[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4767-S4771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2452. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:-
DIVISION F--STATE TRADE EXPANSION PROGRAM
SEC. 6001. SHORT TITLE.
This division may be cited as the ``State Trade Expansion
Program Modernization Act of 2024''.
SEC. 6002. FINDINGS.
Congress finds the following:
(1) The State Trade Expansion Program established under
section 22(l) of the Small Business Act (15 U.S.C. 649(l))
(in this section referred to as ``STEP'') was created by
Congress in 2010 to grow the number of small business
concerns (as defined under section 3 of such Act (15 U.S.C.
632) and in this section referred to as a ``small business
concern'') that export, increase the value of goods exported
by the small business sector, and help businesses identify
new markets.
(2) Helping small firms in the United States begin to
export or build upon their existing export capacity generates
investment in local economies and spurs employment.
(3) Despite 95 percent of global consumers living outside
of the United States, less than 4 percent of small business
concerns in the United States export their products or
services.
(4) Many small business concerns in the United States that
could grow by exporting lack the dedicated staff, required
technical skills, and necessary budgetary resources for
international expansion.
(5) STEP provides vital assistance to small business
concerns, particularly to those that have never had the
opportunity to sell their products or services abroad.
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(6) According to data of the Bureau of the Census, there
were approximately 5,900,000 employer firms in the United
States as of 2021, of which more than 1,200,000, or
approximately 22 percent, were women-owned. However,
according to the data, of the 128,460 exporting small firms,
only 21,626, or 17 percent, were women-owned firms, meaning
that, of small firms, 5 times as many male-owned firms export
as women-owned firms. The data show that the overall
disparity in business ownership between men and women is even
greater among exporting businesses.
(7) According to research conducted by the Small Business
Administration, smaller firms tend to produce fewer outputs
and are less likely to export than larger firms. Data of the
Bureau of the Census show that women-owned firms employ 33
percent fewer workers on average than male-owned firms and
are less likely to enjoy the benefits of international trade.
(8) Exporting is a highly effective way for businesses to
expand their markets and increase their productivity. As
States expand export-enhancing activities through STEP,
additional small firms will benefit from the higher demand
for their goods and services and increased profits associated
with international trade.
(9) During the first 10 years of operation, STEP enabled
more than 12,000 small business concerns to explore export
opportunities, helping them reach markets in 141 countries.
(10) Congress recognizes that STEP can be improved to
reduce the administrative burden for grantees, streamline
reporting and compliance requirements, give grantees more
flexibility, make grant awards more transparent and
consistent, and set more predictable application deadlines.
(11) Congress also recognizes that making awards under STEP
more consistent and transparent will simplify the program and
incentivize more States to participate so that small business
concerns are supported in all States.
SEC. 6003. STREAMLINING APPLICATION, REPORTING, AND
COMPLIANCE REQUIREMENTS.
(a) Requirement for Funding Information To Be Kept
Current.--Section 22(l)(3) of the Small Business Act (15
U.S.C. 649(l)(3)) is amended by adding at the end the
following:
``(E) Requirement for funding information to be kept
current.--The Associate Administrator shall--
``(i) maintain on the website of the Administration a
publicly accessible list of links to documents containing the
most up-to-date information about program requirements and
application procedures, including the latest notice of
funding opportunity, all active Director's Memos, and any
determination made related to eligible expenditures or the
classification of expenditures as direct or indirect; and
``(ii) update the list described in clause (i) before any
new clarification, instruction, directive, requirement,
determination, or classification relating to the program
takes effect.''.
(b) Timing of Funding Information Release.--Section
22(l)(3)(D) of the Small Business Act (15 U.S.C.
