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103D CONGRESS

1ST SESSION H. R. 3219

To amend the National Environmental Policy Act of 1969 to clarify the

application of that Act to extraterritorial actions of the Federal Government.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 5, 1993

Mr. OWENS introduced the following bill; which was referred to the Committee

on Merchant Marine and Fisheries

A BILL

To amend the National Environmental Policy Act of 1969

to clarify the application of that Act to extraterritorial

actions of the Federal Government.

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

3 SECTION 1. CLARIFICATION OF APPLICATION OF NA4 TIONAL ENVIRONMENTAL POLICY ACT OF

5 1969 TO EXTRATERRITORIAL ACTIONS.

6 (a) STATEMENT OF GENERAL ENVIRONMENTAL

7 POLICY.—Section 101(b) of the National Environmental

8 Policy Act of 1969 (42 U.S.C. 4331(b)) is amended—

9 (1) in paragraph (5) by striking ‘‘and’’ follow10 ing the semicolon;
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1 (2) in paragraph (6) by striking the period and

2 inserting ‘‘; and’’; and

3 (3) by adding at the end the following new

4 paragraph:

5 ‘‘(7) provide world leadership in ensuring a

6 healthy and stable global environment.’’.

7 (b) FEDERAL AGENCY ACTION REGARDING GLOBAL

8 ENVIRONMENT.—Section 102(2)(F) of the National Envi9 ronmental Policy Act of 1969 (42 U.S.C. 4332(2)(F)) is

10 amended to read as follows:

11 ‘‘(F) recognize the global and long-range char12 acter of environmental problems and work vigorously

13 to develop and implement policies, plans, and actions

14 designed to support national and international ef15 forts to enhance the quality of the global environ16 ment;’’.

17 (c) ENVIRONMENTAL IMPACT STATEMENTS FOR

18 EXTRATERRITORIAL ACTIONS.—Section 102 of the Na19 tional Environmental Policy Act of 1969 (42 U.S.C. 4332)

20 is amended—

21 (1) by inserting ‘‘(a)’’ before ‘‘The Congress au22 thorizes’’; and

23 (2) by adding at the end the following:

24 ‘‘(b)(1) The requirement to include detailed state25 ments under subsection (a)(2)(C) applies to
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1 extraterritorial major Federal actions significantly affect2 ing the environment.

3 ‘‘(2)(A) The President shall include with each pro4 posal by the President or the Executive Office of the Presi5 dent for legislation to implement any trade agreement sig6 nificantly affecting the environment that is signed after

7 December 16, 1992, a detailed statement in accordance

8 with the requirements applicable under subsection

9 (a)(2)(C) to an extraterritorial major Federal action of an

10 agency.

11 ‘‘(B) Any person aggrieved by a failure by the Presi12 dent to comply with subparagraph (A) may in a civil ac13 tion obtain appropriate relief.

14 ‘‘(3) In this subsection, the term ‘extraterritorial

15 major Federal action’—

16 ‘‘(A) includes any major Federal action in the

17 United States that has effects outside of the United

18 States; and

19 ‘‘(B) does not include any Federal action taken

20 to protect the national security of the United States,

21 votes in international conferences and organizations,

22 actions taken in the course of an armed conflict,

23 strategic intelligence actions, armament transfers, or

24 judicial or administrative civil or criminal enforce25 ment actions.’’.
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