[Congressional Record Volume 155, Number 84 (Monday, June 8, 2009)]
[Senate]
[Pages S6267-S6271]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE:
  S. 1208. A bill to amend the Small Business Act to improve export 
growth opportunities for small businesses, and for other purposes; to 
the Committee on Small Business and Entrepreneurship.
  Ms. SNOWE. Mr. President, I rise today to introduce the Small 
Business Export Opportunity Act of 2009, a measure that would provide 
improved and expanded support for small businesses, through critical 
programs and reforms, to help them compete globally and export their 
goods and services to foreign markets.
  As Ranking Member of the Senate Committee on Small Business and 
Entrepreneurship, and as a senior member of both the Senate Finance and 
Commerce Committees, one of my top priorities is to ensure that small 
businesses get the promised benefits of our international trade 
relationships and are able to compete in the world economy.
  While globalization has created opportunities for small businesses to 
sell their goods and services in new markets, not enough small 
businesses are taking advantage of these international opportunities. 
In fact, according to the U.S. Department of Commerce, only 266,457 of 
the approximately 27 million small businesses, or less than 1 percent, 
currently sell their products to foreign buyers. Small businesses are a 
vital source of economic growth and job creation, generating 
approximately 75 percent of net new jobs each year. Small businesses 
are essential to our economic recovery, and we must help them take 
advantage of all potential opportunities, including those in foreign 
markets.
  Small businesses face particular challenges in exporting. It can be 
difficult for small exporting firms to secure the working capital 
needed to fulfill foreign purchase orders, for instance, because many 
lenders will not lend against export orders or export receivables. 
Small business owners may not know how to connect with foreign buyers, 
or may not have the time or resources necessary to understand other 
countries' rules and regulations.
  Currently, Federal programs are grossly inadequate at helping small 
businesses overcome the challenges of exporting. This legislation gives 
small businesses the resources and assistance needed to explore 
potential export opportunities, or to expand their current export 
business.
  The bill includes provisions I have supported for many years, during 
my tenure as both Chair and Ranking Member of the Senate Small Business 
Committee. For instance, I first introduced legislation in 2001, in the 
107th Congress, to establish a U.S. Trade Representative for Small 
Business, in order to ensure that small business interests are 
reflected in U.S. trade policy and trade agreement negotiations. The 
legislation I am introducing today includes this vital provision.
  The legislation also includes provisions from bills I have introduced 
in past Congresses, since the 109th, to elevate the head of the Small 
Business Administration, SBA, office responsible for trade and export 
programs to the Associate administrator-level, reporting directly to 
the administrator. It also includes provisions requiring that the SBA 
immediately fill its trade specialist positions that have been vacant 
for years.

[[Page S6268]]

  The Small Business Export Opportunity Act of 2009 would also bolster 
the SBA's technical assistance programs, and will improve export 
financing programs so that small businesses have access to capital 
needed to support export sales. Furthermore, the legislation increases 
the coordination among other federal agencies--the Department of 
Commerce, the Office of the U.S. Trade Representative, and the Export-
Import Bank--to ensure that small businesses benefit from all the 
export assistance the Federal Government offers.
  The legislation also provides small businesses with matching grants, 
of up to $5,000, for expenses relating to activities that help them 
start or expand export activity. It creates a new Office of Small 
Business Development and Promotion at the SBA, and it improves the 
SBA's network of international trade counselors. This legislation 
increases the maximum size of SBA-guaranteed export working capital and 
international trade loans, and it establishes a permanent Export 
Express program. It also establishes a program to provide support for 
small businesses related to trade disputes and unfair international 
trade practices.
  Small businesses can survive, diversify, and compete effectively in 
the international marketplace by developing an export business. But, as 
I mentioned, too few small businesses are expanding into international 
markets. This legislation will help small business owners take the 
crucial steps of finding international buyers for their goods and 
services and will enable small business owners to secure the financing 
needed to fill orders from foreign buyers.
  This investment could yield tremendous returns for our economy. The 
U.S. spends just \1/6\ of the international average among developed 
countries in promoting small businesses exports. Every additional 
dollar spent on export promotion results in a 40-fold increase in 
exports, according to a World Bank study.
  We cannot overlook the impact of trade on small businesses. An 
investment in small business exporting assistance is an investment in 
our economy. This legislation will help small businesses stay 
competitive, help them grow, and speed the recovery of our economy as a 
whole. I ask all of my Senate colleagues to support this vital 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1208

