II 

Calendar No. 408 

118TH CONGRESS 

2D SESSION S. 4414 

To improve the State Trade Expansion Program of the Small Business 

Administration. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2024 

Mrs. SHAHEEN, from the Committee on Small Business and Entrepreneurship, reported the following original bill; which was read twice and placed 

on the calendar 

A BILL 

To improve the State Trade Expansion Program of the Small 

Business Administration. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘State Trade Expansion 

5 Program Modernization Act of 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The State Trade Expansion Program estab2 lished under section 22(l) of the Small Business Act 

3 (15 U.S.C. 649(l)) (in this section referred to as 

4 ‘‘STEP’’) was created by Congress in 2010 to grow 

5 the number of small business concerns (as defined 

6 under section 3 of such Act (15 U.S.C. 632) and in 

7 this section referred to as a ‘‘small business con8 cern’’) that export, increase the value of goods ex9 ported by the small business sector, and help busi10 nesses identify new markets. 

11 (2) Helping small firms in the United States 

12 begin to export or build upon their existing export 

13 capacity generates investment in local economies and 

14 spurs employment. 

15 (3) Despite 95 percent of global consumers liv16 ing outside of the United States, less than 4 percent 

17 of small business concerns in the United States ex18 port their products or services. 

19 (4) Many small business concerns in the United 

20 States that could grow by exporting lack the dedi21 cated staff, required technical skills, and necessary 

22 budgetary resources for international expansion. 

23 (5) STEP provides vital assistance to small 

24 business concerns, particularly to those that have 


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1 never had the opportunity to sell their products or 

2 services abroad. 

3 (6) According to data of the Bureau of the Cen4 sus, there were approximately 5,900,000 employer 

5 firms in the United States as of 2021, of which 

6 more than 1,200,000, or approximately 22 percent, 

7 were women-owned. However, according to the data, 

8 of the 128,460 exporting small firms, only 21,626, 

9 or 17 percent, were women-owned firms, meaning 

10 that, of small firms, 5 times as many male-owned 

11 firms export as women-owned firms. The data show 

12 that the overall disparity in business ownership be13 tween men and women is even greater among ex14 porting businesses. 

15 (7) According to research conducted by the 

16 Small Business Administration, smaller firms tend 

17 to produce fewer outputs and are less likely to ex18 port than larger firms. Data of the Bureau of the 

19 Census show that women-owned firms employ 33 

20 percent fewer workers on average than male-owned 

21 firms and are less likely to enjoy the benefits of 

22 international trade. 

23 (8) Exporting is a highly effective way for busi24 nesses to expand their markets and increase their 

25 productivity. As States expand export-enhancing acVerDate Sep 11 2014 04:34 May 24, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4414.RS S4414

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1 tivities through STEP, additional small firms will 

2 benefit from the higher demand for their goods and 

3 services and increased profits associated with inter4 national trade. 

5 (9) During the first 10 years of operation, 

6 STEP enabled more than 12,000 small business 

7 concerns to explore export opportunities, helping 

8 them reach markets in 141 countries. 

9 (10) Congress recognizes that STEP can be im10 proved to reduce the administrative burden for 

11 grantees, streamline reporting and compliance re12 quirements, give grantees more flexibility, make 

13 grant awards more transparent and consistent, and 

14 set more predictable application deadlines. 

15 (11) Congress also recognizes that making 

16 awards under STEP more consistent and trans17 parent will simplify the program and incentivize 

18 more States to participate so that small business 

19 concerns are supported in all States. 

