Mr. WINDU, for himself, introduces the following bill;

A BILL

To assess the impact of NAFTA, require the renegotiation of certain provisions of NAFTA, and 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. 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 shall cease to be effective on January 1, 2009; and

(B) not later than July 1, 2008, the President shall provide 6 months 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 that before March 31, 2008--

(A) the President--

(i) provide the certification to Congress described in subsection (b)(6); and

(ii) renegotiate the terms of NAFTA in accordance with section 4;

(B) the Secretary of Commerce provide the certification described in subsection (b)(1);

© the Secretary of the Treasury provide the certification described in subsection (b)(2);

(D) the Secretary of Labor provide the certification described in subsection (b)(3);

(E) the Secretary of Agriculture and the Administrator of the Food and Drug Administration provide the certification described in subsection (b)(4)(A);

(F) the Administrator of the Environmental Protection Agency submit the certification and report described in subsection (b)(4)(B);

(G) the Attorney General of the United States provide the certification described in subsection (b)(5);

(H) the Secretary of Agriculture provide the certification described in subsection (b)(7); and

(I) the Secretary of Transportation provide the certification described in subsection (b)(8).

(b) AREAS OF CERTIFICATION- The areas of certification described in this subsection are as follows:

(1) CERTIFICATION OF THE NAFTA BALANCE OF TRADE- If the Secretary of Commerce, after consulting with appropriate government agencies and citizen organizations, determines that the cumulative trade balance between the United States and Mexico and the United States and Canada during the first 3 years that NAFTA was in effect is at least as positive as in the 3 years before NAFTA took effect, so that the net trade balance does not show a greater overall deficit, the Secretary shall so certify.

(2) CERTIFICATION OF CURRENCY VALUES- If the Secretary of the Treasury, after consulting with appropriate government agencies and citizen organizations, determines that the exchange rates between the United States dollar and both the Canadian dollar and the Mexican peso are within 10 percent of the exchange rates when NAFTA took effect, the Secretary shall so certify.

(3) CERTIFICATION OF NAFTA'S EFFECTS ON UNITED STATES JOBS AND LIVING STANDARDS- If the Secretary of Labor, after consultation with appropriate government agencies and citizen organizations, determines that--

(A) the number of specific United States jobs resulting from increased exports of United States manufactured goods to other NAFTA Parties exceeds the number of specific jobs lost because of imports of manufactured goods from other NAFTA Parties since January 1, 1994, by comparing jobs created with jobs lost, and

(B) the hourly real wage rate of wage earners in the United States has not decreased since January 1, 1994,

the Secretary shall so certify to Congress.

(4) 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. Special attention shall be given to foods which have had a history of violations of United States standards or laws described in this subparagraph.

(B) BORDER AREA POLLUTION- (i) If the Administrator of the Environmental Protection Agency determines, taking into account the matters required to be included in the report under clause (ii), that conditions affecting public health and the environment in the United States-Mexico border zone have not worsened since January 1, 1994, the Administrator shall so certify to Congress.

(ii) In addition, the Administrator, in consultation with the Secretariat for the NAFTA Commission on Environmental Cooperation, shall report to Congress on the outcomes of the investigations by the Environmental Protection Agency on pollution and health hazards in and around the United States-Mexico border zone since NAFTA went into effect. The report shall include--

(I) a description and status report of all industrial site cleanup and environmental improvement projects begun in the border zone since January 1, 1994;

(II) information available from local, State, and Federal health agencies reflecting the incidence since January 1, 1990, in and around the border zone of hepatitis, neural stem birth defects, lupus, chronic diarrhea, tuberculosis, nonneural birth defects, cholera, botulism, and other disorders commonly related to industrial pollution, inadequate infrastructures, and hazardous waste; and

(III) information on the incidence of air and water pollution since January 1, 1990, and the causes, levels, and types of pollution which have occurred.

(5) 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 the importation into the United States of illegal drugs or other controlled substances from Mexico or Canada has not increased since NAFTA went into effect, the Attorney General shall so certify to Congress. The Attorney General, through the Drug Enforcement Administration, shall conduct a thorough review and report to Congress regarding the flow of illegal drugs from Mexico and Canada and the relationship of such flow to trade of other commodities and services with the NAFTA Parties.

