production. An unprecedented flood of imports of manufactured 
        and agricultural goods now enter the United States. Further, 
        Mexico has experienced an outsourcing of productivity to even 
        lower-wage China, as Chinese imports to Mexico have grown and 
        are imported into the United States.
            (3) NAFTA should not be expanded.--The Congress approved 
        the NAFTA in order to achieve economic, social, and 
        environmental benefits for the people of the United States. 
        Based on currently available information, the goals and 
        objectives of the NAFTA are not being achieved. Therefore, the 
        NAFTA should not be expanded to include any other country.
            (4) NAFTA to be renegotiated and benefits certified.--Based 
        on the experience with the NAFTA since its implementation, it 
        has become evident that further negotiation is required to 
        resolve fundamental inadequacies within the NAFTA with respect 
        to trade balances, currency differentials, health and 
        environmental conditions, agricultural provisions, systems of 
        justice, and illegal immigration. If the NAFTA is to continue, 
        Congress must require certification of specific measures of 
        economic, social, legal, and environmental progress. Otherwise 
        Congress has no choice but to withdraw its approval of the 
        NAFTA.

SEC. 3. CONDITIONS FOR CONTINUED PARTICIPATION IN THE NAFTA.

    (a) In General.--
            (1) Withdrawal of approval.--Notwithstanding any other 
        provision of law, unless each of the conditions described in 
        paragraph (2) is met--
                    (A) the approval of the NAFTA by the Congress 
                provided for in section 101(a) of the North American 
                Free Trade Agreement Implementation Act (19 U.S.C. 
                3311(a)) shall cease to be effective beginning on the 
                date that is 365 days after the date of the enactment 
                of this Act; and
                    (B) not later than 200 days after the date of the 
                enactment of this Act, the President shall provide 
                written notice of withdrawal to the Governments of 
                Canada and Mexico in accordance with Article 2205 of 
                the NAFTA.
            (2) Conditions for continuing participation in nafta.--The 
        conditions described in this paragraph are met if, not later 
        than 120 days after the date of the enactment of this Act--
                    (A) the President--
                            (i) renegotiates the terms of the NAFTA in 
                        accordance with paragraphs (1), (2), and (3) of 
                        subsection (b); and
                            (ii) provides the certification to the 
                        Congress described in subsection (b)(8);
                    (B) the Secretary of Labor and the Secretary of 
                Agriculture provide the certification described in 
                subsection (b)(4);
                    (C) the Secretary of Commerce and the Secretary of 
                Agriculture provide the certification described in 
                subsection (b)(5);
                    (D) the Secretary of Agriculture and the 
                Administrator of the Food and Drug Administration 
                provide the certification described in subsection 
                (b)(6)(A);
                    (E) the Administrator of the Environmental 
                Protection Agency submits the certification described 
                in subsection (b)(6)(B); and
                    (F) the Attorney General of the United States 
                provides the certification described in subsection 
                (b)(7).
    (b) Areas of Renegotiation and Certification.--The areas of 
renegotiation and certification described in this subsection are as 
follows:
            (1) Renegotiate the nafta to correct trade deficits.--The 
        President is authorized and directed to confer with the 
        Governments of Canada and Mexico and to renegotiate the terms 
        of the NAFTA to provide for implementation of emergency 
        adjustments of tariffs, quotas, and other measures to stabilize 
        and balance the flow of trade among the NAFTA Parties when the 
        United States has an annual deficit in trade of goods and 
        services with another NAFTA Party that--
                    (A) exceeds 10 percent of United States exports to 
                that Party; or
                    (B) equals or exceeds $500,000,000 for 3 or more 
                consecutive years.
            (2) Renegotiate the nafta to correct currency 
        distortions.--The President is authorized and directed to 
        confer with the Governments of Canada and Mexico and to 
        renegotiate the terms of the NAFTA to provide for the 
        implementation of emergency adjustments of tariffs, quotas, and 
        other measures to mitigate the adverse effects of rapid or 
        substantial changes in exchange rates between the United States 
        dollar and the currency of another NAFTA Party.
            (3) Renegotiate the nafta to correct agricultural 
        provisions.--The President is authorized and directed to confer 
        with the Governments of Canada and Mexico and to renegotiate 
        the terms of the NAFTA to establish and strengthen provisions 
        to prevent imports of agricultural commodities from any NAFTA 
        Party from unfairly displacing United States production, to 
        provide improved mechanisms for relief for United States 
        producers that are adversely impacted by such imports, and to 
        address the serious and growing problem of Mexico's displaced 