20 SEC. 3. STREAMLINING APPLICATION, REPORTING, AND 

21 COMPLIANCE REQUIREMENTS. 

22 (a) REQUIREMENT FOR FUNDING INFORMATION TO

23 BE KEPT CURRENT.—Section 22(l)(3) of the Small Busi24 ness Act (15 U.S.C. 649(l)(3)) is amended by adding at 

25 the end the following: 


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1 ‘‘(E) REQUIREMENT FOR FUNDING INFOR2 MATION TO BE KEPT CURRENT.—The Associate 

3 Administrator shall— 

4 ‘‘(i) maintain on the website of the 

5 Administration a publicly accessible list of 

6 links to documents containing the most up7 to-date information about program require8 ments and application procedures, includ9 ing the latest notice of funding oppor10 tunity, all active Director’s Memos, and 

11 any determination made related to eligible 

12 expenditures or the classification of ex13 penditures as direct or indirect; and 

14 ‘‘(ii) update the list described in 

15 clause (i) before any new clarification, in16 struction, directive, requirement, deter17 mination, or classification relating to the 

18 program takes effect.’’. 

19 (b) TIMING OF FUNDING INFORMATION RELEASE.— 

20 Section 22(l)(3)(D) of the Small Business Act (15 U.S.C. 

21 649(l)(3)(D)) is amended by adding at the end the fol22 lowing: 

23 ‘‘(iii) TIMING.—The Associate Admin24 istrator shall— 


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1 ‘‘(I) publish information on how 

2 to apply for a grant under this sub3 section, including specific calculations 

4 and other determinations used to 

5 award such a grant, not later than 

6 March 31 of each year; 

7 ‘‘(II) establish a deadline for the 

8 submission of applications that is— 

9 ‘‘(aa) not earlier than 60 

10 days after the date on which the 

11 information is published under 

12 subclause (I); and 

13 ‘‘(bb) not later than— 

14 ‘‘(AA) May 31 of each 

15 year; or 

16 ‘‘(BB) in the event that 

17 full-year appropriations for 

18 the program for a fiscal year 

19 have not been enacted as of 

20 February 1 of such fiscal 

21 year, 120 days after full22 year appropriations are en23 acted; and 

24 ‘‘(III) announce grant recipients 

25 not later than— 


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1 ‘‘(aa) September 30 of each 

2 year; or 

3 ‘‘(bb) in the event that full4 year appropriations for the pro5 gram for a fiscal year have not 

6 been enacted as of February 1 of 

7 such fiscal year, 210 days after 

8 full-year appropriations are en9 acted.’’. 

10 (c) APPLICATION STREAMLINING.—Section 

11 22(l)(3)(D) of the Small Business Act (15 U.S.C. 

12 649(l)(3)(D)), as amended by subsection (b) of this sec13 tion, is amended by adding at the end the following: 

14 ‘‘(iv) APPLICATION STREAMLINING.— 

15 ‘‘(I) IN GENERAL.—The Asso16 ciate Administrator shall establish a 

17 concise application for grants under 

18 the program that shall encompass all 

19 necessary information, including— 

20 ‘‘(aa) the proposal of the 

21 State, territory, or common22 wealth to manage the program; 

23 ‘‘(bb) an overview of the 

24 trade office and staff of the 


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1 State, territory, or common2 wealth; 

3 ‘‘(cc) a description of the 

4 key mission and objective, key ac5 tivities planned, and estimated 

6 key performance indicators; 

7 ‘‘(dd) a detailed budget, 

8 which, for a State, shall include a 

9 description of the cash, indirect 

10 costs, and in-kind contributions 

11 the State has committed to pro12 vide for the non-Federal share of 

13 the cost of the trade expansion 

14 program of the State to be car15 ried out using a grant under the 

16 program; and 

17 ‘‘(ee) for a State, whether 

18 the State is requesting to receive 

19 additional funds allocated under 

20 paragraph (5)(F), if applicable. 

21 ‘‘(II) SCOPE.—The application 

22 established under subclause (I) 

23 shall— 


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1 ‘‘(aa) include all the infor2 mation required for the technical 

3 proposal; 

4 ‘‘(bb) eliminate any unneces5 sary or duplicative materials, ex6 cept to the extent the duplication 

7 is due to the use of standard 

8 forms or documents that are not 

9 specific to the Administration 

10 and are used by other Federal 

11 grant programs; and 

12 ‘‘(cc) to the extent feasible, 

13 use forms common to other Fed14 eral trade and export pro15 grams.’’. 

