[Congressional Record Volume 155, Number 184 (Wednesday, December 9, 2009)]
[Senate]
[Pages S12806-S12818]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         STATEMENTS ON INTRODUCTED BILLS AND JOINT RESOLUTIONS

      By Mr. BEGICH (for himself and Ms. Snowe):
  S. 2852. A bill to establish, within the National Oceanic and 
Atmospheric Administration, an integrated and comprehensive ocean, 
coastal, Great Lakes, and atmospheric research, prediction, and 
environmental information program to support renewable energy; to the 
Committee on Commerce, Science, and Transportation.
  Mr. BEGICH. Mr. President, today, I, along with my colleague Senator 
Snowe, are introducing legislation to establish a comprehensive ocean, 
coastal, Great Lakes, and atmospheric research program to support 
renewable energy. Renewable energy is the most rapidly growing U.S. 
energy sector. Increasing the use of renewable energy is dependent on 
baseline atmospheric and oceanic data. Improving NOAA's ability to 
provide the observations, forecasts, and climate information tailored 
to the needs of the renewable energy industry will promote growth of 
this energy sector. This bill would require NOAA to establish a 
comprehensive research, prediction, and environmental information 
program to support renewable energy. Specifically, the legislation 
would require NOAA to develop observation systems and models and 
collect baseline environmental data to support renewable energy 
development on land and in the marine environment; and provide best 
management practices to avoid adverse effects in the marine and coastal 
environment. The legislation would authorize $100 million annually for 
fiscal year 2010 through 2014 and allows for up to 50 percent of funds 
to be available to educational institutions or states to carry out 
activities in support of the program. As we work as a Nation to 
decrease our dependency on foreign oil, to encourage scientific 
advancement, technological innovation and job creation, the Renewable 
Energy Environmental Research Act of 2009 will be an important 
component in advancing progress in those areas. I urge my colleagues to 
support this legislation to support critical research in support of 
advancing renewable energy development.
  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. 2852

       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 ``Renewable Energy 
     Environmental Research Act of 2009''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to establish an integrated and 
     comprehensive ocean, coastal, Great Lakes, and atmospheric 
     research, prediction, and environmental information program 
     to support renewable energy.

     SEC. 3. RENEWABLE ENERGY RESEARCH PLAN.

       (a) In General.--The Administrator shall develop a plan--
       (1) to define requirements for a comprehensive and 
     integrated ocean, coastal, Great Lakes, and atmosphere 
     science program to support renewable energy development in 
     the United States based on the public hearings, public 
     comments, and a review of scientific and industry 
     information;
       (2) to identify and describe current climate, weather, and 
     water data programs, products, services, and authorities 
     within NOAA relevant to renewable energy development;
       (3) to provide targeted research, data, monitoring, 
     observation, and other information, products, and services 
     concerning climate, weather, and water in support of 
     renewable energy and ``smart grid'' technology, including 
     research to accurately quantify the downstream micro-climate 
     impacts of wind-power turbines;
       (4) to provide research, data, monitoring, and other 
     information, products, and services to inform renewable 
     energy decisions concerning coastal and marine habitats, 
     living marine resources and the ecosystems on which they 
     depend and coastal and marine planning; and
       (5) to reduce duplication and leverage the resources of 
     existing NOAA programs through coordination with--
       (A) other offices and programs within NOAA, including the 
     atmospheric, ocean, and coastal observation systems;

[[Page S12807]]

       (B) Federal, State, tribal, and local observation systems; 
     and
       (C) other entities, including the private sector 
     organizations and institutions of higher education; and
       (6) to facilitate public-private cooperation, including 
     identification and assessment of current private sector 
     capabilities.
       (b) Public Hearings.--In developing the plan, the 
     Administrator shall provide public notice and opportunity for 
     1 or more public hearings and shall seek comments from 
     Federal and State agencies, tribes, local governments, 
     representatives of the private sector, and other parties 
     interested in renewable energy observations, data, and use in 
     order to improve NOAA climate, weather, and water observation 
     data products and services to more effectively support 
     renewable energy development.

     SEC. 4. ESTABLISHMENT OF RESEARCH, PREDICTION, AND 
                   ENVIRONMENTAL INFORMATION PROGRAM.

       (a) In General.--Within 18 months after the date of 
     enactment of this Act, the Administrator shall establish a 
     program to develop and implement an integrated and 
     comprehensive ocean, coastal, Great Lakes and atmosphere 
     research and operations program, based on the plan required 
     by section 3, to support renewable energy development in the 
     United States.
       (b) Program Components.--At a minimum, the program shall 
     include--
       (1) improvements in coordinated climate, weather, and water 
     research, monitoring, and observations to support--
       (A) renewable energy development; and
       (B) the understanding and mitigation of the impact of 
     renewable energy development on living marine resources, 
     including protected species and the marine and coastal 
     environment;
       (2) coordinated weather, water, and climate prediction 
     capability focused on renewable energy and ``smart grid'' 
     technology to provide information and decision services in 
     support of renewable energy development;
       (3) support for the transition to, and reliable delivery 
     of, sustained operational weather, water, and climate 
     products from research, observation, and prediction outputs;
       (4) means of identifying biological and ecological effects 
     of marine renewable energy development on living marine 
     resources, the marine and coastal environment, marine-
     dependent industries, and coastal communities;
       (5) baseline ecological characterization, including 
     research, data collection, and mapping, of the coastal and 
     marine environment and living marine resources for marine 
     renewable energy development;
       (6) avoidance, minimization, and mitigation strategies to 
     address the potential impacts of marine renewable energy on 
     the marine, coastal, and Great Lakes environment, including 
     developing effective monitoring protocols, use of adaptive 
     management, informed engineering design and operating 
     parameters, and the establishment of protocols for minimizing 
     the environmental impacts of testing, developing, and 
     deploying marine renewable energy devices;
       (7) support for the development of marine special area 
     management plan by states as defined by the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1451 et seq.) that would 
     support renewable energy development consistent with natural 
     resource protection and other coastal-dependent economic 
     growth;
       (8) comprehensive digital mapping, modeling, and other 
     geospatial information and services to support planning for 
     renewable energy and stewardship of ecosystem and living 
     marine ecosystems, including protected species, in ocean and 
     coastal areas;
       (9) a coordinated approach for examining and quantifying 
     the micro-climate impacts of wind-power farms on soil 
     transpiration and drying; and
       (10) provision for outreach to the public and private 
     sector about program research, information, and products, 
     including making non-proprietary information and best 
     management practices developed under this program available 
     to the public.
       (c) Use in Agency Decisions.--The program established under 
     subsection (b) shall be designed to collect, synthesize, and 
     distribute data in a manner that can be used by marine 
     resource managers responsible for making decisions about 
     marine renewable energy projects. The Army Corps of 
     Engineers, Department of Commerce, Minerals Management 
     Service, Federal Energy Regulatory Commission, and Department 
     of Energy shall consider this information when making 
     planning, siting, and permitting decisions for marine 
     renewable energy.
       (d) Support for Public-Private Cooperation.--To the extent 
     practicable, in implementing the program established under 
     this section, the Administrator shall seek appropriate 
     opportunities to facilitate and expand cooperation with 
     private sector entities to develop and expand information 
     services that serve the renewable energy industry.

     SEC. 5. BIENNIAL REPORTS.

       Not later than 2 years after the date of the enactment of 
     this Act and every 2 years thereafter, the Administrator 
     shall prepare and transmit a report to the Senate Committee 
     on Commerce, Science, and Transportation, the House of 
     Representatives Committee on Natural Resources, and the House 
     of Representatives Committee on Science and Technology on 
     progress made in implementing this Act, including--
       (1) a description of activities carried out under this Act;
       (2) recommendations for priority activities under this Act 
     for fiscal years beginning after the date on which the report 
     is submitted; and
       (3) funding levels for activities under this Act in those 
     fiscal years

     SEC. 6. LIBRARY.

       Within 1 year after the date of the enactment of this Act, 
     the Administrator, in consultation with relevant Federal 
     agencies, shall establish a renewable energy information 
     library and data portal. The library shall include, at a 
     minimum--
       (1) links to data and information products for use in 
     renewable energy development;
       (2) links to planning and decision support tools for use in 
     renewable energy development;
       (3) data about the baseline condition of ocean and coastal 
     resources; and
       (4) links to digital mapping and geospatial information, 
     products, and services described in section 4(b).

     SEC. 7. FEDERAL COORDINATION.

       In carrying out activities under this Act, the 
     Administrator shall coordinate with the Secretary of the 
     Interior, the Secretary of Energy, the Secretary of 
     Transportation, the Secretary of Defense, the Federal Energy 
     Regulatory Commission, the Department in which the Coast 
     Guard is operating, and the heads of other relevant Federal 
     agencies.

     SEC. 8. AGREEMENTS.