(6) CERTIFICATION RELATING TO DEMOCRACY AND HUMAN FREEDOMS- If the President, after consultation with appropriate government agencies, international organizations, and citizen organizations, determines that each NAFTA Party--

(A) elects its government in free and fair elections;

(B) protects the rights of its citizens to organize into political parties;

© 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; and

(D) protects the rights of its citizens to assemble and to organize associations to advance human rights and economic opportunities,

the President shall so certify to Congress.

(7) CERTIFICATION RELATING TO NAFTA'S EFFECT ON UNITED STATES AGRICULTURE- If the Secretary of Agriculture, after consultation with appropriate government agencies and citizen organizations, determines that United States agricultural interests have been left in at least as good a position as before NAFTA, the Secretary shall so certify to Congress.

(8) CERTIFICATION RELATING TO HIGHWAY SAFETY- If the Secretary of Transportation, after consultation with attorneys general of the States, law enforcement officials, State highway safety agencies, other appropriate government agencies, and citizen organizations, determines that a comprehensive enforcement system is in place to ensure that every Mexican commercial truck or bus is properly inspected so that the vehicle and its driver are in compliance with United States transportation safety standards before crossing the border into the United States, the Secretary shall so certify to Congress. In making such determination, the Secretary shall review and take into account the results of border inspections of Mexican vehicles coming into the United States since January 1, 1994.

SEC. 4. RENEGOTIATIONS.

(a) 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 adjustments of tariffs, quotas, and other measures to stabilize the flow of trade among the NAFTA Parties when the dollar value of United States imports of goods and services from another NAFTA Party exceeds 10 percent of the dollar value of United States exports to that Party.

(b) 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 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.

© RENEGOTIATE NAFTA TO CORRECT JOB LOSS- The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of NAFTA to ensure that under NAFTA trade with Mexico and Canada creates at least as many United States jobs as it costs United States jobs as measured by specific jobs created since January 1, 1994, compared to specific jobs lost since January 1, 1994, in United States trade with Mexico and Canada.

(d) RENEGOTIATE NAFTA TO PROTECT PUBLIC HEALTH AND THE ENVIRONMENT- The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of NAFTA to ensure that--

(1) under NAFTA--

(A) the rate of importation of food failing United States safety standards from Mexico and Canada,

(B) the rate of hepatitis, chronic diarrhea, and other pollution-related diseases along the United States-Mexico border, and

© the rate of toxic waste dumping and other improper disposal along the United States-Mexico and United States-Canada borders,

are no higher than before NAFTA went into effect; and

(2) under NAFTA the air and water quality in the United States-Mexico border zone, and along and near the border between the United States and Canada, as determined under the Clean Air Act and the Federal Water Pollution Control Act, are no worse than before NAFTA went into effect.

(e) RENEGOTIATE NAFTA TO INTERDICT DRUG TRAFFIC- The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of NAFTA, including those relating to increasing border inspection of all cargoes coming from Mexico and Canada carried by truck, rail, or ship, to ensure that the flow of illegal drugs into the United States from Mexico or Canada is no greater than such illegal drug flow before NAFTA went into effect.

(f) 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 provide for the implementation of tariffs, quotas, and other measures to bring the levels of wheat, durum wheat, and barley imported from Canada to levels that are comparable to the levels of these products imported during the 10-year period before the date NAFTA went into effect. The President is further authorized and directed to renegotiate NAFTA to establish and strengthen provisions to prevent imports of agricultural commodities from any NAFTA Party from unfairly displacing United States production and to provide improved mechanisms for relief for United States producers that are adversely affected by such imports.

(g) RENEGOTIATE NAFTA TO ENSURE COMPLIANCE WITH UNITED STATES TRANSPORTATION STANDARDS- The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of NAFTA and other relevant agreements to provide for implementation of a comprehensive enforcement system to ensure that every commercial truck or bus entering the United States is properly inspected so that the vehicle and its driver are in compliance with United States transportation standards before entering the United States.

SEC. 5. CONSULTATION WITH CONGRESS.

The President shall consult regularly with Congress regarding the certifications described in section 3(b) and the renegotiations described in section 4. The United States Trade Representative shall consult with the appropriate committees of Congress in the development of any technical and conforming amendments that may be required to carry out the provisions of this Act.

SEC. 6. NO EXPANSION OF NAFTA.

Until such time as the conditions described in section 3 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 fast-track authority should not be renewed with respect to the approval of any such expansion of NAFTA.

SEC. 7. DEFINITIONS.

As used 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, and effective as of January 1, 1994.

(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.