16 (d) ABILITY TO REVIEW APPLICATIONS AFTER

17 AWARD.—Section 22(l)(3) of the Small Business Act (15 

18 U.S.C. 649(l)(3)), as amended by subsection (a) of this 

19 section, is amended by adding at the end the following: 

20 ‘‘(F) APPLICATION INFORMATION.—The 

21 Associate Administrator shall clearly commu22 nicate to applicants and grant recipients infor23 mation about award decisions under this sub24 section, including— 


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1 ‘‘(i) for each unsuccessful applicant 

2 for a grant awarded under this subsection, 

3 providing recommendations to improve a 

4 subsequent application for such a grant; 

5 ‘‘(ii) for each successful applicant for 

6 such a grant, providing an explanation for 

7 the amount awarded, if different from the 

8 amount requested in the application; and 

9 ‘‘(iii) upon request, offering to have 

10 the program manager who reviewed the ap11 plication discuss with the applicant how to 

12 improve a subsequent application for such 

13 a grant.’’. 

14 (e) BUDGET PLAN SUBMISSION AND REVISIONS.— 

15 Section 22(l)(3) of the Small Business Act (15 U.S.C. 

16 649(l)(3)), as amended by subsection (d) of this section, 

17 is amended— 

18 (1) in subparagraph (D)(i), by inserting ‘‘, in19 cluding a budget plan for use of funds awarded 

20 under this subsection’’ before the period at the end; 

21 and 

22 (2) by adding at the end the following: 

23 ‘‘(G) BUDGET PLAN REVISIONS.— 

24 ‘‘(i) IN GENERAL.—A State, territory, 

25 or commonwealth receiving a grant under 


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1 this subsection may revise the budget plan 

2 of the State, territory, or commonwealth 

3 submitted under subparagraph (D) after 

4 the disbursal of grant funds if— 

5 ‘‘(I) the revision complies with al6 lowable uses of grant funds under this 

7 subsection; and 

8 ‘‘(II) such State, territory, or 

9 commonwealth submits notification of 

10 the revision to the Associate Adminis11 trator. 

12 ‘‘(ii) EXCEPTION.—If a revision under 

13 clause (i) reallocates 10 percent or more of 

14 the amounts described in the budget plan 

15 of the State, territory, or commonwealth 

16 submitted under subparagraph (D), the 

17 State, territory, or commonwealth may not 

18 implement the revised budget plan without 

19 the approval of the Associate Adminis20 trator, unless the Associate Administrator 

21 fails to approve or deny the revised plan 

22 within 20 days after receipt of such revised 

23 plan.’’. 

24 (f) REPORTING BY RECIPIENTS; PROCESSING OF RE25 IMBURSEMENTS.—Section 22(l)(7) of the Small Business 


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1 Act (15 U.S.C. 649(l)(7)) is amended by adding at the 

2 end the following: 

3 ‘‘(C) REPORTING BY RECIPIENTS; PROC4 ESSING OF REIMBURSEMENTS.— 

5 ‘‘(i) IN GENERAL.—The Associate Ad6 ministrator shall establish for recipients of 

7 grants under the program a streamlined 

8 reporting process, template, or spreadsheet 

9 format to report information regarding the 

10 program and key performance indicators 

11 required by an Act of Congress that— 

12 ‘‘(I) a State, territory, or com13 monwealth may use to upload re14 quired compliance reports relating to 

15 the grants; 

16 ‘‘(II) minimizes the manual entry 

17 of specific data regarding eligible 

18 small business concerns, including 

19 performance data; 

20 ‘‘(III) eliminates any duplicative 

21 or unnecessary reporting requirements 

22 that are not required for the Associate 

23 Administrator to— 

24 ‘‘(aa) report the information 

25 specified in subparagraph (B); 


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1 ‘‘(bb) make allocations 

2 under paragraph (5)(B); or 

3 ‘‘(cc) conduct necessary 

4 oversight of the program; 

5 ‘‘(IV) to the extent feasible, ac6 commodates the use and uploading of 

7 spreadsheets or templates generated 

8 from customer relationship manage9 ment or spreadsheet software; and 

10 ‘‘(V) may not require a State, 

11 territory, or commonwealth to submit 

12 information more frequently than 

13 twice per year. 

