15 U.S.C. § 649: Office of International Trade

the number of small business concerns that export; and the volume of exports by small business concerns. The head of the Office shall be the Associate Administrator for International Trade, who shall be responsible to the Administrator. trade promotion; trade finance; trade adjustment assistance; trade remedy assistance; and trade data collection; 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; 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 accompany small business concerns on foreign trade missions; and translate documents, interpret conversations, and facilitate multilingual transactions, including by providing referral lists for translation services, if required. enhancing the exporting capability of small business concerns and small manufacturers; facilitating technology transfers; enhancing programs and services to assist small business concerns and small manufacturers to compete effectively and efficiently in foreign markets; increasing the ability of small business concerns to access capital; and disseminating information concerning Federal, State, and private programs and initiatives; identifying subsectors of the small business community with strong export potential; identifying areas of demand in foreign markets; prescreening foreign buyers for commercial and credit purposes; and assisting in increasing international marketing by disseminating relevant information regarding market leads, linking potential sellers and buyers, and catalyzing the formation of joint ventures, where appropriate; in cooperation with the Department of Commerce, actively assist small business concerns in forming and using export trading companies, export management companies and research and development pools authorized under section 638 of this title ; work in conjunction with other Federal agencies, regional and district offices of the Administration, the small business development center network, and the private sector to identify and publicize translation services, including those available through colleges and universities participating in the small business development center program; collect, analyze and periodically update relevant data regarding the small business share of United States exports and the nature of State exports (including the production of Gross State Product figures) and disseminate that data to the public and to Congress; make recommendations to the Secretary of Commerce and to Congress regarding revision of the North American Industry Classification System codes to encompass industries currently overlooked and to create North American Industry Classification System codes for export trading companies and export management companies; improve the utility and accessibility of existing export promotion programs for small business concerns; and increase the accessibility of the Export Trading Company contact facilitation service; make available to the small business community information regarding conferences on exporting and international trade sponsored by the public and private sector; making available, at the regional and district offices of the Administration through cooperation with the Department of Commerce, export information, including, but not limited to, the worldwide information and trade system and world trade data reports; maintaining a list of financial institutions that finance export operations; maintaining a directory of all Federal, regional, State and private sector programs that provide export information and assistance to small business concerns; and preparing and publishing such reports as it determines to be necessary concerning market conditions, sources of financing, export promotion programs, and other information pertaining to the needs of small business exporting firms so as to insure that the maximum information is made available to small business concerns in a readily usable form; encourage through cooperation with the Department of Commerce, greater small business participation in trade fairs, shows, missions, and other domestic and overseas export development activities of the Department of Commerce; assist small business concerns in obtaining export information and assistance from other Federal departments and agencies; maintain a directory of all programs which provide export information and assistance to small business concerns in the region; encourage financial institutions to develop and expand programs for export financing; provide advice to personnel of the Administration involved in making loans, loan guarantees, and extensions and revolving lines of credit, and providing other forms of assistance to small business concerns engaged in exports; within one hundred and eighty days of their appointment, participate in training programs designed by the Administrator, in conjunction with the Department of Commerce and other Federal departments and agencies, to study export programs and to examine the needs of small business concerns for export information and assistance; participate, jointly with employees of the Office, in an annual training program that focuses on current small business needs for exporting; and develop and conduct training programs for exporters and lenders, in cooperation with the Export Assistance Centers, the Department of Commerce, the Department of Agriculture, small business development centers, women’s business centers, the Export-Import Bank of the United States, the United States International Development Finance Corporation, and other relevant Federal agencies; make available on the website of the Administration the name and contact information of each individual described in paragraph (9); 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; 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 637(b)(1) of this title , 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 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. The Associate Administrator shall work in cooperation with the Export-Import Bank of the United States, the Department of Commerce, other relevant Federal agencies, and the States to develop a program through which export specialists in the regional offices of the Administration, regional and local loan officers, and Small Business Development Center personnel can facilitate the access of small businesses to relevant export financing programs of the Export-Import Bank of the United States and to export and pre-export financing programs available from the Administration and the private sector. 