       The Administrator may enter into and perform such 
     contracts, leases, grants, cooperative agreements, or other 
     agreements and transactions with any agency or 
     instrumentality of the United States, or with any State, 
     local, tribal, territorial or foreign government, or with any 
     person, corporation, firm, partnership, educational 
     institution, nonprofit organization, or international 
     organization as may be necessary to carry out the purposes of 
     this Act.

     SEC. 9. AUTHORITY TO RECEIVE FUNDS.

       The Administrator may accept, retain, and use funds 
     received from any party pursuant to an agreement entered into 
     under section 8 for activities furthering the purposes of 
     this Act.

     SEC. 10. USE OF OCEAN OBSERVING OFFSHORE INFRASTRUCTURE.

       (a) In General.--Any offshore exploration and production 
     facility, at the discretion of the Administrator, may execute 
     a memorandum of understanding authorizing the use of offshore 
     platforms and infrastructure for the placement of 
     meteorological and oceanographic observation sensors of a 
     type to be designated by the Administrator in support of the 
     Integrated Ocean Observing System.
       (b) Availability of Information.--All information collected 
     by such sensors will be managed by NOAA and be readily 
     available for use in spill response as well as available to 
     the National Weather Service, other NOAA programs, and the 
     general public.

     SEC. 11. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Under Secretary of Commerce for Oceans and Atmosphere in the 
     Under Secretary's capacity as Administrator of NOAA.
       (2) Marine renewable energy.--The term ``marine renewable 
     energy'' means any form of renewable energy derived from the 
     sea including wave energy, tidal energy, ocean current 
     energy, offshore wind energy, salinity gradient energy, ocean 
     thermal gradient energy, and ocean thermal energy conversion.
       (3) NOAA.--The term ``NOAA'' means the National Oceanic and 
     Atmospheric Administration.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       (a) Implementation and Execution.--There are authorized to 
     be appropriated to the Administrator $100,000,000 for each of 
     fiscal years 2010 through 2014 to carry out this Act.
       (b) Grants to Educational Institutions and Coastal 
     States.--Of the amounts appropriated pursuant to subsection 
     (b), the Administrator shall make up to 50 percent available 
     to educational institutions, and to States with coastal zone 
     management programs approved under the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1451 et seq.), to carry out 
     activities that support the program established under section 
     4.

     SEC. 13. SAVINGS PROVISION.

       Nothing in this Act shall be construed to supersede or 
     modify the jurisdiction, responsibilities, or authority of 
     any Federal or State agency under any provision of law in 
     effect on the date of enactment of this Act.
                                 ______
                                 
      By Mr. KOHL (for himself and Mr. Hatch):
  S 2854. A bill to amend the Internal Revenue Code of 1986 to extend 
and modify the credit for new qualified hybrid motor vehicles, and for 
other purposes; to the Committee on Finance.
  Mr. KOHL. Mr. President, I rise today to introduce a bill with 
Senator Hatch that would provide tax credits for purchasers of hybrid 
and plug-in hybrid heavy duty trucks. Specifically, this bill would 
extend the existing heavy duty hybrid tax credit and create a tax 
credit for heavy duty plug-in hybrid trucks. The plug-in tax credit was 
included in the Senate passed stimulus bill, but was dropped in 
conference. Both tax credits would begin at $15,000 for those vehicles 
weighing up to 14,000 lbs and max out at $100,000

[[Page S12808]]

for vehicles weighing more than 33,000 lbs. The tax credits would 
expire in 2014.
  The challenge for hybrid and plug-in hybrid technologies is cost. 
Advanced batteries and components are new and expensive technologies. 
In the medium and heavy duty sector, these costs are even higher and 
vehicle turnover is lower. The incremental cost of a heavy duty plug-in 
hybrid over 23,000 lbs can be as much as $85,000. We are introducing 
this bill to provide the needed incentives for manufacturers to develop 
and install hybrid and plug-in hybrid technology on heavy duty trucks.
  This bill also includes a tax credit of up to $3,500 for trucks stops 
to install electrification units so that truckers could plug in their 
vehicles to operate necessary systems without idling the engine. 
Because the Department of Transportation mandates that truckers rest 
for 10 hours after driving for 11 hours, truckers idle at truck stops 
for several hours. With this tax credit, truckers would be able to 
operate the heater, air conditioner, television, and other appliances 
without running the engine, which saves fuel, reduces air pollution, 
and reduces engine wear. The tax credit would end in 2014.
  In addition to reducing oil use in their drive cycles, 
electrification is an important technology for reducing idle costs and 
emissions. U.S. trucks idle an average of 1830 hours per year. The 
idling of commercial vehicles is estimated to consume more than 2 
billion gallons of fuel annually, while producing unwanted emissions. 
By promoting onboard electricity options for powering vehicle functions 
while idling and by expanding off board options, through truck stop 
electrification, this legislation will reduce oil use and emissions 
from this sector even further.
  This bill, which has the support of the Electric Drive Transportation 
Association, will help manufacturers reach the economies of scale by 
bringing down the costs of hybrid and plug-in hybrid technologies. The 
tax credits will promote the purchases of clean, efficient electric 
drive trucks and the installation of anti-idling equipment that will 
improve our environment and reduce our dependence on foreign oil.
                                 ______
                                 
      By Mr. BINGAMAN (for himself Mr. Hatch, Ms. Stabenow, and Mr. 
        Lugar):
  S. 2857. A bill to amend the Internal Revenue Code of 1986 to expand 
the qualifying advanced energy project credit; to the Committee on 
Finance.
  Mr. BINGAMAN. Mr. President, a recent report by the New America 
Foundation finds that ``the United States ran an overall green trade 
deficit of -$8.9 billion in 2008, including a deficit of -$6.4 billion 
in the critical category of renewable energy. . .'' To halt this trend 
and promote American leadership in clean technology manufacturing, I 
was pleased to see the Advanced Energy Manufacturing Tax Credit, 
codified as Section 48C of the Internal Revenue Code, established under 
the American Recovery and Reinvestment Act. Under Section 48C, 
qualifying projects receive a 30 percent tax credit for capital 
expenditures related to new, expanded, or re-equipped advanced energy 
manufacturing projects. But Section 48C was enacted subject to a $2.3 
billion limitation in allocation authority--and we expect the full $2.3 
billion soon to be exhausted. Because we cannot allow this credit to 
lapse, I rise today to introduce the American Clean Technology 
Manufacturing Leadership Act, which would add $2.5 billion in 
allocation authority to the Section 48C Advanced Energy Manufacturing 
Tax Credit program. I am pleased to be joined by Senator Hatch, Senator 
Stabenow, and Senator Lugar in introducing this bill.
  By establishing the Section 48C credit, Congress took a significant 
step--but we cannot slow down now. In the near- to mid-term, we can 
anticipate rapid growth in demand for renewable energy technologies, 
due to the long-term extension of the production tax credit and the 
commercial and residential investment tax credits; declining product 
costs; the anticipated enactment this Congress of a national renewable 
portfolio standard; and the anticipated implementation of a carbon 
control system. But without robust incentives, foreign-based 
manufacturers are poised to seize a large share of this domestic growth 
in the clean power market with products exported to the United States. 
As New America explains: ``If current trends continue, the green trade 
deficit can be expected to widen further as the administration's agenda 
increases domestic demand but without sufficient measures to increase 
domestic production. If the deficit continues to grow, the United 
States will forego the creation of millions of high-wage, high-skill 
green manufacturing jobs and lose its potential to be a global producer 
as well as a consumer of green technologies.''
  The reality is that we need a level playing field to bring 
manufacturing jobs to the United States. For years, Germany, China, 
India, Malaysia, and the Philippines have offered incentives that have 
placed the United States at a competitive disadvantage. For instance, 
for solar photovoltaic manufacturers, Malaysia and the Philippines 
offer income tax holidays, 15 years in the case of Malaysia, and 
Germany offers up to 30 percent of investment costs for large 
enterprises and 40-50 percent for smaller enterprises.
  The Section 48C Advanced Energy Manufacturing Tax Credit made an 
important stride in leveling that playing field. ARRA instructed 
Treasury and DOE to establish a selection procedure for allocating 
credits, thus ensuring that only the most promising projects receive a 
Federal investment. But the program is oversubscribed and we anticipate 
that by January 15, the full $2.3 billion authorized under ARRA will be 
allocated.
  We cannot afford to have this credit lapse. There are additional 
qualified applications ready to be evaluated, and an existing selection 
infrastructure to make these awards quickly. To keep us on track, our 
bill would add an additional $2.5 billion in allocation authority--
enough to leverage an additional $8.3 billion in investment in domestic 
manufacturing facilities.
  Yesterday President Obama himself called for an expansion of this 
credit. Speaking at the Brookings Institution, the President said that 
the Treasury program has received a substantial response and warrants 
an expansion: ``It's a positive sign that many of these programs drew 
so many applicants for funding that a lot of strong proposals--
proposals that will leverage private capital and create jobs quickly--
did not make the cut,'' President Obama said. ``With additional 
resources, in areas like advanced manufacturing of wind turbines and 
solar panels, for instance, we can help turn good ideas into good 
private-sector jobs.''
  We should move immediately to meet the President's call, by adding 
$2.5 billion in allocation authority. Allowing this credit to lapse 
would only cede high-paying jobs to other countries at a time when our 
unemployment rate hovers above 10 percent.
  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. 2857

       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 ``American Clean Technology 
     Manufacturing Leadership Act''.

