Business

USDOT Announces More Than $660 Million Available Through the Port Infrastructure Development Program

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WASHINGTON – The U.S. Department of Transportation’s Maritime Administration (MARAD) has announced a Notice of Funding Opportunity (NOFO) making available more than $662 million in Federal Fiscal Year (FY) 2023 funding for MARAD’s Port Infrastructure Development Program (PIDP).

The PIDP investment will modernize nation’s ports and help strengthen supply chains for generations to come, helping to reduce shipping time, costs, and ultimately the costs of goods for the American people. The President’s infrastructure package provides $450 million annually in funding for the Program.

“America’s ports play a central role in our supply chains,” said U.S. Transportation Secretary Pete Buttigieg. “With today’s announcement, we are helping make our ports safer, more efficient, and more reliable—strengthening supply chains, reducing costs for the American people, and positioning us for economic success.”

MARAD’s Port Infrastructure Development Program discretionary grants help eligible applicants including port authorities, states, local governments, indigenous Tribal nations, counties, and other eligible entities complete critical port and port-related infrastructure projects. Grants are awarded on a competitive basis to support projects that improve the safety, efficiency, or reliability of the movement of goods through ports and intermodal connections to ports. MARAD will also consider how projects address climate change and sustainability, equity, and workforce development objectives.

“This funding will support efforts by ports and industry stakeholders to improve port and related freight infrastructure to meet the Nation’s freight transportation needs and ensure our port infrastructure can support future growth,” said Maritime Administrator Ann Phillips. “The program also includes a statutory set-aside for small ports to continue to improve and expand their capacity to move freight reliably and efficiently, support local and regional economies, and support supply chain improvement.”

Recent projects funded include installation of fast charging stations and other port electrification components and the development of a scalable plan for transitioning the port and local maritime industry to zero-emission technologies in Jacksonville, Florida; the creation of an intermodal rail yard near an existing port terminal in Kaskaskia, Illinois; and the modernization of electric and stormwater infrastructure and warehouse capacity for the Cleveland-Cuyahoga County Port Authority in Cleveland, Ohio.

In the coming weeks, the Federal Highway Administration will open FY 2022-2023 grant applications for the Reduction of Truck Emissions at Port Facilities program, which will make $160 million available to test, evaluate, and deploy projects that reduce port-related emissions from idling trucks, including through the advancement of port electrification and improvements in efficiency.

MARAD will host a series of webinars that describe PIDP NOFO requirements and the PIDP application process. These webinars are an excellent resource for prospective PIDP applicants. The webinars will be announced in the near future on the PIDP webpage. Recordings of the webinars will be posted on the website for those that cannot participate in the live webinars.

USTR Releases 2022 Review of Notorious Markets for Counterfeiting and Piracy

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WASHINGTON – The Office of the United States Trade Representative (USTR) today released the findings of its 2022 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List). The Notorious Markets List highlights online and physical markets that reportedly engage in or facilitate substantial trademark counterfeiting or copyright piracy.

“The widespread trade in counterfeit and pirated goods harms the economic security of American workers and undermines our work to craft equitable and inclusive trade policy,” said Ambassador Katherine Tai. “The Notorious Markets List is an important tool that urges the private sector and our trading partners to take action against these harmful practices.”

Reflecting the Biden-Harris Administration’s worker-centered trade policy, the 2022 Notorious Markets List’s issue focus section examines the impact of online piracy on U.S. workers. The section describes how online piracy can impact the wages, residuals, pensions, and health care benefits that workers in the creative industries depend on and how combatting online piracy requires coordination between relevant actors in order to effectively address the rapidly shifting delivery methods of infringing content.

The 2022 Notorious Markets List also identifies 39 online markets and 33 physical markets that are reported to engage in or facilitate substantial trademark counterfeiting or copyright piracy. This includes continuing to identify the WeChat e-commerce ecosystem as one of the largest platforms for counterfeit goods in China. Other listed markets in China include online markets Aliexpress, Baidu Wangpan, DHGate, Pinduoduo, and Taobao, as well as seven physical markets located within China that increasingly use brick-and-mortar storefronts to support online sales of counterfeits.

Background

USTR first identified notorious markets in the Special 301 Report in 2006. Since February 2011, USTR has published annually the Notorious Markets List separately from the Special 301 Report, to increase public awareness and help market operators and governments prioritize intellectual property enforcement efforts that protect American businesses and their workers.

The Notorious Markets List does not constitute an exhaustive list of all markets reported to deal in or facilitate commercial-scale copyright piracy or trademark counterfeiting, nor does it reflect findings of legal violations or the U.S. Government’s analysis of the general intellectual property protection and enforcement climate in the country concerned. Such analysis is contained in the annual Special 301 Report issued at the end of April each year.