       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 Export 
     Opportunity Development Act of 2009''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) 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));
       (3) the term ``export loan programs'' means the programs of 
     the Administration under paragraphs (14) and (16) of section 
     7(a) of the Small Business Act (15 U.S.C. 636(a)) and section 
     22 of that Act (15 U.S.C. 649), as amended by this Act; and
       (4) the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act (15 U.S.C. 
     632).

     SEC. 3. OFFICE OF SMALL BUSINESS EXPORT DEVELOPMENT AND 
                   PROMOTION.

       (a) Office of Small Business Export Development and 
     Promotion.--Section 22 of the Small Business Act (15 U.S.C. 
     649) is amended to read as follows:

     ``SEC. 22. OFFICE OF SMALL BUSINESS EXPORT DEVELOPMENT AND 
                   PROMOTION.

       ``(a) Definitions.--In this section--
       ``(1) the term `accredited export assistance program' means 
     a program--
       ``(A) that provides counseling and assistance relating to 
     exporting to small business concerns; and
       ``(B) in which not less than 20 percent of the technical 
     assistance staff members are certified in providing export 
     assistance under subsection (g)(2);
       ``(2) the term `Associate Administrator' means the 
     Associate Administrator for Export Development and Promotion;
       ``(3) 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));
       ``(4) the term `export development officer' means an 
     individual described in subsection (d)(8);
       ``(5) the term `Office' means the Office of Export 
     Promotion and Development established under subsection 
     (b)(1); and
       ``(6) the term `Service Corps of Retired Executives' means 
     the Service Corps of Retired Executives authorized by section 
     8(b)(1).
       ``(b) Office Established.--
       ``(1) Establishment.--There is established within the 
     Administration an Office of Export Promotion and Development, 
     which shall carry out the programs under this section.
       ``(2) Associate administrator.--The head of the Office 
     shall be the Associate Administrator for Export Development 
     and Promotion, who shall report directly to the 
     Administrator.
       ``(c) Duties of Office.--The Associate Administrator, 
     working in close cooperation with the Department of Commerce, 
     the United States Trade Representative, the Export-Import 
     Bank, other relevant Federal agencies, small business 
     development centers, regional and district offices of the 
     Administration, the small business community, and relevant 
     State and local export promotion programs, shall--
       ``(1) maintain a distribution network for export promotion, 
     export finance, trade adjustment, trade remedy assistance, 
     and export data collection programs through use of the 
     regional and district offices of the Administration, the 
     small business development center network, the network of 
     women's business centers, chapters of the Service Corps of 
     Retired Executives, and Export Assistance Centers;
       ``(2) aggressively market the programs described in 
     paragraph (1) and disseminate information, including 
     computerized marketing data, to the small business community 
     on exporting trends, market-specific growth, industry trends, 
     and international prospects for exports;
       ``(3) 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 partnerships with people in 
     the private sector; and
       ``(4) give preference in hiring or approving the transfer 
     of any employee into the Office or to an export development 
     officer position to otherwise qualified applicants who are 
     fluent in a language in addition to English, who shall--
       ``(A) accompany foreign trade missions, if designated by 
     the Associate Administrator; and
       ``(B) be available as needed to translate documents, 
     interpret conversations, and facilitate multilingual 
     transactions, including providing referral lists for 
     translation services, if required.
       ``(d) Promotion of Sales Opportunities.--The Associate 
     Administrator shall promote sales opportunities for small 
     business goods and services abroad by--
       ``(1) in cooperation with the Department of Commerce, other 
     relevant agencies, regional and district offices of the 
     Administration, the small business development center 
     network, and State programs, developing a mechanism for--
       ``(A) identifying sub-sectors 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 in increasing international marketing by 
     disseminating relevant information regarding market leads, 
     linking potential sellers and buyers, and catalyzing the 
     formation of joint ventures, where appropriate;
       ``(2) in cooperation with the Department of Commerce, 
     actively assisting small business concerns in forming and 
     using export trading companies, export management companies 
     and research and development pools authorized under section 9 
     of this Act;
       ``(3) working in conjunction with other Federal agencies, 
     regional and district offices of the Administration, the 
     small business development center network, and the private 
     sector to identify and publicize translation services, 
     including those available through colleges and universities 
     participating in the small business development center 
     program;
       ``(4) working closely with the Department of Commerce and 
     other relevant Federal agencies to--
       ``(A) collect, analyze, and periodically update relevant 
     data regarding the small business share of United States 
     exports and the nature of State exports (including the 
     production of Gross State Product figures) and disseminate 
     that data to the public and to Congress;
       ``(B) make recommendations to the Secretary of Commerce and 
     to Congress regarding revision of the North American Industry 
     Classification System codes to encompass industries currently 
     overlooked and to create North American Industry 
     Classification System codes for export trading companies and 
     export management companies;
       ``(C) improve the utility and accessibility of export 
     promotion programs for small business concerns; and