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 aggressively market existing Administration export financing and pre-export financing programs; identify financing available under various Export-Import Bank programs, and aggressively market those programs to small businesses; assist in the development of financial intermediaries and facilitate the access of those intermediaries to existing financing programs; promote greater participation by private financial institutions, particularly those institutions already participating in loan programs under this chapter, in export finance; and provide for the participation of appropriate Administration personnel in training programs conducted by the Export-Import Bank. work in cooperation with other Federal agencies and the private sector to counsel small businesses with respect to initiating and participating in any proceedings relating to the administration of the United States trade laws; and work with the Department of Commerce, the Office of the United States Trade Representative, and the International Trade Commission to increase access to trade remedy proceedings for small businesses. a description of the progress of the Office in implementing the requirements of this section; 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); 1 1 So in original. Probably should be a reference to subsection (j). 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; 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 a description of the participation by the Office in trade negotiations. the viability and cost of establishing an annual, competitive small business export incentive program similar to the Small Business Innovation Research program and alternative methods of structuring such a program; methods of streamlining trade remedy proceedings to increase access for, and reduce expenses incurred by, smaller firms; methods of improving the current small business foreign sales corporation tax incentives and providing small businesses with greater benefits from this initiative; methods of identifying potential export markets for United States small businesses; maintaining and disseminating current foreign market data; and devising a comprehensive export marketing strategy for United States small business goods and services, and shall include data on the volume and dollar amount of goods and services, identified by type, imported by United States trading partners over the past 10 years; and the results of a survey of major United States trading partners to identify the domestic policies, programs and incentives, and the private sector initiatives, which exist to encourage the formation and growth of small business. the responsibilities of the Administration regarding international trade are carried out by the Associate Administrator; the Associate Administrator has sufficient resources to carry out such responsibilities; and the staff of the Office; and any employee of the Administration whose principal duty station is an Export Assistance Center, or any successor entity. the term “lead small business development center” means a small business development center that has received a grant from the Administration; and the term “lead women’s business center” means a women’s business center that has received a grant from the Administration. 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. 5; or 10 percent of the total number of employees of the lead small business development center. 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). The total amount reimbursed by the Administrator under subparagraph (A) may not exceed $350,000 in any fiscal year. receive assistance from the Administration; had not exported goods or services before receiving the assistance described in clause (i); and export goods or services; 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; export revenues by small business concerns assisted by programs of the Administration; the number of small business concerns referred to an Export Assistance Center or a small business development center by the staff of the Office; the number of small business concerns referred to the Administration by an Export Assistance Center or a small business development center; and the number of small business concerns referred to the Department of Commerce, the Department of Agriculture, the Department of State, the Export-Import Bank of the United States, the United States International Development Finance Corporation, or the United States Trade and Development Agency by the staff of the Office, an Export Assistance Center, or a small business development center. section 636(a)(16) of this title ; the Export Working Capital Program established under section 636(a)(14) of this title ; the Preferred Lenders Program, as defined in section 636(a)(2)(C)(ii) of this title ; and the export express program established under section 636(a)(34) of this title . The Associate Administrator, in coordination with the departments and agencies that are represented on the Trade Promotion Coordinating Committee established under section 4727 of this title 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. On and after the date that is 90 days after September 27, 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 . On and after the date that is 2 years after September 27, 2010 , 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. had an Administration employee assigned to the Export Assistance Center before January 2003; and has not had an Administration employee assigned to the Export Assistance Center during the period beginning January 2003, and ending on September 27, 2010 , either through retirement or reassignment. The Administrator shall, to the maximum extent practicable, strategically assign Administration employees to Export Assistance Centers, based on the needs of exporters. 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 September 27, 2010 . The Associate Administrator shall work with the Department of Commerce, the Export-Import Bank of the United States, and the United States International Development Finance Corporation to establish shared annual goals for the Export Assistance Centers. The Associate Administrator shall designate an individual within the Administration to oversee all activities conducted by Administration employees assigned to Export Assistance Centers. is organized or incorporated in the United States; is operating in the United States; the applicable industry-based small business size standard established under section 632 of this title ; or the alternate size standard applicable to the program under section 636(a) of this title and the loan programs under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq.); has been in business for not less than 1 year, as of the date on which assistance using a grant under this subsection commences; and has access to sufficient resources to bear the costs associated with trade, including the costs of packing, shipping, freight forwarding, and customs brokers; the term “program” means the State Trade Expansion Program established under paragraph (2); 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 title 26 ; the term “socially and economically disadvantaged small business concern” has the meaning given that term in section 637(a)(4)(A) of this title ; and 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. participation in foreign trade missions; a subscription to services provided by the Department of Commerce; the payment of website fees; the design of marketing media; a trade show exhibition; participation in training workshops; a reverse trade mission; procurement of consultancy services (after consultation with the Department of Commerce to avoid duplication); or any other initiative determined appropriate by the Associate Administrator. 