USTR initiated the 2022 Notorious Markets List Review on August 26, 2022, through publication in the Federal Register of a request for public comments. The request for comments and the public’s responses are online at http://www.regulations.gov, Docket number USTR-2022-0010.

Business Trends and Outlook Survey Data Release

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JAN. 19, 2023 — The U.S. Census Bureau today released data from the Business Trends and Outlook Survey (BTOS), a survey that measures business conditions on an ongoing basis. The BTOS is the successor to the Small Business Pulse Survey (SBPS), a high-frequency survey that measured the effect of changing business conditions during the coronavirus pandemic and other major events like hurricanes on our nation’s small businesses.

The BTOS increases the scope of the SBPS to include large single-location employer businesses (those with 500 or more employees). It provides insight into the state of the economy by providing continuous, timely data for key economic measures every two weeks.

BTOS data are representative of all single-location employer businesses in the U.S. economy, excluding farms. By providing continuous data with geographic and subsector detail, BTOS captures the impact of events like natural disasters and economic crises and assists in monitoring recovery efforts.

The BTOS sample consists of approximately 1.2 million businesses with biweekly data collection. Selected businesses are split into six panels (approximately 200,000 cases per panel) that will be asked to report every 12 weeks for a year. The Census Bureau estimates it takes the average respondent approximately six minutes to complete the survey, including the time for reviewing the instructions and answers.  

Starting October 13, data will be released biweekly and available by sector, state and the 25 most populous metropolitan statistical areas. Survey results give local, state and federal officials essential, real-time data to aid in policy and decision-making. In addition, the information aids businesses in making economic decisions.

USPTO patent fees for small and micro entities reduced

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To support small and micro entities, Congress recently passed and President Biden signed into law on December 29, 2022 the Consolidated Appropriations Act, 2023, which included the Unleashing American Innovators Act of 2022. In addition to supporting the United States Patent and Trademark Office’s (USPTO) expanded outreach and pro bono efforts by requiring the establishment of a Southeast Regional Office and community outreach offices, a study on and expansion of the USPTO’s pro bono work, and establishing a pilot pre-prosecution assessment program for first-time prospective patent applicants, the law increased small entity discounts from 50 percent to 60 percent and micro entity discounts from 75 percent to 80 percent. The USPTO fee schedule has been updated to reflect these changes. 

“Access to the innovation ecosystem by all is critical to inclusive innovation and growing our economy by $1 trillion by quadrupling the number of U.S. inventors,” remarked USPTO Director Kathi Vidal. “This bill complements our work to support small inventors, start-ups and those traditionally underrepresented in the innovation ecosystem. With the lower fees, additional outreach and support, and the expanded ability to obtain pro bono counsel, we are positioned to make meaningful progress in 2023 by measurably lowering the barriers for those entering the innovation ecosystem,” remarked Vidal. For more information on obtaining pro bono counsel, visit to the pro bono page on the USPTO website.

A rule notice will be published soon to update the fee amounts appearing under Title 37 of the Code of Federal Regulations. For patent issue fees, the fee due is the amount appearing on the Notice of Allowance and Fees Due letter (form PTOL-85). For other fees, the applicable fee amount is the fee amount in effect on the day the fee is paid (in full). The day a fee is paid is the date of receipt of the fee payment in the USPTO under 37 CFR § 1.6, or the date reflected on a proper certificate of mailing or transmission on the fee payment, where such a certificate is authorized under 37 CFR § 1.8. 

The Unleashing American Innovators Act of 2022 can be viewed starting on pg. 1060 of the Consolidated Appropriations Act, 2023 at congress.gov.

Secretary Blinken and Secretary Raimondo Co-Host Supply Chain Ministerial

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Secretary of State Antony J. Blinken and Secretary of Commerce Gina Raimondo will co-host a Supply Chain Ministerial Forum July 19-20, 2022, as part of ongoing work with key partner nations on supply chains.  Under Secretary for Economic Growth, Energy, and the Environment Jose W. Fernandez and Under Secretary of Commerce for International Trade Marisa Lago will welcome participants and deliver opening remarks on July 19.

This virtual event will bring together stakeholders from labor, industry, and civil society – including representatives of historically underrepresented communities – to identify solutions to reduce both short-term bottlenecks and longer-term supply chain challenges.

U.S. Secretary of Commerce Gina M. Raimondo Reestablishes the NACIE

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WASHINGTON – Today, U.S. Secretary of Commerce Gina M. Raimondo announced the appointment of 32 leaders and experts to the National Advisory Council on Innovation & Entrepreneurship (NACIE). NACIE will be charged with developing a National Entrepreneurship Strategy that strengthens America’s ability to compete and win as the world’s leading startup nation and as the world’s leading innovator in critical emerging technologies.

