SEC. 2. 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-
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, 
VerDate Aug 31 2005 
23:45 Jul 10, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6452.IH
H6452
erowe on PRODPC61 with BILLS
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, the Trade Representative 
shall submit to the Committee on Ways and Means 
of the House of Representatives and the Committee 
on Finance of the Senate and publish in the Federal 
Register a report on the foreign country trade prac-
tices identified under subsection (a). 
VerDate Aug 31 2005 
23:45 Jul 10, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6452.IH
H6452
erowe on PRODPC61 with BILLS
‘‘(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. 
‘‘(c) PETITIONS.— 
‘‘(1) IN GENERAL.—Any interested person, as 
described in subsection (a)(3), may file a petition 
with the Trade Representative requesting that action 
be taken under subsection (a) and setting forth the 
allegations in support of the request. 
‘‘(2) REVIEW.—The Trade Representative shall 
review the allegations in any petition filed under 
VerDate Aug 31 2005 
23:45 Jul 10, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6452.IH
H6452
erowe on PRODPC61 with BILLS
paragraph (1) and, not later than 45 days after the 
date on which the Trade Representative receives the 
petition, shall determine whether to initiate consulta-
tions under subsection (d) with respect to the allega-
tions in the petition. 
‘‘(3) DETERMINATION NOT TO INITIATE CON-
SULTATIONS.—If the Trade Representative deter-
mines not to initiate consultations under subsection 
(d) with respect to a petition filed under paragraph 
(1), the Trade Representative shall inform the peti-
tioner of the reasons therefor and shall publish no-
tice of the determination, together with a summary 
of such reasons, in the Federal Register. 
‘‘(d) CONSULTATIONS.—Not later than 3 weeks after 
the date on which the report required under subsection 
(b) is submitted to the congressional committees specified 
under subsection (b) or upon acceptance of a petition de-
scribed in subsection (c), the Trade Representative shall 
request consultations with the government of each foreign 
country identified under subsection (a) or in such a peti-
tion regarding the practices with respect to which the for-
eign country was so identified. 
‘‘(e) AGREEMENTS.— 
‘‘(1) IN GENERAL.—As part of the consulta-
tions with a foreign country under subsection (d), 
VerDate Aug 31 2005 
23:45 Jul 10, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6452.IH
H6452
erowe on PRODPC61 with BILLS
the Trade Representative shall seek to negotiate an 
agreement between the United States and the for-
eign country that provides for the mitigation, reduc-
tion, or elimination of the negative environmental 
impacts that are the result of the trade practices 
with respect to which the foreign country was identi-
fied under subsection (a) or (c). 
‘‘(2) FAILURE TO REACH AGREEMENT.—If the 
United States and a foreign country fail to reach an 
agreement described in paragraph (1), the Trade 
Representative— 
‘‘(A) shall take all appropriate and feasible 
action authorized under section 301(c) of this 
Act, subject to the specific direction, if any, of 
the President regarding any such action; and 
‘‘(B) shall take all other appropriate and 
feasible action within the power of the Presi-
dent that the President may direct the Trade 
Representative to take under this subsection, to 
obtain the mitigation, reduction, or elimination 
of negative environmental impacts that are the 
result of the trade practices with respect to 
which the foreign country was identified under 
subsection (a). 
VerDate Aug 31 2005 
23:45 Jul 10, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6452.IH
H6452
erowe on PRODPC61 with BILLS
‘‘(f) FOREIGN
COUNTRY
TRADE
PRACTICE
DE-
FINED.—In this section, the term ‘foreign country trade 
practice’ or ‘trade practice’— 
‘‘(1) means any act, policy, or practice of a for-
eign country relating to trade as well as the sus-
tained or recurring lack of any act, policy, or prac-
tice of a foreign country relating to trade; but 
‘‘(2) does not include any such act, policy, or 
practice that reflects a reasonable exercise of pros-
ecutorial discretion or a reasonable decision regard-
ing the allocation of environmental enforcement re-
sources.’’. 
(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: 
‘‘Sec. 311. Identification of countries that engage in trade practices that nega-
tively affect the environment.’’. 
Æ 
VerDate Aug 31 2005 
23:45 Jul 10, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H6452.IH
H6452
erowe on PRODPC61 with BILLS