I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘NAFTA Accountability 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress makes the following findings: 


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1 (1) RISING DEFICITS IN UNITED STATES TRADE

2 ACCOUNTS.—One of the purposes of the North 

3 American Free Trade Agreement (NAFTA), as stat4 ed in the preamble, is to ‘‘create an expanded and 

5 secure market’’ for goods and services. Instead, the 

6 NAFTA has resulted in a spiraling United States 

7 trade deficit with Mexico and Canada that exceeded 

8 $93,000,000,000 in 2010, and more than 

9 $1,300,000,000,000 since the agreement’s inception. 

10 Rather than continuous development and expansion 

11 as envisioned and growing trade surpluses for the 

12 United States, the NAFTA has resulted in United 

13 States job losses and escalating trade deficits. 

14 (2) EROSION OF THE UNITED STATES MANU15 FACTURING BASE.—One of the purposes of the 

16 NAFTA is to enhance the competitiveness of firms 

17 in the global market. However, rather than increase 

18 the ability of the manufacturing sector in the United 

19 States to compete in the world market, the NAFTA 

20 has facilitated and accelerated the outsourcing of 

21 United States manufacturing facilities and jobs to 

22 lower-wage Mexico. Conservatively, NAFTA has led 

23 to nearly 1,000,000 American job losses. Conversely, 

24 Mexico has become an export platform displacing 

25 United States production. An unprecedented flood of 


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1 imports of manufactured and agricultural goods now 

2 enter the United States. Further, Mexico has experi3 enced an outsourcing of productivity to even lower4 wage China, as Chinese imports to Mexico have 

5 grown and are imported into the United States. 

6 (3) NAFTA SHOULD NOT BE EXPANDED.—The 

7 Congress approved the NAFTA in order to achieve 

8 economic, social, and environmental benefits for the 

9 people of the United States. Based on currently 

10 available information, the goals and objectives of the 

11 NAFTA are not being achieved. Therefore, the 

12 NAFTA should not be expanded to include any 

13 other country. 

14 (4) NAFTA TO BE RENEGOTIATED AND BENE15 FITS CERTIFIED.—Based on the experience with the 

16 NAFTA since its implementation, it has become evi17 dent that further negotiation is required to resolve 

18 fundamental inadequacies within the NAFTA with 

19 respect to trade balances, currency differentials, 

20 health and environmental conditions, agricultural 

21 provisions, systems of justice, and illegal immigra22 tion. If the NAFTA is to continue, Congress must 

23 require certification of specific measures of eco24 nomic, social, legal, and environmental progress. 


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1 Otherwise Congress has no choice but to withdraw 

2 its approval of the NAFTA. 

3 SEC. 3. CONDITIONS FOR CONTINUED PARTICIPATION IN 

4 THE NAFTA. 

5 (a) IN GENERAL.— 

6 (1) WITHDRAWAL OF APPROVAL.—Notwith7 standing any other provision of law, unless each of 

8 the conditions described in paragraph (2) is met— 

9 (A) the approval of the NAFTA by the 

10 Congress provided for in section 101(a) of the 

11 North American Free Trade Agreement Imple12 mentation Act (19 U.S.C. 3311(a)) shall cease 

13 to be effective beginning on the date that is 365 

14 days after the date of the enactment of this 

15 Act; and 

16 (B) not later than 200 days after the date 

17 of the enactment of this Act, the President 

18 shall provide written notice of withdrawal to the 

19 Governments of Canada and Mexico in accord20 ance with Article 2205 of the NAFTA. 

21 (2) CONDITIONS FOR CONTINUING PARTICIPA22 TION IN NAFTA.—The conditions described in this 

23 paragraph are met if, not later than 120 days after 

24 the date of the enactment of this Act— 

25 (A) the President— 


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1 (i) renegotiates the terms of the 