“We must invest further in our entrepreneurs and innovators so that America continues to lead the world in discovering and commercializing critical technologies. At the same time, we must better ensure that more communities throughout the country are included in the ecosystems that will generate these critical innovations. The Biden Administration looks forward to tapping the expertise of the new NACIE members to build a better America and further strengthen our competitiveness on the global stage,” said Secretary of Commerce Gina M. Raimondo. “I applaud these individuals – leaders in their respective fields of industry, workforce development, academia, technology and innovation – for their commitment to serve.”

“The new NACIE members are an impressive group of individuals from diverse backgrounds, regions and industries,” said Assistant Secretary of Commerce for Economic Development Alejandra Y. Castillo, who will serve as one of NACIE’s two federal ex-officio co-chairs. “We have plenty of challenges and opportunities to tackle. I’m eager to get to work to ensure our tech and innovation economy prospers equitably for everyone across the nation.”

“The technological, societal and economic challenges that we face as a Nation today require even stronger bridges between discovery, innovation, and commercialization,” said National Science Foundation Director Sethuraman Panchanathan, who will serve as a federal ex-officio co-chair. “I’m excited to work with the NACIE to help advance the highly integrated research and innovation ecosystem, with a particular focus on expanding the geography of innovation by engaging with diverse communities all across the country.”

NACIE is charged with identifying and recommending solutions to drive the innovation economy, including growing a skilled STEM workforce and removing barriers for entrepreneurs ushering innovative technologies into the market. The council also facilitates federal dialogue with the innovation, entrepreneurship, and workforce development communities.

NACIE is a federal advisory committee managed by the U.S. Economic Development Administration’s Office of Innovation and Entrepreneurship. More than 260 nominees were received. Members will serve two-year terms.

The newly appointed NACIE members are:

Non-Voting Federal Ex-Officio Co-Chairs

  • Alejandra Y. Castillo, Assistant Secretary of Commerce for Economic Development, U.S. Department of Commerce, Economic Development Administration
  • Sethuraman Panchanathan, Director, National Science Foundation

Voting Non-Federal Co-Chairs

  • Steve Case, Chairman/CEO, Revolution; Co-Founder, AOL
  • Kristina M. Johnson, President, The Ohio State University

Voting Members

  • Byron G. Auguste, Co-Founder/CEO, Opportunity@Work
  • Patricia Beckmann, Founder/Managing Director, BioStrategy
  • Melissa Bradley, Founder/Managing Partner/General Partner, 1863 Ventures
  • Allie Burns, CEO, Village Capital
  • Christopher Chung, CEO, Economic Development Partnership of North Carolina
  • Sherrese Clarke Soares, Founder/Managing Partner, HarbourView
  • Michael Crow, President, Arizona State University
  • Lisa Feria, Managing Partner/CEO, Stray Dog Capital
  • Annette Finsterbusch, President/CEO, EnPower, Inc.
  • Brit Fitzpatrick, Chief of Staff, Stark
  • Aziz Gilani, General Partner/Managing Director, Mercury Fund
  • Orin Herskowitz, Executive Director, Senior VP of Intellectual Property & Technology Transfer, Columbia Technology Ventures
  • Neil Kane, Director, Curriculum and Capstone Advising, ESTEEM (Engineering, Science, and Technology Entrepreneurship Excellence Master’s) Graduate Program, University of Notre Dame
  • David Kenney, President/Executive Director, VertueLab
  • Wendy Lea, Co-Founder/CEO, Energize Colorado
  • Ian McClure, Associate VP for Research, Innovation & Economic Impact, University of Kentucky
  • Senofer Mendoza, Founder/General Partner, Mendoza Ventures
  • Rachel Meyers, Chief Science Officer, Faze Medicines
  • Nate Mook, CEO, World Central Kitchen
  • Bill Provine, CEO Delaware Innovation Space
  • Ryan Ramkhelawan, Co-Founder/Managing Partner, Lasting Machine Ventures
  • Aimée Rose, Executive Managing Director, Activate Boston
  • Laura Sachar, Co-Founder/Managing Partner, StarVest Partners
  • Peter Scher, Vice Chairman, JPMorgan Chase & Co.
  • Liz Shuler, President, American Federation of Labor and Congress of Industrial Organizations
  • Grace Simrall, Chief of Civic Innovation & Technology, Louisville Metro Government
  • Dug Song, Chief Strategy Officer, Cisco Security
  • Tamara Steffens, Managing Director, Thomson Reuters Venture Fund

U.S. Remains Top Destination for Foreign Business Investment for 10th Consecutive Year

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WASHINGTON—The United States has been ranked as the top destination for foreign direct investment for the tenth consecutive year according to Kearney’s Global Business Policy Council’s 2022 Foreign Direct Investment (FDI) Confidence Index.

