[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 979 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 979
To require the Administrator of the Environmental Protection Agency to
establish an environmental export program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18 (legislative day, April 19), 1993
Mr. Lautenberg introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
establish an environmental export program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Greentech Jobs
Initiative Act of 1993''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy; purposes.
TITLE I--EXPORT PROGRAMS OF THE ENVIRONMENTAL PROTECTION AGENCY
Sec. 101. Definitions.
Sec. 102. Environmental protection agency global greentech initiative.
Sec. 103. Environmental technology information.
Sec. 104. International environmental technology financing program.
Sec. 105. Environmental export technology training.
Sec. 106. Authorization of appropriations.
TITLE II--AMENDMENTS TO THE EXPORT ENHANCEMENT ACT OF 1988
Sec. 201. Advisory committee.
Sec. 202. Study of export promotion practices.
Sec. 203. Environmental export information center and outreach program.
SEC. 2. FINDINGS; POLICY; PURPOSES.
(a) Findings.--Congress finds that--
(1) the estimated dollar amount of the world market for
environmental technologies, goods, and services is expected to
grow at a rate of 5 percent per year, and the amount is
expected to reach $300,000,000,000 by the year 2000;
(2) the Administrator of the Environmental Protection
Agency has the expertise to play an active role in the export
assistance activities of the Federal Government relating to--
(A) the demonstration of innovative and proven
solutions to environmental problems in foreign
countries; and
(B) the development and dispersal of innovative and
proven environmental technologies.
(b) Policy.--It is the policy of the Federal Government to--
(1) foster the export of proven, cost-effective
environmental technologies, goods, and services to assist in
achieving the environmental objectives of the Federal
Government;
(2) promote international economic and social development
on a sustainable basis;
(3) improve the competitiveness of the United States in
international trade;
(4) reduce the balance of trade deficit of the United
States through the export of environmental technologies and
technological expertise;
(5) retain and create manufacturing and related service
jobs in the United States;
(6) develop markets for environmental technologies to be
used in meeting the environmental needs of foreign countries;
and
(7) provide financial assistance to foster increased
participation by business concerns of the United States in the
financing, ownership, design, construction, or operation of
environmental technology projects in foreign countries.
(c) Purposes.--It is the purpose of this Act to--
(1) develop information on environmental technology
testing, demonstration, and evaluation;
(2) create financial mechanisms to assist domestic business
concerns in establishing and operating technology projects in
foreign countries;
(3) provide environmental training for export assistance
officers; and
(4) establish a central repository for information on
environmental exports.
TITLE I--EXPORT PROGRAMS OF THE ENVIRONMENTAL PROTECTION AGENCY
SEC. 101. DEFINITIONS.
As used in this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Business concern.--The term ``business concern'' means
a private firm, corporation, or other entity that the
Administrator determines to be appropriate.
(3) Developing country.--The term ``developing country''
means a country eligible for foreign assistance from the United
States, and includes the countries of--
(A) Central and Eastern Europe; and
(B) the independent states of the former Soviet
Union.
(4) Domestic business concern.--The term ``domestic
business concern'' means a business concern whose principal
place of business is the United States.
(5) Environmental export activity.--The term
``environmental export activity'' means an activity associated
with the export of environmental technology.
(6) Environmental technology.--The term ``environmental
technology'' means a technology, good, or service that reduces
environmental risks by--
(A) fulfilling a function other than protection of
the environment with less impact on the environment
than other technologies, goods, and services; and
(B) protecting or enhancing the environment through
pollution control or environmental remediation.
(7) Foreign business concern.--The term ``foreign business
concern'' means a business concern whose principal place of
business is a foreign country.
(8) Host country.--The term ``host country'' means a
foreign country that--
(A) is the participant in, or the site of, a
proposed innovative environmental technology project
under section 104; and
(B) is either--
(i) classified as a country eligible to
participate in development assistance programs
of the Agency for International Development
pursuant to applicable laws (including
regulations); or
(ii) a developing country.
(9) Innovative environmental technology.--The term
``innovative environmental technology'' means a new technology
(or a related good or service) that--
(A) would effect a significant and cost-effective
reduction in an environmental risk (as determined by
the Administrator);
(B) represents a significant technological advance
(or in the case of a related good or service, is
associated with a technology that represents a
significant technological advance); and
(C) would result in a high degree of social benefit
from private investment.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 102. ENVIRONMENTAL PROTECTION AGENCY GREENTECH JOBS INITIATIVE.
