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106TH CONGRESS

1ST SESSION H. R. 650

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

FEBRUARY 9, 1999

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.

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

3 SECTION 1. REPORTS ASSESSING THE IMPACT OF NAFTA

4 ON JOBS AND THE ENVIRONMENT.

5 (a) REPORT ON DOMESTIC MANUFACTURING AND

6 JOBS.—The Secretary of Commerce, after consultation

7 with the appropriate government agencies, shall determine

8 the levels of exports of United States manufactured goods

9 to the NAFTA parties and imports into the United States

10 of manufactured goods from NAFTA parties, and the
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1 number of jobs that have resulted from increased exports

2 of manufactured goods to NAFTA parties and the loss

3 of jobs that have resulted from increased imports into the

4 United States of manufactured goods from NAFTA par5 ties since January 1, 1994. The Secretary of Commerce

6 shall submit to the Congress a report on the determina7 tions made under this paragraph not later than 6 months

8 after the date of the enactment of this Act.

9 (b) REPORT RELATING TO HEALTH AND ENVIRON10 MENTAL IMPACTS OF NAFTA.—The Administrator of the

11 Environmental Protection Agency, in consultation with

12 the Secretariat for the NAFTA Commission on Environ13 mental Cooperation, shall conduct investigations of wheth14 er pollution and health hazards in the United States have

15 worsened since January 1, 1994, to the extent they may

16 be attributable to the implementation of NAFTA, and spe17 cifically in and around the United States-Mexico border

18 and the United States-Canada border, and shall report to

19 the Congress on the results of those investigations not

20 later than 6 months after the date of the enactment of

21 this Act.

22 SEC. 2. PRESIDENTIAL CERTIFICATIONS.

23 (a) CERTIFICATIONS REGARDING ENVIRONMENTAL

24 AGREEMENT.—
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1 (1) ANNUAL CERTIFICATIONS.—The President

2 shall, on the basis of the reports prepared under

3 paragraph (2), submit to the Congress, not later

4 than May 31 of each year, a report that certifies

5 whether or not each NAFTA country is meeting

6 commitments made in the North American Agree7 ment on Environmental Cooperation—

8 (A) to ensure that the regulations of that

9 country establish and enforce levels of environ10 mental protection that meet the requirements of

11 its constitution and other laws setting forth the

12 country’s policy on environmental protection;

13 and

14 (B) to effectively enforce the laws referred

15 to in paragraph (1).

16 (2) BASIS OF CERTIFICATION.—The Adminis17 trator of the Environmental Protection Agency shall

18 prepare for the President an annual report on the

19 enforcement by each NAFTA country of its laws

20 governing environmental protection, and its progress

21 in protecting the environment in accordance with its

22 development. In doing so, the Administrator shall

23 consider the country’s—

24 (A) air quality standards;

25 (B) water effluent standards; and
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1 (C) hazardous waste disposal standards.

2 Each report under this paragraph shall be transmit3 ted to the President not later than 30 days before

4 the date on which the President is required to sub5 mit his report under paragraph (1).

6 (b) CERTIFICATIONS REGARDING LABOR AGREE7 MENT.—

8 (1) ANNUAL CERTIFICATIONS.—The President

9 shall, on the basis of the reports prepared under

10 paragraph (2), submit to the Congress, not later

11 than May 31 of each year, a report that certifies

12 whether or not each NAFTA country is meeting

13 commitments made in the North American Agree14 ment on Labor Cooperation to comply with the ob15 jectives of that Agreement to promote and improve

16 laws protecting worker rights and to promote com17 pliance with these laws by using appropriate meth18 ods such as—

19 (A) monitoring and on-site inspection by

20 persons trained to do so;

21 (B) encouragement of voluntary compli22 ance by employers;

23 (C) mandatory reporting by employers to

24 appropriate governmental authorities; and

25 (D) enforcement actions.
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1 (2) BASIS OF CERTIFICATION.—The Secretary

2 of Labor shall prepare for the President an annual

3 report on the enforcement by each NAFTA country

4 of its laws protecting worker rights. In doing so, the

5 Secretary shall consider the country’s enforcement of

6 such laws in accordance with the following labor

7 principles (as stated in the Preamble of the North

8 American Agreement on Labor Cooperation):

9 (A) Freedom of association.

10 (B) The right to bargain collectively.

11 (C) The right to strike.

12 (D) Prohibition on forced labor.

13 (E) Restrictions on labor by children and

14 young people.

15 (F) Minimum employment standards.

16 (G) Elimination of employment discrimina17 tion.

18 (H) Equal pay for men and women.

19 (I) Prevention of occupational accidents

20 and diseases.

21 (J) Compensation in cases of work acci22 dents and occupational diseases.

23 Each report under this paragraph shall be transmit24 ted to the President not later than 30 days before
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1 the date on which the President is required to sub2 mit his report under paragraph (1).

3 SEC. 3. DEFINITIONS.

4 As used in this Act:

5 (1) INTERNATIONAL FINANCIAL INSTITU6 TION.—The term ‘‘international financial institu7 tion’’ has the meaning given that term in section

8 1701(c)(2) of the International Financial Institu9 tions Act (22 U.S.C. 262r(c)(2)).

10 (2) NAFTA.—The term ‘‘NAFTA’’ means the

11 North American Free Trade Agreement entered into

12 by the United States, Canada, and Mexico on De13 cember 17, 1992.

14 (3) NAFTA COUNTRY.—The term ‘‘NAFTA

15 country’’ has the meaning given that term in section

16 2(4) of the North American Free Trade Agreement

17 Implementation Act (19 U.S.C. 3301(4)).

18 (4) NAFTA PARTY.—The term ‘‘NAFTA

19 party’’ means the United States, Canada, or Mexico.

20 (5) NORTH AMERICAN AGREEMENT ON ENVI21 RONMENTAL COOPERATION.—The term ‘‘North

22 American Agreement on Environmental Coopera23 tion’’ has the meaning given that term in section

24 532(b)(2) of the North American Free Trade Agree25 ment Implementation Act (19 U.S.C. 3472(b)(2)).
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1 (6) NORTH AMERICAN AGREEMENT ON LABOR

2 COOPERATION.—The term ‘‘North American Agree3 ment on Labor Cooperation’’ has the meaning given

4 that term in section 531(b)(2) of the North Amer5 ican Free Trade Agreement Implementation Act (19

6 U.S.C. 3471(b)(2)).

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