article: 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.
summary: Trade and Environment Reporting Act of 1994 - Requires the United States Trade Representative (USTR), at the onset of negotiations for any free trade agreement or other major trade actions, to consult with the Congress, appropriate advisory committees, including the Trade and Environment Policy Advisory Committee, Federal agencies, environmental organizations, and other interested persons, for the purpose of: (1) identifying environmental resources and Federal and State environmental laws that may be affected by such agreements or actions; and (2) determining the scope of a specified environmental assessment in the case of a negotiation for a free trade agreement. (Sec. 4) Directs the USTR to prepare an environmental assessment for each free trade agreement. (Sec. 5) Directs the USTR to: (1) consider the results of such consultations with respect to a major trade action before formulating any negotiating position for such action; and (2) review such negotiating position and determine its compatibility with U.S. laws that protect environmental resources or encourage sustainable development. (Sec. 6) Directs the Council on Environmental Quality: (1) to monitor the effects of major trade actions on environmental resources within the United States; and (2) together with the Secretary of State to cooperate with other nations to monitor and determine the effects of such actions on such resources outside the United States. Requires the Council to report every three years to the Congress on the results of such monitoring.