I
111th CONGRESS
2d Session
H. R. 5832
IN THE HOUSE OF REPRESENTATIVES
July 22, 2010
Mrs. Dahlkemper introduced the following bill; which was referred to the Committee on Small Business
A BILL
To amend the Small Business Act to improve the Office of International Trade, and for other purposes.
Short title
This Act may be cited as the
Small Business Export Enhancement Act of
2010
.
Definitions
Definitions
In this Act—
the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively;
the term Associate Administrator means the Associate Administrator for International Trade appointed under section 22(a)(2) of the Small Business Act, as amended by this Act;
the term Export Assistance Center means a one-stop shop referred to in section 2301(b)(8) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8));
the term rural small business concern means a small business concern located in a rural area, as that term is defined in section 1393(a)(2) of the Internal Revenue Code of 1986; and
the term small business concern has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).
Technical and conforming amendments
Definitions
Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following:
Small business development center
In this Act, the term small business development center means a small business development center described in section 21.
Region of the Administration
In this Act, the term region of the Administration means the geographic area served by a regional office of the Administration established under section 4(a).
.
Conforming amendment
Section 4(b)(3)(B)(x) of the Small Business
Act (15 U.S.C. 633(b)(3)(B)(x)) is amended by striking Administration
district and region
and inserting district and region of the
Administration
.
Office of International Trade
Establishment
Section 22 of the Small Business Act (15 U.S.C. 649) is amended—
by striking Sec. 22. (a)
There
and inserting the following:
Office of International Trade
Establishment
Office
There
; and
in subsection (a)—
in paragraph (1), as so designated, by striking the period and inserting “for the primary purposes of increasing—
the number of small business concerns that export; and
the volume of exports by small business concerns.
; and
by adding at the end the following:
Associate Administrator
The head of the Office shall be the Associate Administrator for International Trade, who shall be responsible to the Administrator.
.
Authority for Additional Associate Administrator
Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended—
in the fifth sentence, by striking
five Associate Administrators
and inserting Associate
Administrators
; and
by adding at the end the following:
One such Associate Administrator shall be the Associate Administrator
for International Trade, who shall be the head of the Office of International
Trade established under section 22.
.
Discharge of International Trade Responsibilities of Administration
Section 22 of the Small Business Act (15 U.S.C. 649) is amended by adding at the end the following:
Discharge of International Trade Responsibilities of Administration
The Administrator shall ensure that—
the responsibilities of the Administration regarding international trade are carried out by the Associate Administrator;
the Associate Administrator has sufficient resources to carry out such responsibilities; and
the Associate Administrator has direct supervision and control over—
the staff of the Office; and
any employee of the Administration whose principal duty station is an Export Assistance Center, or any successor entity.
.
Role of Associate Administrator in carrying out international trade policy
Section 2(b)(1) of the Small Business Act (15 U.S.C. 631(b)(1)) is amended in the matter preceding subparagraph (A)—
by inserting the Administrator
of
before the Small Business Administration
; and
by inserting through the Associate
Administrator for International Trade, and
before in cooperation
with
.
Implementation date
Not later than 90 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall appoint an Associate Administrator for International Trade under section 22(a) of the Small Business Act (15 U.S.C. 649(a)), as added by this section.
Duties of the Office of International Trade
Amendments to section 22
Section 22 of the Small Business Act (15 U.S.C. 649) is amended—
by striking subsection (b) and inserting the following:
Trade distribution network
The Associate Administrator, working in close cooperation with the Secretary of Commerce, the United States Trade Representative, the Export-Import Bank of the United States, the Overseas Private Investment Corporation, and other relevant Federal agencies, small business development centers engaged in export promotion efforts, Export Assistance Centers, regional and district offices of the Administration, the small business community, and relevant State and local export promotion programs, shall—
maintain a distribution network, using regional and district offices of the Administration, the small business development center network, networks of women's business centers, the Service Corps of Retired Executives authorized by section 8(b)(1), and Export Assistance Centers, for programs relating to—
trade promotion;
trade finance;
trade adjustment assistance;
trade remedy assistance; and
trade data collection;
aggressively market the programs described in paragraph (1) and disseminate information, including computerized marketing data, to small business concerns on exporting trends, market-specific growth, industry trends, and international prospects for exports;
promote export assistance programs through the district and regional offices of the Administration, the small business development center network, Export Assistance Centers, the network of women's business centers, chapters of the Service Corps of Retired Executives, State and local export promotion programs, and partners in the private sector; and
give preference in hiring or approving the transfer of any employee into the Office or to a position described in subsection (c)(9) to otherwise qualified applicants who are fluent in a language in addition to English, to—
accompany small business concerns on foreign trade missions; and
translate documents, interpret conversations, and facilitate multilingual transactions, including by providing referral lists for translation services, if required.
