
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC4728]

 
                      TITLE 15--COMMERCE AND TRADE
 
                     CHAPTER 73--EXPORT ENHANCEMENT
 
                    SUBCHAPTER III--EXPORT PROMOTION
 
Sec. 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
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    \1\ See References in Text note below.
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            (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) of this section, 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) of 
this section, 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, Sec. 2313, as added Pub. L. 102-429, title 
II, Sec. 204(a), Oct. 21, 1992, 106 Stat. 2202; amended Pub. L. 103-392, 
title IV, Sec. 402, Oct. 22, 1994, 108 Stat. 4099.)

                       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 elsewhere in that section.


                               Amendments

    1994--Subsecs. (c) to (e). Pub. L. 103-392, Sec. 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, Sec. 402(b), added subsecs. 
(f) to (k).


                     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 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.
