II

103D CONGRESS

1ST SESSION S. 1074

To provide for the development and implementation of a national strategy

to encourage and promote opportunities for the United States private

sector to provide environmentally sound technology, goods, and services

(especially source reduction and energy efficiency technology, goods, and

services) to the global market, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 28 (legislative day, APRIL 19), 1993

Mr. KERRY (for himself, Mr. CHAFEE, Mr. LIEBERMAN, and Mr. BAUCUS) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

A BILL

To provide for the development and implementation of a

national strategy to encourage and promote opportunities

for the United States private sector to provide environmentally sound technology, goods, and services (especially

source reduction and energy efficiency technology, goods,

and services) to the global market, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Environ5 mental Trade Development Act of 1993’’.
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1 SEC. 2. FINDINGS.

2 The Congress makes the following findings:

3 (1) The global market for environmental tech4 nology, goods, and services, is now

5 $270,000,000,000, and is estimated to grow to

6 $500,000,000,000 by the year 2000.

7 (2) The global environmental market has been

8 stimulated by the increased environmental awareness

9 of developing nations, the emergence of new repub10 lics in the former Soviet Union and Eastern Europe,

11 increased public awareness of the importance of en12 vironmental protection, and the actions taken by na13 tions at the United Nations Conference on Environ14 ment and Development, which was held at Rio de

15 Janeiro on June 3–15, 1992.

16 (3) The United Nations Conference on Environ17 ment and Development adopted ‘‘Agenda 21’’, which

18 calls on all nations to develop and implement na19 tional strategies for sustainable development of their

20 natural resources, including the wise use of their

21 ocean and coastal resources, and urges developed

22 countries to enter into technology cooperation ar23 rangements with developing countries for the provi24 sion of environmentally sound technologies.

25 (4) The national policy of the United States de26 clares that pollution should be prevented or reduced
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1 at the source whenever feasible, prior to environ2 mentally sound recycling, treatment, or landfilling.

3 (5) Source reduction is fundamentally different

4 from and more desirable than waste management

5 and pollution control and should be emphasized by

6 Federal agencies when such agencies are promoting

7 United States environmental technology, goods, and

8 services abroad.

9 (6) The United States private sector has devel10 oped regional clusters of environmental businesses,

11 nonprofit organizations, and educational institutions

12 in response to United States environmental laws and

13 regulations.

14 (7) The United States historically has domi15 nated in the development of environmentally sound

16 technology, goods, and services, but has never gained

17 a corresponding share of the market outside of the

18 United States, in part because other countries have

19 more extensive programs to assist the private sector

20 in environmental export promotion.

21 (8) Experts estimate that the United States

22 private sector could create over 300,000 new jobs by

23 the year 2000 based on an increased share of the

24 global market for environmental technology.
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1 (9) At least 12 Federal agencies have some type

2 of export promotion program, but no single agency

3 has overall responsibility for export promotion and

4 no agency is clearly responsible for the promotion of

5 environmental technology exports.

6 (10) Promoting United States environmental

7 exports to the global market will create jobs, assist

8 nations to implement sustainable development pro9 grams, including the wise use of ocean and coastal

10 resources, and enhance the role of the United States

11 as a leader in global environmental policy.

12 SEC. 3. POLICY AND PURPOSE.

13 (a) POLICY.—The Congress declares that it is the

14 policy of the United States to promote the export of Unit15 ed States environmental technology, goods, and services

16 (especially source reduction and energy efficiency tech17 nology, goods, and services) to the global market for the

18 benefit of the global environment and to increase private

19 sector jobs in the field of environmental technology.