(a) In General.--The Administrator shall establish and carry out a
program to be known as the ``Greentech Jobs Initiative''.
(b) Duties of the Administrator.--In carrying out the Greentech
Jobs Initiative, the Administrator shall--
(1) establish a program to develop environmental technology
information pursuant to section 103;
(2) establish an International Environmental Technology
Financing Program pursuant to section 104;
(3) provide for environmental training pursuant to section
105;
(4) participate in the establishment and operation of the
Environmental Export Information Center and Outreach Program
pursuant to section 2313(g) of the Export Enhancement Act of
1988 (as added by section 203);
(5) ensure the participation by a representative of the
Environmental Protection Agency on the Environmental Trade
Working Group of the Trade Promotion Coordination Committee, as
required under section 2313(b) of the Export Enhancement Act of
1988 (15 U.S.C. 4728(b));
(6) ensure the coordination of the environmental export
promotion activities of the Environmental Protection Agency
with the export promotion activities of the Department of
Commerce and other Federal agencies; and
(7) cooperate with the Secretary--
(A) to facilitate contacts between persons and
entities that possess environmental technologies and
expertise and persons and entities that need the
environmental technologies and expertise;
(B) to participate in environmental trade missions
and trade fairs;
(C) to provide technical assistance to State export
promotion offices, including information sharing and
training; and
(D) to promote the level of awareness of
environmental problems of officials of financial
institutions of the Federal Government.
SEC. 103. ENVIRONMENTAL TECHNOLOGY INFORMATION.
(a) In General.--The Administrator shall establish a program to
foster the development and international dissemination of credible data
and information concerning the performance, costs, potential
applications, and environmental applications of competitive
technologies of the United States (referred to in this section as the
``program'').
(b) Coordination of Efforts.--The Administrator shall coordinate
the activities of the program with the activities of--
(1) the Environmental Trade Promotion Working Group of the
Trade Promotion Coordination Committee established under
section 2313(b) of the Export Enhancement Act of 1988 (15
U.S.C. 4728(b));
(2) national laboratories;
(3) appropriate officials of institutions of higher
education; and
(4) representatives of nongovernmental groups and
organizations.
(c) Duties of the Administrator.--
(1) Testing.--In carrying out the program, the
Administrator shall conduct a program of field and laboratory
testing of new and innovative environmental technologies. Under
the testing program, the Administrator shall designate
categories of innovative environmental technologies to receive
priority for testing. The Administrator shall designate the
categories on the basis of international needs for
environmental technologies.
(2) Protocols for product testing; dissemination of
information.--In carrying out the program, the Administrator
shall--
(A) develop testing protocols and a peer review
process to obtain technology performance data; and
(B) disseminate the information obtained pursuant
to subparagraph (A) to the appropriate officials of
Federal agencies, departments and agencies of States,
institutions of higher education, and industrial
testing organizations.
(3) Demonstrations; evaluations.--
(A) In general.--In carrying out the program, the
Administrator shall establish a demonstration program
to conduct projects to demonstrate environmental
technologies and evaluate the technologies by applying
the testing protocols developed pursuant to paragraph
(2).
(B) Demonstration team.--To carry out a
demonstration project referred to in subparagraph (A),
the Administrator shall establish a team of individuals
with recognized expertise in fields related to
environmental technologies who represent professional
societies, institutions of higher education, Federal
agencies and departments and agencies of States. The
Administrator shall, by regulation, provide for the
administration of, and compensation for, members of
each team.
(C) Demonstration.--With respect to the
demonstration projects referred to in subparagraph (A),
the Administrator shall--
(i) solicit applications from persons and
entities for the demonstration and testing of
an environmental technology;
(ii) approve each application that meets
requirements that the Administrator shall
establish by regulation;
(iii) conduct a demonstration project for
each applicant that--
(I) submits an application approved
by the Administrator; and
(II) enters into an agreement with
the Administrator to accept such terms
for the demonstration project as the
Administrator determines to be
appropriate; and
(iv) establish a schedule of fees that
shall--
(I) as a condition to carrying out
the demonstration, be assessed by the
Administrator to cover, in whole or in
part, the cost of the demonstration and
testing of an environmental technology
under this paragraph; and
(II) allow for adjustments by the
Administrator to take into account the
ability of an applicant to pay a fee
under the schedule.
