I
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 Representa-
tives 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 par-
ties since January 1, 1994. The Secretary of Commerce
shall submit to the Congress a report on the determina-
tions made under this paragraph not later than 6 months
after the date of the enactment of this Act.
(b) REPORT RELATING TO HEALTH AND ENVIRON-
MENTAL IMPACTS OF NAFTA.—The Administrator of the
Environmental Protection Agency, in consultation with
the Secretariat for the NAFTA Commission on Environ-
mental Cooperation, shall conduct investigations of wheth-
er 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 spe-
cifically 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 Agree-
ment on Environmental Cooperation—
(A) to ensure that the regulations of that
country establish and enforce levels of environ-
mental 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 Adminis-
trator 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 transmit-
ted to the President not later than 30 days before
the date on which the President is required to sub-
mit his report under paragraph (1).
(b) CERTIFICATIONS REGARDING LABOR AGREE-
MENT.—
(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 Agree-
ment on Labor Cooperation to comply with the ob-
jectives of that Agreement to promote and improve
laws protecting worker rights and to promote com-
pliance with these laws by using appropriate meth-
ods such as—
(A) monitoring and on-site inspection by
persons trained to do so;
(B) encouragement of voluntary compli-
ance 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 discrimina-
tion.
(H) Equal pay for men and women.
(I) Prevention of occupational accidents
and diseases.
(J) Compensation in cases of work acci-
dents and occupational diseases.
Each report under this paragraph shall be transmit-
ted to the President not later than 30 days before
the date on which the President is required to sub-
mit his report under paragraph (1).
SEC. 3. DEFINITIONS.
As used in this Act:
(1) 
INTERNATIONAL
FINANCIAL
INSTITU-
TION.—The term ‘‘international financial institu-
tion’’ has the meaning given that term in section
1701(c)(2) of the International Financial Institu-
tions 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 De-
cember 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 ENVI-
RONMENTAL
COOPERATION.—The 
term 
‘‘North
American Agreement on Environmental Coopera-
tion’’ has the meaning given that term in section
532(b)(2) of the North American Free Trade Agree-
ment Implementation Act (19 U.S.C. 3472(b)(2)).
(6) NORTH AMERICAN AGREEMENT ON LABOR
COOPERATION.—The term ‘‘North American Agree-
ment on Labor Cooperation’’ has the meaning given
that term in section 531(b)(2) of the North Amer-
ican 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.
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