I
103D CONGRESS
2D SESSION
H. R. 4737
To modify the negotiating objectives of the United States for future trade
agreements, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 13, 1994
Mr. WYDEN (for himself, Mr. STUDDS, and Mrs. UNSOELD) introduced the
following bill; which was referred to the Committee on Ways and Means
A BILL
To modify the negotiating objectives of the United States
for future trade agreements, 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. TRADE NEGOTIATING OBJECTIVES.
Section 1101 of the Omnibus Trade and Competitive-
ness Act of 1988 (19 U.S.C. 2901) is amended as follows:
(1) OVERALL
TRADE
NEGOTIATING
OBJEC-
TIVES.—Subsection (a) is amended—
(A) in paragraph (2) by striking ‘‘and’’
after the semicolon;
(B) in paragraph (3) by striking the period
and inserting ‘‘; and’’; and
(C) by adding after paragraph (3) the fol-
lowing:
‘‘(4) increased compatibility of trade agree-
ments with environmental protection, conservation,
and sustainable development.’’.
(2) PRINCIPAL
TRADE
NEGOTIATING
OBJEC-
TIVES.—Subsection (b) is amended as follows:
(A) DISPUTE
SETTLEMENT.—Paragraph
(1)(B) is amended to read as follows:
‘‘(B) to ensure that such mechanisms with-
in trade agreements to which the United States
is a party provide for more effective and expedi-
tious resolution of disputes, improve trans-
parency and public participation, and enable
better enforcement of United States rights, in-
cluding those relating to environment and con-
servation.’’.
(B) TRANSPARENCY.—Paragraph (3) is
amended by inserting ‘‘, including those related
to environment and conservation,’’ after ‘‘trade
matters’’.
(C) DEVELOPING COUNTRIES.—Paragraph
(4) is amended—
(i) in subparagraph (A) by striking
‘‘and’’ after the semicolon;
(ii) in subparagraph (B) by striking
the period and inserting ‘‘; and’’; and
(iii) by adding after subparagraph (B)
the following:
‘‘(C) to take into account the particular
needs of developing countries in trade matters
relating to environment and conservation.’’.
(D) UNFAIR
TRADE
PRACTICES.—Para-
graph (8)(A) is amended—
(i) by striking ‘‘the GATT and non-
tariff measure’’ and inserting ‘‘trade’’; and
(ii) by inserting ‘‘and other practices
potentially harmful to the environment’’
after ‘‘resource input subsidies’’.
(E) 
INTELLECTUAL
PROPERTY.—Para-
graph (10) is amended—
(i) in subparagraph (C) by striking
‘‘and’’ after the semicolon;
(ii) in subparagraph (D) by striking
the period and inserting ‘‘; and’’; and
(iii) by adding at the end the follow-
ing:
‘‘(E) to promote compatibility of estab-
lished standards of the World Trade Organiza-
tion relating to intellectual property with exist-
ing international biological diversity conven-
tions.’’.
(F) FOREIGN
INVESTMENT.—Paragraph
(11) is amended—
(i) by striking ‘‘direct’’ in the para-
graph heading and each place it appears in
the text; and
(ii) in subparagraph (A)(ii)—
(I) by striking ‘‘and’’ at the end
of subclause (I);
(II) by striking the period at the
end of subclause (II) and inserting ‘‘,
and’’; and
(III) by adding at the end the
following:
‘‘(III) 
will 
promote 
environ-
mentally sensitive foreign investment
and discourage countries from attract-
ing or maintaining foreign investment
by relaxing domestic health, safety, or
environmental measures.’’.
(G) ADDITIONAL OBJECTIVES.—Subsection
(b) is amended by adding at the end the follow-
ing:
‘‘(17) ENVIRONMENT
AND
CONSERVATION.—
The principal negotiating objectives of the United
States regarding environment and conservation is-
sues related to trade and foreign investment are
to—
‘‘(A) promote compatibility between trade
agreements and sustainable development, and
foster the continual protection and improvement
of the environment, while recognizing national
sovereignty;
‘‘(B) increase cooperation on trade-related
environmental policies to better conserve, pro-
tect, and enhance the environment;
‘‘(C) avoid trade distortions or barriers
that undermine environmental protection and
conservation or that constitute disguised protec-
tionism;
‘‘(D) promote transparency and public par-
ticipation, and increase consumer information
in the development of environmental laws, regu-
lations, and policies; and
‘‘(E) promote compatibility of trade agree-
ments with international environmental agree-
ments to protect shared global resources.
