[Congressional Record Volume 161, Number 74 (Thursday, May 14, 2015)]
[Senate]
[Pages S2938-S2940]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1227. Mrs. SHAHEEN submitted an amendment intended to be proposed
to amendment SA 1221 proposed by Mr. Hatch to the bill H.R. 1314, to
amend the Internal Revenue Code of 1986 to provide for a right to an
administrative appeal relating to adverse determinations of tax-exempt
status of certain organizations; which was ordered to lie on the table;
as follows:
At the end of section 109, add the following:
(c) Outreach and Input From Small Businesses to Trade
Promotion Authority.--Section 609 of title 5, United States
Code, is amended by adding at the end the following:
``(f)(1) Not later than 30 days after the date on which the
President submits the notification required under section
5(a) of the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015, the Chief Counsel for Advocacy of
the Small Business Administration (in this subsection
referred to as the `Chief Counsel') shall convene an
Interagency Working Group (in this subsection referred to as
the `Working Group'), which shall consist of an employee from
each of the following agencies, as selected by the head of
the agency or an official delegated by the head of the
agency:
``(A) The Office of the United States Trade Representative.
``(B) The Department of Commerce.
``(C) The Department of Agriculture.
``(D) Any other agency that the Chief Counsel, in
consultation with the United States Trade Representative,
determines to be relevant with respect to the subject of the
trade agreement being negotiated pursuant to section 3(b) of
the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 (in this subsection referred to as
the `covered trade agreement').
``(2) Not later than 30 days after the date on which the
Chief Counsel convenes the Working Group under paragraph (1),
the Chief Counsel shall identify a diverse group of small
entities, representatives of small entities, or a combination
thereof, to provide to the Working Group the views of small
businesses in the manufacturing, services, and agriculture
industries on the potential economic effects of the covered
trade agreement.
``(3)(A) Not later than 180 days after the date on which
the Chief Counsel convenes the Working Group under paragraph
(1), the Chief Counsel shall submit to the Committee on Small
Business and Entrepreneurship and the Committee on Finance of
the Senate and the Committee on Small Business and the
Committee on Ways and Means of the House of Representatives a
report on the economic impacts of the covered trade agreement
on small entities, which shall--
``(i) identify the most important priorities,
opportunities, and challenges to various industries from the
covered trade agreement;
``(ii) assess the impact for new small entities to start
exporting, or increase their exports, to markets in the
covered trade agreement;
``(iii) analyze the competitive position of industries
likely to be significantly affected by the covered trade
agreement;
``(iv) identify--
``(I) any State-owned enterprises in each country
pertaining to the covered trade agreement that could be pose
a threat to small entities; and
``(II) any steps to take to create a level-playing field
for those small entities;
``(v) identify any rule of an agency that should be
modified to become compliant with the covered trade
agreement; and
``(vi) include an overview of the methodology used to
develop the report, including the number of small entity
participants by industry, how those small entities were
selected, and any other factors that the Chief Counsel may
determine appropriate.
``(B) To ensure that negotiations for the covered trade
agreement are not disrupted, the President may require that
the Chief Counsel delay submission of the report under
subparagraph (A) until after the negotiations of the covered
trade agreement are concluded, provided that the delay allows
the Chief Counsel to submit the report to Congress not later
than 45 days before the Senate or the House of
Representatives acts to approve or disapprove the covered
trade agreement.
``(C) The Chief Counsel shall, to the extent practicable,
coordinate the submission of the report under this paragraph
with the United States International Trade Commission, the
United States Trade Representative, other agencies, and trade
advisory committees to avoid unnecessary duplication of
reporting requirements.''.
(d) State Trade and Export Promotion Grant Program.--
Section 22 of the Small Business Act (15 U.S.C. 652) is
amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) State Trade and Export Promotion Grant Program.--
``(1) Definitions.--In this subsection--
``(A) the term `eligible small business concern' means a
business concern that--
``(i) is organized or incorporated in the United States;
``(ii) is operating in the United States;
``(iii) meets--
``(I) the applicable industry-based small business size
standard established under section 3; or
``(II) the alternate size standard applicable to the
program under section 7(a) of this Act and the loan programs
under title V of the Small Business Investment Act of 1958
(15 U.S.C. 695 et seq.);
``(iv) has been in business for not less than 1 year, as of
the date on which assistance using a grant under this
subsection commences;
``(v) is export ready, as determined by the Associate
Administrator; and
``(vi) has access to sufficient resources to bear the costs
associated with exporting and doing business with foreign
purchasers, including the costs of packing, shipping, freight
forwarding, and customs brokers;
``(B) the term `program' means the State Trade and Export
Promotion Grant Program established under paragraph (2);
``(C) the term `rural small business concern' means an
eligible 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;
``(D) 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.
637(a)(4)(A)); and
``(E) the term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, the Commonwealth of the Northern
Mariana Islands, and American Samoa.