     SEC. 2. EXPANSION OF QUALIFYING ADVANCED ENERGY PROJECT 
                   CREDIT.

       (a) In General.--Section 48C(d)(1)(B) of the Internal 
     Revenue Code of 1986 is amended by striking 
     ``$2,300,000,000'' and inserting ``$4,800,000,000''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to allocations for applications submitted after 
     December 31, 2009.
                                 ______
                                 
      By Mrs. BOXER (for himself, Mr. Durbin, Mr. Kerry, and Mr. 
        Casey):
  S. 2858. A bill to amend the Public Health Service Act to establish 
an Office of Mitochondrial Disease at the National Institutes of 
Health, and for other purposes; to the Committee on Health, Education, 
Labor, and Pensions.
  Mrs. BOXER. Mr. President, as we work to reform our health care 
system, it is crucial that we encourage the development of new 
treatments and cures for diseases by investing in health research and 
innovation. Today, I am proud to introduce the Brittany Wilkinson 
Mitochondrial Disease Research and Treatment Enhancement Act of 2009, 
which, for the first time,

[[Page S12809]]

would coordinate the federal investment in researching the cause of, 
and treatments and cures for, mitochondrial disease.
  Known as the cell's ``powerhouse,'' mitochondria are specialized 
compartments within cells that help sustain life by producing 90 
percent of the energy our cells and bodies need. Mitochondrial disease 
causes defects that reduce the ability of mitochondria to produce 
energy, which leads to cell dysfunction or death. When cells in our 
bodies begin to fail or die, then whole organ systems can fail.
  Due to the essential nature of the function of mitochondria, 
mitochondrial dysfunction is suspected to be associated with a large 
number of diseases including, Parkinson's, autism, diabetes, cancer and 
many other afflictions. However, we cannot learn more about how these 
diseases are related until we invest enough resources in mitochondrial 
disease research.
  First recognized in the 1960s, mitochondrial disease is relatively 
newly diagnosed, yet every 30 minutes a child is born who will develop 
a mitochondrial disease by age 10, and one recent study showed that one 
in every 200 people has a genetic mutation that may lead to 
mitochondrial disease.
  Despite its prevalence, mitochondrial disease has no known treatment 
or cure, those afflicted with this disorder--many of them children--go 
untreated.
  This legislation would create an Office of Mitochondrial Disease, 
within the National Institutes of Health, to develop a Mitochondrial 
Disease Research Plan, to promote and coordinate efforts to educate 
researchers and health providers about mitochondrial diseases and to 
award grants to increase research of mitochondrial disease.
  In addition, this legislation would establish Mitochondrial Disease 
Centers of Excellence to promote basic and clinical research, 
facilitate training programs in mitochondrial disease, and develop and 
disseminate programs to provide continuing education in mitochondrial 
disease. This legislation also instructs the Director of the CDC to 
establish a national registry and a biorepository to help collect and 
share information about patients with mitochondrial disease.
  The United Mitochondrial Disease Foundation, UMDF--the voice for the 
thousands of children, adults and their families who face this disease 
almost alone--greatly supports this bill because they know it is 
critical to research, understanding and future treatments for 
mitochondrial diseases.
  Brittany Wilkinson, for whom this act is named, was herself a 
mitochondrial disease patient. Earlier this year I met this young woman 
when she visited my office as a UMDF Youth Ambassador; I was greatly 
impressed by her poise and dedication to her cause. Although Brittany 
had experienced medical problems since birth, she was not diagnosed 
with mitochondrial disease until the age of seven.
  Though Brittany was in constant pain, spent months in the hospital 
and sometimes stopped breathing at night, she devoted her life to 
raising awareness about the disease she shared with so many others. As 
the first ever Youth Ambassador for the UMDF, Brittany helped 
fundraise, made phone calls and dictated letters--sometimes from her 
hospital bed.
  In addition to her work as a Youth Ambassador, Brittany was also 
active in her local government, where she worked to pass 
``Mitochondrial Disease Awareness Week'' resolutions in Clovis City and 
Frenso, California. On the state level, this year she was able to get a 
permanent resolution through the California Assembly to make the third 
full week in September every year ``Mitochondrial Disease Awareness 
Week''. I was devastated to hear that this September Brittany passed 
due to the effects of her debilitating illness.
  Brittany Wilkinson worked tirelessly to advance public awareness of 
this devastating disease, now I urge my colleagues to join me in taking 
the next step by supporting this investment in mitochondrial disease 
research, for the thousands of families across our nation coping with 
mitochondrial disease.
                                 ______
                                 
      By Mr. Inouye (for himself, Mr. Rockefeller, Ms. Snowe, Mr. 
        Nelson of Florida, and Mr. Kerry):
  S. 2859. A bill to reauthorize the Coral Reef Conservation Act of 
2000, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Mr. INOUYE. Mr. President, I am pleased to sponsor the Coral Reef 
Conservation Amendments Act of 2009. This bill reauthorizes and 
strengthens the Coral Reef Conservation Act of 2000, a program that I 
originally sponsored in the 106th Congress establishing the Coral Reef 
Conservation Program at the National Oceanic and Atmospheric 
Administration, NOAA.
  Coral reefs are among the oldest and most economically and 
biologically important ecosystems in the world. They provide habitat 
for more than one million diverse aquatic species, a natural barrier 
for protection from coastal storms and erosion, and are a potential 
source of treatment for many of the world's diseases. In addition, 
reef-supported tourism is a $30 billion industry worldwide, and the 
commercial value of U.S. fisheries from coral reefs is more than $100 
million. However, our coral reef ecosystems face many threats including 
pollution, climate change and coral bleaching, and overfishing to name 
a few. Coral reefs cover only one-tenth of one percent of the ocean 
floor, yet provide habitat for more than 25 percent of all marine 
species.
  The original Coral Reef Conservation Act of 2000 recognized the need 
to preserve, sustain and restore the condition of these valuable coral 
reef ecosystems. It directed NOAA to develop a National Coral Reef 
Action Strategy, established a NOAA Coral Reef Conservation Program, 
and created a Coral Reef Conservation Fund to support public-private 
partnership projects. The Coral Reef Conservation Act of 2000 also 
authorized NOAA to provide emergency grants to address unforeseen and 
disaster-related impacts to coral reefs.
  The Coral Reef Conservation Amendments Act of 2009 would strengthen 
NOAA's ability to comprehensively address threats to coral reefs and 
empower the agency with tools to ensure that damage to our coral reef 
ecosystems is prevented or effectively mitigated. It also establishes 
consistent practices for maintaining data, products, and information, 
and promotes the widespread availability and dissemination of that 
environmental information.
  The bill allows the Secretary to further develop partnerships with 
foreign governments and international organizations as well as with 
Federal agencies, State and local governments, tribal organizations, 
educational institutions, nonprofit organizations, commercial 
organizations, and other public and private entities. These 
partnerships are critical not only to the understanding of our coral 
reef ecosystems, but also to their protection and restoration. Finally, 
the bill allows for any amount received by the United States as a 
result of illegal activity resulting in the destruction, take, loss, or 
injury of coral reefs to be used toward restoration efforts.
  I would urge my colleagues to support this important legislation and 
I hope that we may pass this bill quickly to continue supporting NOAA's 
leadership role in coral reef conservation.
                                 ______
                                 
      By Mr. DODD:
  S. 2860. A bill to protect students from inappropriate seclusion and 
physical restraint, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. DODD. Mr. President, in 1998, the Hartford Courant ran an award-
winning series of stories about the use of restraint and seclusion in 
hospitals, residential facilities, and group homes for individuals with 
psychiatric and developmental disabilities.
  The Courant uncovered a hidden epidemic, confirming 142 deaths 
occurring during or after the use of restraint or seclusion.
  One of those 142 was an 11-year-old boy from my home State of 
Connecticut. He was restrained face-down in a position that restricted 
his air flow. He died as a result.
  In response, I led the charge to establish Federal standards to 
prevent the misuse of these practices. I helped pass The Children's 
Health Act of 2000, which included the Compassionate Care

[[Page S12810]]

