[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5196 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5196

To amend the Export Enhancement Act of 1988 to establish the Office of 
Trade Promotion in the Executive Office of the President, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2006

  Mr. Manzullo (for himself, Mr. Mica, and Mrs. Kelly) introduced the 
 following bill; which was referred to the Committee on International 
 Relations, and in addition to the Committee on Small Business, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Export Enhancement Act of 1988 to establish the Office of 
Trade Promotion in the Executive Office of the President, 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 ``Small Business 
Trade Promotion Enhancement Act of 2006''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
                   TITLE I--OFFICE OF TRADE PROMOTION

        Subtitle A--Amendments to Export Enhancement Act of 1988

Sec. 101. Establishment and purpose.
Sec. 102. Duties.
Sec. 103. Strategic plan.
Sec. 104. Director and Associate Directors.
Sec. 105. Staff; experts and consultants.
Sec. 106. Advisory Board on Trade Promotion.
Sec. 107. Report to Congress.
Sec. 108. Report on export policy.
Sec. 109. Authorization of appropriations.
Sec. 110. Clerical amendment.
Sec. 111. Effective date.
      Subtitle B--Conforming Amendments to Other Laws; References

Sec. 121. Conforming amendments to other laws.
Sec. 122. References.
         TITLE II--TRADE PROVISIONS RELATING TO SMALL BUSINESS

Sec. 201. Establishment of Associate Administrator for International 
                            Trade in Small Business Administration.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) As the world's largest economy, the United States has 
        an enormous stake in the future of the global trading system.
            (2) Exports are a crucial force driving the United States 
        economy and job creation.
            (3) While nearly 97 percent of United States exporters are 
        small and medium enterprises (SMEs), SMEs account for just over 
        one-fourth of exports, leaving much room for growth.
            (4) Two-thirds of United States exporters have fewer than 
        20 employees and sell to just one foreign market.
            (5) Manufacturers account for 61 percent of total United 
        States exports with small manufacturers accounting for 
        approximately 15 percent of total United States exports. Thirty 
        percent of small manufacturers do not currently export but 
        would consider doing so if they had more help in securing vital 
        information on foreign markets, customers, and export 
        procedures.
            (6) United States small and medium enterprises face tough 
        competition from trading partners of the United States that 
        aggressively undertake export promotion programs that directly 
        support and underwrite the expanded growth in trade of their 
        small and medium enterprises.
            (7) United States trade promotion is carried out in part by 
        21 departments and agencies of the Federal Government. 
        Representatives from these Federal departments and agencies are 
        members of the Trade Promotion Coordinating Committee (TPCC), a 
        Federal committee that has not lived up to congressional intent 
        to provide a seamless offering of export promotion products and 
        services due in part to the inadequate allocation of resources 
        and a lack of ultimate decision making budget input authority 
        to ensure effective results are achieved for the invested 
        resources.
            (8) United States small and medium enterprises lack an 
        effective voice in trade policy formulation, implementation, 
        and promotion due in part to inadequate resource distribution 
        by the Small Business Administration that would aggressively 
        champion trade issues for small and medium enterprises in all 
        fora.

SEC. 3. PURPOSE.

    The purpose of this Act and the amendments made by this Act is to 
improve the performance and results of trade promotion policies and 
programs of the Federal Government in accordance with the Government 
Performance and Results Act of 1993 (Public Law 103-62).

                   TITLE I--OFFICE OF TRADE PROMOTION

        Subtitle A--Amendments to Export Enhancement Act of 1988

SEC. 101. ESTABLISHMENT AND PURPOSE.

    Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) 
is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``in the Executive Office 
                        of the President'' after ``shall establish'';
                            (ii) by striking ``Trade Promotion 
                        Coordinating Committee'' and inserting ``Office 
                        of Trade Promotion''; and
                            (iii) by striking ``TPCC'' each place it 
                        appears and inserting ``Office'';
                    (B) in paragraph (1), by inserting ``and oversee'' 
                after ``to coordinate''; and
                    (C) in paragraph (2), by inserting ``and supervise 
                implementation of'' after ``to develop''; and
            (2) in subsections (b) through (f), by striking ``TPCC'' 
        each place it appears and inserting ``Office''.

