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

Page 1020 TITLE 15—COMMERCE AND TRADE § 649 Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 115–259, § 3, Oct. 9, 2018, 132 Stat. 3664, provided that: ‘‘Congress finds that— ‘‘(1) the USPTO and the SBA are positioned to— ‘‘(A) build upon several successful intellectual property and training programs aimed at small business concerns; and ‘‘(B) increase the availability of and the partici- pation in the programs described in subparagraph (A) across the United States; and ‘‘(2) any education and training program adminis- tered by the USPTO and the SBA should be scalable so that the program is able to reach more small busi- ness concerns.’’ DEFINITIONS Pub. L. 115–259, § 2, Oct. 9, 2018, 132 Stat. 3664, provided that: ‘‘In this Act [see Short Title of 2018 Amendment note set out under section 631 of this title]— ‘‘(1) the term ‘Administrator’ means the Adminis- trator of the SBA; ‘‘(2) the term ‘Director’ means the Under Secretary of Commerce for Intellectual Property and Director of the USPTO; ‘‘(3) the term ‘SBA’ means the Small Business Ad- ministration; ‘‘(4) the term ‘small business concern’ has the meaning given the term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)); ‘‘(5) the term ‘small business development center’ means a center described in section 21 of the Small Business Act (15 U.S.C. 648); and ‘‘(6) the term ‘USPTO’ means the United States Patent and Trademark Office.’’ § 649. Office of International Trade (a) Establishment (1) Office There is established within the Administra- tion an Office of International Trade which shall implement the programs pursuant to this section for the primary purposes of in- creasing— (A) the number of small business concerns that export; and (B) the volume of exports by small busi- ness concerns. (2) Associate Administrator The head of the Office shall be the Associate Administrator for International Trade, who shall be responsible to the Administrator. (b) Trade distribution network The Associate Administrator, working in close cooperation with the Secretary of Commerce, the United States Trade Representative, the Secretary of Agriculture, the Secretary of State, the President of the Export-Import Bank of the United States, the Board of Directors of the United States International Development Finance Corporation, the Director of the United States Trade and Development Agency, and other relevant Federal agencies, small business development centers engaged in export pro- motion efforts, Export Assistance Centers, re- gional 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 Administra- tion, the small business development center network, networks of women’s business cen- ters, the Service Corps of Retired Executives authorized by section 637(b)(1) of this title, 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 de- scribed in paragraph (1) and disseminate infor- mation, including computerized marketing data, to small business concerns on exporting trends, market-specific growth, industry trends, and international prospects for ex- ports; (3) promote export assistance programs through the district and regional offices of the Administration, the small business develop- ment center network, Export Assistance Cen- ters, the network of women’s business centers, chapters of the Service Corps of Retired Ex- ecutives, 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 oth- erwise 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 con- versations, and facilitate multilingual trans- actions, including by providing referral lists for translation services, if required. (c) Promotion of sales opportunities The Associate Administrator shall promote sales opportunities for small business goods and services abroad. To accomplish this objective the office shall— (1) establish annual goals for the Office re- lating to— (A) enhancing the exporting capability of small business concerns and small manufac- turers; (B) facilitating technology transfers; (C) enhancing programs and services to as- sist small business concerns and small man- ufacturers to compete effectively and effi- ciently in foreign markets; (D) increasing the ability of small business concerns to access capital; and (E) disseminating information concerning Federal, State, and private programs and initiatives; (2) in cooperation with the Department of Commerce, other relevant agencies, regional and local Administration offices, the Small Business Development Center network, and State programs, develop a mechanism for— (A) identifying subsectors of the small business community with strong export po- tential; (B) identifying areas of demand in foreign markets; (C) prescreening foreign buyers for com- mercial and credit purposes; and Page 1021 TITLE 15—COMMERCE AND TRADE § 649 (D) assisting in increasing international marketing by disseminating relevant infor- mation regarding market leads, linking po- tential sellers and buyers, and catalyzing the formation of joint ventures, where ap- propriate; (3) in cooperation with the Department of Commerce, actively assist small business con- cerns in forming and using export trading companies, export management