[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3540 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3540

  To assess the impact of the North American Free Trade Agreement on 
     domestic job loss and the environment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 1998

  Ms. Rivers 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 on 
     domestic job loss and the environment, and for other purposes.

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

SECTION 1. REPORTS ASSESSING THE IMPACT OF NAFTA ON JOBS AND THE 
              ENVIRONMENT.

    (a) Report on Domestic Manufacturing and Jobs.--The Secretary of 
Commerce, after consultation with the appropriate government agencies, 
shall determine the levels of exports of United States manufactured 
goods to the NAFTA parties and imports into the United States of 
manufactured goods from NAFTA parties, and the number of jobs that have 
resulted from increased exports of manufactured goods to NAFTA parties 
and the loss of jobs that have resulted from increased imports into the 
United States of manufactured goods from NAFTA parties since January 1, 
1994. The Secretary of Commerce shall submit to the Congress a report 
on the determinations made under this paragraph not later than 6 months 
after the date of the enactment of this Act.
    (b) Report Relating to Health and Environmental Impacts of NAFTA.--
The Administrator of the Environmental Protection Agency, in 
consultation with the Secretariat for the NAFTA Commission on 
Environmental Cooperation, shall conduct investigations of whether 
pollution and health hazards in the United States have worsened since 
January 1, 1994, to the extent they may be attributable to the 
implementation of NAFTA, and specifically in and around the United 
States-Mexico border and the United States-Canada border, and shall 
report to the Congress on the results of those investigations not later 
than 6 months after the date of the enactment of this Act.

SEC. 2. PRESIDENTIAL CERTIFICATIONS.

    (a) Certifications Regarding Environmental Agreement.--
            (1) Annual certifications.--The President shall, on the 
        basis of the reports prepared under paragraph (2), submit to 
        the Congress, not later than May 31 of each year, a report that 
        certifies whether or not each NAFTA country is meeting 
        commitments made in the North American Agreement on 
        Environmental Cooperation--
                    (A) to ensure that the regulations of that country 
                establish and enforce levels of environmental 
                protection that meet the requirements of its 
                constitution and other laws setting forth the country's 
                policy on environmental protection; and
                    (B) to effectively enforce the laws referred to in 
                paragraph (1).
            (2) Basis of certification.--The Administrator of the 
        Environmental Protection Agency shall prepare for the President 
        an annual report on the enforcement by each NAFTA country of 
        its laws governing environmental protection, and its progress 
        in protecting the environment in accordance with its 
        development. In doing so, the Administrator shall consider the 
        country's--
                    (A) air quality standards;
                    (B) water effluent standards; and
                    (C) hazardous waste disposal standards.
        Each report under this paragraph shall be transmitted to the 
        President not later than 30 days before the date on which the 
        President is required to submit his report under paragraph (1).
    (b) Certifications Regarding Labor Agreement.--
            (1) Annual certifications.--The President shall, on the 
        basis of the reports prepared under paragraph (2), submit to 
        the Congress, not later than May 31 of each year, a report that 
        certifies whether or not each NAFTA country is meeting 
        commitments made in the North American Agreement on Labor 
        Cooperation to comply with the objectives of that Agreement to 
        promote and improve laws protecting worker rights and to 
        promote compliance with these laws by using appropriate methods 
        such as--
                    (A) monitoring and on-site inspection by persons 
                trained to do so;
                    (B) encouragement of voluntary compliance by 
                employers;
                    (C) mandatory reporting by employers to appropriate 
                governmental authorities; and
                    (D) enforcement actions.
            (2) Basis of certification.--The Secretary of Labor shall 
        prepare for the President an annual report on the enforcement 
        by each NAFTA country of its laws protecting worker rights. In 
        doing so, the Secretary shall consider the country's 
        enforcement of such laws in accordance with the following labor 
        principles (as stated in the Preamble of the North American 
        Agreement on Labor Cooperation):
                    (A) Freedom of association.
                    (B) The right to bargain collectively.
                    (C) The right to strike.
                    (D) Prohibition on forced labor.
                    (E) Restrictions on labor by children and young 
                people.
                    (F) Minimum employment standards.
                    (G) Elimination of employment discrimination.
                    (H) Equal pay for men and women.
                    (I) Prevention of occupational accidents and 
                diseases.
                    (J) Compensation in cases of work accidents and 
                occupational diseases.
        Each report under this paragraph shall be transmitted to the 
        President not later than 30 days before the date on which the 
        President is required to submit his report under paragraph (1).

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) International financial institution.--The term 
        ``international financial institution'' has the meaning given 
        that term in section 1701(c)(2) of the International Financial 
        Institutions Act (22 U.S.C. 262r(c)(2)).
            (2) NAFTA.--The term ``NAFTA'' means the North American 
        Free Trade Agreement entered into by the United States, Canada, 
        and Mexico on December 17, 1992.
            (3) NAFTA country.--The term ``NAFTA country'' has the 
        meaning given that term in section 2(4) of the North American 
        Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)).
            (4) NAFTA party.--The term ``NAFTA party'' means the United 
        States, Canada, or Mexico.
            (5) North american agreement on environmental 
        cooperation.--The term ``North American Agreement on 
        Environmental Cooperation'' has the meaning given that term in 
        section 532(b)(2) of the North American Free Trade Agreement 
        Implementation Act (19 U.S.C. 3472(b)(2)).
            (6) North american agreement on labor cooperation.--The 
        term ``North American Agreement on Labor Cooperation'' has the 
        meaning given that term in section 531(b)(2) of the North 
        American Free Trade Agreement Implementation Act (19 U.S.C. 
        3471(b)(2)).
            (7) United states assistance.--The term ``United States 
        assistance'' means any program of assistance or credits 
        provided by the United States to other countries under any 
        provision of law.
                                 <all>