15 U.S.C. § 4728 — Environmental trade promotion

Page 2168 TITLE 15—COMMERCE AND TRADE § 4727a Easier for America’s Small Businesses and America’s Exporters to Access Government Services to Help Them Grow and Hire), the Export Promotion Cabinet shall support the Steering Committee established pur- suant to that memorandum in its efforts to create BusinessUSA, a common, open, online platform and web service that will, among other things, enable ex- porters to seamlessly access information about export- related Government programs, resources, and services regardless of which agency provides them. (3) Trade Budget. The Export Promotion Cabinet shall, in consultation with the TPCC: (a) evaluate the allocation of Federal Government re- sources to assist with trade financing, negotiation, en- forcement, and promotion, as well as the encourage- ment of foreign investment in the United States, and identify potential savings from streamlining overlap- ping or duplicative programs, as well as areas in need of additional resources; (b) make recommendations to the Director of the Of- fice of Management and Budget (OMB) for more effec- tive resource allocation to these functions, consistent with my Administration’s strategic trade and invest- ment goals and priorities, including recommendations to streamline overlapping and duplicative programs and reallocate those resources; and (c) present to the Director of OMB for consideration in the annual process for developing the President’s Budget, a proposed unified Federal trade budget, con- sistent with my Administration’s strategic trade and investment goals and priorities. (4) Coordination of Offices and Staff. The Export Pro- motion Cabinet, in consultation with the TPCC, shall take steps to ensure the most efficient use of its mem- bers’ domestic and foreign offices and distribution net- works, including: co-locating offices wherever appro- priate; cross-training staff to better serve business cus- tomers at home and abroad by promoting exports to foreign countries and foreign investment in the United States; and considering the effectiveness of commercial diplomacy, cross-training, and referrals, as appro- priate, when evaluating employee performance. (5) Enhancing Business Competitiveness. Pending pas- sage of legislation providing Consolidation Authority, the Export Promotion Cabinet shall work with the Na- tional Economic Council to develop and coordinate ad- ministrative initiatives to align and enhance programs that enable and support efforts by American busi- nesses, particularly small businesses, to innovate, grow, and increase exports. (6) General Provisions[.] (a) This memorandum shall be implemented consistent with applicable law and sub- ject to the availability of appropriations. (b) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) authority granted by law to a department or agency, or the head thereof; or (ii) functions of the Director of OMB relating to budgetary, administrative, or legislative proposals. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Director of OMB is hereby authorized and di- rected to publish this memorandum in the Federal Reg- ister. BARACK OBAMA. § 4727a. Implementation of primary objectives of TPCC The Trade Promotion Coordinating Com- mittee shall— (1) report on the actions taken or efforts cur- rently underway to eliminate the areas of overlap and duplication identified among Fed- eral export promotion activities; (2) coordinate efforts to sponsor or promote any trade show or trade fair; (3) work with all relevant State and national organizations, including the National Gov- ernors’ Association, that have established trade promotion offices; (4) report on actions taken or efforts cur- rently underway to promote better coordina- tion between State, Federal, and private sec- tor export promotion activities, including co- location, cost sharing between Federal, State, and private sector export promotion programs, and sharing of market research data; and (5) by not later than March 30, 2000, and an- nually thereafter, include the matters ad- dressed in paragraphs (1), (2), (3), and (4) in the annual report required to be submitted under section 4727(f) of this title. (Pub. L. 106–158, § 6, Dec. 6, 1999, 113 Stat. 1746.) Editorial Notes CODIFICATION Section was enacted as part of the Export Enhance- ment Act of 1999, and not as part of the Export En- hancement Act of 1988 which enacted this chapter. § 4728. Environmental trade promotion (a) Statement of policy It is the policy of the United States to foster the export of United States environmental tech- nologies, goods, and services. In exercising their powers and functions, all appropriate depart- ments and agencies of the United States Govern- ment 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 Environ- mental 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 re- spective 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’’) Page 2169 TITLE 15—COMMERCE AND TRADE § 4728 1 See References in Text note below. shall designate the chairperson of the Working Group from among senior employees of the De- partment of Commerce. The chairperson shall— (A) assess the effectiveness of United States Government programs for the pro- motion of exports of environmental tech- nologies, goods, and services; (B) recommend improvements to such pro- grams, including regulatory changes