I

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.

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 ‘‘Trade and Environ5 ment Reporting Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:
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1 (1) The United States promotes efforts to pre2 vent harm to the environment generally, including

3 fish, wildlife, endangered species, and other natural

4 resources, and to encourage sustainable develop5 ment.

6 (2) Free trade agreements and other major

7 trade actions may have significant effects, positive

8 and negative, on environmental resources.

9 (3) Those effects may be within or outside of

10 the territorial jurisdiction of the United States.

11 (4) The interaction between increased liberal12 ized trade and the environment is a complex and lit13 tle understood issue.

14 (5) Free trade agreements and other major

15 trade actions have traditionally been excluded from

16 any environmental assessment or monitoring re17 quirements.

18 (6) As part of its responsibilities under the

19 Constitution to regulate commerce with foreign na20 tions, the Congress considers legislation to grant ne21 gotiating authority to the President for free trade

22 agreements, and legislation to implement those

23 agreements.
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1 (7) The Congress and the public should be ap2 prised of the environmental effects of free trade

3 agreements and other major trade actions.

4 (8) The environmental effects of free trade

5 agreements and other major trade actions should be

6 identified and considered by the President before en7 tering into such actions.

8 SEC. 3. DEFINITIONS.

9 For purposes of this Act:

10 (1) ENVIRONMENTAL RESOURCES.—The term

11 ‘‘environmental resources’’ means the environment

12 generally, including fish, wildlife, endangered spe13 cies, and other natural resources.

14 (2) FREE TRADE AGREEMENT.—The term ‘‘free

15 trade agreement’’ means an agreement between the

16 United States and another nation or nations—

17 (A) the purpose of which is to regulate or

18 liberalize trade between the United States and

19 such nation or nations;

20 (B) which has been signed by the Presi21 dent; and

22 (C) which requires implementing legisla23 tion.

24 (3) MAJOR TRADE ACTION.—
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1 (A) GENERALLY.—The term ‘‘major trade

2 action’’—

3 (i) means any trade action which may

4 have effects on an environmental resource;

5 and

6 (ii) includes any free trade agreement.

7 (B) REGULATIONS.—The United States

8 Trade Representative, in consultation with the

9 Administrator of the Environmental Protection

10 Agency, the Administrator of the National Oce11 anic and Atmospheric Administration, and the

12 Secretary of the Interior, shall issue regulations

13 which describe trade actions which are major

14 trade actions under this paragraph.

15 SEC. 4. CONSULTATION ON MAJOR TRADE ACTIONS; ENVI16 RONMENTAL ASSESSMENTS OF FREE TRADE

17 AGREEMENTS.

18 (a) CONSULTATION.—

19 (1) REQUIREMENT.—Before entering into nego20 tiations for any free trade agreement or other major

21 trade action, the United States Trade Representa22 tive shall consult, in accordance with the procedures

23 established under paragraph (2), with the Congress,

24 appropriate advisory committees established under

25 the Trade Act of 1974, including the Trade and En-
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1 vironment Policy Advisory Committee, Federal agen2 cies, environmental organizations, and other inter3 ested persons, for the purpose of—

4 (A) identifying environmental resources

5 that may be affected by the free trade agree6 ment or other major trade action; and

7 (B) in the case of a negotiation for a free

8 trade agreement, determining the scope of the

9 environmental assessment required under sub10 section (b).

11 (2) PROCEDURES.—Not later than 90 days

12 after the date of the enactment of this Act, the

13 United States Trade Representative, in consultation

14 with the Council on Environmental Quality and after

15 publication of notice and an opportunity for public

16 comment, shall issue regulations which establish pro17 cedures for consultations under this subsection, in18 cluding a requirement for publication of notice and

19 an opportunity for public comment on the subject

20 matter of the consultations.

21 (b) ENVIRONMENTAL ASSESSMENTS.—

22 (1) IN GENERAL.—The United States Trade

23 Representative, in consultation with the Adminis24 trator of the Environmental Protection Agency, the

25 Administrator of the National Oceanic and Atmos-
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1 pheric Administration, the Secretary of the Interior,

2 and the Council on Environmental Quality, shall

3 prepare an environmental assessment for each free

4 trade agreement.

5 (2) CONTENTS OF ASSESSMENTS.—Each envi6 ronmental assessment shall include—

7 (A) identification of the potential effects of

8 the free trade agreement on environmental re9 sources;

10 (B) the environmental resources protection

11 laws of the United States that may be affected

12 by the free trade agreement;

13 (C) measures to supplement the free trade

14 agreement that would minimize adverse effects

15 identified under subparagraph (A); and

16 (D) a detailed summary of the manner in

17 which the results of consultations under sub18 section (a) with respect to the free trade agree19 ment were taken into consideration in accord20 ance with section 5.

21 (3) SUBMISSION TO CONGRESS.—The United

22 States Trade Representative shall submit to the

23 Congress the environmental assessment prepared for

24 a free trade agreement—
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1 (A) after the free trade agreement is

2 signed by the President; and

3 (B) at least 60 days before the President

4 transmits legislation to implement the free

5 trade agreement to the Congress.

6 (4) PUBLIC AVAILABILITY.—The United States

7 Trade Representative shall—

8 (A) make each environmental assessment

9 under this subsection publicly available on and

10 after the date it is submitted to the Congress

11 under paragraph (3); and

12 (B) publish notice of that availability in

13 the Federal Register.

14 SEC. 5. REQUIREMENT TO CONSIDER ENVIRONMENTAL

15 EFFECTS.

16 The United States Trade Representative shall—

17 (1) consider the results of all consultations

18 under section 4(a) with respect to a major trade ac19 tion before formulating any negotiating position for

20 the major trade action; and

21 (2) review each such negotiating position and

22 determine its compatibility with the laws of the

23 United States that protect environmental resources

24 or encourage sustainable development.
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1 SEC. 6. MONITORING AND REPORTING.

2 (a) MONITORING.—

3 (1) EFFECTS ON UNITED STATES.—The Coun4 cil on Environmental Quality, in consultation with

5 the Administrator of the Environmental Protection

6 Agency, the Secretary of the Interior, the Adminis7 trator of the National Oceanic and Atmospheric Ad8 ministration, and the United States Trade Rep9 resentative, shall monitor the effects of major trade

10 actions on environmental resources within the terri11 torial jurisdiction of the United States.

12 (2) EFFECTS ON OTHER NATIONS.—The Coun13 cil on Environmental Quality, in consideration with

14 the officials referred to in paragraph (1) and the

15 Secretary of State, shall cooperate with other na16 tions to monitor and determine, to the extent prac17 ticable, the effects of major trade actions on environ18 mental resources outside the territorial jurisdiction

19 of the United States.

20 (3) REPORT.—The Council on Environmental

21 Quality shall report to the Congress every 3 years on

22 the results of the monitoring required under this

23 section.

24 (b) OBLIGATIONS UNDER SECTION 5.—The United

25 States Trade Representative shall report to the Congress
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1 each year on the manner in which he or she has complied

2 with section 5.

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