20 (b) PURPOSE.—It is the purpose of this Act—

21 (1) to encourage the United States private sec22 tor to export, and assist the United States private

23 sector in exporting, environmental technology, goods,

24 and services (especially source reduction and energy
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1 efficiency technology, goods, and services) in order

2 to carry out the policy set forth in subsection (a);

3 (2) to authorize the President, acting through

4 the Office of Environmental Policy and the National

5 Economic Council, to coordinate the relevant policies

6 and programs of Federal agencies to carry out the

7 policy set forth in subsection (a);

8 (3) to direct the Secretary of Commerce to en9 sure that the policies and programs of the Depart10 ment of Commerce, including those of the National

11 Oceanic and Atmospheric Administration, are con12 sistent with and will help carry out the policy set

13 forth in subsection (a);

14 (4) to establish the Environmental Trade Pro15 motion Council of the United States, a public-private

16 partnership, and require the Council to develop a na17 tional strategy to promote environmental exports;

18 (5) to authorize matching funds to qualified re19 gional environmental business and technology co20 operation centers to provide technical assistance,

21 education, and training to small- and medium-sized

22 United States businesses entering the global environ23 mental market and to provide appropriate training

24 to foreign nationals;
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1 (6) to establish a senior-level environmental

2 service corps within the Peace Corps through which

3 experienced environmental professionals would assist

4 developing countries and emerging democracies to

5 develop and implement their sustainable development

6 programs, including programs to promote the wise

7 use of ocean and coastal resources; and

8 (7) to authorize the Secretary of Commerce to

9 establish American Business Centers, including En10 vironmental Business Centers, in nations that offer

11 promising new markets for United States environ12 mental technologies (especially source reduction and

13 energy efficiency technologies).

14 SEC. 4. UNITED STATES ENVIRONMENTAL TRADE PRO15 MOTION STRATEGY.

16 The President, acting through the Office of Environ17 mental Policy and the National Economic Council, shall

18 coordinate the export promotion programs of Federal

19 agencies to ensure that these programs are consistent with

20 and implement the national strategy to increase environ21 mental exports that is developed by the Environmental

22 Trade Promotion Council under section 6.
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1 SEC. 5. COMMERCE DEPARTMENT PARTICIPATION IN ENVI2 RONMENTAL TRADE PROMOTION STRATEGY.

3 (a) REVIEW.—The Secretary shall review the applica4 ble policies and programs of the Department of Com5 merce, including those of the United States and Foreign

6 Commercial Service and other components of the Inter7 national Trade Administration, and those of the National

8 Oceanic and Atmospheric Administration, to ensure that

9 these policies and programs are consistent with and imple10 ment the national strategy to increase environmental ex11 ports that is developed by the Environmental Trade Pro12 motion Council under section 6.

13 (b) REPORT TO CONGRESS.—The Secretary shall re14 port to the Congress any policies and programs that are

15 found in the review conducted under subsection (a) to be

16 inconsistent with the national strategy developed under

17 section 6 and make recommendations for any legislative

18 changes needed in the authorities of those programs to

19 remove the inconsistency.

20 (c) 1-STOP SHOPS.—

21 (1) AT THE TRADE INFORMATION CENTER.—

22 The Secretary shall establish at the Trade Informa23 tion Center in the Department of Commerce an en24 vironmental technology export promotion 1-stop shop

25 to provide information to United States businesses

26 selling environmental technology, goods, and services
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1 (especially source reduction and energy efficiency

2 technology, goods, and services) on applicable tech3 nical and financial assistance programs of the De4 partment, potential global market opportunities, in5 cluding trade fairs, for those businesses, and on

6 international environmental regulations.

7 (2) AT UNITED STATES AND FOREIGN COMMER8 CIAL SERVICE OFFICES.—The Secretary shall ensure

9 that appropriate offices of the United States and

10 Foreign Commercial Service, which function as 1-

11 stop shops for United States exporters, will also

12 function as environmental technology export pro13 motion 1-stop shops to provide information described

14 in paragraph (1) to United States businesses selling

15 environmental technology, goods, and services (espe16 cially source reduction and energy efficiency tech17 nology, goods, and services) in the district or area

18 served by each such office. In operating such shops

19 outside the United States, the Secretary shall co20 operate with the Regional Environmental Business

21 and Technology Cooperation Centers described in

22 section 7.
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1 SEC. 6. ENVIRONMENTAL TRADE PROMOTION COUNCIL.

2 (a) ESTABLISHMENT.—The President shall establish

3 an Environmental Trade Promotion Council (hereafter in

4 this Act referred to as the ‘‘Council’’).