companies and research and development pools authorized under section 638 of this title; (4) work in conjunction with other Federal agencies, regional and district offices of the Administration, the small business develop- ment center network, and the private sector to identify and publicize translation services, including those available through colleges and universities participating in the small busi- ness development center program; (5) work closely with the Department of Commerce and other relevant Federal agencies to— (A) collect, analyze and periodically up- date relevant data regarding the small busi- ness share of United States exports and the nature of State exports (including the pro- duction of Gross State Product figures) and disseminate that data to the public and to Congress; (B) make recommendations to the Sec- retary of Commerce and to Congress regard- ing revision of the North American Industry Classification System codes to encompass industries currently overlooked and to cre- ate North American Industry Classification System codes for export trading companies and export management companies; (C) improve the utility and accessibility of existing export promotion programs for small business concerns; and (D) increase the accessibility of the Export Trading Company contact facilitation serv- ice; (6) make available to the small business community information regarding conferences on exporting and international trade spon- sored by the public and private sector; (7) provide small business concerns with ac- cess to up to date and complete export infor- mation by— (A) 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 informa- tion and trade system and world trade data reports; (B) maintaining a list of financial institu- tions that finance export operations; (C) maintaining a directory of all Federal, regional, State and private sector programs that provide export information and assist- ance to small business concerns; and (D) preparing and publishing such reports as it determines to be necessary concerning market conditions, sources of financing, ex- port promotion programs, and other infor- mation 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 usa- ble form; (8) encourage through cooperation with the Department of Commerce, greater small busi- ness participation in trade fairs, shows, mis- sions, and other domestic and overseas export development activities of the Department of Commerce; (9) facilitate decentralized delivery of export information and assistance to small business concerns by assigning primary responsibility for export development to one individual in each district office and providing each Admin- istration regional office with a full-time ex- port development specialist, who shall— (A) assist small business concerns in ob- taining export information and assistance from other Federal departments and agen- cies; (B) maintain a directory of all programs which provide export information and assist- ance to small business concerns in the re- gion; (C) encourage financial institutions to de- velop and expand programs for export fi- nancing; (D) provide advice to personnel of the Ad- ministration involved in making loans, loan guarantees, and extensions and revolving lines of credit, and providing other forms of assistance to small business concerns en- gaged in exports; (E) within one hundred and eighty days of their appointment, participate in training programs designed by the Administrator, in conjunction with the Department of Com- merce and other Federal departments and agencies, to study export programs and to examine the needs of small business con- cerns for export information and assistance; (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 De- partment of Commerce, the Department of Agriculture, small business development centers, women’s business centers, the Ex- port-Import Bank of the United States, the United States International Development Finance Corporation, and other relevant Federal agencies; (10) make available on the website of the Ad- ministration the name and contact informa- tion 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 dis- trict 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 Page 1022 TITLE 15—COMMERCE AND TRADE § 649 1 So in original. Probably should be a reference to subsection (j). of Retired Executives authorized by section 637(b)(1) of this title, State and local export promotion programs, and partners in the pri- vate sector regarding exporting trends, mar- ket-specific growth, industry trends, and pros- pects for exporting; and (13) establish and carry out training pro- grams for the staff of the regional and district offices of the Administration and resource partners of the Administration on export pro- motion and providing assistance relating to exports. (d) Export financing programs (1) In general The Associate Administrator shall work in cooperation with the Export-Import Bank of the United States, the Department of Com- merce, 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 Cen- ter personnel can facilitate the access of small businesses to relevant export financing pro- grams of the Export-Import Bank of the United