[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4734 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4734

To require consultations, assessments, and monitoring of the effects of 
   major trade actions on the environment generally, including fish, 
       wildlife, endangered species, and other natural resources.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 1994

 Mr. Studds (for himself, Mrs. Unsoeld, and Mr. Wyden) introduced the 
 following bill; which was referred jointly to the Committees on Ways 
              and Means and Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL


 
To require consultations, assessments, and monitoring of the effects of 
   major trade actions on the environment generally, including fish, 
       wildlife, endangered species, and other natural resources.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade and Environment Reporting Act 
of 1994''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The United States promotes efforts to prevent harm to 
        the environment generally, including fish, wildlife, endangered 
        species, and other natural resources, and to encourage 
        sustainable development.
            (2) Free trade agreements and other major trade actions may 
        have significant effects, positive and negative, on 
        environmental resources.
            (3) Those effects may be within or outside of the 
        territorial jurisdiction of the United States.
            (4) The interaction between increased liberalized trade and 
        the environment is a complex and little understood issue.
            (5) Free trade agreements and other major trade actions 
        have traditionally been excluded from any environmental 
        assessment or monitoring requirements.
            (6) As part of its responsibilities under the Constitution 
        to regulate commerce with foreign nations, the Congress 
        considers legislation to grant negotiating authority to the 
        President for free trade agreements, and legislation to 
        implement those agreements.
            (7) The Congress and the public should be apprised of the 
        environmental effects of free trade agreements and other major 
        trade actions.
            (8) The environmental effects of free trade agreements and 
        other major trade actions should be identified and considered 
        by the President before entering into such actions.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Environmental resources.--The term ``environmental 
        resources'' means the environment generally, including fish, 
        wildlife, endangered species, and other natural resources.
            (2) Free trade agreement.--The term ``free trade 
        agreement'' means an agreement between the United States and 
        another nation or nations--
                    (A) the purpose of which is to regulate or 
                liberalize trade between the United States and such 
                nation or nations;
                    (B) which has been signed by the President; and
                    (C) which requires implementing legislation.
            (3) Major trade action.--
                    (A) Generally.--The term ``major trade action''--
                            (i) means any trade action which may have 
                        effects on an environmental resource; and
                            (ii) includes any free trade agreement.
                    (B) Regulations.--The United States Trade 
                Representative, in consultation with the Administrator 
                of the Environmental Protection Agency, the 
                Administrator of the National Oceanic and Atmospheric 
                Administration, and the Secretary of the Interior, 
                shall issue regulations which describe trade actions 
                which are major trade actions under this paragraph.

SEC. 4. CONSULTATION ON MAJOR TRADE ACTIONS; ENVIRONMENTAL ASSESSMENTS 
              OF FREE TRADE AGREEMENTS.

    (a) Consultation.--
            (1) Requirement.--Before entering into negotiations for any 
        free trade agreement or other major trade action, the United 
        States Trade Representative shall consult, in accordance with 
        the procedures established under paragraph (2), with the 
        Congress, appropriate advisory committees established under the 
        Trade Act of 1974, including the Trade and Environment Policy 
        Advisory Committee, Federal agencies, environmental 
        organizations, and other interested persons, for the purpose 
        of--
                    (A) identifying environmental resources that may be 
                affected by the free trade agreement or other major 
                trade action; and
                    (B) in the case of a negotiation for a free trade 
                agreement, determining the scope of the environmental 
                assessment required under subsection (b).
            (2) Procedures.--Not later than 90 days after the date of 
        the enactment of this Act, the United States Trade 
        Representative, in consultation with the Council on 
        Environmental Quality and after publication of notice and an 
        opportunity for public comment, shall issue regulations which 
        establish procedures for consultations under this subsection, 
        including a requirement for publication of notice and an 
        opportunity for public comment on the subject matter of the 
        consultations.
    (b) Environmental Assessments.--
            (1) In general.--The United States Trade Representative, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, the Administrator of the National Oceanic 
        and Atmospheric Administration, the Secretary of the Interior, 
        and the Council on Environmental Quality, shall prepare an 
        environmental assessment for each free trade agreement.
            (2) Contents of assessments.--Each environmental assessment 
        shall include--
                    (A) identification of the potential effects of the 
                free trade agreement on environmental resources;
                    (B) the environmental resources protection laws of 
                the United States that may be affected by the free 
                trade agreement;
                    (C) measures to supplement the free trade agreement 
                that would minimize adverse effects identified under 
                subparagraph (A); and
                    (D) a detailed summary of the manner in which the 
                results of consultations under subsection (a) with 
                respect to the free trade agreement were taken into 
                consideration in accordance with section 5.
            (3) Submission to congress.--The United States Trade 
        Representative shall submit to the Congress the environmental 
        assessment prepared for a free trade agreement--
                    (A) after the free trade agreement is signed by the 
                President; and
                    (B) at least 60 days before the President transmits 
                legislation to implement the free trade agreement to 
                the Congress.
            (4) Public availability.--The United States Trade 
        Representative shall--
                    (A) make each environmental assessment under this 
                subsection publicly available on and after the date it 
                is submitted to the Congress under paragraph (3); and
                    (B) publish notice of that availability in the 
                Federal Register.

SEC. 5. REQUIREMENT TO CONSIDER ENVIRONMENTAL EFFECTS.

    The United States Trade Representative shall--
            (1) consider the results of all consultations under section 
        4(a) with respect to a major trade action before formulating 
        any negotiating position for the major trade action; and
            (2) review each such negotiating position and determine its 
        compatibility with the laws of the United States that protect 
        environmental resources or encourage sustainable development.

SEC. 6. MONITORING AND REPORTING.

    (a) Monitoring.--
            (1) Effects on united states.--The Council on Environmental 
        Quality, in consultation with the Administrator of the 
        Environmental Protection Agency, the Secretary of the Interior, 
        the Administrator of the National Oceanic and Atmospheric 
        Administration, and the United States Trade Representative, 
        shall monitor the effects of major trade actions on 
        environmental resources within the territorial jurisdiction of 
        the United States.
            (2) Effects on other nations.--The Council on Environmental 
        Quality, in consideration with the officials referred to in 
        paragraph (1) and the Secretary of State, shall cooperate with 
        other nations to monitor and determine, to the extent 
        practicable, the effects of major trade actions on 
        environmental resources outside the territorial jurisdiction of 
        the United States.
            (3) Report.--The Council on Environmental Quality shall 
        report to the Congress every 3 years on the results of the 
        monitoring required under this section.
    (b) Obligations Under Section 5.--The United States Trade 
Representative shall report to the Congress each year on the manner in 
which he or she has complied with section 5.
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