5 (b) MEMBERSHIP.—The Council shall be composed of

6 the following members:

7 (1) The Secretary of Commerce.

8 (2) The Secretary of Energy.

9 (3) The Administrator of the Environmental

10 Protection Agency.

11 (4) The Administrator of the Agency for Inter12 national Development.

13 (5) The Director of the Trade and Development

14 Agency.

15 (6) The President of the Export-Import Bank

16 of the United States.

17 (7) The President of the Overseas Private In18 vestment Corporation.

19 (8) 6 individuals appointed by the President

20 from among representatives of the United States en21 vironmental technology industry, including 1 rep22 resentative of the marine biotechnology industry.

23 (9) 3 individuals appointed by the President

24 from among representatives of labor, consumer pro25 tection, and environmental conservation organiza26 tions.
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1 (10) 3 individuals appointed by the President

2 from among representatives of the States and asso3 ciations representing the States.

4 (c) CHAIRPERSON.—The Secretary shall serve as the

5 chairperson of the Council.

6 (d) FUNCTIONS OF THE COUNCIL.—The Council

7 shall—

8 (1) develop a national strategy to increase ex9 ports of United States environmental technology,

10 goods, and services (especially source reduction and

11 energy efficiency technology, goods, and services);

12 (2) work with the Environmental Trade Pro13 motion Working Group of the Trade Promotion Co14 ordinating Committee in developing the national

15 strategy referred to in paragraph (1);

16 (3) prepare an action plan to implement the na17 tional strategy, including recommended guidelines

18 for agencies represented on the Council and the En19 vironmental Trade Promotion Working Group re20 ferred to in paragraph (2) to take action within their

21 respective agencies to promote exports of environ22 mental technologies (especially source reduction and

23 energy efficiency technologies);
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1 (4) submit the national strategy and action

2 plan simultaneously to the President and the Con3 gress by April 30, 1994; and

4 (5) make periodic reports to the President and

5 the Congress on the achievement of the goals of the

6 national strategy and the action plan.

7 (e) STAFF AND ADMINISTRATION.—

8 (1) SUPPORT SERVICES.—The Secretary shall

9 provide to the Council such administrative and tech10 nical support services as are necessary for the effec11 tive functioning of the Council.

12 (2) OTHER SUPPORT.—The Administrator of

13 General Services shall furnish the Council with such

14 offices, equipment, supplies, and services as the Ad15 ministrator is authorized to furnish to any other

16 agency or instrumentality of the United States.

17 (3) COMPENSATION AND EXPENSES.—

18 (A) Except as provided in subparagraph

19 (B), members of the Council shall each be paid

20 the daily equivalent of the minimum rate of

21 basic pay payable for grade GS–15 of the Gen22 eral Schedule for each day during which they

23 are engaged in the actual performance of duties

24 vested in the Council.
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1 (B) Members of the Council who are offi2 cers and employees of the United States may

3 not receive additional pay, allowances, or bene4 fits by reason of their service on the Council.

5 (C) Each member of the Council shall re6 ceive travel expenses, including per diem in lieu

7 of subsistence, in accordance with sections 5702

8 and 5703 of title 5, United States Code.

9 (f) DISCLOSURE OF FINANCIAL INTEREST.—Each

10 member of the Council appointed under paragraph (8) or

11 (9) of subsection (b) shall file with the Secretary, before

12 serving on the Council, a statement of financial interest

13 that that individual, or the spouse, minor child, or partner

14 of that individual may have in an activity that may be

15 addressed by the national strategy or action plan devel16 oped under subsection (d).

17 (g) PROCEDURAL MATTERS.—

18 (1) FEDERAL ADVISORY COMMITTEE ACT.—The

19 Council is not an advisory committee for purposes of

20 the Federal Advisory Committee Act (5 U.S.C. App.

21 1.).