``(2) Establishment of program.--The Associate
Administrator shall establish a trade and export promotion
grant 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--
``(A) participation in a foreign trade mission;
``(B) a foreign market sales trip;
``(C) a subscription to services provided by the Department
of Commerce;
``(D) the payment of website translation fees;
``(E) the design of international marketing media;
``(F) a trade show exhibition;
``(G) participation in training workshops;
``(H) a reverse trade mission;
``(I) procurement of foreign consultancy services (after
consultation with the Department of Commerce to avoid
duplication); or
``(J) any other export initiative determined appropriate by
the Associate Administrator.
``(3) Grants.--
``(A) 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 and to increase the value of the
exports by eligible small business concerns in the State.
``(B) Considerations.--In making grants under this
subsection, the Associate Administrator may give priority to
an application by a State that proposes an export program
that--
``(i) focuses on eligible small business concerns as part
of an export promotion program;
``(ii) demonstrates intent to promote 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;
``(iii) promotes exports from a State that is not 1 of the
10 States with the highest percentage of exporters that are
eligible small business concerns, based upon the most recent
data available from the Department of Commerce; and
``(iv) includes--
``(I) activities which have resulted in the highest return
on investment based on the most recent year; and
``(II) the adoption of shared best practices included in
the annual report of the Administration.
``(C) Limitations.--
``(i) Single application.--A State may not submit more than
1 application for a grant under the program in any 1 fiscal
year.
``(ii) Proportion of amounts.--The total value of grants
made under the program during a fiscal year to the 10 States
with the highest percentage of exporters that are eligible
small business concerns, based upon the most recent data
available from the Department of Commerce, shall be not more
than 40 percent of the amounts appropriated for the program
for that fiscal year.
``(iii) Duration.--The Associate Administrator shall award
a grant under this program for a period of not more than 2
years.
``(D) Application.--
``(i) In general.--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.
``(ii) Consultation to reduce duplication.--A State
desiring a grant under the program shall--
``(I) before submitting an application under clause (i),
consult with applicable trade agencies of the Federal
Government on the scope and mission of the activities the
State proposes to carry out using the grant, to ensure proper
coordination and reduce duplication in services; and
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``(II) document the consultation conducted under subclause
(I) in the application submitted under clause (i).
``(4) Competitive basis.--The Associate Administrator shall
award grants under the program on a competitive basis.
``(5) Federal share.--The Federal share of the cost of an
export program carried out using a grant under the program
shall be--
``(A) for a State that has a high export volume, as
determined by the Associate Administrator, not more than 65
percent; and
``(B) for a State that does not have a high export volume,
as determined by the Associate Administrator, not more than
75 percent.
``(6) Non-federal share.--The non-Federal share of the cost
of an export program carried out using a grant under the
program shall be comprised of not less than 50 percent cash
and not more than 50 percent of indirect costs and in-kind
contributions, except that no such costs or contributions may
be derived from funds from any other Federal program.
``(7) Reports.--
``(A) Initial report.--Not later than 120 days after the
date of enactment of this subsection, 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--
``(i) a description of the structure of and procedures for
the program;
``(ii) a management plan for the program; and
``(iii) a description of the merit-based review process to
be used in the program.
``(B) Annual reports.--
``(i) In general.--The Associate Administrator shall
publish on the website of the Administration an annual report
regarding the program, which shall include--
``(I) the number and amount of grants made under the
program during the preceding year;
``(II) a list of the States receiving a grant under the
program during the preceding year, including the activities
being performed with each grant;
``(III) the effect of each grant on exports by eligible
small business concerns in the State receiving the grant;
``(IV) the total return on investment for each State; and
``(V) a description of best practices by States that showed
high returns on investment and significant progress in
helping more eligible small business concerns to export.
``(ii) Notice to congress.--On the date on which the
Associate Administrator publishes a report under clause (i),
the Associate Administrator shall notify the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives
that the report has been published.
``(8) Reviews by inspector general.--
``(A) In general.--The Inspector General of the
Administration shall conduct a review of--
``(i) 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
``(ii) the overall management and effectiveness of the
program.
``(B) Reports.--
``(i) Pilot program.--Not later than 6 months after the
date of enactment of this subsection, 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 use of amounts made available under the State
Trade and Export Promotion Grant Program under section 1207
of the Small Business Jobs Act of 2010 (15 U.S.C. 649b note).
``(ii) New step program.--Not later than 18 months after
the date on which the first grant is awarded under this
subsection, 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 subparagraph (A).
``(9) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program--
``(A) $30,000,000 for fiscal year 2016;
``(B) $35,000,000 for fiscal year 2017;
``(C) $40,000,000 for fiscal year 2018;
``(D) $45,000,000 for fiscal year 2019; and
``(E) $50,000,000 for fiscal year 2020.''.
