[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1196 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1196

To amend the Small Business Act to improve the Office of International 
                     Trade, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2009

 Ms. Landrieu introduced the following bill; which was read twice and 
    referred to the Committee on Small Business and Entrepreneurship

_______________________________________________________________________

                                 A BILL


 
To amend the Small Business Act to improve the Office of International 
                     Trade, 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.

    This Act may be cited as the ``Small Business International Trade 
Enhancements Act of 2009''.

SEC. 2. SMALL BUSINESS ADMINISTRATION ASSOCIATE ADMINISTRATOR FOR 
              INTERNATIONAL TRADE.

    (a) Establishment.--Section 22 of the Small Business Act (15 U.S.C. 
649) is amended--
            (1) by striking ``Sec. 22. (a) There'' and inserting the 
        following:

``SEC. 22. OFFICE OF INTERNATIONAL TRADE.

    ``(a) Establishment.--
            ``(1) Office.--There''; and
            (2) in subsection (a), by adding at the end the following:
            ``(2) Associate administrator.--The head of the Office 
        shall be the Associate Administrator for International Trade, 
        who 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 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.''.
    (c) 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:
    ``(h) Discharge of International Trade Responsibilities of 
Administration.--The Administrator shall ensure that--
            ``(1) the responsibilities of the Administration regarding 
        international trade are carried out by the Associate 
        Administrator;
            ``(2) the Associate Administrator has sufficient resources 
        to carry out such responsibilities; and
            ``(3) the Associate Administrator has direct supervision 
        and control over--
                    ``(A) the staff of the Office; and
                    ``(B) any employee of the Administration whose 
                principal duty station is an Export Assistance Center, 
                or any successor entity.''.
    (d) 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)--
            (1) by inserting ``the Administrator of'' before ``the 
        Small Business Administration''; and
            (2) by inserting ``through the Associate Administrator for 
        International Trade, and'' before ``in cooperation with''.
    (e) 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.

SEC. 3. OFFICE OF INTERNATIONAL TRADE.