States and to export and pre-export fi- nancing programs available from the Adminis- tration and the private sector. (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 spe- cialist to oversee international loan pro- grams and assist Administration employees with trade finance issues; and (B) work in cooperation with the Export- Import Bank and the small business commu- nity, including small business trade associa- tions, to— (i) aggressively market existing Admin- istration export financing and pre-export financing programs; (ii) identify financing available under various Export-Import Bank programs, and aggressively market those programs to small businesses; (iii) assist in the development of finan- cial intermediaries and facilitate the ac- cess of those intermediaries to existing fi- nancing programs; (iv) promote greater participation by private financial institutions, particularly those institutions already participating in loan programs under this chapter, in ex- port finance; and (v) provide for the participation of ap- propriate Administration personnel in training programs conducted by the Ex- port-Import Bank. (e) Trade remedies The Associate Administrator shall— (1) 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 (2) work with the Department of Commerce, the Office of the United States Trade Rep- resentative, and the International Trade Com- mission to increase access to trade remedy proceedings for small businesses. (f) Reporting requirement The Associate Administrator shall submit an annual report to the Committee on Small Busi- ness 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 sec- tion; (2) a detailed account of the results of export growth activities of the Administration, in- cluding the activities of each district and re- gional office of the Administration, based on the performance measures described in sub- section (i); 1 (3) an estimate of the total number of jobs created or retained as a result of export assist- ance provided by the Administration and re- source 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. (g) Studies The Associate Administrator, in cooperation, where appropriate, with the Division of Eco- nomic Research of the Office of Advocacy, and with other Federal agencies, shall undertake studies regarding the following issues and shall report to the Committees on Small Business of the House of Representatives and the Senate, and to other relevant Committees of the House and Senate within 6 months after August 23, 1988, with specific recommendations on— (1) the viability and cost of establishing an annual, competitive small business export in- centive program similar to the Small Business Innovation Research program and alternative methods of structuring such a program; (2) methods of streamlining trade remedy proceedings to increase access for, and reduce expenses incurred by, smaller firms; (3) methods of improving the current small business foreign sales corporation tax incen- tives and providing small businesses with greater benefits from this initiative; (4) methods of identifying potential export markets for United States small businesses; maintaining and disseminating current for- eign market data; and devising a comprehen- sive 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 part- ners over the past 10 years; and (5) the results of a survey of major United States trading partners to identify the domes- tic policies, programs and incentives, and the private sector initiatives, which exist to en- Page 1023 TITLE 15—COMMERCE AND TRADE § 649 courage the formation and growth of small business. (h) Discharge of international trade responsibil- ities 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 suffi- cient resources to carry out such responsibil- ities; 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. (i) Export and trade counseling (1) Definition In this subsection— (A) the term ‘‘lead small business develop- ment center’’ means a small business devel- opment center that has received a grant from the Administration; and (B) the term ‘‘lead women’s business cen- ter’’ means a women’s business center that has received a grant from the Administra- tion. (2) Certification program The Administrator shall establish an export and trade counseling certification program to certify employees of lead small business devel- opment 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 busi- ness 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 em- ployees of the lead small business develop- ment center. (4) Reimbursement for certification (A) In general Subject to the availability of appropria- tions, the Administrator shall reimburse a lead small business development center or a lead women’s business center for costs relat- ing to the certification of an employee of the lead small business center or lead women’s business center in providing export assist- ance under the program established under paragraph (2). (B) Limitation The total amount reimbursed by the Ad- ministrator 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 activi- ties of the Office under this section that in- clude— (A) the number of small business concerns that— (i) receive