22 (2) OPEN MEETINGS.—The meetings of the

23 Council shall be open to the public and timely public

24 notice shall be provided in advance of each regular

25 meeting of the Council.
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1 (h) SUNSET.—The Council shall cease to exist on

2 September 30, 1998.

3 SEC. 7. REGIONAL ENVIRONMENTAL BUSINESS AND TECH4 NOLOGY COOPERATION CENTERS.

5 (a) PURPOSE.—It is the purpose of this section to

6 provide matching funds for the establishment of regional

7 environmental business and technology cooperation cen8 ters that will draw upon their own expertise and existing

9 Federal Government programs to provide assistance, edu10 cation, and training for United States and foreign compa11 nies and organizations engaged in providing and acquiring

12 United States environmental technology, goods, and serv13 ices (especially source reduction and energy efficiency

14 technology, goods, and services).

15 (b) REGIONAL ENVIRONMENTAL BUSINESS AND

16 TECHNOLOGY COOPERATION CENTERS.— Eligible govern17 ment and private sector organizations that are actively en18 gaged in providing export assistance to small- and me19 dium-sized environmental businesses and environmental

20 training to foreign nationals may apply to the Secretary,

21 in such form and manner as the Secretary may prescribe,

22 for designation as a Regional Environmental Business and

23 Technology Cooperation Center. Eligible organizations in24 clude State and local government agencies, small- and me25 dium-sized businesses, and appropriate programs imple-
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1 mented by professional societies, worker organizations, in2 dustrial organizations, for-profit and nonprofit organiza3 tions, and institutions of higher education, including those

4 designated as sea grant colleges under the National Sea

5 Grant College Program Act (33 U.S.C. 1121 and follow6 ing).

7 (c) STANDARDS FOR DESIGNATION OF CENTERS.—

8 The Secretary shall establish standards for designating or9 ganizations or programs described in subsection (b) as Re10 gional Environmental Business and Technology Coopera11 tion Centers. In establishing such standards, the Secretary

12 shall give priority to—

13 (1) already existing centers and organizations

14 which have demonstrated competence in the areas of

15 environmental education and training and provision

16 of export assistance to small- and medium-sized

17 businesses; and

18 (2) any group of eligible organizations that

19 would be designated as a single Regional Environ20 mental Business and Technology Cooperation Cen21 ter.

22 (d) GRANTS.—

23 (1) IN GENERAL.—The Secretary may, subject

24 to the availability of appropriations, make grants to

25 Regional Environmental Business and Technology
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1 Cooperation Centers designated under subsection

2 (b).

3 (2) USE OF GRANTS.—Grants awarded under

4 paragraph (1) may be used by a Regional Environ5 mental Business and Technology Cooperation Cen6 ter—

7 (A) to provide demonstrations of United

8 States environmental technology (especially

9 source reduction and energy efficiency tech10 nology) in the United States and in countries

11 that offer promising new market possibilities

12 for the export of environmental technology (es13 pecially source reduction and energy efficiency

14 technology) to foreign nationals that have an

15 interest in purchasing United States environ16 mental technology;

17 (B) to provide technical assistance on ex18 port development programs and export financ19 ing to small- and medium-sized businesses, in

20 the region served by the Center, that have an

21 interest in exporting such environmental tech22 nology, goods, and services (especially source

23 reduction and energy efficiency technology,

24 goods, and services);
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1 (C) to provide technical assistance on how

2 to market, distribute, and provide pre- and

3 post-sales service to small- and medium-sized

4 businesses, in the region served by the Center,

5 that have an interest in exporting such environ6 mental technology, goods, and services (espe7 cially source reduction and energy efficiency

8 technology, goods, and services);

9 (D) to conduct programs in the United

10 States of training and education of foreign na11 tionals in environmental management, coastal

12 zone management, sustainable development,

13 marine pollution prevention and response, ma14 rine biotechnology, and environmental business

15 management;

16 (E) to identify market data, environmental

17 needs, and environmental regulations of speci18 fied foreign countries and areas for United

19 States environmental technology, goods, and

20 services (especially source reduction and energy

21 efficiency technology, goods, and services); and

22 (F) to perform other services to promote

23 the export of United States environmental tech24 nology, goods, and services (especially source
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1 reduction and energy efficiency technology,

2 goods, and services).

