HR 5883 IHCommentsClose CommentsPermalink

To amend the Export Enhancement Act of 1988 to establish the Office of Trade Promotion in the Executive Office of the President, and for other purposes.CommentsClose CommentsPermalink

April 23, 2008

Mr. MANZULLO (for himself and Mr. MICA) introduced the following bill; which was referred to the Committee on Foreign AffairsCommentsClose CommentsPermalink

To amend the Export Enhancement Act of 1988 to establish the Office of Trade Promotion in the Executive Office of the President, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Export Promotion Enhancement Act of 2008'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings.CommentsClose CommentsPermalink





Sec. 3. Purpose.CommentsClose CommentsPermalink

TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988

Sec. 101. Establishment and purpose.CommentsClose CommentsPermalink





Sec. 102. Duties.CommentsClose CommentsPermalink





Sec. 103. Strategic plan.CommentsClose CommentsPermalink





Sec. 104. Director and Associate Directors.CommentsClose CommentsPermalink





Sec. 105. Staff; experts and consultants.CommentsClose CommentsPermalink





Sec. 106. Advisory Board on Trade Promotion.CommentsClose CommentsPermalink





Sec. 107. Report to Congress.CommentsClose CommentsPermalink





Sec. 108. Report on export policy.CommentsClose CommentsPermalink





Sec. 109. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 110. Clerical amendment.CommentsClose CommentsPermalink





Sec. 111. Effective date.CommentsClose CommentsPermalink

TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES

Sec. 201. Conforming amendments to other laws.CommentsClose CommentsPermalink





Sec. 202. References.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) As the world's largest economy, the United States has an enormous stake in the future of the global trading system.CommentsClose CommentsPermalink





(2) Exports are a crucial force driving the United States economy and job creation.CommentsClose CommentsPermalink





(3) While nearly 97 percent of United States exporters are small and medium enterprises (SMEs), SMEs account for just over one-fourth of exports, leaving much room for growth.CommentsClose CommentsPermalink





(4) Two-thirds of United States exporters have fewer than 20 employees and sell to just one foreign market.CommentsClose CommentsPermalink





(5) Manufacturers account for 61 percent of total United States exports with small manufacturers accounting for approximately 15 percent of total United States exports. Thirty percent of small manufacturers do not currently export but would consider doing so if they had more help in securing vital information on foreign markets, customers, and export procedures.CommentsClose CommentsPermalink





(6) United States small and medium enterprises face tough competition from trading partners of the United States that aggressively undertake export promotion programs that directly support and underwrite the expanded growth in trade of their small and medium enterprises.CommentsClose CommentsPermalink





(7) United States trade promotion is carried out in part by 21 departments and agencies of the Federal Government. Representatives from these Federal departments and agencies are members of the Trade Promotion Coordinating Committee (TPCC), a Federal committee that has not lived up to congressional intent to provide a seamless offering of export promotion products and services due in part to the inadequate allocation of resources and a lack of ultimate decision making budget input authority to ensure effective results are achieved for the invested resources.CommentsClose CommentsPermalink

SEC. 3. PURPOSE.

The purpose of this Act and the amendments made by this Act is to improve the performance and results of trade promotion policies and programs of the Federal Government in accordance with the Government Performance and Results Act of 1993 (Public Law 103-62).CommentsClose CommentsPermalink

TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988

SEC. 101. ESTABLISHMENT AND PURPOSE.

Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(i) by inserting `in the Executive Office of the President' after `shall establish';CommentsClose CommentsPermalink





(ii) by striking `Trade Promotion Coordinating Committee' and inserting `Office of Trade Promotion'; andCommentsClose CommentsPermalink





(iii) by striking `TPCC' each place it appears and inserting `Office';CommentsClose CommentsPermalink





(B) in paragraph (1), by inserting `and oversee' after `to coordinate'; andCommentsClose CommentsPermalink





(C) in paragraph (2), by inserting `and supervise implementation of' after `to develop'; andCommentsClose CommentsPermalink





(2) in subsections (b) through (f), by striking `TPCC' each place it appears and inserting `Office'.CommentsClose CommentsPermalink

SEC. 102. DUTIES.

Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(b)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively;CommentsClose CommentsPermalink





(2) by inserting before paragraph (2) (as redesignated) the following new paragraph:CommentsClose CommentsPermalink





`(1) advise the President, and others within the Executive Office of the President, on matters relating to trade promotion policies and programs of the United States Government;'.CommentsClose CommentsPermalink





(3) in paragraph (2) (as redesignated), by striking `coordinate' and inserting `supervise';CommentsClose CommentsPermalink





(4) in paragraph (4) (as redesignated)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink





(i) by inserting `and attainment of measurable results' after `better delivery of services'; andCommentsClose CommentsPermalink





(ii) by inserting `with emphasis on small and medium enterprises' after `United States businesses'; andCommentsClose CommentsPermalink





(B) in subparagraph (C), by adding at the end before the semicolon the following: `, including assistance to match United States businesses with foreign businesses, as appropriate';CommentsClose CommentsPermalink





(5) in paragraph (5) (as redesignated), by inserting `and enhance the effectiveness of' after `prevent unnecessary duplication in'; andCommentsClose CommentsPermalink





(6) in paragraph (6) (as redesignated) to read as follows:CommentsClose CommentsPermalink





`(6) review and make input on the appropriate levels and allocation of resources among agencies in support of export promotion and export financing and advise the President as to the concurrence in these allocations based on its review; and'.CommentsClose CommentsPermalink

SEC. 103. STRATEGIC PLAN.

Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(c)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking `and explain' and inserting `, explain'; andCommentsClose CommentsPermalink





(B) by adding at the end before the semicolon the following: `, and detail the benchmarks for the implementation of the priorities';CommentsClose CommentsPermalink





(2) in paragraph (2), by inserting `and effectiveness' after `to improve coordination'; andCommentsClose CommentsPermalink





(3) in paragraph (4)--CommentsClose CommentsPermalink





(A) by striking `propose to the President an annual' and inserting `include in the annual Federal budget submission to Congress a detailed';CommentsClose CommentsPermalink





(B) by striking `that supports' and inserting `and oversee its implementation so it supports'; andCommentsClose CommentsPermalink





(C) by adding `and' after the semicolon;CommentsClose CommentsPermalink





(4) in paragraph (5), by striking `; and' and inserting a period; andCommentsClose CommentsPermalink





(5) by striking paragraph (6).CommentsClose CommentsPermalink

SEC. 104. DIRECTOR AND ASSOCIATE DIRECTORS.

Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended by striking subsection (d) and inserting the following new subsection:CommentsClose CommentsPermalink





`(d) Director and Associate Directors-CommentsClose CommentsPermalink





`(1) DIRECTOR- There shall be at the head of the Office a Director of the Office of Trade Promotion, who shall--CommentsClose CommentsPermalink





`(A) be appointed by the President, by and with the advice and consent of the Senate; andCommentsClose CommentsPermalink





`(B) be compensated at a rate consistent with the compensation of the directors of other offices within the Executive Office of the President.CommentsClose CommentsPermalink





`(2) ASSOCIATE DIRECTORS- The President may appoint not more than two Associate Directors of the Office of Trade Promotion, by and with the advice and consent of the Senate, who shall each--CommentsClose CommentsPermalink





`(A) be compensated at a rate not to exceed the rate provided for other associate directors of offices within the Executive Office of the President; andCommentsClose CommentsPermalink





`(B) perform such functions as the Director may prescribe.'.CommentsClose CommentsPermalink

SEC. 105. STAFF; EXPERTS AND CONSULTANTS.

Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended by striking subsection (e) and inserting the following new subsection:CommentsClose CommentsPermalink





`(e) Staff; Experts and Consultants-CommentsClose CommentsPermalink





`(1) STAFF-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Director of the Office may appoint and fix the pay of additional personnel as the Director considers appropriate.CommentsClose CommentsPermalink





`(B) STAFF OF FEDERAL AGENCIES- Upon request of the Director, the head of any Federal department or agency that is represented on the Advisory Board on Trade Promotion established pursuant to subsection (f) may detail any of the personnel of that department or agency to the Office to assist it in carrying out its duties under this section.CommentsClose CommentsPermalink





`(2) EXPERTS AND CONSULTANTS- The Director of the Office may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-15 of the General Schedule.'.CommentsClose CommentsPermalink

SEC. 106. ADVISORY BOARD ON TRADE PROMOTION.