assistance from the Adminis- tration; (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 Administra- tion that export goods or services to a mar- ket outside the United States into which the small business concern did not export before receiving the assistance; (C) export revenues by small business con- cerns assisted by programs of the Adminis- tration; (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 devel- opment center; and (F) the number of small business concerns referred to the Department of Commerce, the Department of Agriculture, the Depart- ment of State, the Export-Import Bank of the United States, the United States Inter- national 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 devel- opment center. (2) Joint performance measures The Associate Administrator shall develop joint performance measures for the district of- fices of the Administration and the Export As- sistance Centers that include the number of export loans made under— (A) section 636(a)(16) of this title; (B) the Export Working Capital Program established under section 636(a)(14) of this title; (C) the Preferred Lenders Program, as de- fined in section 636(a)(2)(C)(ii) of this title; and (D) the export express program established under section 636(a)(34) of this title. (3) Consistency of tracking The Associate Administrator, in coordina- tion with the departments and agencies that are represented on the Trade Promotion Co- ordinating Committee established under sec- tion 4727 of this title and the small business development center network, shall develop a system to track exports by small business con- cerns, including information relating to the performance measures developed under para- graph (1), that is consistent with systems used by the departments and agencies and the net- work. Page 1024 TITLE 15—COMMERCE AND TRADE § 649 (k) Export Assistance Centers (1) Export finance specialists (A) Minimum number of export finance spe- cialists On and after the date that is 90 days after September 27, 2010, the Administrator, in co- ordination with the Secretary of Commerce, shall ensure that the number of export fi- nance 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 September 27, 2010, the Administrator, in co- ordination 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 Ex- port Assistance Center that— (i) had an Administration employee as- signed to the Export Assistance Center be- fore January 2003; and (ii) has not had an Administration em- ployee assigned to the Export Assistance Center during the period beginning Janu- ary 2003, and ending on September 27, 2010, either through retirement or reassign- ment. (B) Needs of exporters The Administrator shall, to the maximum extent practicable, strategically assign Ad- ministration employees to Export Assist- ance Centers, based on the needs of export- ers. (C) Rule of construction Nothing in this subsection may be con- strued to require the Administrator to reas- sign or remove an export finance specialist who is assigned to an Export Assistance Cen- ter on September 27, 2010. (3) Goals The Associate Administrator shall work with the Department of Commerce, the Ex- port-Import Bank of the United States, and the United States International Development Finance Corporation to establish shared an- nual goals for the Export Assistance Centers. (4) Oversight The Associate Administrator shall designate an individual within the Administration to oversee all activities conducted by Adminis- tration employees assigned to Export Assist- ance Centers. (l) State Trade Expansion Program (1) Definitions In this subsection— (A) the term ‘‘eligible small business con- cern’’ 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 632 of this title; or (II) the alternate size standard applica- ble 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.); (iv) has been in business for not less than 1 year, as of the date on which assistance using a grant under this subsection com- mences; and (v) has access to sufficient resources to bear the costs associated with trade, in- cluding the costs of packing, shipping, freight forwarding, and customs brokers; (B) the term ‘‘program’’ means the State Trade Expansion Program established under paragraph (2); (C) the term ‘‘rural small business con- cern’’ means an eligible small business con- cern located in a rural area, as that term is defined in section 1393(a)(2) of title 26; (D) 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 (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 expansion program, to be known as the ‘‘State Trade Expansion Program’’, to make grants to States to carry out programs that assist eligible small business concerns in— (A) participation in foreign trade missions; (B) a subscription to services provided by the Department of Commerce; (C) the payment of website fees; (D) the design of marketing media; (E) a trade show exhibition; (F) participation in training workshops; (G) a reverse trade mission; (H) procurement of consultancy services (after consultation with the Department of Commerce to avoid duplication); or (I) any other initiative determined appro- priate 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 