SEC. 102. DUTIES.

    Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C. 
4727(b)) is amended--
            (1) by redesignating paragraphs (1) through (6) as 
        paragraphs (2) through (7), respectively;
            (2) by inserting before paragraph (2) (as redesignated) the 
        following new paragraph:
            ``(1) advise the President, and others within the Executive 
        Office of the President, on matters relating to trade promotion 
        policies and programs of the United States Government;''.
            (3) in paragraph (2) (as redesignated), by striking 
        ``coordinate'' and inserting ``supervise'';
            (4) in paragraph (4) (as redesignated)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by inserting ``and attainment of 
                        measurable results'' after ``better delivery of 
                        services''; and
                            (ii) by inserting ``with emphasis on small 
                        and medium enterprises'' after ``United States 
                        businesses''; and
                    (B) in subparagraph (C), by adding at the end 
                before the semicolon the following: ``, including 
                assistance to match United States businesses with 
                foreign businesses, as appropriate'';
            (5) in paragraph (5) (as redesignated), by inserting ``and 
        enhance the effectiveness of'' after ``prevent unnecessary 
        duplication in''; and
            (6) in paragraph (6) (as redesignated) to read as follows:
            ``(6) review and make input on the appropriate levels and 
        allocation of resources among agencies in support of export 
        promotion and export financing and advise the President as to 
        the concurrence in these allocations based on its review; 
        and''.

SEC. 103. STRATEGIC PLAN.

    Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C. 
4727(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and explain'' and inserting ``, 
                explain''; and
                    (B) by adding at the end before the semicolon the 
                following: ``, and detail the benchmarks for the 
                implementation of the priorities'';
            (2) in paragraph (2), by inserting ``and effectiveness'' 
        after ``to improve coordination''; and
            (3) in paragraph (4)--
                    (A) by striking ``propose to the President an 
                annual'' and inserting ``include in the annual Federal 
                budget submission to Congress a detailed'';
                    (B) by striking ``that supports'' and inserting 
                ``and oversee its implementation so it supports''; and
                    (C) by adding ``and'' after the semicolon;
            (4) in paragraph (5), by striking ``; and'' and inserting a 
        period; and
            (5) by striking paragraph (6).

SEC. 104. DIRECTOR AND ASSOCIATE DIRECTORS.

    Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) 
is amended by striking subsection (d) and inserting the following new 
subsection:
    ``(d) Director and Associate Directors.--
            ``(1) Director.--There shall be at the head of the Office a 
        Director of the Office of Trade Promotion, who shall--
                    ``(A) be appointed by the President, by and with 
                the advice and consent of the Senate; and
                    ``(B) be compensated at a rate consistent with the 
                compensation of the directors of other offices within 
                the Executive Office of the President.
            ``(2) Associate directors.--The President may appoint not 
        more than two Associate Directors of the Office of Trade 
        Promotion, by and with the advice and consent of the Senate, 
        who shall each--
                    ``(A) be compensated at a rate not to exceed the 
                rate provided for other associate directors of offices 
                within the Executive Office of the President; and
                    ``(B) perform such functions as the Director may 
                prescribe.''.

SEC. 105. STAFF; EXPERTS AND CONSULTANTS.

    Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) 
is amended by striking subsection (e) and inserting the following new 
subsection:
    ``(e) Staff; Experts and Consultants.--
            ``(1) Staff.--
                    ``(A) In general.--The Director of the Office may 
                appoint and fix the pay of additional personnel as the 
                Director considers appropriate.
                    ``(B) Staff of federal agencies.--Upon request of 
                the Director, the head of any Federal department or 
                agency that is represented on the Advisory Board on 
                Trade Promotion established pursuant to subsection (f) 
                may detail any of the personnel of that department or 
                agency to the Office to assist it in carrying out its 
                duties under this section.
            ``(2) Experts and consultants.--The Director of the Office 
        may procure temporary and intermittent services under section 
        3109(b) of title 5, United States Code, but at rates for 
        individuals not to exceed the daily equivalent of the maximum 
        annual rate of basic pay for GS-15 of the General Schedule.''.

SEC. 106. ADVISORY BOARD ON TRADE PROMOTION.

    (a) Advisory Board on Trade Promotion.--Section 2312 of the Export 
Enhancement Act of 1988 (15 U.S.C. 4727) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Advisory Board on Trade Promotion.--
            ``(1) Establishment and purpose.--The President shall 
        establish the Advisory Board on Trade Promotion (hereafter in 
        this subsection referred to as the `Advisory Board'). The 
        purpose of the Advisory Board shall be to advise the Director 
        of the Office in carrying out the duties of the Office under 
        this section and section 6 of the Export Enhancement Act of 
        1999 (15 U.S.C. 4727a).
            ``(2) Membership.--
                    ``(A) In general.--Members of the Advisory Board 
                shall include representatives from--
                            ``(i) the Department of Agriculture;
                            ``(ii) the Department of Commerce;
                            ``(iii) the Department of Defense;
                            ``(iv) the Department of Energy;
                            ``(v) the Department of the Interior;
                            ``(vi) the Department of Labor;
                            ``(vii) the Department of State;
                            ``(viii) the Department of Transportation;
                            ``(ix) the Department of the Treasury;
                            ``(x) the Environmental Protection Agency;
                            ``(xi) the Export-Import Bank of the United 
                        States;
                            ``(xii) the United States Agency for 
                        International Development;
                            ``(xiii) the Office of Management and 
                        Budget;
                            ``(xiv) the Overseas Private Investment 
                        Corporation;
                            ``(xv) the Small Business Administration;
                            ``(xvi) the Trade and Development Agency;
                            ``(xvii) the Office of the United States 
                        Trade Representative; and
                            ``(xviii) at the discretion of the 
                        President, such other departments or agencies 
                        as may be necessary.
                    ``(B) Chairperson.--The Secretary of Commerce shall 
                serve as the chairperson of the Advisory Board.
            ``(3) Member qualifications.--Members of the Advisory Board 
        shall be appointed by the heads of their respective departments 
        or agencies. Such members, as well as alternates designated by 
        any members unable to attend a meeting of the Advisory Board, 
        shall be individuals who exercise significant decisionmaking 
        authority in their respective departments or agencies.''.
    (b) Environmental Trade Promotion.--
            (1) Environmental trade working group.--Section 2313(b) of 
        the Export Enhancement Act of 1988 (15 U.S.C. 4728(b)) is 
        amended--
                    (A) in the heading, by striking ``Trade Promotion 
                Coordination Committee'' and inserting ``Advisory Board 
                on Trade Promotion'' ;
                    (B) in paragraph (1)--
                            (i) by striking ``Trade Promotion 
                        Coordination Committee'' and inserting 
                        ``Advisory Board on Trade Promotion''; and
                            (ii) by striking ``TPCC'' and inserting 
                        ``Advisory Board'';
                    (C) in paragraph (2)(A), by striking ``TPCC'' and 
                inserting ``Advisory Board''; and
                    (D) in paragraph (4) to read as follows:
            ``(4) Report to congress.--The chairperson of the Advisory 
        Board shall submit to the Director of the Office of Trade 
        Promotion a report on the activities of the Working Group to be 
        included in the annual report submitted to Congress by the 
        Director of the Office pursuant to section 2312(g).''.
            (2) Environmental technologies trade advisory committee.--
        Section 2313(c)(1) of the Export Enhancement Act of 1988 (15 
        U.S.C. 4728(c)(1)) is amended by striking ``TPCC'' and 
        inserting ``Advisory Board''.
            (3) International regional environmental initiatives.--
        Section 2313(h) of the Export Enhancement Act of 1988 (15 
        U.S.C. 4728(h)) is amended by striking ``TPCC'' each place it 
        appears and inserting ``Office of Trade Promotion''.

