15 U.S.C. § 4728 (COMMERCE AND TRADE)
§ 4728. Environmental trade promotion
(a) Statement of policy
It is the policy of the United States to foster the export of United States environmental technologies, goods, and services. In exercising their powers and functions, all appropriate departments and agencies of the United States Government shall encourage and support sales of such technologies, goods, and services.
(b) Environmental Trade Working Group of Trade Promotion Coordination Committee
(1) Establishment and purpose
The President shall establish the Environmental Trade Promotion Working Group (hereafter in this section referred to as the “Working Group”) as a subcommittee of the Trade Promotion Coordination Committee (hereafter in this section referred to as the “TPCC”), established under section 4727 of this title. The purpose of the Working Group shall be—
(A) to address all issues with respect to the export promotion and export financing of United States environmental technologies, goods, and services; and
(B) to develop a strategy for expanding United States exports of environmental technologies, goods, and services.
(2) Membership
The members of the Working Group shall be—
(A) representatives of the departments and agencies that are represented on the TPCC, who are designated by the head of their respective departments or agencies to advise the head of such department or agency on ways of promoting the export of United States environmental technologies, goods, and services; and
(B) a representative of the Environmental Protection Agency.
(3) Chairperson
The Secretary of Commerce (hereafter in this section referred to as the “Secretary”) shall designate the chairperson of the Working Group from among senior employees of the Department of Commerce. The chairperson shall—
(A) assess the effectiveness of United States Government programs for the promotion of exports of environmental technologies, goods, and services;
(B) recommend improvements to such programs, including regulatory changes or additional authority that may be necessary to improve the promotion of exports of environmental technologies, goods, and services;
(C) ensure that the members of the Working Group coordinate their environmental trade promotion programs, including feasibility studies, technical assistance, training programs, business information services, and export financing; and
(D) assess, jointly with the Working Group representative of the Environmental Protection Agency, the extent to which the environmental trade promotion programs of the Working Group advance the environmental goals established in “Agenda 21” by the United Nations Conference on Environment and Development held at Rio de Janeiro, and in other international environmental agreements.
(4) Report to Congress
The chairperson of the TPCC shall include a report on the activities of the Working Group as a part of the annual report submitted to the Congress by the TPCC.
(c) Environmental Technologies Trade Advisory Committee
(1) Establishment and purpose
The Secretary, in carrying out the duties of the chairperson of the TPCC, shall establish the Environmental Technologies Trade Advisory Committee (hereafter in this section referred to as the “Committee”). The purpose of the Committee shall be to provide advice and guidance to the Working Group in the development and administration of programs to expand United States exports of environmental technologies, goods, and services and products that comply with United States environmental, safety, and related requirements.
(2) Membership
The members of the Committee shall be drawn from representatives of—
(A) environmental businesses, including small businesses;
(B) trade associations in the environmental sector;
(C) private sector organizations involved in the promotion of environmental exports, including products that comply with United States environmental, safety, and related requirements;
(D) States (as defined in section 4721(i)(5) 1 of this title) and associations representing the States; and
(E) other appropriate interested members of the public, including labor representatives.
The Secretary shall appoint as members of the Committee at least 1 individual under each of subparagraphs (A) through (E).
(d) Export plans for priority countries
(1) Priority country identification
The Working Group, in consultation with the Committee, shall annually assess which foreign countries have markets with the greatest potential for the export of United States environmental technologies, goods, and services. Of these countries the Working Group shall select as priority countries 5 with the greatest potential for the application of United States Government export promotion resources related to environmental exports.
(2) Export plans
The Working Group, in consultation with the Committee, shall annually create a plan for each priority country selected under paragraph (1), setting forth in detail ways to increase United States environmental exports to such country. Each such plan shall—
(A) identify the primary public and private sector opportunities for United States exporters of environmental technologies, goods, and services in the priority country;
(B) analyze the financing and other requirements for major projects in the priority country which will use environmental technologies, goods, and services, and analyze whether such projects are dependent upon financial assistance from foreign countries or multilateral institutions; and
(C) list specific actions to be taken by the member agencies of the Working Group to increase United States exports to the priority country.
(e) Trade information
In support of the work of the Working Group, the Secretary shall, as part of the regular market survey and information services activities of the Department of Commerce, make available—
(1) information on existing and emerging markets and market trends for environmental technologies, goods, and services; and
(2) a description of the export promotion programs for environmental technologies, goods, and services of the agencies that are represented on the Working Group.
(f) Environmental technologies specialists in United States and Foreign Commercial Service
(1) Assignment of environmental technologies specialists
The Secretary shall assign a specialist in environmental technologies to the office of the United States and Foreign Commercial Service in each of the 5 priority countries selected under subsection (d)(1), and the Secretary is authorized to assign such a specialist to the office of the United States and Foreign Commercial Service in any country that is a promising market for United States exports of environmental technologies, goods, and services. Such specialist may be an employee of the Department, an employee of any relevant United States Government department or agency assigned on a temporary or limited term basis to the Commerce Department, or a representative of the private sector assigned to the Department of Commerce.