Act that I originally drafted to put these standards in place in 
certain hospitals and residential facilities. We wanted to include 
schools in this legislation, but were unable to do so. Sadly, the need 
could not have been greater.
  Over the past year, reports from the National Disability Rights 
Network, NDRN, the Alliance to Prevent Restraint, Aversive 
Interventions, and Seclusion, APRAIS, the Council of Parent Attorneys 
and Advocates, Inc., COPAA, and the Government Accountability Office, 
GAO, have painted a picture disturbingly similar to the one the 
Hartford Courant discovered more than a decade ago.
  The statistics are chilling--hundreds of incidents of physical 
injury, psychological trauma, even death--but the stories are 
devastating.
  Here are some of the examples the GAO found in their report released 
on May 19, 2009.
  A 14-year-old boy was restrained face-down by a teacher because he 
would not stay seated in class. The 230 lb. teacher sat on the 129 lb. 
boy, restricting his airflow and resulting in the boy's death.
  A 4-year-old girl with cerebral palsy and autism was restrained in a 
wooden chair with leather straps for being ``uncooperative.''
  In one school district, children with disabilities as young as 6 
years old were allegedly placed in strangleholds, restrained for 
extended periods of time, confined to dark rooms, tethered to ropes, 
and prevented from using the restroom until they urinated on 
themselves.
  To be clear, school personnel mean no harm, and my concern signifies 
no disrespect for the difficult job they do or the dangers they 
sometimes face.
  But these tragic stories reflect inadequate training, and a lack of 
resources on the local level to implement effective interventions, such 
as school-wide positive behavioral supports.
  Just as students have a right to learn in a safe environment, 
educators have a right to work in a safe environment. They should be 
provided with training and support to prevent injury to themselves and 
others.
  In some States, like Connecticut, parents have successfully advocated 
for laws that provide these resources, as well as guidelines to ensure 
that they are used effectively.
  But the patchwork of State laws and regulations is confusing.
  According to the GAO study, 19 States have no law or regulations 
concerning restraint and seclusion in schools.
  Some laws apply to only certain schools or situations.
  Some apply to restraint but not seclusion.
  Only 19 States require parental notification.
  Only 17 States require staff training.
  Only 8 specifically prohibit restraints that restrict air flow.
  Furthermore, this patchwork is obviously inadequate; according to a 
report by COPPA, over 71 percent of the 185 incidents they identified 
occurred in schools with no positive behavioral interventions or 
supports.
  Therefore, I rise today to introduce the Preventing Harmful Restraint 
and Seclusion in Schools Act, a bill that will address this void.
  It will establish clear minimum standards for the use of restraint 
and seclusion in schools, closely based on the Children's Health Act of 
2000. It will also provide resources to assist with policy 
implementation and provide school personnel with necessary tools, 
training, and support.
  Finally, it will improve data collection, analysis, and 
identification of effective practices to prevent and reduce restraint 
and seclusion in schools, so we may better understand the scope of the 
problem and the effectiveness of our solutions.
  Specifically, the legislation will prohibit the use of restraint and 
seclusion in schools unless the student's behavior imposes an immediate 
danger of physical injury and less restrictive interventions would be 
ineffective.
  It will prohibit the use of mechanical, chemical, and physical 
restraints that restrict air flow to the lungs.
  It will require adequate training and state certification of school 
personnel imposing restraint or seclusion, immediate parental 
notification when such an incident occurs, and debriefing to prevent 
future incidents.
  As a condition of receiving federal education funding, states will be 
required to submit annual plans to the Secretary of Education which 
describe their restraint and seclusion policies, and certify that 
minimum standards are being met.
  States will also be required to report annually the total number of 
incidents of restraint and seclusion, disaggregated by demographic and 
other categories.
  In order to assist States, local educational agencies, and schools 
with implementing policies and procedures to meet the minimum 
standards, competitive grants will be provided. Grants will also assist 
with the implementation of school-wide positive behavioral supports to 
further prevent incidents of restraint and seclusion.
  Finally, the Department of Education will conduct, and provide to 
Congress, a national assessment which analyzes data on restraint and 
seclusion and effective practices in preventing and reducing incidents. 
This will provide us with a more accurate picture of the extent of 
restraint and seclusion in schools and help direct additional future 
efforts to ensure that our children and those who educate them are 
safe.
  I want to thank the many organizations representing individuals with 
disabilities, students, teachers, and schools that all came to the 
table with recommendations. I am also grateful to Secretary Duncan for 
his leadership on this issue. Finally, I want to thank my colleague and 
good friend Chairman George Miller in the House of Representatives. 
Today, he's introducing companion legislation, and I look forward to 
working with him to make it law.
  Every child has a right to be safe in the place where they go to 
learn and grow. Every educator deserves the training and support they 
need to do their jobs safely and effectively. This legislation will 
help to prevent tragedies in our schools. I am proud to introduce it 
today, and I urge my colleagues to join me.
                                 ______
                                 
      By Ms. SNOWE (for herself and Ms. Landrieu):
  S. 2861. A bill to amend the Trade Act of 1974 to establish an 
Assistant United States Trade Representative for Small Business, and 
for other purposes; to the Committee on Finance.
  Ms. SNOWE. Mr. President, I rise today with my colleague, Senate 
Small Business Committee Chair Landrieu, to introduce the Small 
Business Trade Representation Act of 2009. This bipartisan measure 
would once and for all establish an Assistant United States Trade 
Representative for Small Business, to ensure that small businesses are 
represented in trade negotiations and in U.S. trade policy.
  I first introduced legislation in 2001, in the 107th Congress, to 
establish a United States Trade Representative for Small Business, in 
order to ensure that small business interests are reflected in U.S. 
trade policy and trade agreement negotiations. Since that time, we've 
heard excuse after excuse, from Administrations of both parties, about 
why we don't need an Assistant USTR for Small Business. Currently, less 
than one percent of all small businesses are exporting their goods and 
services to foreign customers. Until we see significant gains in small 
business participation in international trade, we must make it a 
priority across the Federal government--and especially in our trade 
policy--to help small businesses compete in the global marketplace.
  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 U.S. small 
businesses to sell their goods and services in new markets, not enough 
small businesses are taking advantage of these international prospects. 
In fact, according to the U.S. Department of Commerce, less than one 
percent of the approximately 27 million U.S. small businesses currently 
sell their products to foreign buyers. Small businesses are a vital 
source of economic growth and job creation, generating nearly \2/3\ of 
net new jobs each year. Small businesses are essential to our economic 
recovery, and

[[Page S12811]]

we must help them take advantage of all potential opportunities, 
including those in foreign markets.
  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 ensure that small businesses are a 
priority in the U.S. government's trade policy and in future trade 
agreements.
  We cannot overlook the impact of trade on small businesses. An 
investment in small business exporting assistance is an investment in 
our economy. 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. 2861

       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 Trade 
     Representation Act of 2009''.

     SEC. 2. ASSISTANT UNITED STATES TRADE REPRESENTATIVE FOR 
                   SMALL BUSINESS.

       (a) Establishment of Position.--Section 141(c) of the Trade 
     Act of 1974 (19 U.S.C. 2171(c)) is amended by adding at the 
     end the following new paragraph:
       ``(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 respect to the trade issues of small-business concerns 
     that are exporters;
       ``(iii) collaborate with the Administrator of the Small 
     Business Administration with respect to the trade issues of 
     small-business concerns;
       ``(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.
       ``(C) The Assistant United States Trade Representative for 
     Small Business shall be compensated at the rate provided for 
     level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code.''.
       (b) Conforming Repeal.--Section 2112 of the Bipartisan 
     Trade Promotion Authority Act of 2002 (19 U.S.C. 3812) is 
     repealed.
       (c) Technical Corrections.--Section 141 of the Trade Act of 
     1974 (19 U.S.C. 2171), as amended by subsection (a), is 
     further amended--
       (1) in subsection (c), by moving paragraph (5) 2 ems to the 
     left; and
       (2) in subsection (e)--
       (A) in paragraph (1), by striking ``5314'' and inserting 
     ``5315''; and
       (B) in paragraph (2), by striking ``the maximum rate of pay 
     for grade GS-18 as provided in section 5332'' and inserting 
     ``the maximum rate of pay for level IV of the Executive 
     Schedule in section 5315''.
                                 ______
                                 