14 ‘‘(ii) PROCESSING OF REIMBURSE15 MENT REQUESTS.—The Associate Adminis16 trator shall— 

17 ‘‘(I) process information sub18 mitted by a State, territory, or com19 monwealth for purposes of obtaining 

20 reimbursement for eligible activities in 

21 a timely manner, without regard to 

22 whether the information is submitted 

23 semiannually, as described in clause 

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1 tory, or commonwealth elects to sub2 mit information quarterly; 

3 ‘‘(II) notify a State, territory, or 

4 commonwealth if such information is 

5 not processed on or before the date 

6 that is 21 days after the date such in7 formation is submitted; and 

8 ‘‘(III) provide an estimated com9 pletion timeline with any notification 

10 under subclause (II). 

11 ‘‘(iii) RULE OF CONSTRUCTION.— 

12 Nothing in clause (i) shall be construed to 

13 prohibit a State, territory, or common14 wealth from submitting information for 

15 purposes of obtaining reimbursement for 

16 eligible activities on a quarterly basis, at 

17 the election of the State, territory, or com18 monwealth, respectively.’’. 

19 (g) REQUIREMENTS RELATED TO STATE EMPLOY20 EES.—Section 22(l)(3) of the Small Business Act (15 

21 U.S.C. 649(l)(3)), as amended by subsection (e) of this 

22 section, is amended by adding at the end the following: 

23 ‘‘(H) LIMITATION ON COLLECTION OF

24 STATE OFFICIAL AND EMPLOYEE INFORMA25 TION.— 


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1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (ii), the Associate Administrator— 

3 ‘‘(I) may only require that a 

4 State, territory, or commonwealth in5 clude with an application for a grant 

6 under the program detailed informa7 tion, such as a position description 

8 and resume, for the State, territory, 

9 or commonwealth official or employee 

10 that would manage the grant; 

11 ‘‘(II) may only require that a 

12 State, territory, or commonwealth re13 ceiving a grant under the program re14 port the salary of a State, territory, or 

15 commonwealth official or employee to 

16 the extent that the State, territory, or 

17 commonwealth— 

18 ‘‘(aa) includes such salary as 

19 part of the non-Federal share of 

20 the cost of the trade expansion 

21 program; or 

22 ‘‘(bb) uses amounts received 

23 under the grant for the cost of 

24 such salary, in whole or in part; 

25 and 


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1 ‘‘(III) with respect to a State, 

2 territory, or commonwealth official or 

3 employee who is not directly man4 aging a grant under the program, 

5 may only require the State, territory, 

6 or commonwealth to report the name, 

7 position, and contact information of 

8 the official or employee. 

9 ‘‘(ii) EXCEPTIONS.—The Associate 

10 Administrator may require a State, terri11 tory, or commonwealth to provide informa12 tion about a State, territory, or common13 wealth official or employee that is relevant 

14 to any investigation into suspected mis15 management, fraud, or malfeasance or that 

16 is necessary to comply with Federal grant 

17 requirements.’’. 