    (a) Amendments to Section 22.--Section 22 of the Small Business Act 
(15 U.S.C. 649) is amended--
            (1) in subsection (b)--
                    (A) by striking ``(b) The Office'' and inserting 
                the following:
    ``(b) Trade Distribution Network.--The Associate Administrator'';
                    (B) in the matter preceding paragraph (1), by 
                inserting ``Export Assistance Centers,'' after ``export 
                promotion efforts,''; and
                    (C) by amending paragraph (1) to read as follows:
            ``(1) assist in maintaining a distribution network, using 
        regional and local offices of the Administration, the small 
        business development center network, networks of women's 
        business centers, and Export Assistance Centers for programs 
        relating to--
                    ``(A) trade promotion;
                    ``(B) trade finance;
                    ``(C) trade adjustment assistance;
                    ``(D) trade remedy assistance; and
                    ``(E) trade data collection;'';
            (2) in subsection (c)--
                    (A) by striking ``(c) The Office'' and inserting 
                the following:
    ``(c) Promotion of Sales Opportunities.--The Associate 
Administrator'';
                    (B) by redesignating paragraphs (1) through (8) as 
                paragraphs (2) through (9), respectively;
                    (C) by inserting before paragraph (2), as so 
                redesignated, the following:
            ``(1) establish annual goals for the Office relating to--
                    ``(A) enhancing the exporting capability of small 
                business concerns and small manufacturers;
                    ``(B) facilitating technology transfers;
                    ``(C) enhancing programs and services to assist 
                small business concerns and small manufacturers to 
                compete effectively and efficiently against foreign 
                entities;
                    ``(D) increasing the ability of small business 
                concerns to access capital;
                    ``(E) disseminating information concerning Federal, 
                State, and private programs and initiatives; and
                    ``(F) ensuring that the interests of small business 
                concerns are adequately represented in trade 
                negotiations;'';
                    (D) in paragraph (2), as so redesignated, by 
                striking ``mechanism for'' and all that follows through 
                ``(D) assisting'' and inserting the following: 
                ``mechanism for--
                    ``(A) identifying subsectors of the small business 
                community with strong export potential;
                    ``(B) identifying areas of demand in foreign 
                markets;
                    ``(C) prescreening foreign buyers for commercial 
                and credit purposes; and
                    ``(D) assisting'';
                    (E) in paragraph (5)(A), as so redesignated, by 
                striking ``Gross State Produce'' and inserting ``Gross 
                State Product'';
                    (F) in paragraph (6), as so redesignated, by 
                striking the period at the end and inserting a 
                semicolon; and
                    (G) in paragraph (9), as so redesignated--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``full-time export 
                                development specialists to each 
                                Administration regional office and 
                                assigning''; and
                                    (II) by striking ``office. Such 
                                specialists'' and inserting ``office 
                                and providing each Administration 
                                regional office with a full-time export 
                                development specialist, who'';
                            (ii) in subparagraph (D), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (E), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iv) by adding at the end the following:
                    ``(F) participate, jointly with employees of the 
                Office, in an annual training program that focuses on 
                current small business needs for exporting; and
                    ``(G) develop and conduct training programs for 
                exporters and lenders, in cooperation with the Export 
                Assistance Centers, the Department of Commerce, small 
                business development centers, and other relevant 
                Federal agencies.'';
            (3) in subsection (d)--
                    (A) by redesignating paragraphs (1) through (5) as 
                clauses (i) through (v), respectively, and adjusting 
                the margins accordingly;
                    (B) by striking ``(d) The Office'' and inserting 
                the following:
    ``(d) Export Financing Programs.--
            ``(1) In general.--The Associate Administrator''; and
                    (C) by striking ``To accomplish this goal, the 
                Office shall work'' and inserting the following:
            ``(2) Trade finance specialist.--To accomplish the goal 
        established under paragraph (1), the Associate Administrator 
        shall--
                    ``(A) 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
                    ``(B) work'';
            (4) in subsection (e), by striking ``(e) The Office'' and 
        inserting the following:
    ``(e) Trade Remedies.--The Associate Administrator'';
            (5) by amending subsection (f) to read as follows:
    ``(f) 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--
            ``(1) a description of the progress of the Office in 
        implementing the requirements of this section;
            ``(2) 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
            ``(3) a description of the participation by the Office in 
        trade negotiations.'';
            (6) in subsection (g), by striking (g) The Office and 
        inserting the following:
    ``(g) Studies.--The Associate Administrator''; and
            (7) by adding after subsection (h), as addded by section 2 
        of this Act, the following:
    ``(i) Export Assistance Centers.--
            ``(1) In general.--During the period beginning on October 
        1, 2009, and ending on September 30, 2012, the Administrator 
        shall ensure that the number of full-time equivalent employees 
        of the Office assigned to the Export Assistance Centers is not 
        less than the number of such employees so assigned on January 
        1, 2003.
            ``(2) Priority of placement.--The Administrator shall give 
        priority, to the maximum extent practicable, to placing 
        employees of the Administration at any Export Assistance Center 
        that--
                    ``(A) had an Administration employee assigned to 
                the Export Assistance Center before January 2003; and
                    ``(B) 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.
            ``(3) 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.
            ``(4) Goals.--The Associate Administrator shall work with 
        the Department of Commerce and the Export-Import Bank to 
        establish shared annual goals for the Export Assistance 
        Centers.
            ``(5) Oversight.--The Associate Administrator shall 
        designate an individual within the Administration to oversee 
        all activities conducted by Administration employees assigned 
        to Export Assistance Centers.
    ``(j) Definitions.--In this section--
            ``(1) the term `Associate Administrator' means the 
        Associate Administrator for International Trade described in 
        subsection (a)(2);
            ``(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)); and
            ``(3) the term `Office' means the Office of International 
        Trade established under subsection (a)(1).''.
    (b) 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, 
including the destination of such travel and the benefits to the 
Administration and to small business concerns resulting from such 
travel.