(4) Environmental technology profiles.--In carrying out the
program, the Administrator shall publish monographs of
technological approaches to address specific environmental
problems. Each monograph published under this paragraph shall
identify each available environmental technology and emerging
environmental technology that could address the environmental
problem that is the subject of the monograph, and describe,
with respect to the environmental technology, the--
(A) performance costs;
(B) benefits;
(C) limitations; and
(D) design criteria.
(5) Research and development.--In carrying out the program,
the Administrator shall establish a research and development
program. If the Administrator determines that a cost-effective
technology is needed to meet environmental goals in 1 or more
foreign countries, the Administrator shall, to the extent
practicable, conduct a research and development project under
the program to meet the identified need.
SEC. 104. INTERNATIONAL ENVIRONMENTAL TECHNOLOGY FINANCING PROGRAM.
(a) Establishment of Program.--
(1) In general.--The Administrator, in cooperation with the
Administrator of the Agency for International Development, and
in consultation with the other members of the Environmental
Trade Promotion Working Group (in this section referred to as
the ``interagency working group'') established under section
2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728),
shall establish an environmental technology financing program
to carry out the purposes described in subsection (b).
(2) Written agreement.--Not later than 150 days after the
date of the enactment of this Act, the Administrator and the
Administrator of the Agency for International Development shall
enter into a written agreement to carry out this section.
(3) Agreements relating to certain foreign countries.--With
respect to any foreign country that does not receive assistance
from the Agency for International Development, the
Administrator may, if appropriate, enter into an agreement with
the head of another Federal agency to provide the assistance
that would otherwise be provided pursuant to paragraph (2).
(b) Identification.--
(1) In general.--Pursuant to the agreements required by
subsection (a), the Administrator, in consultation with the
Administrator of the Agency for International Development, each
head of a Federal agency who is a signatory to an agreement
under subsection (a)(3), the Environmental Trade Promotion
Working Group, representatives from domestic business concerns,
and representatives from foreign countries, shall develop
mechanisms to identify projects in host countries that could
benefit from environmental technologies.
(2) List of projects.--Not later than 240 days after the
date of enactment of this Act, and periodically thereafter (as
determined by the Administrator), the Administrator shall
prepare a list of the projects identified pursuant to paragraph
(1).
(c) Financial Mechanisms.--
(1) In general.--Pursuant to the agreement under subsection
(a), the Administrator, acting through the Administrator of the
Agency for International Development (or the head of a Federal
agency who is a signatory to an agreement under subsection
(a)(3)), shall--
(A) establish appropriate financial mechanisms to
increase the participation of domestic business
concerns with respect to supplying environmental
technologies in developing countries; and
(B) use financial assistance authorized under this
section to counterbalance assistance provided by
foreign governments.
(2) Financial assistance.--The financial assistance
authorized under this section may be--
(A) provided in combination with other forms of
financial assistance, including funding from sources
from foreign countries and other non-Federal sources
that is available to fund a project; and
(B) used to assist domestic business concerns in
the development of financing packages for environmental
technology projects that use other Federal financial
assistance programs.
(3) Applicability of obligations of the united states.--The
obligations of the United States under the Arrangement on
Guidelines for Officially Supported Export Credits established
through the Organization for Economic Cooperation and
Development shall apply under this section.
(d) Solicitations for Project Proposals.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and as appropriate thereafter (as
determined by the Administrator), the Administrator, in
cooperation with the Administrator of the Agency for
International Development and each head of a Federal agency who
enters into an agreement under subsection (a), shall solicit
proposals from domestic business concerns of the United States
for environmental projects in host countries.
(2) Contents of projects.--A project referred to in
paragraph (1) shall be designed to provide assistance in a host
country in carrying out a project identified and listed
pursuant to subsection (c). The assistance may include
engineering design, demonstration, transportation, personnel
training, testing, and financing, except that no assistance may
be provided or used under this Act for the purchase or
construction of capital equipment or for the routine operations
of a business concern.
(3) Requirements for projects.--Each solicitation made by
the Administrator under this subsection shall include
notification of the following requirements relating to projects
conducted under this subsection:
(A) Each domestic business concern that submits a
proposal in response to a solicitation under this
subsection shall have an equity interest (as defined
and determined by the Administrator) in the project
that is the subject of the proposal.