(2) Duties of environmental technologies specialists
Each specialist assigned under paragraph (1) shall provide export promotion assistance to United States environmental businesses, including, but not limited to—
(A) identifying factors in the country to which the specialist is assigned that affect the United States share of the domestic market for environmental technologies, goods, and services, including market barriers, standards-setting activities, and financing issues;
(B) providing assessments of assistance by foreign governments that is provided to producers of environmental technologies, goods, and services in such countries in order to enhance exports to the country to which the specialist is assigned, the effectiveness of such assistance on the competitiveness of United States products, and whether comparable United States assistance exists;
(C) training Foreign Commercial Service Officers in the country to which the specialist is assigned, other countries in the region, and United States and Foreign Commercial Service offices in the United States, in environmental technologies and the international environmental market;
(D) providing assistance in identifying potential customers and market opportunities in the country to which the specialist is assigned;
(E) providing assistance in obtaining necessary business services in the country to which the specialist is assigned;
(F) providing information on environmental standards and regulations in the country to which the specialist is assigned;
(G) providing information on all United States Government programs that could assist the promotion, financing, and sale of United States environmental technologies, goods, and services in the country to which the specialist is assigned; and
(H) promoting the equal treatment of United States environmental, safety, and related requirements, with those of other exporting countries, in order to promote exports of United States-made products.
(g) Environmental training in one-stop shops
In addition to the training provided under subsection (f)(2)(C), the Secretary shall establish a mechanism to train—
(1) Commercial Service Officers assigned to the one-stop shops provided for in section 4721(b)(8) of this title, and
(2) Commercial Service Officers assigned to district offices in districts having large numbers of environmental businesses,
in environmental technologies and in the international environmental marketplace, and ensure that such officers receive appropriate training under such mechanism. Such training may be provided by officers or employees of the Department of Commerce, and other United States Government departments and agencies, with appropriate expertise in environmental technologies and the international environmental workplace, and by appropriate representatives of the private sector.
(h) International regional environmental initiatives
(1) Establishment of initiatives
The TPCC may establish one or more international regional environmental initiatives the purpose of which shall be to coordinate the activities of Federal departments and agencies in order to build environmental partnerships between the United States and the geographic region outside the United States for which such initiative is established. Such partnerships shall enhance environmental protection and promote sustainable development by using in the region technical expertise and financial resources of United States departments and agencies that provide foreign assistance and by expanding United States exports of environmental technologies, goods, and services to that region.
(2) Activities
In carrying out each international regional environmental initiative, the TPCC shall—
(A) support, through the provision of foreign assistance, the development of sound environmental policies and practices in countries in the geographic region for which the initiative is established, including the development of environmentally sound regulatory regimes and enforcement mechanisms;
(B) identify and disseminate to United States environmental businesses information regarding specific environmental business opportunities in that geographic region;
(C) coordinate existing Federal efforts to promote environmental exports to that geographic region, and ensure that such efforts are fully coordinated with environmental export promotion efforts undertaken by the States and the private sector;
(D) increase assistance provided by the Federal Government to promote exports from the United States of environmental technologies, goods, and services to that geographic region, such as trade missions, reverse trade missions, trade fairs, and programs in the United States to train foreign nationals in United States environmental technologies; and
(E) increase high-level advocacy by United States Government officials (including the United States ambassadors to the countries in that geographic region) for United States environmental businesses seeking market opportunities in that geographic region.
(i) Environmental technologies project advocacy calendar and information dissemination program
The Working Group shall—
(1) maintain a calendar, updated at the end of each calendar quarter, of significant opportunities for United States environmental businesses in foreign markets and trade promotion events, which shall—
(A) be made available to the public;
(B) identify the 50 to 100 environmental infrastructure and procurement projects in foreign markets that have the greatest potential in the calendar quarter for United States exports of environmental technologies, goods, and services; and
(C) include trade promotion events, such as trade missions and trade fairs, in the environmental sector; and
(2) provide, through the National Trade Data Bank and other information dissemination channels, information on opportunities for environmental businesses in foreign markets and information on Federal export promotion programs.
(j) Environmental technology export alliances
Subject to the availability of appropriations for such purpose, the Secretary is authorized to use the Market Development Cooperator Program to support the creation on a regional basis of alliances of private sector entities, nonprofit organizations, and universities, that support the export of environmental technologies, goods, and services and promote the export of products complying with United States environmental, safety, and related requirements.
(k) “Environmental business” defined
For purposes of this section, the term “environmental business” means a business that produces environmental technologies, goods, or services.
(Pub. L. 100–418, title II, § 2313, as added Pub. L. 102–429, title II, § 204(a), Oct. 21, 1992, 106 Stat. 2202; amended Pub. L. 103–392, title IV, § 402, Oct. 22, 1994, 108 Stat. 4099.)
heading: References in Text
text: Section 4721 of this title, referred to in subsec. (c)(2)(D), was amended, and section 4721(i)(5) does not define “States”. However, such term is defined elsewhere in that section.
heading: Amendments
text: 1994—Subsecs. (c) to (e). Pub. L. 103–392, § 402(a), added subsecs. (c) and (d), redesignated former subsec. (c) as (e), and struck out former subsec. (d) which related to overseas services for exporters.
Subsecs. (f) to (k). Pub. L. 103–392, § 402(b), added subsecs. (f) to (k).
heading: Report on Insurance Feasibility
text: Section 204(b) of Pub. L. 102–429 directed that, not later than 1 year after Oct. 21, 1992, chairperson of Trade Promotion Coordinating Committee, after consultation with appropriate departments and agencies of the United States Government, submit a report to Congress that analyzes (1) the extent to which Federal investment insurance and export financing programs sufficiently protect against business failures or default on obligations arising from changes by a foreign government in its environmental laws or regulations, and (2) the advisability and feasibility of expanding coverage of such programs, or creating new programs, to address such risks.