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, endan-
gered 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 gen-
erally, including fish, wildlife, endangered species, and
other natural resources.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Trade and Environ-
ment Reporting Act of 1994’’.
SEC. 2. FINDINGS.
The Congress finds the following:
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(1) The United States promotes efforts to pre-
vent harm to the environment generally, including
fish, wildlife, endangered species, and other natural
resources, and to encourage sustainable develop-
ment.
(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 liberal-
ized trade and the environment is a complex and lit-
tle understood issue.
(5) Free trade agreements and other major
trade actions have traditionally been excluded from
any environmental assessment or monitoring re-
quirements.
(6) As part of its responsibilities under the
Constitution to regulate commerce with foreign na-
tions, the Congress considers legislation to grant ne-
gotiating authority to the President for free trade
agreements, and legislation to implement those
agreements.
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(7) The Congress and the public should be ap-
prised 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 en-
tering 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 spe-
cies, 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 Presi-
dent; and
(C) which requires implementing legisla-
tion.
(3) MAJOR TRADE ACTION.—
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pheric 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 envi-
ronmental assessment shall include—
(A) identification of the potential effects of
the free trade agreement on environmental re-
sources;
(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 sub-
section (a) with respect to the free trade agree-
ment were taken into consideration in accord-
ance 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—
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(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 ac-
tion 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.
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SEC. 6. MONITORING AND REPORTING.
(a) MONITORING.—
(1) EFFECTS ON UNITED STATES.—The Coun-
cil on Environmental Quality, in consultation with
the Administrator of the Environmental Protection
Agency, the Secretary of the Interior, the Adminis-
trator of the National Oceanic and Atmospheric Ad-
ministration, and the United States Trade Rep-
resentative, shall monitor the effects of major trade
actions on environmental resources within the terri-
torial jurisdiction of the United States.
(2) EFFECTS ON OTHER NATIONS.—The Coun-
cil on Environmental Quality, in consideration with
the officials referred to in paragraph (1) and the
Secretary of State, shall cooperate with other na-
tions to monitor and determine, to the extent prac-
ticable, the effects of major trade actions on environ-
mental 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
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each year on the manner in which he or she has complied
with section 5.
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