[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2861 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 2861

 To direct the United States Trade Representative to prioritize North 
 American alignment on foreign investment review during the next joint 
   review conducted under the United States-Mexico-Canada Agreement.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 18 (legislative day, September 16), 2025

    Mr. McCormick (for himself and Ms. Cortez Masto) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
 To direct the United States Trade Representative to prioritize North 
 American alignment on foreign investment review during the next joint 
   review conducted under the United States-Mexico-Canada Agreement.

    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 ``Protecting the USMCA from Harmful 
Chinese Investment Act''.

SEC. 2. NORTH AMERICAN ALIGNMENT ON FOREIGN INVESTMENT REVIEW.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) Canada and Mexico are the two largest trading partners 
        of the United States, with bilateral goods and services trade 
        between the United States and each such country reaching 
        approximately $1,000,000,000,000 in 2024;
            (2) the United States-Mexico-Canada Agreement (USMCA) 
        underpins much of the trade referred to in paragraph (1) and 
        promotes a strong North American supply chain that supports 
        millions of good-paying jobs in the United States;
            (3) given the close economic relationship between the 
        United States, Mexico, and Canada under the USMCA, ensuring 
        that each party has robust investment review mechanisms in 
        place is important towards strengthening the collective 
        national security interests of those countries against risks 
        stemming from foreign investments by nonmarket economy 
        countries, including the People's Republic of China;
            (4) the Committee on Foreign Investment in the United 
        States plays a critical role in protecting the national 
        security of the United States by reviewing foreign investments 
        for national security risks; and
            (5) the establishment by Mexico and Canada of legislative 
        and regulatory frameworks to review foreign investments for 
        national security risks that are similar to the framework 
        established under section 721 of the Defense Production Act of 
        1950 (50 U.S.C. 4565) would--
                    (A) advance the national security interests of the 
                United States; and
                    (B) allow for closer coordination between the USMCA 
                countries with respect to shared threats from 
                investments by nonmarket economy countries in 
                strategically important economic sectors and critical 
                infrastructure in North America.
    (b) Joint Review Negotiation Objective.--Subject to the 
requirements of section 611 of the United States-Mexico-Canada 
Agreement Implementation Act (19 U.S.C. 4611), during the first joint 
review conducted after the date of the enactment of this Act, the Trade 
Representative shall advocate for--
            (1) each USMCA country to implement a legislative and 
        regulatory framework for reviewing foreign investment for 
        national security risks that is similar to the framework 
        established under section 721 of the Defense Production Act of 
        1950 (50 U.S.C. 4565); and
            (2) the establishment of a mechanism for USMCA countries to 
        coordinate to address shared threats from investments by 
        nonmarket economy countries.
    (c) Technical Assistance.--In carrying out subsection (b), the 
Trade Representative shall coordinate with the Secretary of the 
Treasury and the Secretary of State with respect to the provision of 
technical assistance to USMCA countries to support the establishment of 
frameworks for reviewing foreign investments for national security 
risks.
    (d) Definitions.--In this section:
            (1) Joint review.--The term ``joint review'' has the 
        meaning given that term in section 611 of the United States-
        Mexico-Canada Agreement Implementation Act (19 U.S.C. 4611).
            (2) Nonmarket economy country.--The term ``nonmarket 
        economy country'' has the meaning given that term in section 
        771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).
            (3) Technical assistance.--The term ``technical 
        assistance'' includes--
                    (A) the use of short-term and long-term expert 
                advisers to assist foreign governments with the 
                establishment of frameworks for reviewing foreign 
                investments for national security risks;
                    (B) training in the recipient country, the United 
                States, or elsewhere for the establishment of such 
                frameworks;
                    (C) grants of goods, services, or funds to foreign 
                governments;
                    (D) grants to United States nonprofit organizations 
                to provide services or products that contribute to the 
                provision of advice to foreign governments; and
                    (E) study tours for foreign officials in the United 
                States or elsewhere for the purpose of providing 
                technical information to such officials.
            (4) Trade representative.--The term ``Trade 
        Representative'' means the United States Trade Representative.
            (5) USMCA.--The term ``USMCA'' has the meaning given that 
        term in section 3 of the United States-Mexico-Canada Agreement 
        Implementation Act (19 U.S.C. 4502).
            (6) USMCA country.--The term ``USMCA country'' has the 
        meaning given that term in section 202(a) of the United States-
        Mexico-Canada Agreement Implementation Act (19 U.S.C. 4531(a)).
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