[[Page S6269]]

       ``(D) increase the accessibility of the Export Trading 
     Company contact facilitation service;
       ``(5) making available to the small business community 
     information regarding conferences on exporting and 
     international trade sponsored by the public and private 
     sector;
       ``(6) providing small business concerns with access to up 
     to date and complete export information by--
       ``(A) making available at the district offices of the 
     Administration, through cooperation with the Department of 
     Commerce, export information, including the worldwide 
     information and trade system and world trade data reports;
       ``(B) maintaining a list of financial institutions that 
     finance export operations;
       ``(C) maintaining a directory of all Federal, regional, 
     State and private sector programs that provide export 
     information and assistance to small business concerns; and
       ``(D) preparing and publishing such reports as it 
     determines to be necessary concerning market conditions, 
     sources of financing, export promotion programs, and other 
     information pertaining to the needs of small business export 
     firms so as to insure that the maximum information is made 
     available to small business concerns in a readily usable 
     form;
       ``(7) encouraging, in cooperation with the Department of 
     Commerce, greater small business participation in trade 
     fairs, shows, missions, and other domestic and overseas 
     export development activities of the Department of Commerce; 
     and
       ``(8) facilitating decentralized delivery of export 
     information and assistance to small businesses by assigning 
     primary responsibility for export development to one 
     individual in each district office, who shall--
       ``(A) assist small business concerns in obtaining export 
     information and assistance from other Federal departments and 
     agencies;
       ``(B) maintain a directory of all programs which provide 
     export information and assistance to small business concerns 
     in the region;
       ``(C) encourage financial institutions to develop and 
     expand programs for export financing;
       ``(D) provide advice to personnel of the Administration 
     involved in making loans, loan guarantees, and extensions and 
     revolving lines of credit, and providing other forms of 
     assistance to small business concerns engaged in exports; and
       ``(E) not later than 120 days after the date on which the 
     person is appointed as an export development officer, and not 
     less frequently than once each year thereafter, participate 
     in training programs designed by the Administrator, in 
     conjunction with the Department of Commerce and other Federal 
     departments and agencies, to study export programs and to 
     examine the needs of small business concerns for export 
     information and assistance;
       ``(9) carrying out a nationwide marketing effort to promote 
     exporting as a business development opportunity for small 
     business concerns that uses technology, online resources, 
     training, and other strategies;
       ``(10) disseminating 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, State and local export promotion programs, and 
     partners in the private sector regarding exporting trends, 
     market-specific growth, industry trends, and prospects for 
     exporting;
       ``(11) establishing and carrying out training programs for 
     the staff of the district offices of the Administration and 
     resource partners of the Administration on export promotion 
     and providing assistance relating to exports.
       ``(e) Export Finance Specialist Program.--
       ``(1) Export finance specialist program.--The Associate 
     Administrator shall work in cooperation with the Export-
     Import Bank of the United States, the Department of Commerce, 
     other relevant Federal agencies, and the States to develop a 
     program through which export finance specialists in the 
     district offices of the Administration, regional and local 
     loan officers, and small business development center 
     personnel can facilitate the access of small business 