The annual survey of global senior executives and investors found that the Unites States retained its position for a decade due to the innovation of the U.S. economy as the key indicator to driving growth through FDI long term.

Foreign investors look for established innovative markets that are financially strong and safe while also having strong governance and infrastructure. The ranking is testament to the attractiveness of the United States to foreign companies despite the challenges posed by the COVID-19 pandemic. 

“This ranking is cause for celebration and it reflects what so many in the global business community already know: the United States is unmatched not only in its economic power, but also in its appeal for businesses development through a strong culture of innovation and employment of a world-class productive workforce,” said Secretary Gina M. Raimondo. “The Department of Commerce is committed to creating the conditions for economic growth and opportunity for all Americans, including through foreign direct investment which creates jobs and contributes to economic development across the United States.”

“The United States retains the top position on Kearney’s 2022 FDI Confidence Index for the tenth consecutive year,” said Paul Laudicina, founder of the FDI Confidence Index. “Our findings suggest we are likely to see a continued shift in FDI to developed markets, with the U.S. being chief among them. Investors seek to capitalize on destinations marked by regulatory transparency and stability on the one hand and technological innovation on the other. Robust U.S. economic performance and bi-partisan action on the U.S. infrastructure initiative also obviously have helped restore confidence in the country’s longer term investment attractiveness, even as global geopolitical challenges persist.”

The United States rank in the FDI Confidence Index is supported by the work of the Department’s SelectUSA program that focuses on facilitating job-creating business investment into the United States and raises awareness of the critical role that economic development plays in the U.S. economy. Since its inception, SelectUSA has facilitated more than $105 billion in investment, creating and/or retaining over 138,000 U.S. jobs.  

As part of the national effort to attract foreign direct investment, Secretary Raimondo will host the 2022 SelectUSA Investment Summit June 26-29 at the Gaylord National Resort & Convention Center in National Harbor, Maryland. The annual investment summit is the highest-profile event in the United States dedicated to promoting foreign direct investment and provides prospects for investors from global markets and economic development organizations across the nation to interact and create investment opportunities.

U.S. Commerce Department Releases Strategic Plan to Boost America’s Competitiveness

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WASHINGTON – Today the Department of Commerce released its fiscal year 2022-2026 Strategic Plan laying out an agenda for innovation, resilience and equity to strengthen America’s competitiveness in the 21st century.  Along with the strategic plan, the Department also published the first-ever learning agenda, through which all bureaus will build rigorous evidence on program outcomes. 

“Everything we do at the Department is focused on increasing America’s competitiveness in the global economy.  With this plan, we are positioning America’s workers and businesses for success in the 21st century.  And all Americans, especially those that have been historically excluded, will share in our prosperity,” said Commerce Secretary Gina Raimondo. 

The Department has revised its mission statement to underscore the connection between our programs and all Americans. As of today, the Department’s mission is to create the conditions for economic growth and opportunity for all communities.

The Department’s strategic plan has five goals: 

  • Drive American innovation and global competitiveness. By investing in resilient supply chains, advancing emerging and critical technologies, and engaging in strategic partnerships with allies, we will expand opportunities for American innovators, workers, and businesses. At the same time, improve cybersecurity, promote intellectual property rights, and vigorously enforce our trade rules.
  • Foster inclusive capitalism and equitable economic growth. By creating an economy that works for all Americans, we will translate short-term growth into long-term prosperity. Once in-a-generation investments in broadband and economic development will empower entrepreneurs in all regions of the country. Smart workforce development will align workers’ skills with industry needs and provide wraparound support so job seekers can successfully complete their training.
  • Address climate crisis through mitigation, adaptation, and resilience efforts. By accelerating cutting-edge clean technologies advancing our collection and dissemination of climate data and investing in restoration and preparation, we will combat climate change, protect the ocean, and lead the world toward a clean energy future while creating millions of good-paying jobs. 
  • Expand opportunity and discovery through data. By leveraging our world-class scientific and statistical tools, we will establish a level playing field for American workers and businesses in the global economy. 
  • Provide 21st century service with 21st century capabilities. By deploying smart technology and modernizing our systems for hiring and procurement, we will ensure that across the Commerce Department’s 13 bureaus are focused on achieving results for the American people and American businesses.