649(l)(3)(D)) is amended by adding at the end the following:
``(iii) Timing.--The Associate Administrator shall--
``(I) publish information on how to apply for a grant under
this subsection, including specific calculations and other
determinations used to award such a grant, not later than
March 31 of each year;
``(II) establish a deadline for the submission of
applications that is--
``(aa) not earlier than 60 days after the date on which the
information is published under subclause (I); and
``(bb) not later than--
``(AA) May 31 of each year; or
``(BB) in the event that full-year appropriations for the
program for a fiscal year have not been enacted as of
February 1 of such fiscal year, 120 days after full-year
appropriations are enacted; and
``(III) announce grant recipients not later than--
``(aa) September 30 of each year; or
``(bb) in the event that full-year appropriations for the
program for a fiscal year have not been enacted as of
February 1 of such fiscal year, 210 days after full-year
appropriations are enacted.''.
(c) Application Streamlining.--Section 22(l)(3)(D) of the
Small Business Act (15 U.S.C. 649(l)(3)(D)), as amended by
subsection (b) of this section, is amended by adding at the
end the following:
``(iv) Application streamlining.--
``(I) In general.--The Associate Administrator shall
establish a concise application for grants under the program
that shall encompass all necessary information, including--
``(aa) the proposal of the State, territory, or
commonwealth to manage the program;
``(bb) an overview of the trade office and staff of the
State, territory, or commonwealth;
``(cc) a description of the key mission and objective, key
activities planned, and estimated key performance indicators;
``(dd) a detailed budget, which, for a State, shall include
a description of the cash, indirect costs, and in-kind
contributions the State has committed to provide for the non-
Federal share of the cost of the trade expansion program of
the State to be carried out using a grant under the program;
and
``(ee) for a State, whether the State is requesting to
receive additional funds allocated under paragraph (5)(F), if
applicable.
``(II) Scope.--The application established under subclause
(I) shall--
``(aa) include all the information required for the
technical proposal;
``(bb) eliminate any unnecessary or duplicative materials,
except to the extent the duplication is due to the use of
standard forms or documents that are not specific to the
Administration and are used by other Federal grant programs;
and
``(cc) to the extent feasible, use forms common to other
Federal trade and export programs.''.
(d) Ability to Review Applications After Award.--Section
22(l)(3) of the Small Business Act (15 U.S.C. 649(l)(3)), as
amended by subsection (a) of this section, is amended by
adding at the end the following:
``(F) Application information.--The Associate Administrator
shall clearly communicate to applicants and grant recipients
information about award decisions under this subsection,
including--
``(i) for each unsuccessful applicant for a grant awarded
under this subsection, providing recommendations to improve a
subsequent application for such a grant;
``(ii) for each successful applicant for such a grant,
providing an explanation for the amount awarded, if different
from the amount requested in the application; and
``(iii) upon request, offering to have the program manager
who reviewed the application discuss with the applicant how
to improve a subsequent application for such a grant.''.
(e) Budget Plan Submission and Revisions.--Section 22(l)(3)
of the Small Business Act (15 U.S.C. 649(l)(3)), as amended
by subsection (d) of this section, is amended--
(1) in subparagraph (D)(i), by inserting ``, including a
budget plan for use of funds awarded under this subsection''
before the period at the end; and
(2) by adding at the end the following:
``(G) Budget plan revisions.--
``(i) In general.--A State, territory, or commonwealth
receiving a grant under this subsection may revise the budget
plan of the State, territory, or commonwealth submitted under
subparagraph (D) after the disbursal of grant funds if--
``(I) the revision complies with allowable uses of grant
funds under this subsection; and
``(II) such State, territory, or commonwealth submits
notification of the revision to the Associate Administrator.
``(ii) Exception.--If a revision under clause (i)
reallocates 10 percent or more of the amounts described in
the budget plan of the State, territory, or commonwealth
submitted under subparagraph (D), the State, territory, or
commonwealth may not implement the revised budget plan
without the approval of the Associate Administrator, unless
the Associate Administrator fails to approve or deny the
revised plan within 20 days after receipt of such revised
plan.''.
