[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[Extensions of Remarks]
[Page 17433]
[From the U.S. Government Publishing Office, www.gpo.gov]




 INTRODUCING LEGISLATION TO EXPAND THE DISCRETIONARY AUTHORITY OF THE 
                       U.S. TRADE REPRESENTATIVE

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                          HON. EARL BLUMENAUER

                               of oregon

                    in the house of representatives

                     Wednesday, September 29, 2010

  Mr. BLUMENAUER. Madam Speaker, today I am introducing legislation to 
expand the discretionary authority of the United States Trade 
Representative (USTR) to take action under section 301 of the Trade Act 
of 1974. Specifically, the legislation would allow USTR to investigate 
and impose sanctions on countries whose trade practices are found to be 
unfair to U.S. interests by failing to enforce foreign country 
environmental laws. Specifically, USTR will have discretionary 
authority to take action if it finds a persistent pattern of conduct 
that indicates a trading partner:
  (I) Fails to effectively enforce the environmental laws of a foreign 
country;
  (II) Waives or otherwise derogates from the environmental laws of a 
foreign country or weakens the protections 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 country; or
  (IV) Fails to provide appropriate and effective sanctions or remedies 
for violations of the environmental laws of a foreign country.
  This authority is very similar to existing authority held by USTR to 
enforce labor rights around the world.
  My support for international trade agreements has always been 
predicated on the notion that agreements establish a fair, rules-based 
trading regime. The economy of my state is heavily trade-dependent. 
Oregon's iconic brands would not exist without strong international 
trading relationships. Oregon's largest private employer, Intel, is a 
product of the international market for high-tech products. The Port of 
Portland's distribution centers alone create 17,000 jobs, $810 million 
in wages and other personal income, and $2.8 billion in business 
revenues. Ensuring a level playing field in U.S. trading relationships 
is vital to protecting these jobs and to ensuring public support for a 
forward-looking, optimistic approach to trade policy.
  Allowing our trading partners to derogate from their environmental 
laws provides an unfair advantage to their businesses and allows those 
businesses to unfairly undercut U.S. companies, which operate under 
strong environmental protections. I look forward to working with my 
colleagues to ensure that trade remains free and open, but, in 
incorporating environmental and labor protections, also meets basic 
expectations of fairness.

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