      Ms. SNOWE (for herself and Ms. Landrieu):
  S. 2862. A bill to amend the Small Business Act to improve the Office 
of International Trade, and for other purposes; to the Committee on 
Small Business and Entrepreneurship.
  Ms. SNOWE. Mr. President, I rise today with my colleague, Senate 
Small Business Committee Chair Landrieu, to introduce the Small 
Business Export Enhancement and International Trade Act of 2009. This 
bipartisan measure would provide improved and expanded support for 
small businesses, through critical programs and reforms, to ensure 
that, as we emerge from this protracted recession, American small 
businesses are primed for success in the global marketplace and are 
able to create and sustain high-paying jobs.
  I would like to thank Chair Landrieu for her efforts on this critical 
issue and for working with me and my staff to merge our respective 
bills into one bipartisan measure that will help small businesses stay 
competitive, help them grow, and speed the recovery of our economy as a 
whole.
  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 U.S. small 
businesses to sell their goods and services in new markets, not enough 
small businesses are taking advantage of these international prospects. 
In fact, according to the U.S. Department of Commerce, less than one 
percent of the approximately 27 million U.S. small businesses currently 
sell their products to foreign buyers. Small businesses are a vital 
source of economic growth and job creation, generating nearly \2/3\ 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 won't 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. The Small Business 
Export Enhancement and International Trade Act, which we are 
introducing today, gives small businesses the critical resources and 
assistance needed to explore potential export opportunities, or to 
expand their current export business.
  Our bipartisan legislation 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.
  Further, it includes all of the key provisions from the small 
business trade bill that I introduced earlier this year, S. 1208, the 
Small Business Export Opportunity Development Act of 2009. These 
critical provisions would bolster the SBA's technical assistance 
programs and improve export financing programs to ensure that small 
businesses have access to the capital needed to support export sales. 
The legislation also 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.
  This legislation also includes a program I proposed earlier this year 
in S. 1208 to provide grants to help small businesses start or expand 
export activity, such as participation in foreign trade missions, 
foreign market sales trips, training workshops and payment of website 
translation fees. It also improves the SBA's network of international 
trade counselors and enhances the export assistance provided to small 
business clients through the Small Business Development Center network, 
which has over 1,000 locations nationwide.
  Our bill increases the maximum size of SBA-guaranteed export working 
capital and international trade loans from a current level of $2 
million to a new level of $5 million, consistent with the levels 
established in my bill, S. 1615, the Next Steps for a Main Street 
Recovery Act, which I introduced in August and the President called for 
last month. This bill also establishes a permanent Export Express 
program, a streamlined, expedited loan program to get capital to 
exporters quickly and efficiently, so they can focus on the terms of 
the sale and preparing their product for shipment. It also establishes 
a program to provide support for small businesses related to trade 
disputes and unfair international trade practices, which is critical 
for our entrepreneurs who have suffered from illegal activities by our 
trading partners.
  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

[[Page S12812]]

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 
United States spends just one-sixth of the international average on 
export promotion and assistance 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. I ask all of my Senate colleagues to support this vital 
legislation.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2862

       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 
     Enhancement and International Trade Act of 2009''.

     SEC. 2. DEFINITIONS.

       (a) Definitions.--In this Act--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``Associate Administrator'' means the 
     Associate Administrator for International Trade appointed 
     under section 22(a)(2) of the Small Business Act, as amended 
     by this Act;
       (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 ``rural small business concern'' means a small 
     business concern located in a rural area, as that term is 
     defined in section 1393(a)(2) of the Internal Revenue Code of 
     1986; and
       (5) the term ``small business concern'' has the meaning 
     given that term under section 3 of the Small Business Act (15 
     U.S.C. 632).
       (b) Technical and Conforming Amendments.--
       (1) Definitions.--Section 3 of the Small Business Act (15 
     U.S.C. 632) is amended by adding at the end the following:
       ``(t) Small Business Development Center.--In this Act, the 
     term `small business development center' means a small 
     business development center described in section 21.
       ``(u) Region of the Administration.--In this Act, the term 
     `region of the Administration' means the geographic area 
     served by a regional office of the Administration established 
     under section 4(a).''.
       (2) Conforming amendment.--Section 4(b)(3)(B)(x) of the 
     Small Business Act (15 U.S.C. 633(b)(3)(B)(x)) is amended by 
     striking ``Administration district and region'' and inserting 
     ``district and region of the Administration''.

     SEC. 3. OFFICE OF 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)--
       (A) in paragraph (1), as so designated, by striking the 
     period and inserting ``for the primary purposes of 
     increasing--
       ``(A) the number of small business concerns that export; 
     and
       ``(B) the volume of exports by small business concerns.''; 
     and
       (B) 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. 4. DUTIES OF THE OFFICE OF INTERNATIONAL TRADE.

       (a) Amendments to Section 22.--Section 22 of the Small 
     Business Act (15 U.S.C. 649) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Trade Distribution Network.--The Associate 
     Administrator, working in close cooperation with the 
     Secretary of Commerce, the United States Trade 
     Representative, the Export-Import Bank of the United States, 
     the Overseas Private Investment Corporation, and other 
     relevant Federal agencies, small business development centers 
     engaged in export promotion efforts, Export Assistance 
     Centers, regional and district offices of the Administration, 
     the small business community, and relevant State and local 
     export promotion programs, shall--
       ``(1) maintain a distribution network, using regional and 
     district offices of the Administration, the small business 
     development center network, networks of women's business 
     centers, the Service Corps of Retired Executives authorized 
     by section 8(b)(1), and Export Assistance Centers, for 
     programs relating to--
       ``(A) trade promotion;
       ``(B) trade finance;
       ``(C) trade adjustment assistance;
       ``(D) trade remedy assistance; and
       ``(E) trade data collection;
       ``(2) aggressively market the programs described in 
     paragraph (1) and disseminate information, including 
     computerized marketing data, to small business concerns on 
     exporting trends, market-specific growth, industry trends, 
     and international prospects for exports;
       ``(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 partners in the private 
     sector; and
       ``(4) give preference in hiring or approving the transfer 
     of any employee into the Office or to a position described in 
     subsection (c)(9) to otherwise qualified applicants who are 
     fluent in a language in addition to English, to--
       ``(A) accompany small business concerns on foreign trade 
     missions; and
       ``(B) translate documents, interpret conversations, and 
     facilitate multilingual transactions, including by providing 
     referral lists for translation services, if required.'';
       (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 (3), as so redesignated, by striking 
     ``assist small businesses in the formation and utilization 
     of'' and inserting ``assist small business concerns in 
     forming and using'';
       (F) in paragraph (4), as so redesignated--
       (i) by striking ``local'' and inserting ``district'';
       (ii) by striking ``existing'';

[[Page S12813]]

       (iii) by striking ``Small Business Development Center 
     network'' and inserting ``small business development center 
     network''; and
       (iv) by striking ``Small Business Development Center 
     Program'' and inserting ``small business development center 
     program'';
       (G) in paragraph (5), as so redesignated--
       (i) in subparagraph (A), by striking ``Gross State 
     Produce'' and inserting ``Gross State Product'';
       (ii) in subparagraph (B), by striking ``SIC'' each place it 
     appears and inserting ``North American Industry 
     Classification System''; and
       (iii) in subparagraph (C), by striking ``small businesses'' 
     and inserting ``small business concerns'';
       (H) in paragraph (6), as so redesignated, by striking the 
     period at the end and inserting a semicolon;
       (I) in paragraph (7), as so redesignated--
       (i) in the matter preceding subparagraph (A)--

       (I) by inserting ``concerns'' after ``small business''; and
       (II) by striking ``current'' and inserting ``up to date'';

       (ii) in subparagraph (A), by striking ``Administration's 
     regional offices'' and inserting ``regional and district 
     offices of the Administration'';
       (iii) in subparagraph (B) by striking ``current'';
       (iv) in subparagraph (C), by striking ``current''; and
       (v) by striking ``small businesses'' each place that term 
     appears and inserting ``small business concerns'';
       (J) in paragraph (8), as so redesignated, by striking and 
     at the end;
       (K) 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 ``person in each district office. Such 
     specialists'' and inserting ``individual in each district 
     office and providing each Administration regional office with 
     a full-time export development specialist, who'';

       (ii) in subparagraph (B)--

       (I) by striking ``current''; and
       (II) by striking ``with'' and inserting ``in'';

       (iii) in subparagraph (D)--

       (I) by striking ``Administration personnel involved in 
     granting'' and inserting ``personnel of the Administration 
     involved in making''; and
       (II) by striking ``and'' at the end;

       (iv) in subparagraph (E)--

       (I) by striking ``small businesses' needs'' and inserting 
     ``the needs of small business concerns''; and
       (II) by striking the period at the end and inserting a 
     semicolon;