     concerns to relevant export financing programs of the Export-
     Import Bank of the United States and to export and pre-export 
     financing programs available from the Administration and the 
     private sector.
       ``(2) Program activities.--To carry out paragraph (1), the 
     Associate Administrator shall work in cooperation with the 
     Export-Import Bank of the United States and the small 
     business community, including small business trade 
     associations, to--
       ``(A) aggressively market Administration export financing 
     and pre-export financing programs;
       ``(B) identify financing available under various programs 
     of the Export-Import Bank of the United States, and 
     aggressively market those programs to small business 
     concerns;
       ``(C) assist in the development of financial intermediaries 
     and facilitate the access of those intermediaries to 
     financing programs;
       ``(D) promote greater participation by private financial 
     institutions, particularly those institutions already 
     participating in loan programs under this Act, in export 
     finance; and
       ``(E) provide for the participation of appropriate 
     Administration personnel in training programs conducted by 
     the Export-Import Bank of the United States.
       ``(f) Counseling for Small Business Concerns.--The 
     Associate Administrator shall--
       ``(1) work in cooperation with other Federal agencies and 
     the private sector to counsel small business concerns with 
     respect to initiating and participating in any proceedings 
     relating to the administration of the United States trade 
     laws; and
       ``(2) work with the Department of Commerce, the Office of 
     the United States Trade Representative, and the International 
     Trade Commission to increase access to trade remedy 
     proceedings for small business concerns.
       ``(g) Export Assistance Programs.--
       ``(1) In general.--The Associate Administrator shall 
     require, as part of the agreement under section 21, that each 
     small business development center has an accredited export 
     assistance program.
       ``(2) Certification.--The Associate Administrator shall 
     certify technical assistance staff members of small business 
     development centers in providing export assistance, in 
     accordance with such criteria as the Associate Administrator 
     may establish.
       ``(3) Training.--The Associate Administrator shall provide 
     training relating to export assistance programs at the annual 
     conference of small business development centers.
       ``(4) Report.--The Associate Administrator shall submit an 
     annual report to Congress that includes--
       ``(A) the number of small business concerns assisted by 
     accredited export assistance programs;
       ``(B) the export revenue generated by small business 
     concerns assisted by accredited export assistance programs; 
     and
       ``(C) an estimate of the number of jobs created or retained 
     because of assistance provided by accredited export 
     assistance programs.
       ``(h) Export Assistance Officer.--The Associate 
     Administrator shall--
       ``(1) assign an export assistance officer with training in 
     export assistance and marketing to each district office of 
     the Administration, who shall--
       ``(A) conduct training and information sessions for small 
     business concerns interested in exporting; and
       ``(B) conduct outreach to small business concerns with the 
     potential to export; and
       ``(2) provide annual training for export assistance 
     officers.
       ``(i) Export Development Grant Program.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `eligible small-business concern' means a 
     small-business concern--
       ``(i) that--

       ``(I) has been in business for not less than 1 year;
       ``(II) has profitable domestic sales;
       ``(III) has demonstrated understanding of the costs 
     associated with exporting and doing business with foreign 
     purchasers, including the costs of freight forwarding, 
     customs brokers, packing and shipping, as determined by the 
     Administrator; and
       ``(IV) has in place a strategic plan for exporting;