or addi- tional authority that may be necessary to improve the promotion of exports of envi- ronmental technologies, goods, and services; (C) ensure that the members of the Work- ing Group coordinate their environmental trade promotion programs, including feasi- bility studies, technical assistance, training programs, business information services, and export financing; and (D) assess, jointly with the Working Group representative of the Environmental Protec- tion Agency, the extent to which the envi- ronmental 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 agree- ments. (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 Advi- sory Committee (hereafter in this section re- ferred to as the ‘‘Committee’’). The purpose of the Committee shall be to provide advice and guidance to the Working Group in the develop- ment and administration of programs to ex- pand United States exports of environmental technologies, goods, and services and products that comply with United States environ- mental, 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 environ- mental sector; (C) private sector organizations involved in the promotion of environmental exports, including products that comply with United States environmental, safety, and related re- quirements; (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 representa- tives. 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 para- graph (1), setting forth in detail ways to in- crease United States environmental exports to such country. Each such plan shall— (A) identify the primary public and private sector opportunities for United States ex- porters of environmental technologies, goods, and services in the priority country; (B) analyze the financing and other re- quirements for major projects in the priority country which will use environmental tech- nologies, goods, and services, and analyze whether such projects are dependent upon fi- nancial 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 pri- ority country. (e) Trade information In support of the work of the Working Group, the Secretary shall, as part of the regular mar- ket 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 Serv- ice (1) Assignment of environmental technologies specialists The Secretary shall assign a specialist in en- vironmental technologies to the office of the United States and Foreign Commercial Serv- ice 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 Com- mercial Service in any country that is a prom- ising market for United States exports of envi- ronmental technologies, goods, and services. Such specialist may be an employee of the De- partment, an employee of any relevant United States Government department or agency as- signed on a temporary or limited term basis to Page 2170 TITLE 15—COMMERCE AND TRADE § 4728 the Commerce Department, or a representa- tive of the private sector assigned to the De- partment of Commerce. (2) Duties of environmental technologies spe- cialists Each specialist assigned under paragraph (1) shall provide export promotion assistance to United States environmental businesses, in- cluding, 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 bar- riers, standards-setting activities, and fi- nancing issues; (B) providing assessments of assistance by foreign governments that is provided to pro- ducers of environmental technologies, goods, and services in such countries in order to en- hance exports to the country to which the specialist is assigned, the effectiveness of such assistance on the competitiveness of United States products, and whether com- parable United States assistance exists; (C) training Foreign Commercial Service Officers in the country to which the spe- cialist is assigned, other countries in the re- gion, and United States and Foreign Com- mercial Service offices in the United States, in environmental technologies and the inter- national environmental market; (D) providing assistance in identifying po- tential customers and market opportunities in the country to which the specialist is as- signed; (E) providing assistance in obtaining nec- essary business services in the country to which the specialist is assigned; (F) providing information on environ- mental standards and regulations in the country to which the specialist is assigned; (G) providing information on all United States Government programs that could as- sist 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 re- lated requirements, with those of other ex- porting countries, in order to promote ex- ports of United States-made products. (g) Environmental training in one-stop shops In addition to the training provided under sub- section (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 num- bers of environmental businesses, in environmental technologies and in the inter- national environmental marketplace, and en- sure that such officers receive appropriate train- ing under such mechanism. Such training may be provided by officers or employees of the De- partment of Commerce, and other United States Government departments and agencies, with ap- propriate expertise in environmental tech- nologies and the international environmental workplace, and by appropriate representatives of the private sector. (h) International regional environmental initia- tives (1) Establishment of initiatives The TPCC may establish one or more inter- national 