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 exploring significant new trade opportunities. focuses on eligible small business concerns as part of a trade expansion program; socially and economically disadvantaged small business concerns; small business concerns owned or controlled by women; and rural small business concerns; promotes trade facilitation from a State that is not 1 of the 10 States with the highest percentage of eligible small business concerns that are engaged in international trade, based upon the most recent data from the Department of Commerce; and activities which have resulted in the highest return on investment based on the most recent year; and the adoption of shared best practices included in the annual report of the Administration. A State may not submit more than 1 application for a grant under the program in any 1 fiscal year. The total value of grants made under the program during a fiscal year to the 10 States with the highest percentage of 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. The Associate Administrator shall award a grant under this program for a period of not more than 2 years. 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. 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 document the consultation conducted under subclause (I) in the application submitted under clause (i). The Associate Administrator shall award grants under the program on a competitive basis. for a State that has a high trade volume, as determined by the Associate Administrator, not more than 65 percent; and for a State that does not have a high trade volume, as determined by the Associate Administrator, not more than 75 percent. The non-Federal share of the cost of a trade expansion 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. a description of the structure of and procedures for the program; a management plan for the program; and a description of the merit-based review process to be used in the program. the number and amount of grants made under the program during the preceding year; a list of the States receiving a grant under the program during the preceding year, including the activities being performed with each grant; the effect of each grant on the eligible small business concerns in the State receiving the grant; the total return on investment for each State; and a description of best practices by States that showed high returns on investment and significant progress in helping more eligible small business concerns. 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. 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 the overall management and effectiveness of the program. Not later than 6 months after February 24, 2016 , 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). 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). There is authorized to be appropriated to carry out the program $30,000,000 for each of fiscal years 2016 through 2020. the term “Associate Administrator” means the Associate Administrator for International Trade described in subsection (a)(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 4721(b)(8) of this title ; 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 the term “Office” means the Office of International Trade established under subsection (a)(1). the volume of exports for each State; the availability of export finance specialists in each State; the number of exporters in each State that are small business concerns; the percentage of exporters in each State that are small business concerns; for the first study conducted under this subparagraph, during the 10-year period ending on the date of enactment of this Act [ Sept. 27, 2010 ]; and for each subsequent study, during the 10-year period ending on the date the study is commenced; the total value of the exports in each State by small business concerns; the percentage of the total volume of exports in each State that is attributable to small business concerns; and for the first study conducted under this subparagraph, during the 10-year period ending on the date of enactment of this Act [ Sept. 27, 2010 ]; and for each subsequent study, during the 10-year period ending on the date the study is commenced; and the results of the study under subparagraph (A); 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; 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 such additional information as the Administrator determines is appropriate. In this subsection, the term ‘export finance specialist’ has the meaning given that term in section 22( l ) of the Small Business Act [now section 22(m), 15 U.S.C. 649(m) ], as added by this title.” a strong export policy is essential to the health and well-being of the United States economy; exports of goods and services account for one out of every six jobs in the manufacturing sector and 10 per centum of the gross national product. every billion dollars in new exports is estimated to provide forty thousand jobs; there is increased and fierce competition in international markets to United States goods and services; small businesses account for no more than 10 per centum of all United States export sales; Federal Government programs are not sufficiently responsive to the needs of small business for export education and development of overseas marketing opportunities necessary to insure that small businesses realize their potential; and it is in the national interest to systematically and consistently promote and encourage small business participation in international markets. providing educational and marketing assistance to small businesses; insuring better access to export information and assistance for small businesses by upgrading and expanding the export development programs and services of the Department of Commerce and the Small Business Administration; and promoting the competitive viability of such firms in export trade and encouraging increased tourism in the United States by creating a program to provide limited financial, technical, and management assistance as may be necessary.”