2 NAFTA in accordance with paragraphs 

3 (1), (2), and (3) of subsection (b); and 

4 (ii) provides the certification to the 

5 Congress described in subsection (b)(8); 

6 (B) the Secretary of Labor and the Sec7 retary of Agriculture provide the certification 

8 described in subsection (b)(4); 

9 (C) the Secretary of Commerce and the 

10 Secretary of Agriculture provide the certifi11 cation described in subsection (b)(5); 

12 (D) the Secretary of Agriculture and the 

13 Administrator of the Food and Drug Adminis14 tration provide the certification described in 

15 subsection (b)(6)(A); 

16 (E) the Administrator of the Environ17 mental Protection Agency submits the certifi18 cation described in subsection (b)(6)(B); and 

19 (F) the Attorney General of the United 

20 States provides the certification described in 

21 subsection (b)(7). 

22 (b) AREAS OF RENEGOTIATION AND CERTIFI23 CATION.—The areas of renegotiation and certification de24 scribed in this subsection are as follows: 


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1 (1) RENEGOTIATE THE NAFTA TO CORRECT

2 TRADE DEFICITS.—The President is authorized and 

3 directed to confer with the Governments of Canada 

4 and Mexico and to renegotiate the terms of the 

5 NAFTA to provide for implementation of emergency 

6 adjustments of tariffs, quotas, and other measures 

7 to stabilize and balance the flow of trade among the 

8 NAFTA Parties when the United States has an an9 nual deficit in trade of goods and services with an10 other NAFTA Party that— 

11 (A) exceeds 10 percent of United States 

12 exports to that Party; or 

13 (B) equals or exceeds $500,000,000 for 3 

14 or more consecutive years. 

15 (2) RENEGOTIATE THE NAFTA TO CORRECT

16 CURRENCY DISTORTIONS.—The President is author17 ized and directed to confer with the Governments of 

18 Canada and Mexico and to renegotiate the terms of 

19 the NAFTA to provide for the implementation of 

20 emergency adjustments of tariffs, quotas, and other 

21 measures to mitigate the adverse effects of rapid or 

22 substantial changes in exchange rates between the 

23 United States dollar and the currency of another 

24 NAFTA Party. 


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1 (3) RENEGOTIATE THE NAFTA TO CORRECT AG2 RICULTURAL PROVISIONS.—The President is author3 ized and directed to confer with the Governments of 

4 Canada and Mexico and to renegotiate the terms of 

5 the NAFTA to establish and strengthen provisions 

6 to prevent imports of agricultural commodities from 

7 any NAFTA Party from unfairly displacing United 

8 States production, to provide improved mechanisms 

9 for relief for United States producers that are ad10 versely impacted by such imports, and to address the 

11 serious and growing problem of Mexico’s displaced 

12 ejido peasant farmers and crime associated with law13 lessness in the United States–Mexico border zone. 

14 (4) CERTIFICATION OF GAINS IN UNITED

15 STATES JOBS AND LIVING STANDARDS.—If the Sec16 retary of Labor and the Secretary of Agriculture, 

17 after consultation with appropriate government 

18 agencies and citizen organizations, determine that— 

19 (A) the number of jobs resulting from in20 creased exports of United States goods and 

21 services to other NAFTA Parties exceeds the 

22 number of jobs lost because of imports of goods 

23 and services from other NAFTA Parties since 

24 January 1, 1994; and 


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1 (B) the purchasing power of wage-earners 

2 in the United States has increased since Janu3 ary 1, 1994, 

4 the Secretaries shall so certify to the Congress. 

5 (5) CERTIFICATION OF INCREASED DOMESTIC

6 MANUFACTURING.—If the Secretary of Commerce 

7 and the Secretary of Agriculture, after consultation 

8 with the appropriate government agencies and cit9 izen organizations, determine that the export of 

10 United States manufactured and agricultural goods 

11 to the NAFTA Parties exceeds the imports of manu12 factured and agricultural goods from the NAFTA 

13 Parties, the Secretaries shall so certify to the Con14 gress. In making the determination, the Secretaries 

15 shall not include any goods originating outside the 

16 United States that are exported to another NAFTA 

17 Party, nor imports from another NAFTA Party that 

18 are destined for other countries. 