3 (3) TERMS OF GRANTS.—Each grant under this

4 subsection may be awarded for an initial period of

5 not more than 3 years and may be renewed for 1 ad6 ditional period of not more than 2 years. Each such

7 grant may not at any time exceed 50 percent of the

8 operating costs of the recipient Regional Environ9 mental Business and Technology Cooperation Center

10 and shall be matched by financial and in-kind con11 tributions of the Center.

12 (4) LIMITATION IN NUMBER OF GRANTS.—The

13 Secretary is authorized to make grants under this

14 section to not more than 6 Regional Environmental

15 Business and Technology Cooperation Centers.

16 SEC. 8. SENIOR ENVIRONMENTAL SERVICE CORPS.

17 The Peace Corps Act (22 U.S.C. 2501–2523) is

18 amended by adding at the end the following:

19 ‘‘SEC. 29. SENIOR ENVIRONMENTAL SERVICE CORPS.

20 ‘‘(a) ESTABLISHMENT OF SENIOR ENVIRONMENTAL

21 SERVICE CORPS.—There is established within the Peace

22 Corps a division known as the ‘Senior Environmental

23 Service Corps’.

24 ‘‘(b) PURPOSE.—The purpose of the Senior Environ25 mental Service Corps is to provide volunteers with experi-
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1 ence in environmental management, environmental tech2 nology (especially source reduction and energy efficiency

3 technology), sustainable development, coastal zone man4 agement, or marine pollution and prevention, to countries

5 requesting volunteers with these skills.

6 ‘‘(c) DUTIES AND RESPONSIBILITIES.—Volunteers in

7 the Senior Environmental Service Corps shall provide ad8 vice to foreign governments, ministries, for-profit and non9 profit organizations, and others in environmental manage10 ment, strategies, and practices.

11 ‘‘(d) TERMS AND CONDITIONS OF SERVICE.—The

12 President shall enroll volunteers in the Senior Environ13 mental Service Corps in the same manner and under the

14 same terms and conditions of service as other volunteers

15 are enrolled under section 5 of this Act, except that volun16 teers in the Senior Environmental Service Corps may be

17 provided with stipends sufficient to enable them to fulfill

18 the functions described in subsection (c) of this section.’’.

19 SEC. 9. AMERICAN BUSINESS CENTERS.

20 (a) ESTABLISHMENT.—The Secretary is authorized

21 and encouraged to establish American Business Centers,

22 including Environmental Business Centers, in such coun23 tries that the Secretary determines offer promising new

24 market possibilities for the export of United States envi25 ronmental technology, goods and services (especially
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1 source reduction and energy efficiency technology, goods,

2 and services). To the maximum extent practicable, the

3 Secretary shall use the private sector to establish such

4 Centers.

5 (b) POLICY GUIDANCE.—To the extent consistent

6 with the policy and purposes of this Act, the Secretary

7 shall comply with the directives set forth in paragraphs

8 (1), (2), (3), (4), and (6) of section 301(c) of the Freedom

9 Support Act of 1992 (22 U.S.C. 5821) in establishing

10 American Business Centers and Environmental Business

11 Centers under this section.

12 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated—

14 (1) to the Secretary of Commerce—

15 (A) $4,000,000 for each of fiscal years

16 1994, 1995, 1996, 1997, and 1998, to carry

17 out sections 5, 6, and 9; and

18 (B) $6,000,000 for each of fiscal years

19 1994, 1995, 1996, 1997, and 1998, to carry

20 out section 7; and

21 (2) to the Director of the Peace Corps

22 $1,500,000 for each of fiscal years 1994, 1995,

23 1996, 1997, and 1998 to carry out section 8.

24 Sums appropriated pursuant to paragraph (2) shall re25 main available for 2 fiscal years.
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1 SEC. 11. DEFINITIONS.

2 As used in this Act—

3 (1) the term ‘‘export promotion program’’

4 means any activity of the Federal Government de5 signed to stimulate or assist United States busi6 nesses in marketing their goods and services, includ7 ing environmental technology, abroad;

8 (2) the term ‘‘Secretary’’ means the Secretary

9 of Commerce; and

10 (3) the term ‘‘State’’ means each of the several

11 States, the District of Columbia, and any common12 wealth, territory, or possession of the United States.

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