18 (h) LIMITATION ON COMPLIANCE AUDITS.—Section 

19 22(l) of the Small Business Act (15 U.S.C. 649(l)) is 

20 amended— 

21 (1) by redesignating paragraphs (7), (8), and 

22 (9) as paragraphs (10), (11), and (12), respectively; 

23 (2) by redesignating paragraphs (5) and (6) as 

24 paragraphs (6) and (7), respectively; and 


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1 (3) by inserting after paragraph (7), as so re2 designated, the following: 

3 ‘‘(8) COMPLIANCE AUDITS.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the Associate Administrator 

6 may not conduct an audit of a State, territory, 

7 or commonwealth to evaluate compliance with 

8 this subsection more than once every 3 years. 

9 ‘‘(B) EXCEPTIONS.—The Associate Admin10 istrator may conduct an audit of a State, terri11 tory, or commonwealth to evaluate compliance 

12 with this subsection more than once every 3 

13 years if— 

14 ‘‘(i) the amount allocated to the State, 

15 territory, or commonwealth under a grant 

16 under this subsection for a fiscal year is an 

17 increase of not less than 15 percent from 

18 the allocation for the State, territory, or 

19 commonwealth for the prior fiscal year; 

20 ‘‘(ii) the Associate Administrator be21 lieves that amounts received by the State, 

22 territory, or commonwealth under a grant 

23 under this subsection are being used for 

24 ineligible activities or as part of fraudulent 

25 activity; or 


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1 ‘‘(iii) the most recent audit report 

2 shows evidence of material noncompliance 

3 with program requirements, in which case 

4 the Associate Administrator may conduct 

5 an audit annually until compliance is rees6 tablished.’’. 

7 SEC. 4. FUNDING TRANSPARENCY AND PREDICTABILITY. 

8 (a) CAP ON REDUCTIONS IN GRANTS.—Section 22(l) 

9 of the Small Business Act (15 U.S.C. 649(l)) is amended 

10 by striking paragraph (4) and inserting the following: 

11 ‘‘(4) LIMITATIONS.— 

12 ‘‘(A) DEFINITIONS.—In this paragraph— 

13 ‘‘(i) the term ‘current fiscal year’ 

14 means the fiscal year for which the Admin15 istrator is determining the amount of a 

16 grant to be awarded to a State, territory, 

17 or commonwealth under the program; and 

18 ‘‘(ii) the term ‘prior fiscal year’ means 

19 the most recent fiscal year before the cur20 rent fiscal year for which a State, terri21 tory, or commonwealth received a grant 

22 under the program. 

23 ‘‘(B) GENERAL LIMITATION ON REDUC24 TIONS IN GRANTS.—Subject to subparagraphs 

25 (C) and (D), the Administrator may not award 


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1 a grant to a State, territory, or commonwealth 

2 under the program for the current fiscal year in 

3 an amount that is less than 80 percent of the 

4 amount received by the State, territory, or com5 monwealth under a grant under the program 

6 for the prior fiscal year. 

7 ‘‘(C) POTENTIAL ADDITIONAL ADJUST8 MENTS.— 

9 ‘‘(i) EXCEPTION FOR REDUCTION IN

10 APPROPRIATIONS.—Subject to subpara11 graph (D), if the total amount appro12 priated for the program for the current fis13 cal year is less than the amount appro14 priated for the program for the prior fiscal 

15 year, for purposes of applying subpara16 graph (B), the Administrator shall sub17 stitute for ‘the amount received by the 

18 State, territory, or commonwealth under a 

19 grant under the program for the prior fis20 cal year’ the product obtained by multi21 plying— 

22 ‘‘(I) subject to clause (ii) of this 

23 subparagraph, the amount received by 

24 the State, territory, or commonwealth 


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1 under a grant under the program for 

2 the prior fiscal year; by 

3 ‘‘(II) the ratio of the appropria4 tion for the current fiscal year to the 

5 appropriation for the prior fiscal year. 