19 (6) CERTIFICATION RELATING TO HEALTH AND

20 ENVIRONMENTAL STANDARDS.— 

21 (A) IN GENERAL.—If the Secretary of Ag22 riculture and the Administrator of the Food 

23 and Drug Administration, after consultation 

24 with appropriate government agencies and cit25 izen organizations, determine, with respect to 


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1 imports from NAFTA Parties, that since Janu2 ary 1, 1994, there has been a reduced incidence 

3 of contaminated and adulterated food, food con4 taining additives or pesticide residues exceeding 

5 United States standards, or food containing ad6 ditives or pesticide residues which cannot be le7 gally used in the United States, the Secretary 

8 and Administrator shall so certify to the Con9 gress. In making this determination, all foods 

10 and food products, including fruits, vegetables, 

11 grains, oilseeds, and meats, both fresh and 

12 processed, shall be reviewed. 

13 (B) BORDER AREA POLLUTION.—If the 

14 Administrator of the Environmental Protection 

15 Agency determines that conditions affecting 

16 public health in the United States–Mexico bor17 der zone have not worsened since January 1, 

18 1994, the Administrator shall so certify to the 

19 Congress. 

20 (7) CERTIFICATION RELATING TO ILLEGAL

21 DRUGS.—If the Attorney General of the United 

22 States determines, after a review by the Drug En23 forcement Administration and consultation with ap24 propriate government agencies and citizen organiza25 tions, that increased imports from the NAFTA ParVerDate Mar 15 2010 23:49 Jun 27, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2287.IH H2287

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1 ties are not resulting in an increase in crime with il2 legal drugs or other controlled substances from Mex3 ico or Canada, the Attorney General shall so certify 

4 to the Congress. 

5 (8) CERTIFICATION RELATING TO DEMOCRACY

6 AND HUMAN FREEDOMS.—If the President, after 

7 consultation with appropriate government agencies, 

8 international organizations, and citizen organiza9 tions, determines that the Government of Mexico— 

10 (A) is elected in free and fair elections; 

11 (B) protects the rights of its citizens to or12 ganize into political parties; 

13 (C) protects the rights of its citizens to 

14 free speech and the right of the news media to 

15 operate without fear of government control or 

16 reprisal; 

17 (D) protects the rights of its citizens to as18 semble and to organize associations to advance 

19 human rights and economic opportunities; and 

20 (E) receives fair and impartial litigation of 

21 suits and trials according to the rule of law in 

22 a transparent justice system, 

23 the President shall so certify to the Congress. 


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1 SEC. 4. SENSE OF CONGRESS THAT NAFTA NOT BE EX2 PANDED. 

3 Until such time as the conditions described in section 

4 3(b) are met, it is the sense of the Congress that the Presi5 dent should not engage in negotiations to expand the 

6 NAFTA to include other countries and that trade pro7 motion authority should not be renewed with respect to 

8 the approval of any such expansion of the NAFTA. 

9 SEC. 5. DEFINITIONS. 

10 In this Act: 

11 (1) NAFTA.—The term ‘‘NAFTA’’ means the 

12 North American Free Trade Agreement entered into 

13 between the United States, Canada, and Mexico on 

14 December 17, 1992. 

15 (2) NAFTA PARTY.—The term ‘‘NAFTA 

16 Party’’ means the United States, Canada, or Mexico. 

17 (3) UNITED STATES–MEXICO BORDER ZONE.— 

18 The term ‘‘United States–Mexico border zone’’ 

19 means the area that comprises the 12-mile zone on 

20 the Mexican side of the United States–Mexico border 

21 and the counties within any State of the United 

22 States that are contiguous with Mexico. 

Æ 


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