(f) Reporting by Recipients; Processing of
Reimbursements.--Section 22(l)(7) of the Small Business Act
(15 U.S.C. 649(l)(7)) is amended by adding at the end the
following:
``(C) Reporting by recipients; processing of
reimbursements.--
``(i) In general.--The Associate Administrator shall
establish for recipients of grants under the program a
streamlined reporting process, template, or spreadsheet
format to report information regarding the program and key
performance indicators required by an Act of Congress that--
``(I) a State, territory, or commonwealth may use to upload
required compliance reports relating to the grants;
``(II) minimizes the manual entry of specific data
regarding eligible small business concerns, including
performance data;
``(III) eliminates any duplicative or unnecessary reporting
requirements that are not required for the Associate
Administrator to--
``(aa) report the information specified in subparagraph
(B);
``(bb) make allocations under paragraph (5)(B); or
``(cc) conduct necessary oversight of the program;
``(IV) to the extent feasible, accommodates the use and
uploading of spreadsheets or templates generated from
customer relationship management or spreadsheet software; and
``(V) may not require a State, territory, or commonwealth
to submit information more frequently than twice per year.
``(ii) Processing of reimbursement requests.--The Associate
Administrator shall--
``(I) process information submitted by a State, territory,
or commonwealth for purposes of obtaining reimbursement for
eligible activities in a timely manner, without regard to
whether the information is submitted semiannually, as
described in clause (i)(V), or quarterly, if the State,
territory, or commonwealth elects to submit information
quarterly;
``(II) notify a State, territory, or commonwealth if such
information is not processed on or before the date that is 21
days after the date such information is submitted; and
``(III) provide an estimated completion timeline with any
notification under subclause (II).
``(iii) Rule of construction.--Nothing in clause (i) shall
be construed to prohibit a
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State, territory, or commonwealth from submitting information
for purposes of obtaining reimbursement for eligible
activities on a quarterly basis, at the election of the
State, territory, or commonwealth, respectively.''.
(g) Requirements Related to State Employees.--Section
22(l)(3) of the Small Business Act (15 U.S.C. 649(l)(3)), as
amended by subsection (e) of this section, is amended by
adding at the end the following:
``(H) Limitation on collection of state official and
employee information.--
``(i) In general.--Subject to clause (ii), the Associate
Administrator--
``(I) may only require that a State, territory, or
commonwealth include with an application for a grant under
the program detailed information, such as a position
description and resume, for the State, territory, or
commonwealth official or employee that would manage the
grant;
``(II) may only require that a State, territory, or
commonwealth receiving a grant under the program report the
salary of a State, territory, or commonwealth official or
employee to the extent that the State, territory, or
commonwealth--
``(aa) includes such salary as part of the non-Federal
share of the cost of the trade expansion program; or
``(bb) uses amounts received under the grant for the cost
of such salary, in whole or in part; and
``(III) with respect to a State, territory, or commonwealth
official or employee who is not directly managing a grant
under the program, may only require the State, territory, or
commonwealth to report the name, position, and contact
information of the official or employee.
``(ii) Exceptions.--The Associate Administrator may require
a State, territory, or commonwealth to provide information
about a State, territory, or commonwealth official or
employee that is relevant to any investigation into suspected
mismanagement, fraud, or malfeasance or that is necessary to
comply with Federal grant requirements.''.
(h) Limitation on Compliance Audits.--Section 22(l) of the
Small Business Act (15 U.S.C. 649(l)) is amended--
(1) by redesignating paragraphs (7), (8), and (9) as
paragraphs (10), (11), and (12), respectively;
(2) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(3) by inserting after paragraph (7), as so redesignated,
the following:
``(8) Compliance audits.--
``(A) In general.--Except as provided in subparagraph (B),
the Associate Administrator may not conduct an audit of a
State, territory, or commonwealth to evaluate compliance with
this subsection more than once every 3 years.
``(B) Exceptions.--The Associate Administrator may conduct
an audit of a State, territory, or commonwealth to evaluate
compliance with this subsection more than once every 3 years
if--
``(i) the amount allocated to the State, territory, or
commonwealth under a grant under this subsection for a fiscal
year is an increase of not less than 15 percent from the
allocation for the State, territory, or commonwealth for the
prior fiscal year;
``(ii) the Associate Administrator believes that amounts
received by the State, territory, or commonwealth under a
grant under this subsection are being used for ineligible
activities or as part of fraudulent activity; or
``(iii) the most recent audit report shows evidence of
material noncompliance with program requirements, in which
case the Associate Administrator may conduct an audit
annually until compliance is reestablished.''.