(B) Each project that is approved by the
Administrator shall use a technology developed by a
domestic business concern to meet any applicable
environmental requirements of the host country.
(C) Each project proposal shall be submitted by,
and carried out by, a domestic business concern, except
that the Administrator may approve a project to be
conducted pursuant to a joint venture or other
arrangement that teams a domestic business concern with
a foreign business concern.
(e) Certain Financial Assistance to Domestic Business Concerns.--
Pursuant to the agreements under subsection (a), the Administrator, in
cooperation with the Administrator of the Agency for International
Development and each head of a Federal agency who enters into an
agreement under subsection (a), and in consultation with the
interagency working group, shall establish a procedure to provide
financial assistance to a domestic business concern for a project
identified under subsection (c) in any case in which a solicitation for
the project is conducted by a host country or a multilateral lending
institution.
(f) Other Program Requirements.--Pursuant to the agreements under
subsection (a), the Secretary, in cooperation with the Administrator of
the Agency for International Development and each head of a Federal
agency who enters into an agreement under subsection (a), and in
consultation with the interagency working group, shall--
(1) establish eligibility criteria for host countries;
(2) periodically review the environmental needs of host
countries and export opportunities for domestic business
concerns for the development of projects in host countries;
(3) consult with appropriate officials of the governments
of host countries to determine the level of interest in, and
support for, potential projects under this section; and
(4) determine whether each project selected under this
section is developmentally sound, as determined under the
criteria developed by the Development Assistance Committee of
the Organization for Economic Cooperation and Development.
(g) Selection of Projects.--
(1) In general.--Pursuant to the agreements under
subsection (a), the Administrator, in cooperation with the
Administrator of the Agency for International Development and
each head of a Federal agency who enters into an agreement
under subsection (a), shall, not later than 120 days after a
deadline for receipt of proposals in response to a solicitation
under subsection (e) that the Administrator shall establish,
select 1 or more project proposals for approval.
(2) Selection.--In selecting a project proposal for
approval, the Administrator, in cooperation with the
Administrator of the Agency for International Development or
the appropriate head of a Federal agency referred to in
paragraph (1), shall consider--
(A) the ability of the domestic business concern,
in cooperation with the host country, to undertake and
complete the project;
(B) the degree to which the equipment to be
included in the project is designed and manufactured in
the United States;
(C) the long-term technical and competitive
viability of the environmental technology that is the
subject of the project proposal (including any related
services);
(D) the ability of the domestic business concern to
compete in the development of additional environmental
projects using the environmental technology referred to
in subparagraph (C) in the host country and in other
foreign countries;
(E) the extent of technical and financial
involvement of the host country in the project;
(F) the extent of technical, financial, management,
and marketing capabilities of the participants in the
project, and the commitment of the participants to
completion of a successful project in a manner that
will facilitate acceptance of the technology of the
United States for future application;
(G) the extent to which the environmental
technology effectively addresses the environmental
needs of the host country; and
(H) such other criteria as the Administrator, in
consultation with the Administrator of the Agency for
International Development and each head of a Federal
agency who enters into an agreement under subsection
(a), considers appropriate.
(h) United States-Asia Environmental Partnership.--The
Administrator shall coordinate the activities carried out under this
section with the United States-Asia Environmental Partnership.
(i) Buy America.--
(1) In general.--Pursuant to the agreements under
subsection (a), in carrying out this section, the
Administrator, in consultation with the Administrator of the
Agency for International Development and each head of a Federal
agency who enters into an agreement under subsection (a), shall
ensure--
(A) that a maximum percentage, but in no case less
than 50 percent, of the cost of any equipment furnished
in connection with a project authorized under this
section shall be attributable to components
manufactured in the United States; and
(B) the maximum participation of domestic business
concerns.
(2) Determination of cost.--In determining whether the cost
of the components referred to in paragraph (1) equals or
exceeds the percentage specified in paragraph (2), the
Administrator may not consider the cost of assembly of the
components in the host country as part of the cost of the
component.
(j) Reports to Congress.--The Administrator, in cooperation with
the Administrator of the Agency for International Development and each
head of a Federal agency who enters into an agreement under subsection
(a) shall, not later than 1 year after the date of enactment of this
Act, and annually thereafter, submit a report to Congress concerning
the progress made with respect to introducing environmental
technologies into foreign countries.
SEC. 105. ENVIRONMENTAL EXPORT TECHNOLOGY TRAINING.
