[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6056 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6056

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2016

  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 NAFTA, 
and to provide for the withdrawal from 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, NAFTA has 
        resulted in a spiraling United States trade deficit with Mexico 
        and Canada that exceeded $76,000,000,000 in 2015, and more than 
        $1,800,000,000,000 since the agreement's inception. Rather than 
        continuous development and expansion as envisioned and growing 
        trade surpluses for the United States, 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 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, 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.--Congress approved 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 
        NAFTA are not being achieved. Therefore, NAFTA should not be 
        expanded to include any other country.
            (4) NAFTA to be renegotiated and benefits certified.--Based 
        on the experience with NAFTA since its implementation, it has 
        become evident that further negotiation is required to resolve 
        fundamental inadequacies within NAFTA with respect to trade 
        balances, currency differentials, health and environmental 
        conditions, agricultural provisions, systems of justice, and 
        illegal immigration. If 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 NAFTA.

SEC. 3. CONDITIONS FOR CONTINUED PARTICIPATION IN 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 NAFTA by 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 6 months 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 
                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 NAFTA in 
                        accordance with paragraphs (1), (2), and (3) of 
                        subsection (b); and
                            (ii) provides the certification to 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 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 NAFTA to provide for implementation of emergency adjustments 
        of tariffs, quotas, and other measures to stabilize and balance 
        the flow of trade among 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 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 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 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 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 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 NAFTA Parties 
        exceeds the imports of manufactured and agricultural goods from 
        NAFTA Parties, the Secretaries shall so certify to 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 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 
                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 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 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 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 Congress that the President should not engage 
in negotiations to expand NAFTA to include other countries and that 
trade promotion authority should not be renewed with respect to the 
approval of any such expansion of 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.
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