I 
114TH CONGRESS 
1ST SESSION H. R. 1946 
To amend the Trade Act of 1974 to authorize the United States Trade 
Representative to take discretionary action if a foreign country is engag-
ing in unreasonable acts, policies, or practices relating to the environ-
ment, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 22, 2015 
Mr. BLUMENAUER (for himself, Mr. KIND, Mr. NEAL, Mr. THOMPSON of Cali-
fornia, Mr. LARSON of Connecticut, Mr. MCDERMOTT, Mr. RANGEL, Mr. 
PASCRELL, Ms. LINDA T. SA´NCHEZ of California, and Mrs. DAVIS of 
California) introduced the following bill; which was referred to the Com-
mittee on Ways and Means 
A BILL 
To amend the Trade Act of 1974 to authorize the United 
States Trade Representative to take discretionary action 
if a foreign country is engaging in unreasonable acts, 
policies, or practices relating to the environment, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Trade and Environ-
ment Enforcement Act’’ or ‘‘Green 301 Act’’. 
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SEC. 2. ENVIRONMENTAL PROTECTION IN TRADE RELA-
TIONS. 
Section 301(d)(3)(B) of the Trade Act of 1974 (19 
U.S.C. 2411(d)(3)(B)) is amended— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
(2) in clause (iii)(V), by striking the period at 
the end and inserting ‘‘, or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(iv) constitutes a persistent pattern 
of conduct that— 
‘‘(I) fails to effectively enforce 
the environmental laws of a foreign 
country; 
‘‘(II) waives or otherwise dero-
gates from the environmental laws of 
a foreign country or weakens the pro-
tections afforded by such laws; 
‘‘(III) fails to provide for judicial 
or administrative proceedings giving 
access to remedies for violations of the 
environmental laws of a foreign coun-
try; 
‘‘(IV) fails to provide appropriate 
and effective sanctions or remedies for 
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violations of the environmental laws of 
a foreign country; or 
‘‘(V) fails to implement environ-
mental commitments in agreements to 
which a foreign country and the 
United States are a party.’’. 
SEC. 3. IDENTIFICATION OF FOREIGN COUNTRY TRADE 
PRACTICES THAT NEGATIVELY AFFECT THE 
ENVIRONMENT. 
(a) IN GENERAL.—Chapter 1 of title III of the Trade 
Act of 1974 (19 U.S.C. 2411 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 311. IDENTIFICATION OF FOREIGN COUNTRY TRADE 
PRACTICES THAT NEGATIVELY AFFECT THE 
ENVIRONMENT. 
‘‘(a) IDENTIFICATION.— 
‘‘(1) IN GENERAL.—The Trade Representative 
shall identify those foreign country trade practices 
that cause negative environmental impacts on the 
protection of human, animal, or plant life or health, 
or the conservation of exhaustible natural resources 
in the United States, the foreign country, a third 
country, or internationally. 
‘‘(2) FACTORS.—In identifying foreign country 
trade practices under paragraph (1), the Trade Rep-
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resentative shall take into account all relevant fac-
tors, including— 
‘‘(A) the strength of the connection be-
tween trade and the negative environmental im-
pact; 
‘‘(B) the significance of the negative envi-
ronmental impact on the protection of human, 
animal or plant life or health, or the conserva-
tion of exhaustible natural resources; and 
‘‘(C) the costs and benefits of mitigating 
the negative environmental impact through the 
remedies described in this section. 
‘‘(3) CONSULTATION.—In identifying foreign 
country trade practices under paragraph (1), the 
Trade Representative shall provide the opportunity 
for input by and consultation with interested per-
sons, including private or nongovernmental organiza-
tions working towards environmental protection or 
conservation, domestic industrial users of any goods 
that may be affected by this section, and appropriate 
Federal departments and agencies. 
‘‘(b) REPORT.— 
‘‘(1) IN GENERAL.—Not later than 270 days 
after the date of submission of a report under sec-
tion 181(b) of this Act, and every 2 years thereafter, 
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the Trade Representative shall submit to the Com-
mittee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the 
Senate and publish in the Federal Register a report 
on the foreign country trade practices identified 
under subsection (a). 
‘‘(2) MATTERS TO BE INCLUDED.—The Trade 
Representative may include in the report, if appro-
priate— 
‘‘(A) a description of other foreign country 
trade practices that may in the future warrant 
inclusion in the report as foreign country trade 
practices that negatively affect the environment; 
and 
‘‘(B) a statement regarding other foreign 
country trade practices that negatively affect 
the environment that have not been identified 
because they are subject to other provisions of 
United States trade law, existing bilateral trade 
agreements, or trade negotiations, and progress 
is being made toward the mitigation, reduction, 
or elimination of the negative environmental im-
pacts of such foreign country trade practices.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents 
for the Trade Act of 1974 is amended by inserting after 
the item relating to section 310 the following new item: 
‘‘Sec. 311. Identification of foreign country trade practices that negatively af-
fect the environment.’’. 
Æ 
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