SEC. 107. REPORT TO CONGRESS.

    (a) Report to Congress.--Section 2312(g) of the Export Enhancement 
Act of 1988 (as redesignated by section 106(a)(1) of this subtitle) is 
amended to read as follows:
    ``(g) Report to Congress.--
            ``(1) In general.--The Director of the Office shall prepare 
        and submit to the appropriate congressional committees an 
        annual report that describes the strategic plan developed by 
        the Office pursuant to subsection (c), the implementation of 
        the plan and any revisions thereto, and the extent to which 
        funding for the plan is appropriate.
            ``(2) Definition.--In this subsection, the term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Banking, Housing, and Urban 
                Affairs and the Committee on Small Business and 
                Entrepreneurship of the Senate; and
                    ``(B) the Committee on International Relations and 
                the Committee on Small Business of the House of 
                Representatives.''.

SEC. 108. REPORT ON EXPORT POLICY.

    Section 2314(b)(1)(B) of the Export Enhancement Act of 1988 (15 
U.S.C. 4729(b)(1)(B)) is amended to read as follows:
                    ``(B) the report of the Director of the Office of 
                Trade Promotion that contains the strategic plan 
                submitted to Congress in accordance with section 
                2312(g);''.

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

    Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 
4727), as amended by this subtitle, is further amended by adding at the 
end the following new subsection:
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section and section 2313, section 6 of the 
        Export Enhancement Act of 1999, and section 304 of the FREEDOM 
        Support Act such sums as may be necessary for fiscal year 2007 
        and each subsequent fiscal year.
            ``(2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.''.

SEC. 110. CLERICAL AMENDMENT.

    Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 
4727(a)) is amended in the heading by striking ``trade promotion 
coordinating committee'' and inserting ``office of trade promotion''.

SEC. 111. EFFECTIVE DATE.

    The President shall establish the Office of Trade Promotion and the 
Advisory Board on Trade Promotion pursuant to section 2312 of the 
Export Enhancement Act of 1988 (as amended by this subtitle) not later 
than 180 days after the date of the enactment of this Act.

      Subtitle B--Conforming Amendments to Other Laws; References

SEC. 121. CONFORMING AMENDMENTS TO OTHER LAWS.

    (a) Export Enhancement Act of 1999.--The Export Enhancement Act of 
1999 is amended--
            (1) in section 6 (15 U.S.C. 1547a)--
                    (A) in the heading, by striking ``tpcc'' and 
                inserting ``the office of trade promotion'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``Trade Promotion Coordinating Committee'' and 
                inserting ``Office of Trade Promotion''; and
                    (C) in paragraph (3), by striking ``inclding'' and 
                inserting ``including''; and
            (2) in the heading of section 7, by striking ``tpcc 
        reports'' and inserting ``reports of the office of trade 
        promotion''.
    (b) FREEDOM Support Act.--The FREEDOM Support Act is amended--
            (1) in section 303(b) (22 U.S.C. 5823(b)), by striking 
        ``Chair of the Trade Promotion Coordinating Committee'' and 
        inserting ``Director of the Office of Trade Promotion'';
            (2) in section 304 (22 U.S.C. 5824)--
                    (A) in the heading, by striking ``trade promotion 
                coordinating committee'' and inserting ``office of 
                trade promotion''; and
                    (B) in the matter preceding paragraph (1), by 
                striking ``Trade Promotion Coordinating Committee'' and 
                inserting ``Office of Trade Promotion''; and
            (3) by amending the item relating to section 304 of the 
        table of contents to read as follows:

``Sec. 304. Interagency working group on energy of the Office of Trade 
                            Promotion''.
    (c) Export-Import Bank Act of 1945.--Section 2(b)(1)(A) of the 
Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A)) is amended by 
striking ``Trade Promotion Coordinating Committee'' and inserting 
``Office of Trade Promotion''.