;
in subsection (c)—
by striking (c) The Office
and inserting the following:
Promotion of sales opportunities
The Associate Administrator
;
by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;
by inserting before paragraph (2), as so redesignated, the following:
establish annual goals for the Office relating to—
enhancing the exporting capability of small business concerns and small manufacturers;
facilitating technology transfers;
enhancing programs and services to assist small business concerns and small manufacturers to compete effectively and efficiently against foreign entities;
increasing the ability of small business concerns to access capital;
disseminating information concerning Federal, State, and private programs and initiatives; and
ensuring that the interests of small business concerns are adequately represented in trade negotiations;
;
in paragraph (2), as so redesignated, by
striking mechanism for
and all that follows through (D)
assisting
and inserting the
following:
mechanism for—
identifying subsectors of the small business community with strong export potential;
identifying areas of demand in foreign markets;
prescreening foreign buyers for commercial and credit purposes; and
assisting
;
in paragraph (3), as so redesignated, by
striking assist small businesses in the formation and utilization
of
and inserting assist small business concerns in forming and
using
;
in paragraph (4), as so redesignated—
by striking local
and
inserting district
;
by striking existing
;
by striking Small Business
Development Center network
and inserting small business
development center network
; and
by striking Small Business
Development Center Program
and inserting small business
development center program
;
in paragraph (5), as so redesignated—
in subparagraph (A), by striking
Gross State Produce
and inserting Gross State
Product
;
in subparagraph (B), by striking
SIC
each place it appears and inserting North American
Industry Classification System
; and
in subparagraph (C), by striking
small businesses
and inserting small business
concerns
;
in paragraph (6), as so redesignated, by striking the period at the end and inserting a semicolon;
in paragraph (7), as so redesignated—
in the matter preceding subparagraph (A)—
by inserting concerns
after
small business
; and
by striking current
and
inserting up to date
;
in subparagraph (A), by striking
Administration's regional offices
and inserting regional
and district offices of the Administration
;
in subparagraph (B) by striking
current
;
in subparagraph (C), by striking
current
; and
by striking small businesses
each place that term appears and inserting small business
concerns
;
in paragraph (8), as so redesignated, by striking and at the end;
in paragraph (9), as so redesignated—
in the matter preceding subparagraph (A)—
by striking full-time export
development specialists to each Administration regional office and
assigning
; and
by striking person in each district
office. Such specialists
and inserting individual in each
district office and providing each Administration regional office with a
full-time export development specialist, who
;
in subparagraph (B)—
by striking current
;
and
by striking with
and
inserting in
;
in subparagraph (D)—
by striking Administration personnel
involved in granting
and inserting personnel of the
Administration involved in making
; and
by striking and
at the
end;
in subparagraph (E)—
by striking small businesses'
needs
and inserting the needs of small business
concerns
; and
by striking the period at the end and inserting a semicolon;
by adding at the end the following:
participate, jointly with employees of the Office, in an annual training program that focuses on current small business needs for exporting; and
develop and conduct training programs for exporters and lenders, in cooperation with the Export Assistance Centers, the Department of Commerce, small business development centers, women's business centers, the Export-Import Bank of the United States, the Overseas Private Investment Corporation, and other relevant Federal agencies;
; and
by striking small businesses
each place that term appears and inserting small business
concerns
; and
by adding at the end the following:
make available on the website of the Administration the name and contact information of each individual described in paragraph (9);
carry out a nationwide marketing effort using technology, online resources, training, and other strategies to promote exporting as a business development opportunity for small business concerns;
disseminate information to the small business community through regional and district offices of the Administration, the small business development center network, Export Assistance Centers, the network of women's business centers, chapters of the Service Corps of Retired Executives authorized by section 8(b)(1), State and local export promotion programs, and partners in the private sector regarding exporting trends, market-specific growth, industry trends, and prospects for exporting; and
establish and carry out training programs for the staff of the regional and district offices of the Administration and resource partners of the Administration on export promotion and providing assistance relating to exports.
