text: 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.
target: 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.
feat_title: Trade and Environment Reporting Act of 1994