[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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