I

103D CONGRESS

1ST SESSION H. R. 1830

To encourage foreign governments to adopt and enforce –environmental pollution control standards to safeguard local environments from damaging

industrial practices.

IN THE HOUSE OF REPRESENTATIVES

APRIL 22, 1993

Mr. MICA introduced the following bill; which was referred jointly to the

Committees on Foreign Affairs and Banking, Finance and Urban Affairs

A BILL

To encourage foreign governments to adopt and enforce –environmental pollution control standards to safeguard local

environments from damaging industrial practices.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Global Environmental

5 Cleanup Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) the lack of environmental pollution controls

9 in foreign countries provides a huge cost savings for
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1 foreign manufacturers and agricultural producers,

2 which provide them with an unfair competitive ad3 vantage in the global marketplace;

4 (2) air and water pollution, including pollution

5 of the oceans, by foreign countries is a direct threat

6 to United States citizens and undermines United

7 States environmental efforts;

8 (3) the United States is the largest export mar9 ket for the worst international polluters; and

10 (4) a Global Cleanup Fund that takes a portion

11 of the foreign assistance funds allocated to each for12 eign country with pollution control standards less

13 stringent than those of the United States and uses

14 those funds to make loans to that country in order

15 to finance the purchase of pollution control equip16 ment and services from the United States—

17 (A) would not impose additional costs on

18 United States taxpayers,

19 (B) would result in increased employment

20 in the United States, and

21 (C) would promote international environ22 mental efforts by establishing environmental re23 sponsibility as a clear United States foreign pol24 icy priority.
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1 SEC. 3. ANNUAL COUNTRY REPORTS ON POLLUTION PRE2 VENTION PRACTICES.

3 (a) REQUIREMENT FOR REPORTS.—The Secretary of

4 State shall prepare a detailed annual report regarding the

5 environmental protection requirements of each foreign

6 country with respect to air quality, water quality, and dis7 posal of hazardous and solid wastes. For each foreign

8 country, each such report shall—

9 (1) describe the air quality, water quality, and

10 hazardous and solid waste disposal conditions in

11 that country;

12 (2) describe the laws, policies, and practices of

13 the government of that country with respect to air

14 quality, water quality, and hazardous and solid

15 waste disposal; and

16 (3) include a determination by the Secretary of

17 State, made after consultation with Administrator of

18 the Environmental Protection Agency, of whether

19 those laws, policies, and practices are adequately en20 forced to protect the local environment from damag21 ing industrial practices.

22 (b) USE OF REPORTS.—Not later than January 31

23 each year, the Secretary of State shall submit a copy of

24 the report required by subsection (a) to—

25 (1) the Congress;
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1 (2) the United States Trade Representative,

2 who shall consider the information and determina3 tions contained in such report in carrying out trade

4 negotiations; and

5 (3) the head of each agency of the United

6 States Government that is involved in foreign assist7 ance programs, who shall consider the information

8 and determinations contained in such report in

9 determining which countries will receive foreign

10 assistance.

11 SEC. 4. GLOBAL CLEANUP FUND.

12 (a) COUNTRIES TO WHICH SECTION APPLIES.—This

13 section applies with respect to any country for which Unit14 ed States foreign assistance funds are allocated for a fiscal

15 year unless the Secretary of State, after consultation with

16 Administrator of the Environmental Protection Agency,

17 determines that that country, through its laws, policies,

18 and practices, assures compliance with pollution control

19 standards with respect to air quality, water quality, and

20 disposal of hazardous and solid wastes and promotes the

21 protection of the local environment from damaging indus22 trial practices.

23 (b) USE OF FOREIGN ASSISTANCE FUNDS TO FI24 NANCE THE ACQUISITION OF UNITED STATES ENVIRON25 MENTAL PROTECTION GOODS AND SERVICES.—Notwith-
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1 standing any other provision of law, the President shall

2 use 20 percent of the aggregate amount of foreign assist3 ance funds allocated each fiscal year for a country de4 scribed in subsection (a)—

5 (1) to make loans to the government of that

6 country, on such terms and conditions as the Presi7 dent determines, to enable it to purchase United

8 States pollution control products and services; and

9 (2) for administrative expenses in carrying out

10 this section.

11 (c) ANNUAL REPORT TO CONGRESS.—Each year, the

12 President shall submit to the Committee on Government

13 Operations of the House of Representatives and the Com14 mittee on Governmental Affairs of the Senate a report

15 with respect to implementation of this section during the

16 preceding fiscal year. Each such report—

17 (1) shall set forth the amount made available

18 for loans to each country under this section;

19 (2) shall describe the loans made;

20 (3) shall describe the use of United States pol21 lution control products and services purchased by

22 each such country as a result of loans; and

23 (4) shall describe the status of pollution control

24 efforts in each such country.
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1 SEC. 5. INTERNATIONAL FINANCIAL INSTITUTION LOANS

2 TO COUNTRIES THAT DO NOT ENFORCE ENVI3 RONMENTAL STANDARDS TO PROTECT

4 LOCAL ENVIRONMENTS FROM DAMAGING IN5 DUSTRIAL PRACTICES.

6 (a) The Secretary of the Treasury shall instruct the

7 United States Executive Director of each international fi8 nancial institution to use the voice and vote of the United

9 States to oppose any proposed lending by that institution

10 unless the Secretary of State, after consultation with the

11 Administrator of the Environmental Protection Agency,

12 determines that—

13 (1) the borrowing country, through its laws,

14 policies, and practices, adequately and constructively

15 assures compliance with pollution control standards

16 with respect to air quality, water quality, and dis17 posal of hazardous and solid wastes that will protect

18 local environments from damaging industrial prac19 tices; or

20 (2) the lending will support an industrial

21 project or program that—

22 (A) has the potential to adversely affect air

23 quality or water quality or will involve hazard24 ous or solid wastes, but

25 (B) is designed to protect the local envi26 ronment from damaging industrial practices.
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1 SEC. 6. DEFINITIONS.

2 As used in this Act—

3 (1) the term ‘‘foreign assistance’’ means assist4 ance under the Foreign Assistance Act of 1961 or

5 section 23 of the Arms Export Control Act; and

6 (2) the term ‘‘international financial institu7 tion’’ includes the International Monetary Fund, the

8 International Bank for Reconstruction and Develop9 ment, the International Development Association,

10 the International Finance Corporation, and each re11 gional multilateral development bank in which the

12 United States participates.

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