       ``(ii) an employee of which has completed an accredited 
     export assistance program; and
       ``(iii) that agrees to provide to the Associate 
     Administrator such information and documentation as is 
     necessary for the Associate Administrator to determine that 
     the small-business concern is in compliance with the internal 
     revenue laws of the United States;
       ``(B) the term `export initiative' includes--
       ``(i) participation in a trade mission;
       ``(ii) a foreign market sales trip;
       ``(iii) a subscription to services provided by the 
     Department of Commerce;
       ``(iv) the payment of website translation fees;
       ``(v) the design of international marketing media;
       ``(vi) a trade show exhibition; and
       ``(vii) participation in training workshops; and
       ``(C) the term `small-business concern' has the same 
     meaning as in section 103 of the Small Business Investment 
     Act of 1958 (15 U.S.C. 662).
       ``(2) Grant program.--The Associate Administrator shall 
     establish an export development grant program, under which 
     the Associate Administrator may make grants to eligible 
     small-business concerns to enhance the capability of the 
     eligible small-business concerns to be globally competitive, 
     increase business internationally, and increase export sales.
       ``(3) Application.--An eligible small-business concern that 
     desires a grant under this subsection shall submit to the 
     Associate Administrator at such time and in such manner as 
     the Associate Administrator shall prescribe an application 
     that identifies not less than 1 specific, achievable export 
     initiative that the eligible small-business concern will 
     carry out using a grant under this subsection.
       ``(4) Amount.--A grant under this subsection may not exceed 
     $5,000.
       ``(5) Matching funds.--The Federal share of the cost of an 
     export initiative carried out with a grant under this 
     subsection shall be not more than 50 percent. The non-Federal 
     share of the cost of an activity carried out

[[Page S6270]]

     with a grant under this subsection may be in kind or in cash.
       ``(6) Information and documentation.--An eligible small-
     business concern that receives a grant under this subsection 
     shall provide to the Associate Administrator--
       ``(A) receipts for all expenditures made with the grant; 
     and
       ``(B) information relating to any export sales resulting 
     from the grant.
       ``(7) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $25,000,000 for fiscal year 2010 and each fiscal year 
     thereafter.
       ``(j) Performance Measures.--
       ``(1) 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--
       ``(A) the number of small business concerns that--
       ``(i) receive assistance from the Administration;
       ``(ii) had not exported goods or services before receiving 
     the assistance described in clause (i); and
       ``(iii) export goods or services;
       ``(B) 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;
       ``(C) export revenues by small business concerns assisted 
     by programs of the Administration;
       ``(D) the number of small business concerns referred to an 
     Export Assistance Center or a small business development 
     center by the staff of the Office; and
       ``(E) the number of small business concerns referred to the 
     Administration by an Export Assistance Center or a small 
     business development center.
       ``(2) 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 described in 
     paragraph (1), that is consistent with systems used by the 
     departments and agencies and the network.
       ``(3) Reports.--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 includes--
       ``(A) a detailed account of the information relating to the 
     performance measures described in paragraph (1); and
       ``(B) a description of the export assistance and services 
     provided to small business concerns by the Administration.
       ``(k) Report.--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 on the progress of 
     the Administration in implementing the requirements under 
     this section.
       ``(l) Discharge of Administration Export Promotion 
     Responsibilities.--The Administrator shall ensure that--
       ``(1) the responsibilities of the Administration regarding 
     international trade and exporting are carried out through 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 the staff of the Office, and over any 
     employee of the Administration whose principal duty station 
     is an Export Assistance Center or any successor entity.''.
       (b) Export Development Officers.--
       (1) Appointment.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall ensure that 
     export development officers are assigned to each district 
     office of the Administration, in accordance with section 
     22(d)(8) of the Small Business Act, as amended by this 
     section.
       (2) Definition.--In this subsection, the term ``export 
     development officer'' has the meaning given that term in 
     section 22 of the Small Business Act (15 U.S.C. 649), as 
     amended by this Act.
       (c) Export Assistance Centers.--
       (1) Vacant positions.--Not later than 90 days after the 
     date of enactment of this Act, the Administrator shall ensure 
     that the number of full-time equivalent employees of the 
     Office of Export Development and Promotion assigned to the 
     Export Assistance Centers is not less than the number of such 
     employees so assigned on January 1, 2003.
       (2) Export development officers.--Not later than 2 years 
     after the date of enactment of this Act, the Administrator, 
     in coordination with the Secretary of Commerce, shall ensure 
     that export finance specialists are assigned to not fewer 
     than 40 Export Assistance Centers.
       (3) Study.--Not later than 6 months after the date of 
     enactment of this Act, the Associate Administrator for Export 
     Development and Promotion shall carry out a nationwide study 
     to evaluate where additional export finance specialists are 
     needed.
       (4) Definition.--In this subsection, the term ``export 
     finance specialist'' means an export finance specialist 
     described in section 22(e)(1) of the Small Business Act (15 
     U.S.C. 649(e)(1)), as amended by this section.
       (d) Appointment of Associate Administrator.--Not later than 
     90 days after the date of enactment of this Act, the 
     Administrator shall appoint an Associate Administrator for 
     Export Development and Promotion under section 22 of the 
     Small Business Act (15 U.S.C. 649), as amended by this 
     section.
       (e) Technical and Conforming Amendments.--
       (1) Number of associate administrators.--Section 4(b)(1) of 
     the Small Business Act (15 U.S.C. 633(b)(1)) is amended--
       (A) in the fifth sentence, by striking ``five''; and
       (B) by adding at the end the following: ``One of the 
     Associate Administrators shall be the Associate Administrator 
     for Export Development and Promotion, who shall be the head 
     of the Office of Export Development and Promotion established 
     under section 22.''.
       (2) Role of associate administrator in carrying out 
     international trade and export 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 ``through 
     the Associate Administrator for Export Development and 
     Promotion of'' before ``the Small Business Administration''.