SEC. 6004. FUNDING TRANSPARENCY AND PREDICTABILITY.
(a) Cap on Reductions in Grants.--Section 22(l) of the
Small Business Act (15 U.S.C. 649(l)) is amended by striking
paragraph (4) and inserting the following:
``(4) Limitations.--
``(A) Definitions.--In this paragraph--
``(i) the term `current fiscal year' means the fiscal year
for which the Administrator is determining the amount of a
grant to be awarded to a State, territory, or commonwealth
under the program; and
``(ii) the term `prior fiscal year' means the most recent
fiscal year before the current fiscal year for which a State,
territory, or commonwealth received a grant under the
program.
``(B) General limitation on reductions in grants.--Subject
to subparagraphs (C) and (D), the Administrator may not award
a grant to a State, territory, or commonwealth under the
program for the current fiscal year in an amount that is less
than 80 percent of the amount received by the State,
territory, or commonwealth under a grant under the program
for the prior fiscal year.
``(C) Potential additional adjustments.--
``(i) Exception for reduction in appropriations.--Subject
to subparagraph (D), if the total amount appropriated for the
program for the current fiscal year is less than the amount
appropriated for the program for the prior fiscal year, for
purposes of applying subparagraph (B), the Administrator
shall substitute for `the amount received by the State,
territory, or commonwealth under a grant under the program
for the prior fiscal year' the product obtained by
multiplying--
``(I) subject to clause (ii) of this subparagraph, the
amount received by the State, territory, or commonwealth
under a grant under the program for the prior fiscal year; by
``(II) the ratio of the appropriation for the current
fiscal year to the appropriation for the prior fiscal year.
``(ii) Exception for grantees that use less than 80 percent
of the amount of a grant.--Subject to subparagraph (D), if a
State, territory, or commonwealth expends less than 80
percent of the amount of a grant under the program for the
prior fiscal year before the end of the period of the grant
for the prior fiscal year established under paragraph
(3)(C)(iii)(I), for purposes of applying subparagraph (B) of
this paragraph, if appropriations are not reduced, or
applying clause (i) of this subparagraph, if appropriations
are reduced, the Administrator shall substitute for `the
amount received by the State, territory, or commonwealth
under a grant under the program for the prior fiscal year'
the difference obtained by subtracting--
``(I) the amount equal to 50 percent of the amount
remaining available under the grant under the program to the
State, territory, or commonwealth for the prior fiscal year,
as of the last day of such period; from
``(II) the amount of the grant under the program to the
State, territory, or commonwealth for the prior fiscal year.
``(iii) Exception for increase in grantees resulting in
insufficient funding.--If the number of States, territories,
or commonwealths participating in the program has increased
from the prior fiscal year to such an extent that funding is
not sufficient to provide each grantee the minimum amount
required under this paragraph (including any reductions under
clause (i) or (ii) of this subparagraph, if applicable) the
Administrator may make pro rata reductions to the minimum
grant amount otherwise required under this paragraph on a
one-time basis to ensure that all qualified applicants may
receive grants.
``(D) Violations.--The amount of a grant to a State,
territory, or commonwealth may be less than the minimum
amount determined under subparagraph (B) (including any
substitution of amounts under clauses (i) and (ii) of
subparagraph (C), as applicable), if the State, territory, or
commonwealth has been found to have committed a significant
violation of the rules or policies of the program.''.
(b) Permitting Carryover of Unused Grant Funds.--Section
22(l)(3)(C) of the Small Business Act (15 U.S.C.
649(l)(3)(C)) is amended--
(1) in clause (ii), by striking ``40 percent'' and
inserting ``30 percent''; and
(2) in clause (iii)--
(A) by striking ``The Associate Administrator'' and
inserting the following:
``(I) In general.--The Associate Administrator''; and
(B) by adding at the end the following:
``(II) Grantees that use less than the full amount of a
grant.--
``(aa) In general.--Subject to item (bb), for a State,
territory, or commonwealth that does not expend the entire
amount of a grant under the program before the end of the
period of the grant established under subclause (I), the
State, territory, or commonwealth may expend amounts
remaining available under the grant as of the last day of
such period during the first fiscal year after such period,
in an amount not to exceed 20 percent of the amount
originally made available under such grant.
