I 112th CONGRESS 1st Session H. R. 2988 IN THE HOUSE OF REPRESENTATIVES September 21, 2011 Mr. Berman introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Export Enhancement Act of 1988 to enhance awareness of export promotion activities with respect to clean energy and environmental products and services of the United States, and for other purposes.
1.
Short title
This Act may be cited as the Green Export Promotion and Job Creation Act.
2.
Amendment to Export Enhancement Act of 1988
(a)
In general
Subtitle C of the Export Enhancement Act of 1988 (15 U.S.C. 4721), relating to export promotion, is amended by adding at the end the following new section:
2315.
Promotion of exports of clean and efficient energy and environmental products and services
(a)
Public directory for foreign buyers
(1)
Establishment
The Secretary of Commerce, acting through the Under Secretary for International Trade, shall, in cooperation with the relevant Federal departments and agencies, establish a directory accessible through a public Web site for foreign buyers to identify United States manufacturers and service providers that are prepared to export products and services in the following areas: (A)Clean and efficient energy generation, distribution, and use. (B)Remediation of air and water pollution. (C)Water supply. (D)Sanitation. (E)Solid waste disposal. (F)Chemical and hazardous waste treatment and containment. (G)Equipment and services for testing, monitoring, and analysis with respect to any area described in any of subparagraphs (A) through (F), or otherwise with respect to environmental hazards. (2)
Requirements
The directory established under paragraph (1) shall— (A)include a mechanism for United States businesses to register for inclusion in the directory, and for the United States Government to ascertain the location in the United States and the legitimacy of such businesses; (B)include a summary of the products and services provided by each registered United States business; (C)provide contact information for each United States business in the database; (D)be searchable by industry, business name, product, or service, or by a combination of keywords; and (E)be updated regularly. (3)
Submission of implementation plan to Congress
Not later than 180 days after the date of the enactment of this section, the Secretary of Commerce shall submit to the appropriate congressional committees a detailed plan for establishing and maintaining the directory required by paragraph (1), including plans for the operation, content, maintenance, and functionality of the directory. The plan submitted under this paragraph shall include a detailed implementation schedule for the directory, and plans for a public awareness campaign to be conducted by the Secretary to provide consumer awareness of the directory. (4)
Date of initial availability
Not later than 18 months after the date on which the Secretary submits the plan required by paragraph (3), the Secretary of Commerce shall establish the directory required by paragraph (1). (5)
Government promotion
The Secretary of Commerce should promote awareness and use of the directory established under this subsection in the United States and Foreign Commercial Service and in United States missions and posts abroad. (b)
Governmental database on foreign sales opportunities
(1)
Establishment
The Secretary of Commerce shall, in cooperation with the relevant Federal departments and agencies, establish a database accessible only to United States Government personnel, that identifies potential sales opportunities abroad for United States manufacturers and service providers that are prepared to export products and services in the areas described in subsection (a)(1). (2)
Requirements
The database established under paragraph (1) shall— (A)include a mechanism for United States businesses to subscribe to the database; (B)establish a mechanism for United States Government personnel to enter information regarding foreign business opportunities described in paragraph (1) into the database; (C)provide a summary of the products or services desired by each foreign buyer; (D)provide information that will allow a subscriber to the system to contact the foreign buyer or the person who entered the information into the database; (E)be searchable by location, industry, company name, product, or service, or by a combination of keywords; (F)be able to transmit regular updates on potential sales opportunities to database subscribers, including the ability for subscribers of the system to be able to customize the type of information they receive; and (G)be updated regularly. (c)
Monitoring and evaluation of United States export promotion with respect to clean and efficient energy and environmental products and services
(1)
In general
The Secretary of Commerce shall develop and implement a rigorous system to evaluate the effectiveness and efficiency of United States export promotion activities with respect to clean and efficient energy and environmental products and services. (2)
Components of system
In order to avoid duplication, ensure comprehensive coverage, promote high and uniform standards, and facilitate comparability of results and the development of a strong body of evidence, the system required under paragraph (1) shall include— (A)a method of coordinating monitoring and evaluation activities among all Federal agencies carrying out United States export promotion activities with respect to clean and efficient energy and environmental products and services; (B)a survey of business customers that receive export promotion services from the United States Government; (C)small- and medium-sized businesses that receive export promotion services from the United States Government and, of such businesses, those that export products and services for the first time; and (D)a process for consulting with the private sector and subject matter experts, as appropriate, on the planning, design, and implementation of evaluation activities and dissemination of evaluation findings under this subsection. (3)
