text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Trade and Environment Enforcement 
  Act'' or ``Green 301 Act''.
  
  SEC. 2. ENVIRONMENTAL PROTECTION IN TRADE RELATIONS.
  
      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 
                                  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;
                                      ``(IV) fails to provide appropriate 
                                  and effective sanctions or remedies for 
                                  violations of the environmental laws of 
                                  a foreign country; or
                                      ``(V) fails to effectively enforce 
                                  environmental 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 adding 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 Representative shall 
          take into account all relevant factors, including--
                      ``(A) the strength of the connection between trade 
                  and the negative environmental impact;
                      ``(B) the significance of the negative 
                  environmental impact on the protection of human, animal 
                  or plant life or health, or the conservation 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 persons, including private or nongovernmental 
          organizations 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 section 181(b) of this Act, and 
          every 2 years thereafter, 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 practices identified under subsection (a).
              ``(2) Matters to be included.--The Trade Representative may 
          include in the report, if appropriate--
                      ``(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 impacts of such foreign country trade 
                  practices.''.
      (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 affect the environment.''.
target: Trade and Environment Enforcement Act or Green 301 Act - Amends the Trade Act of 1974 to authorize the U.S. Trade Representative (USTR) to take certain discretionary trade action against foreign countries that engage in unreasonable acts, policies, or practices that fail to enforce their environmental laws effectively.  Directs the USTR to identify foreign country trade practices that affect negatively the environment of the United States, the foreign country, a third country, or internationally.
feat_title: Green 301 Act