;
in subsection (d)—
by redesignating paragraphs (1) through (5) as clauses (i) through (v), respectively, and adjusting the margins accordingly;
by striking (d) The Office
and inserting the following:
Export financing programs
In general
The Associate Administrator
; and
by striking To accomplish this goal,
the Office shall work
and inserting the following:
Trade finance specialist
To accomplish the goal established under paragraph (1), the Associate Administrator shall—
designate at least 1 individual within the Administration as a trade finance specialist to oversee international loan programs and assist Administration employees with trade finance issues; and
work
;
in subsection (e), by striking (e)
The Office
and inserting the following:
Trade Remedies
The Associate Administrator
;
by amending subsection (f) to read as follows:
Reporting requirement
The Associate Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that contains—
a description of the progress of the Office in implementing the requirements of this section;
a detailed account of the results of export growth activities of the Administration, including the activities of each district and regional office of the Administration, based on the performance measures described in subsection (i);
an estimate of the total number of jobs created or retained as a result of export assistance provided by the Administration and resource partners of the Administration;
for any travel by the staff of the Office, the destination of such travel and the benefits to the Administration and to small business concerns resulting from such travel; and
a description of the participation by the Office in trade negotiations.
;
in subsection (g), by striking (g)
The Office
and inserting the following:
Studies
The Associate Administrator
; and
by adding after subsection (h), as added by section 3 of this Act, the following:
Export and trade counseling
Definition
In this subsection—
the term lead small business development center means a small business development center that has received a grant from the Administration; and
the term lead women's business center means a women's business center that has received a grant from the Administration.
Certification program
The Administrator shall establish an export and trade counseling certification program to certify employees of lead small business development centers and lead women's business centers in providing export assistance to small business concerns.
Number of certified employees
The Administrator shall ensure that the number of employees of each lead small business development center who are certified in providing export assistance is not less than the lesser of—
5; or
10 percent of the total number of employees of the lead small business development center.
Reimbursement for certification
In general
Subject to the availability of appropriations, the Administrator shall reimburse a lead small business development center or a lead women's business center for costs relating to the certification of an employee of the lead small business center or lead women's business center in providing export assistance under the program established under paragraph (2).
Limitation
The total amount reimbursed by the Administrator under subparagraph (A) may not exceed $350,000 in any fiscal year.
Performance measures
In general
The Associate Administrator shall develop performance measures for the Administration to support export growth goals for the activities of the Office under this section that include—
the number of small business concerns that—
receive assistance from the Administration;
had not exported goods or services before receiving the assistance described in clause (i); and
export goods or services;
the number of small business concerns receiving assistance from the Administration that export goods or services to a market outside the United States into which the small business concern did not export before receiving the assistance;
export revenues by small business concerns assisted by programs of the Administration;
the number of small business concerns referred to an Export Assistance Center or a small business development center by the staff of the Office;
the number of small business concerns referred to the Administration by an Export Assistance Center or a small business development center; and
the number of small business concerns referred to the Export-Import Bank of the United States or to the Overseas Private Investment Corporation by the staff of the Office, an Export Assistance Center, or a small business development center.
Consistency of tracking
The Associate Administrator, in coordination with the departments and agencies that are represented on the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) and the small business development center network, shall develop a system to track exports by small business concerns, including information relating to the performance measures developed under paragraph (1), that is consistent with systems used by the departments and agencies and the network.
.
Trade disputes
The Administrator shall carry out a comprehensive program to provide technical assistance, counseling, and reference materials to small business concerns relating to resources, procedures, and requirements for mechanisms to resolve international trade disputes or address unfair international trade practices under international trade agreements or Federal law, including—
directing the district offices of the Administration to provide referrals, information, and other services to small business concerns relating to the mechanisms;
entering agreements and partnerships with providers of legal services relating to the mechanisms, to ensure small business concerns may affordably use the mechanisms; and
in consultation with the Director of the United States Patent and Trademark Office and the Register of Copyrights, designing counseling services and materials for small business concerns regarding intellectual property protection in other countries.
Report
Not later than 60 days after the date of enactment of this Act, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on any travel by the staff of the Office of International Trade of the Administration, during the period beginning on October 1, 2004, and ending on the date of enactment of the Act, including the destination of such travel and the benefits to the Administration and to small business concerns resulting from such travel.
Export assistance centers
Export assistance centers
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act, is amended by adding at the end the following:
Export assistance centers
Export finance specialists
Minimum number of export finance specialists
On and after January 1, 2011, the Administrator, in coordination with the Secretary of Commerce, shall ensure that the number of export finance specialists is not less than the number of such employees so assigned on January 1, 2003.
Export finance specialists assigned to each region of the Administration
On and after the date that is 2 years after the date of enactment of this subsection, the Administrator, in coordination with the Secretary of Commerce, shall ensure that there are not fewer than 3 export finance specialists in each region of the Administration.