(a) Training of Environmental Export Assistance Officers.--The
Administrator, in consultation with the Secretary of Commerce, shall
establish a program to provide training to each Environmental Export
Assistance Officer designated by the Secretary pursuant to section
2313(d) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(d)).
(b) Training of Individuals of Developing Countries.--The
Administrator, in cooperation with the Administrator of the Agency for
International Development, shall establish a program to provide
training to individuals of developing countries concerning the
operation and maintenance of environmental technologies. Not later than
1 year after the date of enactment of this Act, the Administrator shall
enter into a written agreement with the Administrator of the Agency for
International Development to carry out the program.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Environmental
Protection Agency such sums as may be necessary to carry out this
title.
TITLE II--AMENDMENTS TO THE EXPORT ENHANCEMENT ACT OF 1988
SEC. 201. ADVISORY COMMITTEE.
Section 2313 of the Export Enhancement Act (15 U.S.C. 4728) is
amended by adding at the end the following new subsection:
``(e) Advisory Committee.--
``(1) In general.--The Secretary shall establish an
advisory committee to advise the Working Group concerning
increasing the number of exports of environmental technologies,
goods, and services.
``(2) Members.--The advisory committee shall be composed of
11 members, including representatives of industrial groups,
institutions of higher education, professional organizations,
individuals with recognized expertise in fields related to
trade, and environmental groups.
``(3) Chairperson.--The Secretary shall appoint a
Chairperson from among the members of the advisory committee.
``(4) Compensation of members.--
``(A) In general.--Each member of the advisory
committee who is not an officer or employee of the
Federal Government may be compensated at a rate
determined by the Secretary, but not to exceed the
daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the performance of the duties of the
advisory committee. All members of the advisory
committee who are officers or employees of the United
States shall serve without compensation in addition to
that received for their services as officers or
employees of the United States.
``(B) Travel expenses.--The members of the advisory
committee shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from
their homes or regular places of business in the
performance of services of the advisory committee.
``(5) Staff.--
``(A) In general.--The Secretary shall provide to
the advisory committee such staff as the Secretary, in
consultation with the Chairperson, determines to be
necessary for the advisory commission to carry out the
functions specified in this subsection.
``(B) Detail.--The head of any Federal agency may,
with or without reimbursement, detail to the advisory
committee an employee of the Federal agency to assist
in carrying out necessary functions of the advisory
committee.''.
SEC. 202. STUDY OF EXPORT PROMOTION PRACTICES.
Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C.
4728), as amended by section 201, is further amended by adding at the
end the following new subsection:
``(f) Study.--
``(1) In general.--The Working Group shall conduct a study
of subsidies, incentives, and policies used by foreign
countries to promote exports of the environmental technologies,
goods, and services of the foreign countries. In conducting the
study, the Working Group shall identify any foreign trade
barrier that restricts the import of environmental technologies
goods, or services manufactured, produced in, or otherwise
originating from, the United States.
``(2) Report.--Not later than 18 months after the date of
enactment of this subsection, the Working Group shall submit a
report on the findings of the study described in paragraph (1)
to Congress.''.
SEC. 203. ENVIRONMENTAL EXPORT INFORMATION CENTER AND OUTREACH PROGRAM.
Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C.
4728), as amended by section 202, is further amended by adding at the
end the following new subsection:
``(g) Environmental Export Information Center and Outreach
Program.--
``(1) In general.--The President shall establish an
environmental export information center (referred to in this
subsection as the `Center').
`(2) Functions of center.--
``(A) In general.--The Center shall serve as a
centralized repository for information concerning the
export of environmental technologies, goods, and
services to foreign countries, including information
concerning--
``(i) potential sources of financial and
technical assistance;
``(ii) the environmental needs of foreign
countries;
``(iii) opportunities for the export of
environmental technologies, goods, and services
to foreign countries;
``(iv) the names of business contacts in
foreign countries that could facilitate the
exports; and
``(v) environmental and trade laws and
regulations of foreign countries.
``(B) Dissemination of information.--An appropriate
official of the Center shall provide the information
referred to in subparagraph (A) to any person or entity
that requests the information.
``(C) Outreach.--The Center shall conduct a
comprehensive program to identify domestic business
concerns that might export environmental technologies
and to provide information to these domestic business
concerns about the programs and services of the
Center.''.
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S 979 IS----2