``(bb) Forfeited grants.--Item (aa) shall not apply to a
grant under the program to a State, territory, or
commonwealth that was forfeited due to a significant program
violation by the State, territory, or commonwealth.
``(cc) Return of grant funds.--A State, territory, or
commonwealth shall return to the Treasury--
``(AA) any amounts remaining available under a grant under
the program at the end of the period of the grant established
under subclause (I) that are not available for expenditure
under item (aa) of this subclause; and
``(BB) any amounts that are available for expenditure under
item (aa) and are not expended on or before the date that is
1 year after the last day of the original period of the grant
established under subclause (I).''.
(c) Funding Formula.--Section 22(l) of the Small Business
Act (15 U.S.C. 649(l)) is amended by inserting after
paragraph (4), as amended by subsection (a) of this section,
the following:
``(5) Funding formula.--
``(A) Minimum allocation.--Subject to paragraph (4), and
except as provided otherwise in this paragraph, the minimum
amount of a grant under the program for a fiscal year--
``(i) for a territory or commonwealth, shall be the amount
equal to 0.5 percent of the total amount appropriated for the
program for the fiscal year; and
``(ii) for a State, shall be the amount equal to 0.75
percent of the total amount appropriated for the program for
the fiscal year.
``(B) Additional funds.--
``(i) In general.--Subject to clause (ii), amounts
remaining for grants under the program for a fiscal year
after the minimum allocation under subparagraph (A) shall be
allocated among States receiving a grant under the program in
accordance with the following metrics:
``(I) 20 percent of amounts remaining shall be
proportionally allocated based on the ratio, for the most
recently completed grant cycle for which complete reporting
data is available, of the dollar value of export sales
reported by a State that were initiated as a result of
program activities undertaken by
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eligible small business concerns that are located in the
State to the amount of the grant received by the State.
``(II) 20 percent of amounts remaining shall be
proportionally allocated based on the ratio, for the most
recently completed grant cycle for which complete reporting
data is available, of the total number of activities
described in paragraph (2) undertaken by eligible small
business concerns participating in the program that are
located in the State to the amount of the grant received by
the State.
``(III) 15 percent of amounts remaining shall be
proportionally allocated based on the ratio, for the most
recently completed grant cycle for which complete reporting
data is available, of the number of eligible small business
concerns participating in the program for the first time that
are located in the State to the amount of the grant received
by the State.
``(IV) 15 percent of amounts remaining shall be
proportionally allocated based on the ratio, for the most
recently completed grant cycle for which complete reporting
data is available, of the number of eligible small business
concerns participating in the program that are located in the
State and that engaged in trade outside the United States for
the first time to the amount of the grant received by the
State.
``(V) 15 percent of amounts remaining shall be
proportionally allocated based on the ratio, for the most
recently completed grant cycle for which complete reporting
data is available, of the total number of new markets reached
by eligible small business concerns participating in the
program that are located in the State to the amount of the
grant received by the State.
``(VI) 15 percent of amounts remaining shall be
proportionally allocated based on the ratio, for the most
recently completed grant cycle, of the total number of
eligible small business concerns participating in the program
that are located in the State to the number of eligible small
business concerns participating in the program that are
located in the State and that meet 1 or more of the following
criteria:
``(aa) Located in a low-income or moderate-income area.
``(bb) Located in a rural area.
``(cc) Located in an HUBZone, as that term is defined in
section 31(b).
``(dd) Located in a community that has been designated as
an empowerment zone or enterprise community under section
1391 of the Internal Revenue Code of 1986.
``(ee) Located in a community that has been designated as a
promise zone by the Secretary of Housing and Urban
Development.
``(ff) Located in a community that has been designated as a
qualified opportunity zone under section 1400Z-1 of the
Internal Revenue Code of 1986.