(a) Advisory Board on Trade Promotion- Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink





(2) by inserting after subsection (e) the following new subsection:CommentsClose CommentsPermalink





`(f) Advisory Board on Trade Promotion-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT AND PURPOSE- The President shall establish the Advisory Board on Trade Promotion (hereafter in this subsection referred to as the `Advisory Board'). The purpose of the Advisory Board shall be to advise the Director of the Office in carrying out the duties of the Office under this section and section 6 of the Export Enhancement Act of 1999 (15 U.S.C. 4727a).CommentsClose CommentsPermalink





`(2) MEMBERSHIP-CommentsClose CommentsPermalink





`(A) IN GENERAL- Members of the Advisory Board shall include representatives from--CommentsClose CommentsPermalink





`(i) the Department of Agriculture;CommentsClose CommentsPermalink





`(ii) the Department of Commerce;CommentsClose CommentsPermalink





`(iii) the Department of Defense;CommentsClose CommentsPermalink





`(iv) the Department of Energy;CommentsClose CommentsPermalink





`(v) the Department of the Interior;CommentsClose CommentsPermalink





`(vi) the Department of Labor;CommentsClose CommentsPermalink





`(vii) the Department of State;CommentsClose CommentsPermalink





`(viii) the Department of Transportation;CommentsClose CommentsPermalink





`(ix) the Department of the Treasury;CommentsClose CommentsPermalink





`(x) the Environmental Protection Agency;CommentsClose CommentsPermalink





`(xi) the Export-Import Bank of the United States;CommentsClose CommentsPermalink





`(xii) the United States Agency for International Development;CommentsClose CommentsPermalink





`(xiii) the Millennium Challenge Corporation;CommentsClose CommentsPermalink





`(xiv) the Office of Management and Budget;CommentsClose CommentsPermalink





`(xv) the Overseas Private Investment Corporation;CommentsClose CommentsPermalink





`(xvi) the Small Business Administration;CommentsClose CommentsPermalink





`(xvii) the Trade and Development Agency;CommentsClose CommentsPermalink





`(xviii) the Office of the United States Trade Representative; andCommentsClose CommentsPermalink





`(xix) at the discretion of the President, such other departments or agencies as may be necessary.CommentsClose CommentsPermalink





`(B) CHAIRPERSON- The Secretary of Commerce shall serve as the chairperson of the Advisory Board.CommentsClose CommentsPermalink





`(3) MEMBER QUALIFICATIONS- Members of the Advisory Board shall be appointed by the heads of their respective departments or agencies. Such members, as well as alternates designated by any members unable to attend a meeting of the Advisory Board, shall be individuals who exercise significant decisionmaking authority in their respective departments or agencies.'.CommentsClose CommentsPermalink





(b) Environmental Trade Promotion-CommentsClose CommentsPermalink





(1) ENVIRONMENTAL TRADE WORKING GROUP- Section 2313(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(b)) is amended--CommentsClose CommentsPermalink





(A) in the heading, by striking `Trade Promotion Coordination Committee' and inserting `Advisory Board on Trade Promotion';CommentsClose CommentsPermalink





(B) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking `Trade Promotion Coordination Committee' and inserting `Advisory Board on Trade Promotion'; andCommentsClose CommentsPermalink





(ii) by striking `TPCC' and inserting `Advisory Board';CommentsClose CommentsPermalink





(C) in paragraph (2)(A), by striking `TPCC' and inserting `Advisory Board'; andCommentsClose CommentsPermalink





(D) in paragraph (4) to read as follows:CommentsClose CommentsPermalink





`(4) REPORT TO CONGRESS- The chairperson of the Advisory Board shall submit to the Director of the Office of Trade Promotion a report on the activities of the Working Group to be included in the annual report submitted to Congress by the Director of the Office pursuant to section 2312(g).'.CommentsClose CommentsPermalink





(2) ENVIRONMENTAL TECHNOLOGIES TRADE ADVISORY COMMITTEE- Section 2313(c)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(c)(1)) is amended by striking `TPCC' and inserting `Advisory Board'.CommentsClose CommentsPermalink





(3) INTERNATIONAL REGIONAL ENVIRONMENTAL INITIATIVES- Section 2313(h) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(h)) is amended by striking `TPCC' each place it appears and inserting `Office of Trade Promotion'.CommentsClose CommentsPermalink

SEC. 107. REPORT TO CONGRESS.