‘‘(18) WOOD AND WOOD PRODUCTS.—The prin-
cipal negotiating objectives of the United States re-
garding trade in wood and wood products are to—
‘‘(A) promote sustainable forestry prac-
tices; and
‘‘(B) increase market access for value-
added wood products and wood products that
are produced from timber that is sustainably
harvested.’’.
SEC. 2. CITIZEN PARTICIPATION.
Section 135 of the Trade Act of 1974 (19 U.S.C.
2155) is amended as follows:
(1) ADVISORY COMMITTEE FOR TRADE POLICY
AND NEGOTIATIONS.—Subsection (b)(1) is amended
by inserting ‘‘nongovernmental environmental and
conservation organizations,’’ after ‘‘governments,’’.
(2) GENERAL
POLICY, SECTORAL, OR
FUNC-
TIONAL COMMITTEES.—Subsection (c) is amended—
(A) in paragraph (1)—
(i) by inserting ‘‘environment and con-
servation,’’ after ‘‘general policy advisory
committees for’’;
(ii) by inserting ‘‘environment and
conservation,’’ after ‘‘representative of all’’;
(iii) by striking ‘‘and the Secretaries’’
and all that follows through ‘‘or other ex-
ecutive’’ and inserting ‘‘, the Secretaries of
the Interior, Commerce, Defense, Labor,
Agriculture, and the Treasury, and the Ad-
ministrators of the Environmental Protec-
tion Agency and the National Oceanic and
Atmospheric Administration, or the heads
of other executive’’; and
(iv) by inserting ‘‘and Administra-
tors’’ after ‘‘such Secretaries’’;
(B) in paragraph (2)—
(i) by inserting ‘‘environment and con-
servation,’’ after ‘‘representative of all’’;
(ii) by striking ‘‘and the Secretaries’’
and all that follows through ‘‘or other ex-
ecutive’’ and inserting ‘‘, the Secretaries of
the Interior, Commerce, Labor, Agri-
culture, and the Treasury, and the Admin-
istrators of the Environmental Protection
Agency and the National Oceanic and At-
mospheric Administration, or the heads of
other executive’’; and
(iii) in subparagraph (B)—
(I) by redesignating clauses (iii)
through (v) as clauses (iv) through
(vi), respectively; and
(II) by inserting after clause (ii)
the following:
‘‘(iii) environmental impacts of
liberalized trade and investment,’’.
(3) ADVICE
AND
INFORMATION.—Subsection
(d) is amended by striking ‘‘and the Secretaries’’
and all that follows through ‘‘or other executive’’
and inserting ‘‘, the Secretaries of the Interior, Agri-
culture, Commerce, Labor, and Defense, and the Ad-
ministrators of the Environmental Protection Agen-
cy and the National Oceanic and Atmospheric Ad-
ministration, or the heads of other executive’’.
(4) MEETINGS AT CLOSE OF NEGOTIATIONS.—
Subsection (e) is amended by adding at the end the
following:
‘‘(4) The report of the appropriate sectoral or
functional committee or committees under para-
graph (1) shall include an advisory opinion as to the
significant environmental effects of trade conducted
within the sector or within the functional area.’’.
(5) TRADE
SECRETS
AND
CONFIDENTIAL
IN-
FORMATION.—Subsection (g)(3) is amended by
striking ‘‘and the Secretaries’’ and all that follows
through ‘‘or other executive’’ and inserting ‘‘, the
Secretaries of the Interior, Commerce, Labor, De-
fense, and Agriculture, and the Administrators of
the Environmental Protection Agency and the Na-
tional Oceanic and Atmospheric Administration, or
the heads of other executive’’.
(6) ADVISORY
COMMITTEE
SUPPORT.—Sub-
section (h) is amended by striking ‘‘and the Sec-
retaries’’ and all that follows through ‘‘or other exec-
utive’’ and inserting ‘‘, the Secretaries of the Inte-
rior, Commerce, Labor, Defense, Agriculture, and
the Treasury, and the Administrators of the Envi-
ronmental Protection Agency and the National Oce-
anic and Atmospheric Administration, or the heads
of other executive’’.
(7) CONSULTATION
WITH
ADVISORY
COMMIT-
TEES.—Subsection (i) is amended—
(A) by inserting ‘‘the Interior,’’ after Sec-
retaries of’’; and
(B) by striking ‘‘the Treasury, or other ex-
ecutive’’ and inserting ‘‘and the Treasury and
the Administrator of the Environmental Protec-