(e) Membership of Representatives of State Trade Promotion
Agencies on Trade Promotion Coordinating Committee.--Section
2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended--
(1) in subsection (d)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following:
``(2) Representatives from state trade promotion
agencies.--
``(A) In general.--The TPCC shall also include 1 or more
members appointed by the President, after consultation with
associations representing State trade promotion agencies, who
are representatives of State trade promotion agencies.
``(B) Term.--A member appointed under subparagraph (A)
shall be appointed for a term of 2 years.
``(C) Personnel matters.--
``(i) No compensation.--A member of the TPCC appointed
under subparagraph (A) shall serve without compensation.
``(ii) Travel expenses.--A member of the TPCC appointed
under subparagraph (A) shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
the homes or regular place of business of the member in the
performance of services for the TPCC.
``(iii) Administrative assistance.--The Secretary of
Commerce, or the head of another agency, as appropriate,
shall make available to a member of the TPCC appointed under
subparagraph (A) administrative services and assistance,
including a security clearance, as the member may reasonably
require to carry out services for the TPCC.''; and
(2) in subsection (e), in the first sentence, by inserting
``(other than members described in subsection (d)(2))'' after
``Members of the TPCC''.
(f) State and Federal Export Promotion Coordination Working
Group.--Subtitle C of the Export Enhancement Act of 1988 (15
U.S.C. 4721 et seq.) is amended by inserting after section
2313 the following:
``SEC. 2313A. STATE AND FEDERAL EXPORT PROMOTION COORDINATION
WORKING GROUP.
``(a) Statement of Policy.--It is the policy of the United
States to promote exports as an opportunity for small
businesses. In exercising their powers and functions in order
to advance that policy, all Federal departments and agencies
shall work constructively with State and local agencies
engaged in export promotion and export financing activities.
``(b) Establishment.--The President shall establish a State
and Federal Export Promotion Coordination Working Group (in
this section referred to as the `Working Group') as a
subcommittee of the Trade Promotion Coordination Committee
(in this section referred to as the `TPCC').
``(c) Purposes.--The purposes of the Working Group are--
``(1) to identify issues related to the coordination of
Federal resources relating to export promotion and export
financing with such resources provided by State and local
governments;
``(2) to identify ways to improve coordination with respect
to export promotion and export financing activities through
the strategic plan developed under section 2312(c);
``(3) to develop a strategy for improving coordination of
Federal and State resources relating to export promotion and
export financing, including methods to eliminate duplication
of effort and overlapping functions; and
``(4) to develop a strategic plan for considering and
implementing the suggestions of the Working Group as part of
the strategic plan developed under section 2312(c).
``(d) Membership.--The Secretary of Commerce shall select
the members of the Working Group, who shall include--
``(1) representatives from State trade agencies
representing regionally diverse areas; and
``(2) representatives of the departments and agencies that
are represented on the TPCC, who are designated by the heads
of their respective departments or agencies to advise the
head on ways of promoting the exportation of United States
goods and services.''.
(g) Report on Improvements to Export.gov as a Single Window
for Export Information.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Associate Administrator for
International Trade of the Small Business Administration
shall, after consultation with the entities specified in
paragraph (2), submit to the appropriate congressional
committees a report that includes the recommendations of the
Associate Administrator for improving the experience provided
by the Internet website Export.gov (or a successor website)
as--
(A) a comprehensive resource for information about
exporting articles from the United States; and
(B) a single website for exporters to submit all
information required by the Federal Government with respect
to the exportation of articles from the United States.
(2) Entities specified.--The entities specified in this
paragraph are--
(A) small business concerns (as defined in section 3 of the
Small Business Act (15 U.S.C. 632)) that are exporters; and
(B) the President's Export Council, State agencies with
responsibility for export promotion or export financing,
district export councils, and trade associations.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Small Business and Entrepreneurship
and the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(B) the Committee on Small Business and the Committee on
Foreign Affairs of the House of Representatives.
(h) Small Business Interagency Task Force on Export
Financing.--
(1) In general.--The Administrator of the Small Business
Administration, the Secretary of Agriculture, the Export-
Import Bank of the United States, and the Overseas
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Private Investment Corporation shall jointly establish a
Small Business Inter-Agency Task Force on Export Financing
to--
(A) review and improve Federal export finance programs for
small business concerns; and
(B) coordinate the activities of the Federal Government to
assist small business concerns seeking to export.
(2) Definition.--In this subsection, the term ``small
business concern'' has the meaning given that term in section
3 of the Small Business Act (15 U.S.C. 632).
(i) Availability of State Resources Guides on Export.gov.--
The Secretary of Commerce shall make available on the
Internet website Export.gov (or a successor website)
information on the resources relating to export promotion and
export financing available in each State--
(1) organized by State; and
(2) including information on State agencies with
responsibility for export promotion or export financing and
district export councils and trade associations located in
the State.
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