(a) Report to Congress- Section 2312(g) of the Export Enhancement Act of 1988 (as redesignated by section 106(a)(1) of this title) is amended to read as follows:CommentsClose CommentsPermalink





`(g) Report to Congress-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Director of the Office shall prepare and submit to the appropriate congressional committees an annual report that describes the strategic plan developed by the Office pursuant to subsection (c), the implementation of the plan and any revisions thereto, and the extent to which funding for the plan is appropriate.CommentsClose CommentsPermalink





`(2) DEFINITION- In this subsection, the term `appropriate congressional committees' means--CommentsClose CommentsPermalink





`(A) the Committee on Banking, Housing, and Urban Affairs of the Senate; andCommentsClose CommentsPermalink





`(B) the Committee on Foreign Affairs of the House of Representatives.'.CommentsClose CommentsPermalink

SEC. 108. REPORT ON EXPORT POLICY.

Section 2314(b)(1)(B) of the Export Enhancement Act of 1988 (15 U.S.C. 4729(b)(1)(B)) is amended to read as follows:CommentsClose CommentsPermalink





`(B) the report of the Director of the Office of Trade Promotion that contains the strategic plan submitted to Congress in accordance with section 2312(g);'.CommentsClose CommentsPermalink

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727), as amended by this title, is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(h) Authorization of Appropriations-CommentsClose CommentsPermalink





`(1) IN GENERAL- There are authorized to be appropriated to carry out this section and section 2313, section 6 of the Export Enhancement Act of 1999, and section 304 of the FREEDOM Support Act such sums as may be necessary for fiscal year 2008 and each subsequent fiscal year.CommentsClose CommentsPermalink





`(2) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.'.CommentsClose CommentsPermalink

SEC. 110. CLERICAL AMENDMENT.

Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727(a)) is amended in the heading by striking `trade promotion coordinating committee' and inserting `office of trade promotion'.CommentsClose CommentsPermalink

SEC. 111. EFFECTIVE DATE.

The President shall establish the Office of Trade Promotion and the Advisory Board on Trade Promotion pursuant to section 2312 of the Export Enhancement Act of 1988 (as amended by this title) not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES

SEC. 201. CONFORMING AMENDMENTS TO OTHER LAWS.

(a) Export Enhancement Act of 1999- The Export Enhancement Act of 1999 is amended--CommentsClose CommentsPermalink





(1) in section 6 (15 U.S.C. 1547a)--CommentsClose CommentsPermalink





(A) in the heading, by striking `tpcc' and inserting `the office of trade promotion';CommentsClose CommentsPermalink





(B) in the matter preceding paragraph (1), by striking `Trade Promotion Coordinating Committee' and inserting `Office of Trade Promotion'; andCommentsClose CommentsPermalink





(C) in paragraph (3), by striking `inclding' and inserting `including'; andCommentsClose CommentsPermalink





(2) in the heading of section 7, by striking `tpcc reports' and inserting `reports of the office of trade promotion'.CommentsClose CommentsPermalink





(b) FREEDOM Support Act- The FREEDOM Support Act is amended--CommentsClose CommentsPermalink





(1) in section 303(b) (22 U.S.C. 5823(b)), by striking `Chair of the Trade Promotion Coordinating Committee' and inserting `Director of the Office of Trade Promotion';CommentsClose CommentsPermalink





(2) in section 304 (22 U.S.C. 5824)--CommentsClose CommentsPermalink





(A) in the heading, by striking `trade promotion coordinating committee' and inserting `office of trade promotion'; andCommentsClose CommentsPermalink





(B) in the matter preceding paragraph (1), by striking `Trade Promotion Coordinating Committee' and inserting `Office of Trade Promotion'; andCommentsClose CommentsPermalink





(3) by amending the item relating to section 304 of the table of contents to read as follows:CommentsClose CommentsPermalink





`Sec. 304. Interagency working group on energy of the Office of Trade Promotion.'.CommentsClose CommentsPermalink





(c) Export-Import Bank Act of 1945- Section 2(b)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A)) is amended by striking `Trade Promotion Coordinating Committee' and inserting `Office of Trade Promotion'.CommentsClose CommentsPermalink

SEC. 202. REFERENCES.

Any reference in a law, regulation, document, or other record of the United States to the Trade Promotion Coordinating Committee or TPCC shall be deemed to be a reference to the Office of Trade Promotion.CommentsClose CommentsPermalink