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 partner- ships 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 envi- ronmental 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 for- eign 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 regu- latory regimes and enforcement mecha- nisms; (B) identify and disseminate to United States environmental businesses informa- tion regarding specific environmental busi- ness opportunities in that geographic region; (C) coordinate existing Federal efforts to promote environmental exports to that geo- graphic region, and ensure that such efforts are fully coordinated with environmental ex- port 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 ge- ographic region, such as trade missions, re- verse trade missions, trade fairs, and pro- grams 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 pro- gram The Working Group shall— (1) maintain a calendar, updated at the end of each calendar quarter, of significant oppor- tunities for United States environmental busi- nesses in foreign markets and trade promotion events, which shall— Page 2171 TITLE 15—COMMERCE AND TRADE § 4729 (A) be made available to the public; (B) identify the 50 to 100 environmental in- frastructure and procurement projects in foreign markets that have the greatest po- tential in the calendar quarter for United States exports of environmental tech- nologies, goods, and services; and (C) include trade promotion events, such as trade missions and trade fairs, in the en- vironmental sector; and (2) provide, through the National Trade Data Bank and other information dissemination channels, information on opportunities for en- vironmental businesses in foreign markets and information on Federal export promotion pro- grams. (j) Environmental technology export alliances Subject to the availability of appropriations for such purpose, the Secretary is authorized to use the Market Development Cooperator Pro- gram 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 ‘‘envi- ronmental business’’ means a business that pro- duces 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.) Editorial Notes REFERENCES IN 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 else- where in that section. AMENDMENTS 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 sub- secs. (f) to (k). Statutory Notes and Related Subsidiaries REPORT ON INSURANCE FEASIBILITY 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 con- sultation with appropriate departments and agencies of the United States Government, submit a report to Con- gress that analyzes (1) the extent to which Federal in- vestment insurance and export financing programs suf- ficiently protect against business failures or default on obligations arising from changes by a foreign govern- ment 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. § 4728a. State and Federal Export Promotion Co- ordination Working Group (a) Statement of policy It is the policy of the United States to pro- mote exports as an opportunity for small busi- nesses. In exercising their powers and functions in order to advance that policy, all Federal agencies shall work constructively with State and local agencies engaged in export promotion and export financing activities. (b) Establishment The President shall establish a State and Fed- eral Export Promotion Coordination Working Group (in this section referred to as the ‘‘Work- ing Group’’) as a subcommittee of the Trade Promotion Coordination Committee (in this sec- tion referred to as the ‘‘TPCC’’). (c) Purposes The purposes of the Working Group are— (1) to identify issues related to the coordina- tion of Federal resources relating to export promotion and export financing with such re- sources provided by State and local govern- ments; (2) to identify ways to improve coordination with respect to export promotion and export financing activities through the strategic plan developed under section 4727(c) of this title; (3) to develop a strategy for improving co- ordination of Federal and State resources re- lating to export promotion and export financ- ing, including methods to eliminate duplica- tion of effort and overlapping functions; and (4) to develop a strategic plan for consid- ering and implementing the suggestions of the Working Group as part of the strategic plan developed under section 4727(c) of this title. (d) Membership The Secretary of Commerce shall select the members of the Working Group, who shall in- clude— (1) representatives from State trade agencies representing regionally diverse areas; and (2) representatives of the departments and agencies that are represented on the TPCC, who are designated by the heads of their re- spective departments or agencies to advise the head on ways of promoting the exportation of United States goods and services. (Pub. L. 100–418, title II, § 2313A, as added Pub. L. 114–125, title V, § 504(a), Feb. 24, 2016, 130 Stat. 177.) Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (b) of this sec- tion assigned to Secretary of Commerce, see Ex. Ord. No. 13733, § 1(a), July 22, 2016, 81 F.R. 49515, set out as a note under section 4421 of Title 19, Customs Duties. § 4729. Report on export policy (a) In general Not later than May 31 of each year, the Sec- retary of Commerce shall submit to the Con- gress a report on the international economic po- sition of the United States and, not later than