        ejido peasant farmers and crime associated with lawlessness in 
        the United States-Mexico border zone.
            (4) Certification of gains in united states jobs and living 
        standards.--If the Secretary of Labor and the Secretary of 
        Agriculture, after consultation with appropriate government 
        agencies and citizen organizations, determine that--
                    (A) the number of jobs resulting from increased 
                exports of United States goods and services to other 
                NAFTA Parties exceeds the number of jobs lost because 
                of imports of goods and services from other NAFTA 
                Parties since January 1, 1994; and
                    (B) the purchasing power of wage-earners in the 
                United States has increased since January 1, 1994,
        the Secretaries shall so certify to the Congress.
            (5) Certification of increased domestic manufacturing.--If 
        the Secretary of Commerce and the Secretary of Agriculture, 
        after consultation with the appropriate government agencies and 
        citizen organizations, determine that the export of United 
        States manufactured and agricultural goods to the NAFTA Parties 
        exceeds the imports of manufactured and agricultural goods from 
        the NAFTA Parties, the Secretaries shall so certify to the 
        Congress. In making the determination, the Secretaries shall 
        not include any goods originating outside the United States 
        that are exported to another NAFTA Party, nor imports from 
        another NAFTA Party that are destined for other countries.
            (6) Certification relating to health and environmental 
        standards.--
                    (A) In general.--If the Secretary of Agriculture 
                and the Administrator of the Food and Drug 
                Administration, after consultation with appropriate 
                government agencies and citizen organizations, 
                determine, with respect to imports from NAFTA Parties, 
                that since January 1, 1994, there has been a reduced 
                incidence of contaminated and adulterated food, food 
                containing additives or pesticide residues exceeding 
                United States standards, or food containing additives 
                or pesticide residues which cannot be legally used in 
                the United States, the Secretary and Administrator 
                shall so certify to the Congress. In making this 
                determination, all foods and food products, including 
                fruits, vegetables, grains, oilseeds, and meats, both 
                fresh and processed, shall be reviewed.
                    (B) Border area pollution.--If the Administrator of 
                the Environmental Protection Agency determines that 
                conditions affecting public health in the United 
                States-Mexico border zone have not worsened since 
                January 1, 1994, the Administrator shall so certify to 
                the Congress.
            (7) Certification relating to illegal drugs.--If the 
        Attorney General of the United States determines, after a 
        review by the Drug Enforcement Administration and consultation 
        with appropriate government agencies and citizen organizations, 
        that increased imports from the NAFTA Parties are not resulting 
        in an increase in crime with illegal drugs or other controlled 
        substances from Mexico or Canada, the Attorney General shall so 
        certify to the Congress.
            (8) Certification relating to democracy and human 
        freedoms.--If the President, after consultation with 
        appropriate government agencies, international organizations, 
        and citizen organizations, determines that the Government of 
        Mexico--
                    (A) is elected in free and fair elections;
                    (B) protects the rights of its citizens to organize 
                into political parties;
                    (C) protects the rights of its citizens to free 
                speech and the right of the news media to operate 
                without fear of government control or reprisal;
                    (D) protects the rights of its citizens to assemble 
                and to organize associations to advance human rights 
                and economic opportunities; and
                    (E) receives fair and impartial litigation of suits 
                and trials according to the rule of law in a 
                transparent justice system,
        the President shall so certify to the Congress.

SEC. 4. SENSE OF CONGRESS THAT NAFTA NOT BE EXPANDED.

    Until such time as the conditions described in section 3(b) are 
met, it is the sense of the Congress that the President should not 
engage in negotiations to expand the NAFTA to include other countries 
and that trade promotion authority should not be renewed with respect 
to the approval of any such expansion of the NAFTA.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) NAFTA.--The term ``NAFTA'' means the North American 
        Free Trade Agreement entered into between the United States, 
        Canada, and Mexico on December 17, 1992.
            (2) NAFTA party.--The term ``NAFTA Party'' means the United 
        States, Canada, or Mexico.
            (3) United states-mexico border zone.--The term ``United 
        States-Mexico border zone'' means the area that comprises the 
        12-mile zone on the Mexican side of the United States-Mexico 
        border and the counties within any State of the United States 
        that are contiguous with Mexico.
                                 <all>