6 ‘‘(ii) EXCEPTION FOR GRANTEES

7 THAT USE LESS THAN 80 PERCENT OF THE

8 AMOUNT OF A GRANT.—Subject to sub9 paragraph (D), if a State, territory, or 

10 commonwealth expends less than 80 per11 cent of the amount of a grant under the 

12 program for the prior fiscal year before the 

13 end of the period of the grant for the prior 

14 fiscal year established under paragraph 

15 (3)(C)(iii)(I), for purposes of applying sub16 paragraph (B) of this paragraph, if appro17 priations are not reduced, or applying 

18 clause (i) of this subparagraph, if appro19 priations are reduced, the Administrator 

20 shall substitute for ‘the amount received by 

21 the State, territory, or commonwealth 

22 under a grant under the program for the 

23 prior fiscal year’ the difference obtained by 

24 subtracting— 


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1 ‘‘(I) the amount equal to 50 per2 cent of the amount remaining avail3 able under the grant under the pro4 gram to the State, territory, or com5 monwealth for the prior fiscal year, as 

6 of the last day of such period; from 

7 ‘‘(II) the amount of the grant 

8 under the program to the State, terri9 tory, or commonwealth for the prior 

10 fiscal year. 

11 ‘‘(iii) EXCEPTION FOR INCREASE IN

12 GRANTEES RESULTING IN INSUFFICIENT

13 FUNDING.—If the number of States, terri14 tories, or commonwealths participating in 

15 the program has increased from the prior 

16 fiscal year to such an extent that funding 

17 is not sufficient to provide each grantee 

18 the minimum amount required under this 

19 paragraph (including any reductions under 

20 clause (i) or (ii) of this subparagraph, if 

21 applicable) the Administrator may make 

22 pro rata reductions to the minimum grant 

23 amount otherwise required under this 

24 paragraph on a one-time basis to ensure 


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1 that all qualified applicants may receive 

2 grants. 

3 ‘‘(D) VIOLATIONS.—The amount of a 

4 grant to a State, territory, or commonwealth 

5 may be less than the minimum amount deter6 mined under subparagraph (B) (including any 

7 substitution of amounts under clauses (i) and 

8 (ii) of subparagraph (C), as applicable), if the 

9 State, territory, or commonwealth has been 

10 found to have committed a significant violation 

11 of the rules or policies of the program.’’. 

12 (b) PERMITTING CARRYOVER OF UNUSED GRANT

13 FUNDS.—Section 22(l)(3)(C) of the Small Business Act 

14 (15 U.S.C. 649(l)(3)(C)) is amended— 

15 (1) in clause (ii), by striking ‘‘40 percent’’ and 

16 inserting ‘‘30 percent’’; and 

17 (2) in clause (iii)— 

18 (A) by striking ‘‘The Associate Adminis19 trator’’ and inserting the following: 

20 ‘‘(I) IN GENERAL.—The Asso21 ciate Administrator’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(II) GRANTEES THAT USE LESS

24 THAN THE FULL AMOUNT OF A

25 GRANT.— 


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1 ‘‘(aa) IN GENERAL.—Sub2 ject to item (bb), for a State, ter3 ritory, or commonwealth that 

4 does not expend the entire 

5 amount of a grant under the pro6 gram before the end of the period 

7 of the grant established under 

8 subclause (I), the State, terri9 tory, or commonwealth may ex10 pend amounts remaining avail11 able under the grant as of the 

12 last day of such period during 

13 the first fiscal year after such pe14 riod, in an amount not to exceed 

15 20 percent of the amount origi16 nally made available under such 

17 grant. 

18 ‘‘(bb) FORFEITED

19 GRANTS.—Item (aa) shall not 

20 apply to a grant under the pro21 gram to a State, territory, or 

22 commonwealth that was forfeited 

23 due to a significant program vio24 lation by the State, territory, or 

25 commonwealth. 