       (v) 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, women's business centers, the Export-
     Import Bank of the United States, the Overseas Private 
     Investment Corporation, and other relevant Federal 
     agencies;''; and
       (vi) by striking ``small businesses'' each place that term 
     appears and inserting ``small business concerns''; and
       (L) by adding at the end the following:
       ``(10) make available on the website of the Administration 
     the name and contact information of each individual described 
     in paragraph (9);
       ``(11) carry out a nationwide marketing effort using 
     technology, online resources, training, and other strategies 
     to promote exporting as a business development opportunity 
     for small business concerns;
       ``(12) disseminate information to the small business 
     community through regional and district offices of the 
     Administration, the small business development center 
     network, Export Assistance Centers, the network of women's 
     business centers, chapters of the Service Corps of Retired 
     Executives authorized by section 8(b)(1), State and local 
     export promotion programs, and partners in the private sector 
     regarding exporting trends, market-specific growth, industry 
     trends, and prospects for exporting; and
       ``(13) establish and carry out training programs for the 
     staff of the regional and district offices of the 
     Administration and resource partners of the Administration on 
     export promotion and providing assistance relating to 
     exports.'';
       (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) a detailed account of the results of export growth 
     activities of the Administration, including the activities of 
     each district and regional office of the Administration, 
     based on the performance measures described in subsection 
     (i);
       ``(3) an estimate of the total number of jobs created or 
     retained as a result of export assistance provided by the 
     Administration and resource partners of the Administration;
       ``(4) 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
       ``(5) 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 added by section 3 
     of this Act, the following:
       ``(i) Export and Trade Counseling.--
       ``(1) Definition.--In this subsection--
       ``(A) the term `lead small business development center' 
     means a small business development center that has received a 
     grant from the Administration; and
       ``(B) the term `lead women's business center' means a 
     women's business center that has received a grant from the 
     Administration.
       ``(2) Certification program.--The Administrator shall 
     establish an export and trade counseling certification 
     program to certify employees of lead small business 
     development centers and lead women's business centers in 
     providing export assistance to small business concerns.
       ``(3) Number of certified employees.--The Administrator 
     shall ensure that the number of employees of each lead small 
     business development center who are certified in providing 
     export assistance is not less than the lesser of--
       ``(A) 5; or
       ``(B) 10 percent of the total number of employees of the 
     lead small business development center.
       ``(4) Reimbursement for certification.--
       ``(A) In general.--Subject to the availability of 
     appropriations, the Administrator shall reimburse a lead 
     small business development center or a lead women's business 
     center for costs relating to the certification of an employee 
     of the lead small business center or lead women's business 
     center in providing export assistance under the program 
     established under paragraph (2).
       ``(B) Limitation.--The total amount reimbursed by the 
     Administrator under subparagraph (A) may not exceed $350,000 
     in any fiscal year.
       ``(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;
       ``(E) the number of small business concerns referred to the 
     Administration by an Export Assistance Center or a small 
     business development center; and
       ``(F) the number of small business concerns referred to the 
     Export-Import Bank of the United States or to the Overseas 
     Private Investment Corporation by the staff of the Office, an 
     Export Assistance Center, or a small business development 
     center.
       ``(2) Joint performance measures.--The Associate 
     Administrator shall develop joint performance measures for 
     the district offices of the Administration and the Export 
     Assistance Centers that include the number of export loans 
     made under--
       ``(A) section 7(a)(16);
       ``(B) the Export Working Capital Program established under 
     section 7(a)(14);
       ``(C) the Preferred Lenders Program, as defined in section 
     7(a)(2)(C)(ii); and

[[Page S12814]]

       ``(D) the export express program established under section 
     7(a)(34).
       ``(3) Consistency of tracking.--The Associate 
     Administrator, in coordination with the departments and 
     agencies that are represented on the Trade Promotion 
     Coordinating Committee established under section 2312 of the 
     Export Enhancement Act of 1988 (15 U.S.C. 4727) and the small 
     business development center network, shall develop a system 
     to track exports by small business concerns, including 
     information relating to the performance measures developed 
     under paragraph (1), that is consistent with systems used by 
     the departments and agencies and the network.''.
       (b) 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.
       (c) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall submit a 
     report to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives on any travel by the 
     staff of the Office of International Trade of the 
     Administration, during the period beginning on October 1, 
     2004, and ending on the date of enactment of the Act, 
     including the destination of such travel and the benefits to 
     the Administration and to small business concerns resulting 
     from such travel.

     SEC. 5. EXPORT ASSISTANCE CENTERS.

       (a) Export Assistance Centers.--Section 22 of the Small 
     Business Act (15 U.S.C. 649), as amended by this Act, is 
     amended by adding at the end the following:
       ``(k) Export Assistance Centers.--
       ``(1) Export finance specialists.--
       ``(A) Minimum number of export finance specialists.--On and 
     after January 1, 2010, the Administrator, in coordination 
     with the Secretary of Commerce, shall ensure that the number 
     of export finance specialists is not less than the number of 
     such employees so assigned on January 1, 2003.
       ``(B) Export finance specialists assigned to each region of 
     the administration.--On and after the date that is 2 years 
     after the date of enactment of this subsection, the 
     Administrator, in coordination with the Secretary of 
     Commerce, shall ensure that there are not fewer than 3 export 
     finance specialists in each region of the Administration.
       ``(2) Placement of export finance specialists.--
       ``(A) Priority.--The Administrator shall give priority, to 
     the maximum extent practicable, to placing employees of the 
     Administration at any Export Assistance Center that--
       ``(i) had an Administration employee assigned to the Export 
     Assistance Center before January 2003; and
       ``(ii) 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.
       ``(B) 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.
       ``(C) Rule of construction.--Nothing in this subsection may 
     be construed to require the Administrator to reassign or 
     remove an export finance specialist who is assigned to an 
     Export Assistance Center on the date of enactment of this 
     subsection.
       ``(3) Goals.--The Associate Administrator shall work with 
     the Department of Commerce, the Export-Import Bank of the 
     United States, and the Overseas Private Investment 
     Corporation to establish shared annual goals for the Export 
     Assistance Centers.
       ``(4) Oversight.--The Associate Administrator shall 
     designate an individual within the Administration to oversee 
     all activities conducted by Administration employees assigned 
     to Export Assistance Centers.
       ``(l) 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));
       ``(3) the term `export finance specialist' means a full-
     time equivalent employee of the Office assigned to an Export 
     Assistance Center to carry out the duties described in 
     subsection (e); and
       ``(4) the term `Office' means the Office of International 
     Trade established under subsection (a)(1).''.
       (b) Study and Report on Filling Gaps in High-and-Low-Export 
     Volume Areas.--
       (1) Study and report.--Not later than 6 months after the 
     date of enactment of this Act, and every 2 years thereafter, 
     the Administrator shall--
       (A) conduct a study of--
       (i) the volume of exports for each State;
       (ii) the availability of export finance specialists in each 
     State;
       (iii) the number of exporters in each State that are small 
     business concerns;
       (iv) the percentage of exporters in each State that are 
     small business concerns;
       (v) the change, if any, in the number of exporters that are 
     small business concerns in each State--

       (I) for the first study conducted under this subparagraph, 
     during the 10-year period ending on the date of enactment of 
     this Act; and
       (II) for each subsequent study, during the 10-year period 
     ending on the date the study is commenced;

       (vi) the total value of the exports in each State by small 
     business concerns;
       (vii) the percentage of the total volume of exports in each 
     State that is attributable to small business concerns; and
       (viii) the change, if any, in the percentage of the total 
     volume of exports in each State that is attributable to small 
     business concerns--

       (I) for the first study conducted under this subparagraph, 
     during the 10-year period ending on the date of enactment of 
     this Act; and
       (II) for each subsequent study, during the 10-year period 
     ending on the date the study is commenced; and

       (B) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report 
     containing--
       (i) the results of the study under subparagraph (A);
       (ii) to the extent practicable, a recommendation regarding 
     how to eliminate gaps between the supply of and demand for 
     export finance specialists in the 15 States that have the 
     greatest volume of exports, based upon the most recent data 
     available from the Department of Commerce;
       (iii) to the extent practicable, a recommendation regarding 
     how to eliminate gaps between the supply of and demand for 
     export finance specialists in the 15 States that have the 
     lowest volume of exports, based upon the most recent data 
     available from the Department of Commerce; and
       (iv) such additional information as the Administrator 
     determines is appropriate.
       (2) Definition.--In this subsection, the term ``export 
     finance specialist'' has the meaning given that term in 
     section 22(l) of the Small Business Act, as added by this 
     Act.

     SEC. 6. INTERNATIONAL TRADE FINANCE PROGRAMS.

       (a) Loan Limits.--
       (1) Total amount outstanding.--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 ``$4,500,000 (or if the gross loan amount would 
     exceed $5,000,000), of which not more than $4,000,000''.
       (2) Participation.--Section 7(a)(2) of the Small Business 
     Act (15 U.S.C. 636(a)(2)) is amended--
       (A) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``subparagraph (B)'' and inserting 
     ``subparagraphs (B), (D), and (E)'';
       (B) in subparagraph (D), by striking ``Notwithstanding 
     subparagraph (A), in'' and inserting ``In''; and
       (C) by adding at the end the following:
       ``(E) Participation in international trade loan.--In an 
     agreement to participate in a loan on a deferred basis under 
     paragraph (16), the participation by the Administration may 
     not exceed 90 percent.''.
       (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.''.
       (d) 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

[[Page S12815]]

       (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.''.

       (e) 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.''.
       (f) 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 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.''.

       (g) Annual Listing of Export Finance Lenders.--Section 
     7(a)(16) of the Small Business Act (15 U.S.C. 636(a)(16)) is 
     amended by adding at the end the following:
       ``(F) List of export finance lenders.--
       ``(i) Publication of list required.--The Administrator 
     shall publish an annual list of the banks and participating 
     lending institutions that, during the 1-year period ending on 
     the date of publication of the list, have made loans 
     guaranteed by the Administration under--

       ``(I) this paragraph;
       ``(II) paragraph (14); or
       ``(III) paragraph (34).

