[Congressional Record Volume 161, Number 59 (Wednesday, April 22, 2015)]
[Extensions of Remarks]
[Page E555]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      STRENGTHENING TRADE-RELATED PROTECTIONS FOR THE ENVIRONMENT

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                          HON. EARL BLUMENAUER

                               of oregon

                    in the house of representatives

                       Wednesday, April 22, 2015

  Mr. BLUMENAUER. Mr. Speaker, when foreign countries selectively 
enforce their environmental rules to advantage their own companies, it 
undercuts U.S. companies and it harms the environment. Our trade 
negotiators should have the tools they need to adequately enforce 
environmental commitments.
  The problem is proliferating. A survey conducted this year by the 
American Chamber of Commerce in China found that 57 percent--a multi-
point increase from last year--of U.S. companies operating in China 
believed they were being unfairly targeted compared to their local 
competition. The U.S. should have the tools to correct such 
disadvantages. The Green 301 Act would be an important tool in this 
regard.
  The Green 301 Act strengthens Section 301 of the Trade Act of 1974 to 
strengthen the U.S. Trade Representative's ability to ensure that the 
law is applied equally, that bad actors are held accountable, and that 
good actors are not penalized for following the rules. By making sure 
U.S. companies aren't forced to play by a different and more costly set 
of rules abroad, we can bolster environmental protections and best 
practices, as well as U.S. exports. The selective enforcement of 
environmental laws damages both trade and our environment.
  Specifically, the Green 301 Act would allow the U.S. to impose 
penalties on countries that fail to effectively enforce their 
environmental laws, that waived or otherwise derogated from their 
environmental laws, that fail to provide for judicial proceedings 
giving access to remedies for violations of their environmental laws, 
that fail to provide appropriate and effective sanctions or remedies 
for violations of their environmental laws, or that fail to effectively 
implement environmental commitments they agreed to with the United 
States.
  Additionally, Section 301 enables outside groups to petition USTR to 
take action. Any outside organization may file a Section 301 request 
with USTR, which must then consult with the petitioners, and report 
back within 45 days on whether they will or won't act on the petition 
and why or why not. The Green 301 Act would ensure this process is 
expanded to environmental violations.
  U.S. trade agreements attempt to limit these unfair double standards. 
Dozens of countries, however, fall outside our trade commitments. To 
level the playing field in these countries, and to stop a race to the 
bottom, Congress included Section 301 in the Trade Act of 1974. This 
section authorizes the U.S. to take action to remove ``any act, policy, 
or practice of a foreign government that . . . is unjustified, 
unreasonable, or discriminatory, and that burdens or restricts U.S. 
commerce.'' Congress later expanded Section 301 to deal specifically 
with IP issues, and later amended it to address labor standards. It is 
time that Congress expand it again to meet environmental challenges.

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