``(gg) Being owned by women.
``(ii) Limitation.--In allocating funds under each of
subclauses (I) through (VI) of clause (i), the amount of
funds allocated under such subclause to the State with the
highest ratio for a metric may not be more than 10 times the
amount of funds allocated under such subclause to the State
with the lowest ratio that is greater than zero for that
metric.
``(C) Limit on reduction below grant before enactment.--In
addition to the limitations under paragraph (4), and except
to the extent a State elects to return funds under
subparagraph (E), the amount of a grant to the State under
the program for any fiscal year may not be less than the
amount of the grant to the State under the program for the
most recent full fiscal year before the date of enactment of
the State Trade Expansion Program Modernization Act of 2024
for which the State received such a grant.
``(D) Matching requirement for formula funds.--The
Associate Administrator shall provide to each State receiving
a grant under the program an award in the amount calculated
in accordance with the funding formula under subparagraphs
(A), (B), and (C) if the State has committed to provide the
necessary cash, indirect costs, and in-kind contributions for
the non-Federal share of the cost of the trade expansion
program of the State, as required under paragraph (6).
``(E) Return of grants.--Not later than 15 days after the
date on which the Associate Administrator notifies a State of
the amount to be awarded to the State under a grant under the
program for a fiscal year, the State may decline or return to
the Associate Administrator, in whole or in part, such
amounts.
``(F) Distribution of returned and remaining amounts.--
``(i) Remaining amounts.--In this subparagraph, the term
`remaining amounts' means--
``(I) amounts declined or returned under subparagraph (E)
for a fiscal year; or
``(II) amounts remaining for grants under the program for a
fiscal year after allocating funds in accordance with
subparagraphs (A), (B), and (C) due to reductions in the
amount of grants because of the amount committed by States
for the non-Federal share of the cost of the trade expansion
program of the States.
``(ii) Distribution.--The Associate Administrator shall
distribute any remaining amounts for a fiscal year among the
States receiving a grant under the program that requested to
receive such remaining amounts, in an amount that is
proportional to the allocations under subparagraphs (A), (B),
and (C).
``(G) Limitation on basis for reducing amounts.--The
Associate Administrator may not reduce the amount determined
to be allocated or distributed to a State under any
subparagraph of this paragraph based on the proposed use of
such amount by the State, except to the extent that such use
is not an eligible use of funds for a grant under the
program.
``(H) Rounding.--The total amount of a grant to a State,
territory, or commonwealth under the program, as determined
under this paragraph, shall be rounded to the nearest
increment of $1,000.
``(I) Application.--
``(i) In general.--The Associate Administrator shall award
grants under this subsection based on the formula described
in this paragraph, and without regard to paragraph (3)(B)--
``(I) for the second consecutive fiscal year for which the
amount made available for the program is not less than
$30,000,000; and
``(II) for each fiscal year after the fiscal year described
in subclause (I) for which the amount made available for the
program is not less than $30,000,000.
``(ii) Award when not based on formula.--For any fiscal
year for which grants are not awarded based on the formula
described in this paragraph, the Associate Administrator
shall award grants under this subsection on a competitive
basis, taking into account the considerations described in
paragraph (3)(B).
``(J) Transition plan.--
``(i) Initial plan.--
``(I) In general.--If the amount made available for the
program for a fiscal year is not less than $30,000,000, the
Associate Administrator shall develop a transition plan
describing how the Administration intends to begin awarding
grants based on the formula described in this paragraph, to
ensure the Administration is prepared to award grants based
on the formula described in this paragraph if the amount made
available for the program for the next fiscal year is not
less than $30,000,000.
``(II) One-time requirement.--Subclause (I) shall not apply
on and after the first day of the first fiscal year for which
the Associate Administrator awards grants based on the
formula described in this paragraph.
``(III) Requirement to use formula.--The Associate
Administrator shall award grants based on the formula
described in this paragraph in accordance with the
requirements under subparagraph (I), without regard to
whether the Associate Administrator develops the transition
plan required under subclause (I) of this clause.