     SEC. 4. EXPORT FINANCE PROGRAMS.

       (a) Export Working Capital Program.--Section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)) is amended--
       (1) in paragraph (2)(D), by striking ``not exceed'' and 
     inserting ``be''; and
       (2) in paragraph (14)--
       (A) by striking ``(A) The Administration'' and inserting 
     the following: ``Export working capital program.--
       ``(A) In general.--The Administrator'';
       (B) by striking ``(B) When considering'' and inserting the 
     following:
       ``(C) Considerations.--When considering'';
       (C) by striking ``(C) The Administration'' and inserting 
     the following:
       ``(D) Marketing.--The Administrator''; and
       (D) by inserting after subparagraph (A) the following:
       ``(B) Terms.--
       ``(i) Loan amount.--The Administrator may not guarantee a 
     loan under this paragraph of more than $5,000,000.
       ``(ii) Fees.--

       ``(I) In general.--For a loan under this paragraph, the 
     Administrator shall collect the fee assessed under paragraph 
     (23) not more frequently than once each year.
       ``(II) Untapped credit.--The Administrator may not assess a 
     fee on capital that is not accessed by the small business 
     concern.''.

       (b) Participation in Preferred Lenders Program.--Section 
     7(a)(2)(C) of the Small Business Act (15 U.S.C. 636(a)(2)(C)) 
     is amended--
       (1) by redesignating clause (ii) as clause (iii); and
       (2) by inserting after clause (i) the following:
       ``(ii) Export-import bank lenders.--Any lender that is 
     participating in the Delegated Authority Lender Program of 
     the Export-Import Bank of the United States (or any successor 
     to the Program) shall be eligible to participate in the 
     Preferred Lenders Program.''.
       (c) Export Express Program.--Section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)) is amended--
       (1) by striking ``(32) Increased veteran'' and inserting 
     ``(33) Increased veteran''; and
       (2) by adding at the end the following:
       ``(34) Export express program.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `export development activity' includes--