Required actions
In carrying out paragraph (1), the Secretary of Commerce shall establish, through the Trade Promotion Coordinating Committee, standards for the following actions with respect to the export promotion activities with respect to clean and efficient energy and environmental products and services that are engaged in by any Federal agency: (A)Establishing measurable and meaningful performance objectives, including— (i)exports by small- and medium-sized businesses; (ii)businesses that become first-time exporters; (iii)newly accessed markets; and (iv)number of new registrants to receive export promotion services. (B)Establishing criteria for the selection of programs, projects, and activities to be subject to various evaluation methodologies, with a particular emphasis on impact evaluation. (C)Establishing or designating an organizational unit at the Department of Commerce with adequate staff and resources to oversee and provide technical support for appropriate evaluation activities. (D)Through the Trade Promotion Coordinating Committee, developing a plan for improving the capacity of the agency to conduct rigorous and objective program monitoring and evaluation, including by— (i)expanding relevant education and training opportunities; (ii)encouraging the adoption of improved methodologies for data collection and analysis; and (iii)ensuring that best practices are shared within and between agencies. (E)Establishes a process for applying the findings and results of monitoring and evaluation activities, including impact evaluation research, into future program planning, budgeting, design, and implementation. (F)Establishes a policy for the publication of program evaluations. (G)Develops, in consultation with relevant stakeholders, as appropriate, an annual evaluation plan that describes how the agency will meet the requirements of this section. (4)
Submission of evaluation plans
The President shall ensure that the evaluation plans required by paragraph (3)(G) are submitted to the appropriate congressional committees each year along with the annual budget submitted under section 1105 of title 31, United States Code, and are published on a Government Web site. (d)
Cooperation with the international renewable energy agency
The Secretary of Commerce, in consultation with the Secretary of State, shall work with the International Renewable Energy Agency (IRENA) to identify countries that have received or are in the process of receiving assistance from IRENA that improve the deployment and adoption of renewable energy in such country in order to promote United States exports in clean and efficient energy and environmental products and services to that country. (e)
Report to congress
Not later than one year after the date of the enactment of this section and annually thereafter, the Secretary of Commerce shall transmit a report to Congress on the implementation of this section. Such report shall include— (1)a description of the activities undertaken during the preceding year; (2)the results of the monitoring and evaluation programs under subsection (c) during the preceding year; and (3)the operations of the public directory established under subsection (a) and the governmental database established under subsection (b) during the preceding year. (f)
GAO report on effectiveness of U.S. export promotion
(1)
Initial Report
Not later than one year after the date of the enactment of this section, the Comptroller General shall submit a report to the appropriate congressional committees containing— (A)a baseline analysis that compares the scope of effectiveness of United States export promotion activities with respect to clean and efficient energy and environmental products and services with those of other major trade competitors; and (B)recommendations on how United States export promotion activities described in subparagraph (A) can be strengthened to counteract foreign government competition. (2)
Subsequent report
Not later than two years after the date of the enactment of this section, the Comptroller General shall submit a report to the appropriate congressional committees containing— (A)an assessment of the overall effectiveness of United States export promotion activities with respect to clean and efficient energy and environmental products and services and a comparison to the baseline analysis conducted in paragraph (1); (B)an assessment of the ability of the Trade Promotion Coordinating Committee to coordinate United States export promotion activities described in subparagraph (A); (C)an evaluation of the effectiveness of the monitoring and evaluation system established under subsection (c); and (D)recommendations for improving the coordination and implementation of United States export promotion activities described in subparagraph (A). (g)
Definitions
In this section— (1)the term appropriate congressional committees means the Committee on Foreign Affairs in the House of Representatives and the Committee on Banking, Housing, and Urban Affairs in the Senate; and (2)the term product includes technology.
. (b)
Conforming amendment
The table of contents of the Omnibus Trade and Competitiveness Act of 1988 is amended by inserting after the item relating to section 2314 the following new item: Sec. 2315. Promotion of exports of clean and efficient energy and environmental products and services. .