SEC. 4. INTERNATIONAL TRADE LOANS.

    (a) In General.--Section 7(a)(3)(B) of the Small Business Act (15 
U.S.C. 636(a)(3)(B)) is amended by striking ``$1,750,000, of which not 
more than $1,250,000'' and inserting ``$2,750,000 (or if the gross loan 
amount would exceed $3,670,000), of which not more than $2,000,000''.
    (b) Working Capital.--Section 7(a)(16)(A) of the Small Business Act 
(15 U.S.C. 636(a)(16)(A)) is amended--
            (1) in the matter preceding clause (i), by striking ``in--
        '' and inserting ``--'';
            (2) in clause (i)--
                    (A) by inserting ``in'' after ``(i)''; and
                    (B) by striking ``or'' at the end;
            (3) in clause (ii)--
                    (A) by inserting ``in'' after ``(ii)''; and
                    (B) by striking the period at the end and inserting 
                ``, including any debt that qualifies for refinancing 
                under any other provision of this subsection; or''; and
            (4) by adding at the end the following:
                            ``(iii) by providing working capital.''.
    (c) Collateral.--Section 7(a)(16)(B) of the Small Business Act (15 
U.S.C. 636(a)(16)(B)) is amended--
            (1) by striking ``Each loan'' and inserting the following:
                            ``(i) In general.--Except as provided in 
                        clause (ii), each loan''; and
            (2) by adding at the end the following:
                            ``(ii) Exception.--A loan under this 
                        paragraph may be secured by a second lien 
                        position on the property or equipment financed 
                        by the loan or on other assets of the small 
                        business concern, if the Administrator 
                        determines the lien provides adequate assurance 
                        of the payment of the loan.''.

SEC. 5. SENSE OF CONGRESS RELATING TO ASSISTANT UNITED STATES TRADE 
              REPRESENTATIVE FOR SMALL BUSINESS.

    (a) Findings.--Congress finds the following:
            (1) According to the Office of Advocacy of the Small 
        Business Administration, small business concerns (as that term 
        is defined in section 3 of the Small Business Act (15 U.S.C. 
        632)) represent 97 percent of all exporters in the United 
        States and account for 29 percent of the total exporting 
        volume. Despite the overwhelming majority of exporters that are 
        small business concerns, fewer than 1 percent of all small 
        business concerns in the United States are engaged in trade-
        related business activities.
            (2) According to the Office of Advocacy of the Small 
        Business Administration, more than 72 percent of all exporters 
        in the United States employ fewer than 20 employees. Small 
        business concerns often do not have the sales volume or 
        resources to overcome the costs of trade barriers and overhead 
        expenses in international transactions, nor can small business 
        concerns afford to maintain employees with international trade 
        expertise to resolve trade problems.
            (3) Small business advocacy groups often lack political 
        influence in foreign countries, which hinders efforts to solve 
        problems outside the legal process. Small business advocates 
        are not as visible or vocal on issues relating to international 
        trade as are the advocates for other issues, due to a lack of 
        resources for advocacy.
            (4) In 1988, Congress passed section 8012 of the Omnibus 
        Trade and Competitiveness Act of 1988 (15 U.S.C. 631 note), 
        which expressed the sense of Congress that the United States 
        Trade Representative should appoint a special trade assistant 
        for small business. As of June 2009, the position has not been 
        established by the United States Trade Representative.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States Trade Representative should establish the position of Assistant 
United States Trade Representative for Small Business, to--
            (1) promote the trade interests of small business concerns;
            (2) identify and address foreign trade barriers that impede 
        the exportation of goods by small business concerns;
            (3) ensure that small business concerns are adequately 
        represented during trade negotiations by the United States 
        Trade Representative; and
            (4) coordinate with other Federal agencies that are 
        responsible for providing information or assistance to small 
        business concerns.
                                 <all>