       ``(I) obtaining a standby letter of credit when required as 
     a bid bond, performance bond, or advance payment guarantee;
       ``(II) participation in a trade show that takes place 
     outside the United States;
       ``(III) translation of product brochures or catalogues for 
     use in markets outside the United States;
       ``(IV) obtaining a general line of credit for export 
     purposes;
       ``(V) performing a service contract from buyers located 
     outside the United States;
       ``(VI) obtaining transaction-specific financing associated 
     with completing export orders;
       ``(VII) purchasing real estate or equipment to be used in 
     the production of goods or services for export;
       ``(VIII) providing term loans or other financing to enable 
     a small business concern, including an export trading company 
     and an export management company, to develop a market outside 
     the United States; and
       ``(IX) acquiring, constructing, renovating, modernizing, 
     improving, or expanding a production facility or equipment to 
     be used in the United States in the production of goods or 
     services for export; and

       ``(ii) the term `express loan' means a loan in which a 
     lender uses to the maximum extent practicable the loan 
     analyses, procedures, and documentation of the lender to 
     provide expedited processing of the loan application.
       ``(B) Authority.--The Administrator may guarantee the 
     timely payment of an express

[[Page S6271]]

     loan to a small business concern made for an export 
     development activity.
       ``(C) Level of participation.--
       ``(i) Maximum amount.--The maximum amount of an express 
     loan guaranteed under this paragraph shall be $500,000.
       ``(ii) Percentage.--For an express loan guaranteed under 
     this paragraph, the Administrator shall guarantee--

       ``(I) 90 percent of a loan that is not more than $350,000; 
     and
       ``(II) 75 percent of a loan that is more than $350,000 and 
     not more than $500,000.''.

       (d) International Trade Loans.--Section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)) is amended--
       (1) in paragraph (3)(B), by striking ``$1,750,000, of which 
     not more than $1,250,000'' and inserting ``$5,000,000, of 
     which not more than $4,000,000''; and
       (2) in paragraph (16)--
       (A) in subparagraph (B), by striking ``a first lien 
     position'' and all that follows and inserting ``such 
     collateral as is determined adequate by the Administrator.'';
       (B) in subparagraph (D), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) is confronting--

       ``(I) increased competition with foreign firms in the 
     relevant market; or
       ``(II) an unfair trade practice by a foreign firm, 
     particularly intellectual property violations; and

       ``(ii) is injured by the competition or unfair trade 
     practice.''; and
       (C) by adding at the end the following:
       ``(F) Guarantee.--For a loan guaranteed under this 
     paragraph, the Administrator shall guarantee 90 percent of 
     the loan.
       ``(G) Definition.--In this paragraph, the term `small 
     business concern' has the meaning given the term `small-
     business concern' in section 103 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 662).''.
       (e) Technical and Conforming Amendments.--Section 7 of the 
     Small Business Act (15 U.S.C. 636) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A), in the matter preceding clause 
     (i), by inserting ``or (D) of this paragraph or in paragraph 
     (16) or (34)'' after ``in subparagraph (B)''; and
       (B) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``No'' and inserting ``Except as provided in 
     paragraph (14)(B), no''; and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (D), by striking ``Lender'' and 
     inserting ``Lenders'';
       (ii) in subparagraph (E)--

       (I) by striking ``Lender'' and inserting ``Lenders''; and
       (II) by striking ``subsection (a)(2)(C)(ii)'' and inserting 
     ``subsection (a)(2)(C)(iii)''; and

       (B) in paragraph (7)(B)(ii), by striking ``Lender'' and 
     inserting ``Lenders''.

     SEC. 5. MARKETING OF EXPORT LOANS.

       The Administrator shall make efforts to expand the network 
     of lenders participating in the export loan programs, 
     including by--
       (1) conducting outreach to regional and community lenders 
     through the staff of the Administration assigned to Export 
     Assistance Centers or to district offices of the 
     Administration;
       (2) developing a lender training program regarding the 
     export loan programs for employees of lenders;
       (3) simplifying and streamlining the application, 
     processing, and reporting processes for the export loan 
     programs; and
       (4) establishing online, paperless processing and 
     application submission for the export loan programs.