The creation of the strategic plan was a collaborative effort involving staff from every Department of Commerce bureau and serves as a foundation for equitable economic growth and opportunity. The plan is in direct alignment with the President’s FY 23 budget request which reflects the Department’s role to drive U.S. competitiveness at home and abroad, and the Administration’s focus on economic growth and job creation. Department leaders and employees will use this plan to transform strategies into actions, and actions into results for all communities.

USPTO report finds industries that intensively use intellectual property protection account for over 41% of U.S. gross domestic product

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The United States Patent and Trademark Office (USPTO) today released the latest edition of its report highlighting the economic contributions of industries that make greater use of intellectual property (IP) protection, including patents, trademarks, and copyrights, titled “Intellectual property and the U.S. economy: Third edition.”

“Intellectual property protection is vital for American innovation and entrepreneurship,” said United States Secretary of Commerce Gina Raimondo. “This report underscores the key benefits associated with a strong intellectual property system and reinforces the Biden administration’s commitment to expanding our innovation economy by ensuring that more Americans have equitable access to the goods, services, and quality jobs that stem from American innovation. Employees working in IP-intensive industries are more likely to earn higher wages compared to non-IP-intensive industries. IP protection isn’t just good for American businesses, it’s good for American workers.”

The latest report found that in 2019, 127 IP-intensive industries in sectors such as manufacturing; wholesale and retail trade; and professional, technical, management, and administrative services accounted for $7.8 trillion in U.S. gross domestic product (GDP), or 41% of total GDP. Direct employment in these industries accounted for 47.2 million jobs in 2019, or 33% of total U.S. employment. Indirect employment—jobs created in other industries that depend at least partially on final sales in IP-intensive industries—accounted for an additional 11% of U.S. employment. In total, IP-intensive industries contributed 44% of U.S. employment.

Additionally, for the first time, the report provides data that offers greater insight into the demographics of workers in IP-intensive industries.

In terms of overall workforce composition, the report found that women and minorities, except for those of Asian descent, were underrepresented in IP-intensive industries. Women comprised 43.7% of the workforce in IP-intensive industries, versus 54% in non-IP-intensive industries. The report further shows that Blacks and Hispanics respectively comprised 8.9% and 13% of the workforce in IP-intensive industries, versus 13.9% and 19.5% in non-IP-intensive industries.

USPTO announces new Public Advisory Committee members

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Washington DC, Dec 16 – The United States Patent and Trademark Office (USPTO) today announced new membership to its Patent and Trademark Public Advisory Committees, composed of private-sector intellectual property (IP) executives who help advise the Secretary of Commerce and the USPTO Director on the management of patent and trademark operations. The Secretary of Commerce appoints the nine members of each committee to serve three-year rotating terms.

“The Patent and Trademark Public Advisory Committees are great examples of fruitful public-private collaborations that serve the interests of our valued intellectual property community,” said Drew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property (IP) and Director of the USPTO. “I am thrilled to welcome our new members and look forward to working with them to expand and strengthen the innovation ecosystem. I also want to extend my appreciation to all outgoing PAC members for their many years of outstanding service–Julie, Jennifer, Barney, Chris, Stephanie, and Kelly–your leadership has been instrumental during such an unprecedented period, and we are exceedingly grateful.”

In addition to the new members, former PPAC Vice Chair Steven P. Caltrider will now serve as Chair, and Tracy-Gene Durkin will serve as PPAC’s new Vice Chair. Former TPAC Vice Chair Susan Natland will serve as Chair, while David J. Cho will serve as TPAC’s new Vice Chair.

Current PPAC members include Jeffrey M. Sears, Jeremiah Chan, Daniel P. Brown, and Judge Susan G. Braden. TPAC members are Tricia McDermott Thompkins, Jennifer Kovalcik, Tracy L. Deutmeyer, and Joemarie B. Fredericks.

The new members of USPTO’s Patent Public Advisory Committee (PPAC) include Charles Duan, Suzanne Harrison, and Heidi S. Nebel, while the new members of the Trademark Public Advisory Committee (TPAC) are Adraea Brown, Rodrick J. Enns, and Dana Brown Northcott, (bios for all PAC members are further below). Recent PPAC members Julie Mar-Spinola, Jennifer Camacho, and Barney Cassidy, as well as recent TPAC members Christopher Kelly, Stephanie Bald, and Kelly Walton, have rotated off the committees having completed their terms.

The Public Advisory Committees for the USPTO were created through the Patent and Trademark Office Efficiency Act statute in the American Inventors Protection Act of 1999. The committees review the policies, goals, performance, budget, and user fees of the patent and trademark operations, respectively, and advise the director on these matters.