``(ii) Updates.--If, for any fiscal year after the first
fiscal year for which the Associate Administrator awards
grants based on the formula described in this paragraph, the
amount made available for the program for the fiscal year is
less than $30,000,000, the Associate Administrator shall
update the plan to award grants based on the formula
described in this paragraph, to ensure the Administration is
prepared to award grants based on the formula described in
this paragraph if the amount made available for the program
for the next fiscal year is not less than $30,000,000.
``(K) Reporting.--Not later than 180 days after the end of
each fiscal year for which the amount of grants under this
subsection is determined under the formula described in this
paragraph, 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 that provides the information used
by the Associate Administrator to determine the amounts of
grants under the formula, which shall include for the
applicable fiscal year--
``(i) the number of States that applied for a grant under
the program;
``(ii) the number of States that received a grant under the
program;
``(iii) the raw data for each factor used to calculate
award amounts in accordance with subparagraph (B), broken out
by State;
``(iv) the utilization rates of each grantee, broken out by
grantee;
``(v) the amount carried over by a grantee under paragraph
(3)(C)(iii)(II)(aa), broken out by grantee;
``(vi) the amount returned to Treasury due to a failure to
use the amounts under paragraph (3)(C)(iii)(II)(cc), broken
out by grantee; and
``(vii) the amount returned to the Associate Administrator
during the period described in subparagraph (E).''.
SEC. 6005. EXPANSION OF DEFINITION OF ELIGIBLE SMALL BUSINESS
CONCERN; CHANGE TO SET ASIDE; CONFORMING
CHANGES.
(a) Expansion of Definition of Eligible Small Business
Concern.--
(1) In general.--Section 22(l)(1)(A) of the Small Business
Act (15 U.S.C. 649(l)(1)(A)) is amended--
(A) in clause (iii)(II), by adding ``and'' at the end;
(B) by striking clause (iv); and
(C) by redesignating clause (v) as clause (iv).
(2) Limitation on use of funds for participation in foreign
trade missions.--Section 22(l)(2)(A) of the Small Business
Act (15 U.S.C. 649(l)(2)(A)) is amended by inserting ``by
eligible small business concerns that have been in operation
for not less than 1 year'' after ``trade missions''.
(b) Change to Definitions and Federal Share Requirements.--
Section 22(l) of the Small Business Act (15 U.S.C. 649(l)) is
amended--
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(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) through (E) as
subparagraphs (B) through (F), respectively;
(B) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) the term `commonwealth' means the Commonwealth of
Puerto Rico and the Commonwealth of the Northern Mariana
Islands;'';
(C) in subparagraph (E), as so redesignated, by striking
``and'' at the end;
(D) in subparagraph (F), as so redesignated, by striking
``States, the District'' and all that follows and inserting
``States and the District of Columbia; and''; and
(E) by adding at the end the following:
``(G) the term `territory' means the United States Virgin
Islands, Guam, and American Samoa.'';
(2) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``, territories, and commonwealths'' after
``States'';
(3) in paragraph (3)--
(A) by inserting ``, territory, or commonwealth'' after
``State'' each place it appears, except in--
(i) subclause (II) of subparagraph (C)(iii), as added by
section 6004(b) of this division;
(ii) clause (iv) of subparagraph (D), as added by section
6003(c) of this division;
(iii) subparagraph (G), as added by section 6003(e) of this
division; and
(iv) subparagraph (H), as added by section 6003(g) of this
division; and
(B) by inserting ``, territories, or commonwealths'' after
``States'' each place it appears;
(4) in paragraph (6), as so redesignated by section 6003(h)
of this division--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) for a territory or commonwealth, 100 percent.''; and
(5) in paragraph (10), as so redesignated by section
6003(h) of this division--
(A) by inserting ``, territory, or commonwealth'' after
``State'' each place it appears, except in subparagraph (C),
as added by section 6003(f) of this division; and
(B) by inserting ``, territories, or commonwealths'' after
``States'' each place it appears.
SEC. 6006. SURVEY AND ANNUAL REPORT.