exploring sig- nificant new trade opportunities. (B) Considerations In making grants under this subsection, the Associate Administrator may give pri- ority to an application by a State that pro- poses a program that— (i) focuses on eligible small business con- cerns as part of a trade expansion pro- gram; Page 1025 TITLE 15—COMMERCE AND TRADE § 649 (ii) demonstrates intent to promote trade expansion by— (I) socially and economically disadvan- taged small business concerns; (II) small business concerns owned or controlled by women; and (III) rural small business concerns; (iii) 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 Com- merce; 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 prac- tices included in the annual report of the Administration. (C) Limitations (i) Single application A State may not submit more than 1 ap- plication 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 eli- gible 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 ap- propriated 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 pro- gram shall submit an application at such time, in such manner, and accompanied by such information as the Associate Admin- istrator may establish. (ii) Consultation to reduce duplication A State desiring a grant under the pro- gram shall— (I) before submitting an application under clause (i), consult with applicable trade agencies of the Federal Govern- ment on the scope and mission of the ac- tivities the State proposes to carry out using the grant, to ensure proper coordi- nation and reduce duplication in serv- ices; and (II) document the consultation con- ducted under subclause (I) in the applica- tion 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 a trade ex- pansion program carried out using a grant under the program shall be— (A) for a State that has a high trade vol- ume, as determined by the Associate Admin- istrator, not more than 65 percent; and (B) for a State that does not have a high trade volume, as determined by the Asso- ciate Administrator, not more than 75 per- cent. (6) Non-Federal share 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 contribu- tions, except that no such costs or contribu- tions may be derived from funds from any other Federal program. (7) Reports (A) Initial report Not later than 120 days after February 24, 2016, the Associate Administrator shall sub- mit 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 in- clude— (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 re- view process to be used in the program. (B) Annual reports (i) In general The Associate Administrator shall pub- lish 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 pre- ceding year; (II) a list of the States receiving a grant under the program during the pre- ceding year, including the activities being performed with each grant; (III) the effect of each grant on the eli- gible 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 in- vestment and significant progress in helping more eligible small business con- cerns. (ii) Notice to Congress On the date on which the Associate Ad- ministrator publishes a report under clause (i), the Associate Administrator shall notify the Committee on Small Busi- ness and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that the re- port has been published. Page 1026 TITLE 15—COMMERCE AND TRADE § 649 (8) Reviews by Inspector General (A) In general The Inspector General of the Administra- tion 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 measure- ments; and (ii) the overall management and effec- tiveness of the program. (B) Reports (i) Pilot program Not later than 6 months after February 24, 2016, the Inspector General of the Ad- ministration shall submit to the Com- mittee on Small Business and Entrepre- neurship of the Senate and the Committee on Small Business of the House of Rep- resentatives a report regarding the use of amounts made available under the State Trade and Export Promotion Grant Pro- gram under section 1207 of the Small Busi- ness 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 Entre- preneurship of the Senate and the Com- mittee on Small Business of the House of Representatives a report regarding the re- view conducted under subparagraph (A). (9) Authorization of appropriations There is authorized to be appropriated to carry out the program $30,000,000 for each of fiscal years 2016 through 2020. (m) Definitions In this section— (1) the term ‘‘Associate Administrator’’ means the Associate Administrator for Inter- national Trade described in subsection (a)(2); (2) the term ‘‘Export Assistance Center’’ means a one-stop shop for United States ex- porters established by the United States and Foreign Commercial Service of the Depart- ment of Commerce pursuant to section 4721(b)(8) of this title; (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 sub- section (a)(1). (Pub. L. 85–536, § 2[22], as added Pub. L. 96–481, title I, § 113(a), Oct. 21, 1980, 94 Stat. 2323; amend- ed Pub. L. 100–418, title VIII, § 8003, Aug. 23, 1988, 102 Stat. 1554; Pub. L. 111–240, title I, §§ 1203(a), (c), 1204(a), 1205(a), Sept. 27, 2010, 124 Stat. 2521, 2522, 2527; Pub. L. 114–125, title V, § 503, Feb. 24, 