Placement of export finance specialists
Priority
The Administrator shall give priority, to the maximum extent practicable, to placing employees of the Administration at any Export Assistance Center that—
had an Administration employee assigned to the Export Assistance Center before January 2003; and
has not had an Administration employee assigned to the Export Assistance Center during the period beginning January 2003, and ending on the date of enactment of this subsection, either through retirement or reassignment.
Needs of exporters
The Administrator shall, to the maximum extent practicable, strategically assign Administration employees to Export Assistance Centers, based on the needs of exporters.
Rule of construction
Nothing in this subsection may be construed to require the Administrator to reassign or remove an export finance specialist who is assigned to an Export Assistance Center on the date of enactment of this subsection.
Goals
The Associate Administrator shall work with the Department of Commerce, the Export-Import Bank of the United States, and the Overseas Private Investment Corporation to establish shared annual goals for the Export Assistance Centers.
Oversight
The Associate Administrator shall designate an individual within the Administration to oversee all activities conducted by Administration employees assigned to Export Assistance Centers.
Definitions
In this section—
the term Associate Administrator means the Associate Administrator for International Trade described in subsection (a)(2);
the term Export Assistance Center means a one-stop shop for United States exporters established by the United States and Foreign Commercial Service of the Department of Commerce pursuant to section 2301(b)(8) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8));
the term export finance specialist means a full-time equivalent employee of the Office assigned to an Export Assistance Center to carry out the duties described in subsection (e); and
the term Office means the Office of International Trade established under subsection (a)(1).
.
Study and report on filling gaps in high-and-Low-Export volume areas
Study and report
Not later than 6 months after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall—
conduct a study of—
the volume of exports for each State;
the availability of export finance specialists in each State;
the number of exporters in each State that are small business concerns;
the percentage of exporters in each State that are small business concerns;
the change, if any, in the number of exporters that are small business concerns in each State—
for the first study conducted under this subparagraph, during the 10-year period ending on the date of enactment of this Act; and
for each subsequent study, during the 10-year period ending on the date the study is commenced;
the total value of the exports in each State by small business concerns;
the percentage of the total volume of exports in each State that is attributable to small business concerns; and
the change, if any, in the percentage of the total volume of exports in each State that is attributable to small business concerns—
for the first study conducted under this subparagraph, during the 10-year period ending on the date of enactment of this Act; and
for each subsequent study, during the 10-year period ending on the date the study is commenced; and
submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing—
the results of the study under subparagraph (A);
to the extent practicable, a recommendation regarding how to eliminate gaps between the supply of and demand for export finance specialists in the 15 States that have the greatest volume of exports, based upon the most recent data available from the Department of Commerce;
to the extent practicable, a recommendation regarding how to eliminate gaps between the supply of and demand for export finance specialists in the 15 States that have the lowest volume of exports, based upon the most recent data available from the Department of Commerce; and
such additional information as the Administrator determines is appropriate.
Definition
In this subsection, the term export finance specialist has the meaning given that term in section 22(l) of the Small Business Act, as added by this Act.
Rural export promotion
Not later than 6 months after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Commerce, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that contains—
a description of each program of the Administration that promotes exports by rural small business concerns, including—
the number of rural small business concerns served by the program;
the change, if any, in the number of rural small business concerns as a result of participation in the program during the 10-year period ending on the date of enactment of this Act;
the volume of exports by rural small business concerns that participate in the program; and
the change, if any, in the volume of exports by rural small businesses that participate in the program during the 10-year period ending on the date of enactment of this Act;
a description of the coordination between programs of the Administration and other Federal programs that promote exports by rural small business concerns;
recommendations, if any, for improving the coordination described in paragraph (2);
a description of any plan by the Administration to market the international trade financing programs of the Administration through lenders that—
serve rural small business concerns; and
are associated with financing programs of the Department of Agriculture;
recommendations, if any, for improving coordination between the counseling programs and export financing programs of the Administration, in order to increase the volume of exports by rural small business concerns; and
any additional information the Administrator determines is necessary.
International trade cooperation by small business development centers
Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended—
by striking (2) The Small Business
Development Centers
and inserting the following:
Cooperation to provide international trade services
Information and services
The small business development centers
; and
in paragraph (2)—
in subparagraph (A), as so designated, by
inserting (including State trade agencies),
after local
agencies
; and
by adding at the end the following:
Cooperation with State trade agencies and Export Assistance Centers
A small business development center that counsels a small business concern on issues relating to international trade shall—
consult with State trade agencies and Export Assistance Centers to provide appropriate services to the small business concern; and
as necessary, refer the small business concern to a State trade agency or an Export Assistance Center for further counseling or assistance.
Definition
In this paragraph, the term Export Assistance Center has the same meaning as in section 22.
.