(a) Survey.--Section 22(l) of the Small Business Act (15
U.S.C. 649(l)) is amended by inserting after paragraph (8),
as added by section 6003(h) of this division, the following:
``(9) Survey.--The Associate Administrator shall conduct an
annual survey of each State, territory, or commonwealth that
received a grant under this subsection during the preceding
year to solicit feedback on the program and develop best
practices for grantees.''.
(b) Report.--Paragraph (10)(B) of section 22(l) of the
Small Business Act (15 U.S.C. 649(l)), as so redesignated by
section 6003(h) of this division, is amended--
(1) in clause (i)--
(A) in subclause (III), by inserting ``, including the
total number of eligible small business concerns assisted by
the program (disaggregated by small business concerns located
in a low-income or moderate-income community, small business
concerns owned and controlled by women, and rural small
business concerns)'' before the semicolon at the end;
(B) in subclause (IV), by striking ``and'' at the end;
(C) in subclause (V)--
(i) by striking ``description of best practices'' and
inserting ``detailed description of best practices''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(D) by adding at the end the following:
``(VI) an analysis of the performance metrics described in
clause (iii), including a determination of whether or not any
goals relating to such performance metrics were met, and an
analysis of the survey described in paragraph (9); and
``(VII) a description of lessons learned by grant
recipients under this subsection that may apply to other
assistance provided by the Administration.''; and
(2) by adding at the end the following:
``(iii) Performance metrics.--Annually, the Associate
Administrator shall collect data on eligible small business
concerns assisted by the program for the following
performance metrics:
``(I) Total number of such concerns, disaggregated by
eligible small business concerns that meet 1 or more of the
following criteria:
``(aa) Located in a low-income or moderate-income area.
``(bb) Located in a rural area.
``(cc) Located in an HUBZone, as that term is defined in
section 31(b).
``(dd) Located in a community that has been designated as
an empowerment zone or enterprise community under section
1391 of the Internal Revenue Code of 1986.
``(ee) Located in a community that has been designated as a
promise zone by the Secretary of Housing and Urban
Development.
``(ff) Located in a community that has been designated as a
qualified opportunity zone under section 1400Z-1 of the
Internal Revenue Code of 1986.
``(gg) Being owned by women.
``(II) Total dollar amount of export sales by eligible
small business concerns assisted by the program.
``(III) Number of such concerns that have not previously
participated in an activity described in paragraph (2).
``(IV) Number of such concerns that, because of
participation in the program, have become a first-time
exporter.
``(V) Number of such concerns that, because of
participation in the program, have accessed a new market.
``(VI) Number of such concerns that have begun exporting to
each new market.''.
SEC. 6007. AUTHORIZATION OF APPROPRIATIONS.
Paragraph (12) of section 22(l) of the Small Business Act
(15 U.S.C. 649(l)), as so redesignated by section 6003(h) of
this division, is amended by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2025 through
2029''.
SEC. 6008. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this
Act, the Associate Administrator for International Trade of
the Small Business Administration shall submit to Congress a
report on the State Trade Expansion Program established under
section 22(l) of the Small Business Act (15 U.S.C. 649(l)),
as amended by this division, that includes a description of--
(1) the process developed for review of revised budget
plans submitted under subparagraph (G) of section 22(l)(3) of
the Small Business Act (15 U.S.C. 649(l)(3)), as added by
section 6003(e) of this division;
(2) any changes made to streamline the application process
under the State Trade Expansion Program to remove duplicative
requirements and create a more transparent process;
(3) the process developed to share best practices by
States, territories, and commonwealths described in paragraph
(10)(B)(i)(V) of section 22(l) of the Small Business Act (15
U.S.C. 649(l)), as so redesignated by section 6003(h) of this
division, particularly for first-time grant recipients under
the State Trade Expansion Program or grant recipients that
are facing problems using grant funds; and
(4) the process developed to communicate, both verbally and
in writing, relevant information about the State Trade
Expansion Program to all grant recipients in a timely manner.
SEC. 6009. SEVERABILITY.
If any provision of this division, an amendment made by
this division, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this division and the
amendments made by this division, and the application of the
provision or amendment to any other person or circumstance,
shall not be affected.
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