SEC. 122. REFERENCES.

    Any reference in a law, regulation, document, or other record of 
the United States to the Trade Promotion Coordinating Committee or TPCC 
shall be deemed to be a reference to the Office of Trade Promotion.

         TITLE II--TRADE PROVISIONS RELATING TO SMALL BUSINESS

SEC. 201. ESTABLISHMENT OF ASSOCIATE ADMINISTRATOR FOR INTERNATIONAL 
              TRADE IN SMALL BUSINESS ADMINISTRATION.

    (a) Establishment.--Section 22(a) of the Small Business Act (15 
U.S.C. 649(a)) is amended by adding at the end the following: ``The 
head of the Office shall be the Associate Administrator for 
International Trade, who shall be an employee in the Senior Executive 
Service and shall be responsible to the Administrator.''.
    (b) Authority for Additional Associate Administrator.--Section 
4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended--
            (1) in the fifth sentence, by striking ``five Associate 
        Administrators'' and inserting ``Associate Administrators''; 
        and
            (2) by adding at the end the following: ``One of the 
        Associate Administrators shall be the Associate Administrator 
        for International Trade, who shall be the head of the Office of 
        International Trade established under section 22.''.
    (c) Discharge of Administration International Trade 
Responsibilities.--Section 22 of the Small Business Act, as amended by 
subsection (a), is further amended by adding at the end the following 
new subsection:
    ``(h) The Administrator shall ensure that--
            ``(1) the responsibilities of the Administration regarding 
        international trade are carried out through the Associate 
        Administrator for International Trade;
            ``(2) the Associate Administrator for International Trade 
        has sufficient resources to carry out such responsibilities; 
        and
            ``(3) the Associate Administrator for International Trade 
        has direct supervision and control over the staff of the Office 
        of International Trade, and over any employee of the 
        Administration whose principal duty station is a United States 
        Export Assistance Center or any successor entity.''.
    (d) Role of Associate Administrator in Carrying Out International 
Trade Policy.--Section 2(b)(1) of such Act (15 U.S.C. 631(b)(1)) is 
amended in the matter preceding subparagraph (A)--
            (1) by inserting ``the Administrator of'' before ``the 
        Small Business Administration''; and
            (2) by inserting ``through the Associate Administrator for 
        International Trade'' before ``in cooperation with''.
    (e) Conforming Amendments.--Section 22 of the Small Business Act 
(15 U.S.C. 649), as amended by subsections (a) and (c) is further 
amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``The Office'' and inserting ``The Associate 
                Administrator''; and
                    (B) in paragraph (3), by striking ``the director of 
                the Office'' and inserting ``the Associate 
                Administrator'';
            (2) in subsection (c) in the matter preceding paragraph 
        (1), by striking ``The Office'' and inserting ``The Associate 
        Administrator'';
            (3) in subsection (d), by striking ``Office'' both places 
        it appears and inserting ``Associate Administrator'';
            (4) in subsection (e), in the matter preceding paragraph 
        (1), by striking ``The Office'' and inserting ``The Associate 
        Administrator''; and
            (5) in subsections (f) and (g), by striking ``The Office'' 
        and inserting ``The Associate Administrator''.
    (f) Technical Amendment.--Section 22 of the Small Business Act (15 
U.S.C. 649), as amended by subsections (a), (c), and (e), is further 
amended by striking the period at the end of subsection (c)(5) and 
inserting a semicolon.
    (g) Effective Date.--The Administrator shall appoint an Associate 
Administrator for International Trade pursuant to sections 4 and 22 of 
the Small Business Act (15 U.S.C. 648) (as amended by this section) not 
later than 90 days after the date of the enactment of this Act.
                                 <all>