       ``(ii) Availability of list.--The Administrator shall--

       ``(I) post the list published under clause (i) on the 
     website of the Administration; and
       ``(II) make the list published under clause (i) available, 
     upon request, at each district office of the 
     Administration.''.

       (h) Applicability.--The amendments made by subsections (a) 
     through (f) shall apply with respect to any loan made after 
     the date of enactment of this Act.

     SEC. 7. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM.

       (a) Definitions.--In this section--
       (1) the term ``eligible small business concern'' means a 
     small business concern that--
       (A) has been in business for not less than the 1-year 
     period ending on the date on which assistance is provided 
     using a grant under this section;
       (B) is operating profitably, based on operations in the 
     United States;
       (C) 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 Associate 
     Administrator;
       (D) has in effect a strategic plan for exporting; and
       (E) 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;
       (2) the term ``program'' means the State Trade and Export 
     Promotion Grant Program established under subsection (b);
       (3) the term ``small business concern owned and controlled 
     by women'' has the meaning given that term in section 3 of 
     the Small Business Act (15 U.S.C. 632);
       (4) the term ``socially and economically disadvantaged 
     small business concern'' has the meaning given that term in 
     section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 
     6537(a)(4)(A)); and
       (5) the term ``State'' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Virgin Islands, Guam, and American Samoa.
       (b) Establishment of Program.--The Associate Administrator 
     shall establish a 3-year trade and export promotion pilot 
     program to be known as the State Trade and Export Promotion 
     Grant Program, to make grants to States to carry out export 
     programs that assist eligible small business concerns in--
       (1) participation in a foreign trade mission;
       (2) a foreign market sales trip;
       (3) a subscription to services provided by the Department 
     of Commerce;
       (4) the payment of website translation fees;
       (5) the design of international marketing media;
       (6) a trade show exhibition;
       (7) participation in training workshops; or
       (8) any other export initiative determined appropriate by 
     the Associate Administrator.
       (c) Grants.--
       (1) Joint review.--In carrying out the program, the 
     Associate Administrator may make a grant to a State to 
     increase the number of eligible small business concerns in 
     the State that export or to increase the value of the exports 
     by eligible small business concerns in the State.
       (2) Considerations.--In making grants under this section, 
     the Associate Administrator may give priority to an 
     application by a State that proposes a program that--
       (A) focuses on eligible small business concerns as part of 
     an export promotion program;
       (B) demonstrates success in promoting exports by--
       (i) socially and economically disadvantaged small business 
     concerns;
       (ii) small business concerns owned or controlled by women; 
     and
       (iii) rural small business concerns;
       (C) promotes exports from a State that is not 1 of the 10 
     States with the highest percentage of exporters that are 
     small business concerns, based upon the latest data available 
     from the Department of Commerce; and
       (D) promotes new-to-market export opportunities to the 
     People's Republic of China for eligible small business 
     concerns in the United States.
       (3) Limitations.--
       (A) Single application.--A State may not submit more than 1 
     application for a grant under the program in any 1 fiscal 
     year.
       (B) Proportion of amounts.--The total value of grants under 
     the program made during a fiscal year to the 10 States with 
     the highest percentage of exporters that are small business 
     concerns, based upon the latest data available from the 
     Department of Commerce, shall be not more than 50 percent of 
     the amounts appropriated for the program for that fiscal 
     year.
       (4) Application.--A State desiring a grant under the 
     program shall submit an application at such time, in such 
     manner, and accompanied by such information as the Associate 
     Administrator may establish.
       (d) Competitive Basis.--The Associate Administrator shall 
     award grants under the program on a competitive basis.
       (e) Federal Share.--The Federal share of the cost of an 
     export program carried out using a grant under the program 
     shall be--
       (1) for a State that has a high export volume, as 
     determined by the Associate Administrator, not more than 65 
     percent; and
       (2) for a State that does not have a high export volume, as 
     determined by the Associate Administrator, not more than 75 
     percent.
       (f) Reports.--
       (1) Initial report.--Not later than 120 days after the date 
     of enactment of this Act, the Associate Administrator shall 
     submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report, which 
     shall include--
       (A) a description of the structure of and procedures for 
     the program;
       (B) a management plan for the program; and
       (C) a description of the merit-based review process to be 
     used in the program.

[[Page S12816]]

       (2) Annual 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 regarding the 
     program, which shall include--
       (A) the number and amount of grants made under the program 
     during the preceding year;
       (B) a list of the States receiving a grant under the 
     program during the preceding year, including the activities 
     being performed with grant; and
       (C) the effect of each grant on exports by eligible small 
     business concerns in the State receiving the grant.
       (g) Reviews by Inspector General.--
       (1) In general.--The Inspector General of the 
     Administration shall conduct a review of--
       (A) the extent to which recipients of grants under the 
     program are measuring the performance of the activities being 
     conducted and the results of the measurements; and
       (B) the overall management and effectiveness of the 
     program.
       (2) Report.--Not later than September 30, 2012, the 
     Inspector General of the Administration shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report regarding the review conducted under 
     paragraph (1).
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the program $15,000,000 for 
     each of fiscal years 2010, 2011, and 2012.
       (i) Termination.--The authority to carry out the program 
     shall terminate 3 years after the date on which the Associate 
     Administrator establishes the program.

     SEC. 8. RURAL EXPORT PROMOTION.

       Not later than 6 months after the date of enactment of this 
     Act, the Administrator, in consultation with the Secretary of 
     Agriculture and the Secretary of Commerce, shall submit to 
     the Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report that contains--
       (1) a description of each program of the Administration 
     that promotes exports by rural small business concerns, 
     including--
       (A) the number of rural small business concerns served by 
     the program;
       (B) the change, if any, in the number of rural small 
     business concerns as a result of participation in the program 
     during the 10-year period ending on the date of enactment of 
     this Act;
       (C) the volume of exports by rural small business concerns 
     that participate in the program; and
       (D) the change, if any, in the volume of exports by rural 
     small businesses that participate in the program during the 
     10-year period ending on the date of enactment of this Act;
       (2) a description of the coordination between programs of 
     the Administration and other Federal programs that promote 
     exports by rural small business concerns;
       (3) recommendations, if any, for improving the coordination 
     described in paragraph (2);
       (4) a description of any plan by the Administration to 
     market the international trade financing programs of the 
     Administration through lenders that--
       (A) serve rural small business concerns; and
       (B) are associated with financing programs of the 
     Department of Agriculture;
       (5) recommendations, if any, for improving coordination 
     between the counseling programs and export financing programs 
     of the Administration, in order to increase the volume of 
     exports by rural small business concerns; and
       (6) any additional information the Administrator determines 
     is necessary.

     SEC. 9. INTERNATIONAL TRADE COOPERATION BY SMALL BUSINESS 
                   DEVELOPMENT CENTERS.

       Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) 
     is amended--
       (1) by striking ``(2) The Small Business Development 
     Centers'' and inserting the following:
       ``(2) Cooperation to provide international trade 
     services.--
       ``(A) Information and services.--The small business 
     development centers''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A), as so designated, by inserting 
     ``(including State trade agencies),'' after ``local 
     agencies''; and
       (B) by adding at the end the following:
       ``(B) Cooperation with state trade agencies and export 
     assistance centers.--A small business development center that 
     counsels a small business concern on issues relating to 
     international trade shall--
       ``(i) consult with State trade agencies and Export 
     Assistance Centers to provide appropriate services to the 
     small business concern; and
       ``(ii) as necessary, refer the small business concern to a 
     State trade agency or an Export Assistance Center for further 
     counseling or assistance.
       ``(C) Definition.--In this paragraph, the term `Export 
     Assistance Center' has the same meaning as in section 22.''.

     SEC. 10. SMALL BUSINESS TRADE POLICY.

       (a) 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.
       (b) 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.