2016, 130 Stat. 174; Pub. L. 115–254, div. F, title VI, § 1470(c), Oct. 5, 2018, 132 Stat. 3516.) Editorial Notes REFERENCES IN TEXT The Small Business Investment Act of 1958, referred to in subsec. (l)(1)(A)(iii)(II), is Pub. L. 85–699, Aug. 21, 1958, 72 Stat. 689. Title V of the Act is classified gen- erally to subchapter V (§ 695 et seq.) of chapter 14B of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables. Section 1207 of the Small Business Jobs Act of 2010, referred to in subsec. (l)(8)(B)(i), is section 1207 of Pub. L. 111–240, which is set out as a note under section 649b of this title. PRIOR PROVISIONS A prior section 649, act July 30, 1953, ch. 282, title II, § 220, 67 Stat. 240, which required a fair charge for use of Government-owned property, was omitted as super- seded by section 643 of this title. See Codification note set out under section 631 of this title. AMENDMENTS 2018—Pub. L. 115–254, § 1470(c)(2), substituted ‘‘United States International Development Finance Corpora- tion’’ for ‘‘Overseas Private Investment Corporation’’ wherever appearing. Subsec. (b). Pub. L. 115–254, § 1470(c)(1), substituted ‘‘the Board of Directors of the United States Inter- national Development Finance Corporation, the Direc- tor’’ for ‘‘the President of the Overseas Private Invest- ment Corporation, Director’’ in introductory provi- sions. 2016—Subsecs. (l), (m). Pub. L. 114–125 added subsec. (l) and redesignated former subsec. (l) as (m). 2010—Pub. L. 111–240, § 1203(a)(1), inserted section catchline. Subsec. (a). Pub. L. 111–240, § 1203(a), inserted subsec. (a) heading, designated existing provisions as par. (1), inserted par. (1) heading, substituted ‘‘for the primary purposes of increasing—’’ for period at end, added sub- pars. (A) and (B) of par. (1), and added par. (2). Subsec. (b). Pub. L. 111–240, § 1204(a)(1), added subsec. (b) and struck out former subsec. (b) which related to development of distribution network, marketing of pro- grams and dissemination of information, and bilingual job applicants. Subsec. (c). Pub. L. 111–240, § 1204(a)(2)(A), inserted heading and substituted ‘‘The Associate Adminis- trator’’ for ‘‘The Office’’ in introductory provisions. Subsec. (c)(1). Pub. L. 111–240, § 1204(a)(2)(C), added par. (1). Former par. (1) redesignated (2). Subsec. (c)(2). Pub. L. 111–240, § 1204(a)(2)(D), sub- stituted ‘‘mechanism for— ‘‘(A) identifying subsectors of the small business community with strong export potential; ‘‘(B) identifying areas of demand in foreign mar- kets; ‘‘(C) prescreening foreign buyers for commercial and credit purposes; and ‘‘(D) assisting’’ for ‘‘mechanism for (A) identifying sub-sectors of the small business community with strong export poten- tial; (B) identifying areas of demand in foreign mar- kets; (C) prescreening foreign buyers for commercial and credit purposes; and (D) assisting’’. Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (1) as (2). Former par. (2) redesignated (3). Subsec. (c)(3). Pub. L. 111–240, § 1204(a)(2)(E), sub- stituted ‘‘assist small business concerns in forming and using’’ for ‘‘assist small businesses in the formation and utilization of’’. Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (2) as (3). Former par. (3) redesignated (4). Subsec. (c)(4). Pub. L. 111–240, § 1204(a)(2)(F), sub- stituted ‘‘district’’ for ‘‘local’’, ‘‘small business devel- opment center network’’ for ‘‘Small Business Develop- ment Center network’’, and ‘‘small business develop- ment center program’’ for ‘‘Small Business Develop- Page 1027 TITLE 15—COMMERCE AND TRADE § 649 ment Center Program’’ and struck out ‘‘existing’’ be- fore ‘‘translation’’. Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (3) as (4). Former par. (4) redesignated (5). Subsec. (c)(5). Pub. L. 111–240, § 1204(a)(2)(B), redesig- nated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (c)(5)(A). Pub. L. 111–240, § 1204(a)(2)(G)(i), sub- stituted ‘‘Gross State Product’’ for ‘‘Gross State Produce’’. Subsec. (c)(5)(B). Pub. L. 111–240, § 1204(a)(2)(G)(ii), substituted ‘‘North American Industry Classification System’’ for ‘‘SIC’’ in two places. Subsec. (c)(5)(C). Pub. L. 111–240, § 1204(a)(2)(G)(iii), substituted ‘‘small business concerns’’ for ‘‘small busi- nesses’’. Subsec. (c)(6). Pub. L. 111–240, § 1204(a)(2)(H), sub- stituted semicolon for period at end. Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (5) as (6). Former par. (6) redesignated (7). Subsec. (c)(7). Pub. L. 111–240, § 1204(a)(2)(I)(i)(II), (v), substituted ‘‘small business concerns’’ for ‘‘small busi- nesses’’ and ‘‘up to date’’ for ‘‘current’’ in introductory provisions. Pub. L. 111–240, § 1204(a)(2)(I)(i)(I), which directed amendment of introductory provisions by inserting ‘‘concerns’’ after ‘‘small business’’, could not be exe- cuted because the words ‘‘small business’’ did not ap- pear. Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (6) as (7). Former par. (7) redesignated (8). Subsec. (c)(7)(A). Pub. L. 111–240, § 1204(a)(2)(I)(ii), sub- stituted ‘‘regional and district offices of the Adminis- tration’’ for ‘‘Administration’s regional offices’’. Subsec. (c)(7)(B). Pub. L. 111–240, § 1204(a)(2)(I)(iii), struck out ‘‘current’’ before ‘‘list’’. Subsec. (c)(7)(C). Pub. L. 111–240, § 1204(a)(2)(I)(iv), (v), struck out ‘‘current’’ before ‘‘directory’’ and sub- stituted ‘‘small business concerns’’ for ‘‘small busi- nesses’’. Subsec. (c)(7)(D). Pub. L. 111–240, § 1204(a)(2)(I)(v), sub- stituted ‘‘small business concerns’’ for ‘‘small busi- nesses’’. Subsec. (c)(8). Pub. L. 111–240, § 1204(a)(2)(J), struck out ‘‘and’’ at end. The amendment was made to reflect the probable intent of Congress, in the absence of quotation marks around the word ‘‘and’’ in the direc- tory language. Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (7) as (8). Former par. (8) redesignated (9). Subsec. (c)(9). Pub. L. 111–240, § 1204(a)(2)(K)(i), (vi), in introductory provisions, substituted ‘‘small business concerns’’ for ‘‘small businesses’’ and ‘‘individual in each district office and providing each Administration regional office with a full-time export development spe- cialist, who’’ for ‘‘person in each district office. Such specialists’’ and struck out ‘‘full-time export develop- ment specialists to each Administration regional office and assigning’’ before ‘‘primary responsibility’’. Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (8) as (9). Subsec. (c)(9)(A). Pub. L. 111–240, § 1204(a)(2)(K)(vi), substituted ‘‘small business concerns’’ for ‘‘small busi- nesses’’. Subsec. (c)(9)(B). Pub. L. 111–240, § 1204(a)(2)(K)(vi), substituted ‘‘small business concerns’’ for ‘‘small busi- nesses’’. Pub. L. 111–240, § 1204(a)(2)(K)(ii)(II), which directed amendment by substituting ‘‘in’’ for ‘‘with’’, was exe- cuted by making the substitution for ‘‘within’’, to re- flect the probable intent of Congress. Pub. L. 111–240, § 1204(a)(2)(K)(ii)(I), struck out ‘‘cur- rent’’ before ‘‘directory’’. Subsec. (c)(9)(D). Pub. L. 111–240, § 1204(a)(2)(K)(iii), (vi), substituted ‘‘personnel of the Administration in- volved in making’’ for ‘‘Administration personnel in- volved in granting’’ and ‘‘small business concerns’’ for ‘‘small businesses’’ and struck out ‘‘and’’ at end. Subsec. (c)(9)(E). Pub. L. 111–240, § 1204(a)(2)(K)(iv), substituted ‘‘the needs of small business concerns’’ for ‘‘small businesses’ needs’’ and semicolon for period at end. Subsec. (c)(9)(F), (G). Pub. L. 111–240, § 1204(a)(2)(K)(v), added subpars. (F) and (G). Subsec. (c)(10) to (13). Pub. L. 111–240, § 1204(a)(2)(L), added pars. (10) to (13). Subsec. (d). Pub. L. 111–240, § 1204(a)(3), inserted sub- sec. (d) heading, designated first sentence of existing provisions as par. (1), inserted par. (1) heading, sub- stituted ‘‘The Associate Administrator’’ for ‘‘The Of- fice’’ in par. (1), designated second sentence of existing provisions as par. (2), inserted par. (2) heading, sub- stituted ‘‘To accomplish the goal established under paragraph (1), the Associate Administrator shall—’’ for ‘‘To accomplish this goal, the Office shall work’’ in par. (2), added subpar. (A) and inserted ‘‘(B) work’’ before ‘‘in cooperation’’, redesignated former pars. (1) to (5) as cls. (i) to (v), respectively, of subpar. (B) of par. (2), and realigned margins. Subsec. (e). Pub. L. 111–240, § 1204(a)(4), inserted head- ing and substituted ‘‘The Associate Administrator’’ for ‘‘The Office’’ in introductory provisions. Subsec. (f). Pub. L. 111–240, § 1204(a)(5), amended sub- sec. (f) generally. Prior to amendment, text read as fol- lows: ‘‘The Office shall report to the Committees on Small Business of the House of Representatives and the Senate on an annual basis as to its progress in imple- menting the requirements under this section.’’ Subsec. (g). Pub. L. 111–240, § 1204(a)(6), inserted head- ing and substituted ‘‘The Associate Administrator’’ for ‘‘The Office’’ in introductory provisions. Subsec. (h). Pub. L. 111–240, § 1203(c), added subsec. (h). Subsecs. (i), (j). Pub. L. 111–240, § 1204(a)(7), added sub- secs. (i) and (j). Subsecs. (k), (l). Pub. L. 111–240, § 1205(a), added sub- secs. (k) and (l). 1988—Subsecs. (b) to (g). Pub. L. 100–418 added subsec. (b), redesignated former subsec. (b) as (c) and added pars. (1) to (5) and redesignated former pars. (1) to (3) as (6) to (8), respectively, and added subsecs. (d) to (g). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of Title 22, Foreign Relations and Intercourse, see section 1470(w) of Pub. L. 115–254, set out as a note under sec- tion 905 of Title 2, The Congress. EFFECTIVE DATE Pub. L. 96–481, title I, § 113(b), Oct. 21, 1980, 94 Stat. 2324, provided that: ‘‘The amendment made by sub- section (a) [enacting this section] shall take effect on October 1, 1980, or the date of enactment of this Act [Oct. 21, 1980], whichever occurs later.’’ SHORT TITLE For short title of part B of title I of Pub. L. 96–481 as the Small Business Export Expansion Act of 1980, see Short Title of 1980 Amendment note set out under sec- tion 631 of this title. IMPLEMENTATION Pub. L. 111–240, title I, § 1203(e), Sept. 27, 2010, 124 Stat. 2522, provided that: ‘‘Not later than 90 days after the date of enactment of this Act [Sept. 27, 2010], the Administrator of the Small Business Administration shall appoint an Associate Administrator for Inter- national Trade under section 22(a) of the Small Busi- ness Act (15 U.S.C. 649(a)), as added by this section.’’ STUDY AND REPORT ON FILLING GAPS IN HIGH-AND- LOW-EXPORT VOLUME AREAS Pub. L. 111–240, title I, § 1205(b), Sept. 27, 2010, 124 Stat. 2529, provided that: Page 1028 TITLE 15—COMMERCE AND TRADE § 649a ‘‘(1) STUDY AND REPORT.—Not later than 6 months after the date of enactment of this Act [Sept. 27, 2010], 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 export- ers 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 [Sept. 27, 2010]; and ‘‘(II) for each subsequent study, during the 10- year period ending on the date the study is com- menced; ‘‘(vi) the total value of the exports in each State by small business concerns; ‘‘(vii) the percentage of the total volume of ex- ports 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 attrib- utable 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 [Sept. 27, 2010]; and ‘‘(II) for each subsequent study, during the 10- year period ending on the date the study is com- menced; and ‘‘(B) submit to the Committee on Small Business and Entrepreneurship of the Senate and the Com- mittee on Small Business of the House of Representa- tives 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 recommenda- tion 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 ex- ports, based upon the most recent data available from the Department of Commerce; and ‘‘(iv) such additional information as the Adminis- trator 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 [now section 22(m), 15 U.S.C. 649(m)], as added by this title.’’ [For definitions of ‘‘Administrator’’ and ‘‘small busi- ness concern’’ as used in section 1205(b) of Pub. L. 111–240, set out above, see section 1001 of Pub. L. 111–240, set out as a note under section 632 of this title.] CONGRESSIONAL DECLARATION OF POLICY Pub. L. 96–481, title I, § 111, Oct. 21, 1980, 94 Stat. 2323, provided that: ‘‘(a) The Congress finds and declares that— ‘‘(1) a strong export policy is essential to the health and well-being of the United States economy; ‘‘(2) 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. ‘‘(3) every billion dollars in new exports is esti- mated to provide forty thousand jobs; ‘‘(4) there is increased and fierce competition in international markets to United States goods and services; ‘‘(5) small businesses account for no more than 10 per centum of all United States export sales; ‘‘(6) Federal Government programs are not suffi- ciently responsive to the needs of small business for export education and development of overseas mar- keting opportunities necessary to insure that small businesses realize their potential; and ‘‘(7) it is in the national interest to systematically and consistently promote and encourage small busi- ness participation in international markets. ‘‘(b) It is therefore the purpose of this part [enacting this section, amending section 636 of this title, and en- acting provisions set out as notes under sections 631 and 649 of this title] to encourage and promote small business exporting by— ‘‘(1) providing educational and marketing assist- ance to small businesses; ‘‘(2) 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 ‘‘(3) promoting the competitive viability of such firms in export trade and encouraging increased tour- ism in the United States by creating a program to provide limited financial, technical, and management assistance as may be necessary.’’ § 649a. Omitted Editorial Notes CODIFICATION Section, Pub. L. 96–481, title III, § 301(a)–(d), Oct. 21, 1980, 94 Stat. 2330, which related to establishment, staffing, functions, evaluation, and reporting require- ments of export promotion centers, terminated Oct. 1, 1983. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Pub. L. 96–481, title III, § 301(e), Oct. 21, 1980, 94 Stat. 2331, provided that: ‘‘This section shall take effect on October 1, 1980, or on the date of the enactment of this section [Oct. 21, 1980] whichever occurs later and shall expire on October 1, 1983.’’ § 649b. Grants, contracts and cooperative agree- ments for international marketing programs (a) Limitations and restrictions The Secretary of Commerce (hereinafter re- ferred to as the ‘‘Secretary’’) is authorized to make grants (including contracts and coopera- tive agreements) to a qualified applicant to en- courage the development and implementation of a small business international marketing pro- gram (hereinafter referred to as ‘‘the program’’). Each qualified applicant under sections 649a to 649d of this title may receive a Federal grant not to exceed $150,000 annually for each of three years: Provided, That not more than one-third of these Federal funds may be used for the purpose of hiring personnel. Nothing in this section shall be construed as authorizing the Secretary to enter into contracts or incur obligations except to such extent and in such amounts as are pro- vided in appropriation Acts. (b) Eligibility (1) To be eligible for a grant under this sec- tion, an applicant proposing to carry out a small business international marketing program must submit to the Secretary an application dem- onstrating, at a minimum: (A) the geographical area to be served; (B) the number of firms to be assisted;