[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1546 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1546
To establish an export credit insurance program in the Small Business
Administration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 10, 2015
Mr. Vitter introduced the following bill; which was read twice and
referred to the Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To establish an export credit insurance program in the Small Business
Administration.
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 ``Ensuring Small Businesses Can Export
Act of 2015''.
SEC. 2. FINDINGS.
(a) In General.--Congress finds that--
(1) the Export-Import Bank of the United States
administers--
(A) the Working Capital Loan Guarantee Program,
which--
(i) facilitates finance for businesses, in
particular small businesses, that have
exporting potential but need working capital
funds to produce or market goods or services
for export;
(ii) provides repayment guarantees to
lenders on short- and medium-term working
capital loans made to qualified exporters,
which loans are secured by export-related
accounts receivable and inventory;
(iii) provides a guarantee of up to 90
percent of the principal and interest on a loan
made to an exporter by a private lender for
export-related accounts receivable; and
(iv) provides a guarantee of up to 75
percent for export-related inventory;
(B) the Global Credit Express Loan Program, which
provides direct working capital loans to small
businesses for a 6- or 12-month revolving line of
credit of not more than $500,000; and
(C) the Export Credit Insurance Program, which--
(i) extends credit terms to foreign
customers;
(ii) insures against nonpayment by
international buyers;
(iii) covers both commercial and political
losses with a 95-percent guarantee; and
(iv) arranges financing through a lender by
using insured receivables as additional
collateral;
(2) the export loan programs of the Export-Import Bank of
the United States described in subparagraphs (A), (B), and (C)
of paragraph (1) are less appealing to small businesses due to
lending restrictions on loans under those programs, which
provide that--
(A) the loans may not be used when the export
product being financed has less than 50-percent United
States content;
(B) the loans may not be used to finance sales to
foreign military buyers, with which a growing number of
small businesses are contracting; and
(C) contracts and purchase orders supported by
letters of credit may not be used in determining the
borrowing base; and
(3) the Small Business Administration administers--
(A) the Export Working Capital Program, established
under section 7(a)(14) of the Small Business Act (15
U.S.C. 636(a)(14)), which provides short-term working
capital, including revolving lines of credit, of not
more than $5,000,000 with a 90-percent guarantee;
(B) the International Trade Loan Program,
established under section 7(a)(16) of the Small
Business Act (15 U.S.C. 636(a)(16)), which provides
financing of not more than $5,000,000 with a 90-percent
guarantee for fixed assets, or to improve a competitive
position that has been adversely affected by import
competition; and
(C) the Export Express Program, established under
7(a)(34) of the Small Business Act (15 U.S.C.
636(a)(34)), under which--
(i) exporters are provided with a
streamlined method to obtain financing backed
by the Small Business Administration for loans
and lines of credit of not more than $500,000;
(ii) lenders use their own credit decision
process and loan documentation;
(iii) the Small Business Administration
determines eligibility and provides a loan
approval in 36 hours or less; and
(iv) the guarantee is 90 percent for a loan
that is not more than $350,000 and 75 percent
for a loan that is more than $350,000 and not
more than $500,000.
(b) Additional Findings.--Congress further finds that--
(1) the export loan programs of the Small Business
Administration described in subparagraphs (A), (B), and (C) of
subsection (a)(3)--
(A) are not restricted by the limitations described
in subparagraphs (A), (B), and (C) of subsection
(a)(2); and
(B) should be commended for their flexibility,
quick turnaround times, and the one-on-one assistance
from Small Business Administration personnel in
structuring loan deals, negotiating payment terms, and
ensuring that the financial needs of small businesses
are met;
(2) the Export-Import Bank of the United States only has
Regional Export Finance Managers co-located in 12 Department of
Commerce United States Export Assistance Centers, whereas the
Small Business Administration--
(A) has Regional Export Finance Managers co-located
in 20 United States Export Assistance Centers; and
(B) currently has Regional Export Finance Managers
co-located in 10 additional United States Export
Assistance Center locations that the Export-Import Bank
of the United States does not, including in--
(i) Arlington, Virginia;
(ii) Boston, Massachusetts;
(iii) Charlotte, North Carolina;
(iv) Cleveland, Ohio;
(v) Denver, Colorado;
(vi) Los Angeles, California;
(vii) New Orleans, Louisiana;
(viii) Philadelphia, Pennsylvania;
(ix) Portland, Oregon; and
(x) St. Louis, Missouri;
(3) the Small Business Jobs Act of 2010 (15 U.S.C. 631
note) increased the maximum loan size under the 2 largest
export loan programs administered by the Small Business
Administration to $5,000,000, which could cover approximately
80 percent of all small business export loans currently
guaranteed by taxpayers through the Export-Import Bank of the
United States;
(4) the export loan programs administered by the Small
Business Administration and the export loan programs
administered the Export-Import Bank of the United States are--
(A) duplicative of each other, except for the
Export Credit Insurance Program of the Export-Import
Bank of the United States; and
(B) under the current structure, competing against
each other for small business clients; and
(5) the Export Credit Insurance Program of the Export-
Import Bank of the United States is a vital component of export
loan programs.
(c) Declaration of Policy.--It is hereby declared to be the policy
of this Act--
(1) that, should the statutory authority for the export
loan programs administered by the Export-Import Bank of the
United States lapse, the Small Business Administration shall
serve the small business clients of the Export-Import Bank of
the United States under existing statutory authority of the
Small Business Act (15 U.S.C. 631 et seq.);
(2) to create an Export Credit Insurance Program within the
Small Business Administration similar to the Export Credit
Insurance Program of the Export-Import Bank of the United
States; and
(3) to ensure that small business exporters are served by
the programs of the Small Business Administration.
SEC. 3. EXPORT CREDIT INSURANCE PROGRAM.
Section 22 of the Small Business Act (15 U.S.C. 649) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Export Credit Insurance Program.--
``(1) In general.--The Administrator shall establish a
program under which the Administration shall provide insurance
for the exports of small business concerns, including insurance
against nonpayment by international buyers.
``(2) Regulations.--Not later than 90 days after the date
of enactment of this subsection, the Administrator shall
promulgate regulations to carry out the program established
under paragraph (1), which shall be, to the maximum extent
practicable, substantially similar to the Export Credit
Insurance Program of the Export-Import Bank of the United
States, as in effect on the day before the date of enactment of
this subsection.''.
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