  Ms. LANDRIEU. Mr. President, as chair of the Committee on Small 
Business and Entrepreneurship, I am pleased to join the committee's 
ranking member, Olympia Snowe of Maine, in introducing the Small 
Business Export Enhancement and International Trade Act of 2009. 
Building upon legislation that I have introduced in the last three 
Congresses, including, S. 1196 the Small Business International Trade 
Enhancements Act of 2009 that I introduced in June of this year, this 
bipartisan legislation will ensure that small businesses seeking to 
export their goods and services will have access to the resources they 
need to successfully expand into foreign markets. With health premiums 
increasing more each year and cash registers at home not ringing like 
they used to, exporting has become a practical solution for small 
firms. Expanding opportunities for small business trade is not only 
vital to the financial security of our entrepreneurs, it is vital to 
the recovery of our economy.
  Last year, $70 billion in exports maintained or created 600,000 high-
paying American jobs. By creating jobs, as well as lessening the trade 
deficit, an increase in small business exporting will lead us out of 
this recession and make our nation better able to compete in the global 
marketplace. Furthermore, any investments we make in export programs 
will essentially pay for themselves. Every dollar invested in export 
programs increases exports by 40 percent, a World Bank study found.
  In my home State of Louisiana, we have experienced firsthand the 
benefit of expanding and investing in export opportunities. With over 
40 ports and an extensive rail system, Louisiana has long been a top 
destination for companies seeking to export their goods and services, 
particularly exporters. Despite the devastation caused by Hurricanes 
Katrina and Rita, Louisiana has experienced a tremendous growth in 
trade activity during the last five years, largely due to increased 
exports. For example, in 2008 alone, Louisiana exported nearly $41.9 
billion dollars worth of goods and services, representing a 38-percent 
increase from 2007, more than triple the national export growth rate 
for that year.
  However, while most of our Nation's exporters--about 97 percent--are 
small businesses, most of our small businesses are not exporting. In 
fact, small businesses make up just more than a quarter of the 
country's export volume--trade remains dominated by larger businesses. 
This is also true in Louisiana where, despite tremendous growth in 
exports in recent years, small businesses represent 85 percent of 
exporting companies, but account for only 30 percent of the export 
volume. What is holding our entrepreneurs back?
  As chair of the Committee on Small Business and Entrepreneurship, I 
have heard from small exporters across the country. I held a roundtable 
on June 11--``Entrepreneurial Development: Investing in Small 
Businesses to Strengthen our Economy''--to hear from small business and 
exporting leaders. I also held a field hearing in New Orleans on June 
30--``Keeping America Competitive: Federal Programs that Promote Small 
Business Exporting''--at which United States Trade Representative, 
Ambassador Ron Kirk, U.S. Small Business Administration, SBA, 
Administrator Karen Mills, U.S. Export-Import Bank Chairman and 
President Fred Hochberg and several small exporters testified. At these 
events, small exporters told me that the programs and services at the 
Small Business Administration, SBA, and other Federal agencies are 
helpful--but they are not doing everything they could and should do. 
Better coordination and improvements to the programs are needed.
  Like many small businesses, one of the biggest hurdles faced by small 
exporters is access to capital. The current economic conditions 
exacerbate this problem for small firms. The SBA

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offers several loan programs to help small exporters, but years of 
neglect under the previous administration have sometimes rendered these 
valuable tools both unattractive and impractical for borrowers and 
lenders alike.
  One of these programs is the International Trade Loan, ITL, program. 
This program allows exporters to borrow up to $2 million with $1.75 
million guaranteed by the SBA. Exporters can then use this money to 
help develop and expand overseas markets, upgrade equipment and 
facilities or provide an infusion of capital if they are being hurt by 
import competition.
  While the original goal of this program is on target with the needs 
of larger exporters, it has not evolved to meet the financing needs of 
small exporters in an ever-changing global economy. The volume of loans 
made through this program has dropped by more than 90 percent since 
2003. The SBA's other signature trade financing product--the Export 
Working Capital Program--has also seen a significant drop in its loan 
volume, declining by more than 31 percent over the same period.
  With a few small but significant changes to these programs, the SBA 
will once again be able to provide a user friendly and attractive 
financing option that makes sense for both borrowers and lenders. For 
example, one of the biggest problems with the ITL program is a 
discrepancy between the loan cap and the guarantee, forcing borrowers 
to take out a second loan to take full advantage of the guarantee. 
Additionally, ITL's can only be used to acquire fixed assets, rather 
than working capital, a common need for exporters. ITL's also do not 
have the same collateral or refinancing terms as SBA 7(a) loans.
  The provisions in this legislation, and previous versions of the 
legislation that I have introduced in the last three Congresses, 
address these concerns. The bill raises the loan guarantee to $4.5 
million and the loan cap to $5 million, makes working capital an 
eligible use of proceeds, and extends the 7(a) program's terms for 
collateral and refinancing. The end result is a more relevant and more 
practical tool for small exporters.
  By making these simple changes and requiring the agency to publish an 
annual list of all participating banks and lending institutions, the 
SBA's export finance programs will once again provide small exporters 
with the practical and modern financing options small businesses need 
and deserve. These programs, however, are only useful if a small 
business owner can identify which loan products are right for them. 
Local lenders that specialize in export financing can help get these 
products into the hands of the small exporters that need them the most, 
but they are not always the most effective ones to do so.
  The SBA has 18 finance specialists posted at one-stop assistance 
centers throughout the country operated by the Department of Commerce. 
These specialists, at a minimal cost, have facilitated more than $10 
billion in exports in the last 10 years, helping to create 140,000 new 
and higher paying jobs. Unfortunately, this program suffered staff cuts 
under the previous administration. Legislation that I introduced 
earlier this year, S. 1196, as well as other version of this 
legislation that I have introduced in previous Congresses, would 
restore the staffing levels to what they were in 2002, establishing a 
floor of 22 export finance specialists with priority staffing going to 
those centers who have been without a finance specialist since 2003. I 
am pleased that Ranking Member Snowe has included language from my 
legislation establishing a minimum staffing level for the program and I 
applaud her efforts to expand the program at a realistic rate by 
requiring that no fewer than three export finance specialists are 
assigned to each SBA region within two years of enactment. I am also 
pleased that the bill includes language that I proposed, requiring the 
SBA to conduct a reoccurring, biannual study on the availability of 
export finance specialists in high and low export volume areas. This 
will ensure that future assignment of SBA personnel and resources are 
allocated to the areas with the greatest need.
  With more than 20 federal agencies involved in export and trade 
promotion, small exporters often don't know where to turn for help, or 
even that help--like the local finance specialists--even exist. This 
legislation would help bring small business trade to the forefront in 
two ways:
  First, it gives the SBA's Office of International Trade, OIT, more 
resources and a higher profile within the Agency, making it directly 
accountable to the Administrator instead of part of the Office of 
Capital Access, OCA, where it is currently housed. It also requires 
that OIT make numerous internal improvements by requiring the office 
to: maintain a trade information distribution network in partnership 
with other Federal agencies and SBA resource partners; properly staff 
and clarify the role of existing OIT positions in both regional and 
district offices; provide more coordinated training between employees 
of the office and lenders, small exporters and other resource partners; 
develop a comprehensive trade dispute technical assistance program; and 
finally, to develop targeted annual goals and performance metrics. OIT 
is doing an adequate job now, but with these proposed changes, the 
office would have the potential to become a more robust partner and 
visible advocate for small exporters seeking assistance from the SBA. I 
have long advocated for these simple yet important changes and I am 
pleased they made it into the final legislation.
  In addition to improving the coordination and advocacy among Federal 
agencies and making needed changes to existing SBA resources, this bill 
seeks to increase the number of small businesses involved in exporting 
by using State resources more effectively. It does this by creating the 
State Trade and Export Promotion, STEP, program, a 3-year pilot grant 
program modeled after the SBA's successful SBIR-FAST program. Unlike 
existing Federal programs which tend to focus their resources in States 
that already possess a high percentage of small exporters or a large 
export volume, STEP seeks to reach small businesses in States with 
minimal export assistance resources to target businesses that typically 
do not export their goods and services. I have worked closely with the 
small business community in Louisiana and I believe that this program 
will have a tremendous impact not only in my State, but also 
nationally.
  Finally, this legislation requires the SBA to report back to the 
committee on their efforts to promote exports to small businesses 
located in rural areas. With the technology that we posses today, there 
is no reason why a small business located in a rural or traditionally 
nonexporting area shouldn't have access to the same opportunities 
available to those located in urban, or high-export areas. Creating 
access to exporting opportunities for rural small businesses could lead 
to the creation of new jobs and increased development in these 
communities, especially in Louisiana. I am pleased this language was 
included in this bill.
  The Small Business Export Enhancement and International Trade Act of 
2009 is an important first step toward ensuring that small firms will 
have more opportunities to grow. By increasing exporting opportunities 
for small businesses, we will help them expand into international 
markets, create new and higher-paying jobs and strengthen the economy. 
I have heard from some of the members of my committee and I know how 
important this issue is to many of them, especially Ranking Member 
Snowe whom I have worked closely with these past months to develop this 
comprehensive, bipartisan bill. I thank Senator Snowe for her attention 
to this issue and strong willingness to make the changes our small 
exporters so desperately need.
  The 111th Congress will be the third consecutive Congress that I have 
introduced or cosponsored legislation to help our small exporters. I 
introduced a version of this legislation in the 109th Congress as 
S.3663, in the 110th Congress as S. 738 and earlier this year as S. 
1196. In these previous Congresses we have had some success in moving 
the provisions through committee, but as with other SBA reauthorization 
legislation, it stalled in the full Senate. As the new chair of the 
Committee on Small Business and Entrepreneurship this Congress, I have 
made increasing small business export opportunities one of the 
committee's top priorities and will continue to do so in the future. I 
am pleased to join Ranking

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Member Snowe in introducing this legislation and will continue to work 
closely with her and other members of the committee in the coming 
months to bring this legislation to the President's desk.

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