     SEC. 6. SMALL BUSINESS TRADE POLICY.

       (a) Assistant United States Trade Representative for Small 
     Business.--Section 141(c) of the Trade Act of 1974 (19 U.S.C. 
     2171(c)) is amended--
       (1) by adding at the end the following:
       ``(6)(A) There is established within the Office the 
     position of Assistant United States Trade Representative for 
     Small Business, who shall be appointed by the United States 
     Trade Representative.
       ``(B) The Assistant United States Trade Representative for 
     Small Business shall--
       ``(i) promote the trade interests of small-business 
     concerns (as that term is defined in section 103 of the Small 
     Business Investment Act of 1958 (15 U.S.C. 662));
       ``(ii) advocate for the reduction of foreign trade barriers 
     with regard to the trade issues of small-business concerns 
     that are exporters;
       ``(iii) collaborate with the Administrator of the Small 
     Business Administration with regard to the trade issues of 
     small-business concern trade issues;
       ``(iv) assist the United States Trade Representative in 
     developing trade policies that increase opportunities for 
     small-business concerns in foreign and domestic markets, 
     including polices that reduce trade barriers for small-
     business concerns; and
       ``(v) perform such other duties as the United States Trade 
     Representative may direct.''; and
       (2) by moving paragraph (5) 2 ems to the left.
       (b) Trade Promotion Coordinating Committee.--
       (1) Detailee.--Section 2312 of the Export Enhancement Act 
     of 1988 (15 U.S.C. 4727) is amended by adding at the end the 
     following:
       ``(g) Small Business Administration.--The Administrator of 
     the Small Business Administration shall detail an employee of 
     the Small Business Administration having expertise in export 
     promotion to the TPCC to encourage the TPCC to--
       ``(1) collaborate with the Small Business Administration 
     with regard to trade promotion efforts; and
       ``(2) consider the interests of small-business concerns (as 
     that term is defined in section 103 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 662)) in the development of 
     trade promotion policies and programs.''.
       (2) National export strategy.--Section 2312 of the Export 
     Enhancement Act of 1988 (15 U.S.C. 4727) is amended--
       (A) in subsection (c)--
       (i) in paragraph (5), by striking ``and'' at the end;
       (ii) in paragraph (6), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(7) include an export strategy for small-business 
     concerns (as that term is defined in section 103 of the Small 
     Business Investment Act of 1958 (15 U.S.C. 662)), which 
     shall--
       ``(A) be developed by the Administrator of the Small 
     Business Administration; and
       ``(B) include strategies to--
       ``(i) increase export opportunities for small-business 
     concerns;
       ``(ii) protect small-business concerns from unfair trade 
     practices, including intellectual property violations;
       ``(iii) assist small-business concerns with international 
     regulatory compliance requirements;
       ``(iv) coordinate policy and program efforts throughout the 
     United States with the TPCC, the Department of Commerce, and 
     the Export Import Bank of the United States.''; and
       (B) in subsection (f), in paragraph (1), by inserting 
     ``(including implementation of the export strategy for small 
     business concerns described in paragraph (7) of that 
     subsection)'' after ``the implementation of such plan''.
       (c) Recommendations on Trade Agreements.--
       (1) Notification by ustr.--Not later than 90 days before 
     the United States Trade Representative begins a negotiation 
     with regard to any trade agreement, the United States Trade 
     Representative shall notify the Administrator of the date the 
     negotiation will begin.
       (2) Recommendations.--Not later than 30 days before the 
     United States Trade Representative begins a negotiation with 
     regard to any trade agreement, the Administrator shall 
     present to the United States Trade Representative 
     recommendations relating to the needs and concerns of small 
     business concerns that are exporters.
       (d) 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--
       (1) directing the district offices of the Administration to 
     provide referrals, information, and other services to small 
     business concerns relating to the mechanisms;
       (2) entering agreements and partnerships with providers of 
     legal services relating to the mechanisms, to ensure small 
     business concerns may affordably use the mechanisms; and
       (3) 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.
                                 ______