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1 ‘‘(cc) RETURN OF GRANT

2 FUNDS.—A State, territory, or 

3 commonwealth shall return to the 

4 Treasury— 

5 ‘‘(AA) any amounts re6 maining available under a 

7 grant under the program at 

8 the end of the period of the 

9 grant established under sub10 clause (I) that are not avail11 able for expenditure under 

12 item (aa) of this subclause; 

13 and 

14 ‘‘(BB) any amounts 

15 that are available for ex16 penditure under item (aa) 

17 and are not expended on or 

18 before the date that is 1 

19 year after the last day of the 

20 original period of the grant 

21 established under subclause 

22 (I).’’. 

23 (c) FUNDING FORMULA.—Section 22(l) of the Small 

24 Business Act (15 U.S.C. 649(l)) is amended by inserting 


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1 after paragraph (4), as amended by subsection (a) of this 

2 section, the following: 

3 ‘‘(5) FUNDING FORMULA.— 

4 ‘‘(A) MINIMUM ALLOCATION.—Subject to 

5 paragraph (4), and except as provided otherwise 

6 in this paragraph, the minimum amount of a 

7 grant under the program for a fiscal year— 

8 ‘‘(i) for a territory or commonwealth, 

9 shall be the amount equal to 0.5 percent of 

10 the total amount appropriated for the pro11 gram for the fiscal year; and 

12 ‘‘(ii) for a State, shall be the amount 

13 equal to 0.75 percent of the total amount 

14 appropriated for the program for the fiscal 

15 year. 

16 ‘‘(B) ADDITIONAL FUNDS.— 

17 ‘‘(i) IN GENERAL.—Subject to clause 

18 (ii), amounts remaining for grants under 

19 the program for a fiscal year after the 

20 minimum allocation under subparagraph 

21 (A) shall be allocated among States receiv22 ing a grant under the program in accord23 ance with the following metrics: 

24 ‘‘(I) 20 percent of amounts re25 maining shall be proportionally alloVerDate Sep 11 2014 04:34 May 24, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S4414.RS S4414

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1 cated based on the ratio, for the most 

2 recently completed grant cycle for 

3 which complete reporting data is 

4 available, of the dollar value of export 

5 sales reported by a State that were 

6 initiated as a result of program activi7 ties undertaken by eligible small busi8 ness concerns that are located in the 

9 State to the amount of the grant re10 ceived by the State. 

11 ‘‘(II) 20 percent of amounts re12 maining shall be proportionally allo13 cated based on the ratio, for the most 

14 recently completed grant cycle for 

15 which complete reporting data is 

16 available, of the total number of ac17 tivities described in paragraph (2) un18 dertaken by eligible small business 

19 concerns participating in the program 

20 that are located in the State to the 

21 amount of the grant received by the 

22 State. 

23 ‘‘(III) 15 percent of amounts re24 maining shall be proportionally allo25 cated based on the ratio, for the most 


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1 recently completed grant cycle for 

2 which complete reporting data is 

3 available, of the number of eligible 

4 small business concerns participating 

5 in the program for the first time that 

6 are located in the State to the amount 

7 of the grant received by the State. 

8 ‘‘(IV) 15 percent of amounts re9 maining shall be proportionally allo10 cated based on the ratio, for the most 

11 recently completed grant cycle for 

12 which complete reporting data is 

13 available, of the number of eligible 

14 small business concerns participating 

15 in the program that are located in the 

16 State and that engaged in trade out17 side the United States for the first 

18 time to the amount of the grant re19 ceived by the State. 

20 ‘‘(V) 15 percent of amounts re21 maining shall be proportionally allo22 cated based on the ratio, for the most 

23 recently completed grant cycle for 

24 which complete reporting data is 

25 available, of the total number of new 


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•S 4414 RS

1 markets reached by eligible small 

2 business concerns participating in the 

3 program that are located in the State 

4 to the amount of the grant received by 

5 the State. 

6 ‘‘(VI) 15 percent of amounts re7 maining shall be proportionally allo8 cated based on the ratio, for the most 

9 recently completed grant cycle, of the 

10 total number of eligible small business 

11 concerns participating in the program 

12 that are located in the State to the 

13 number of eligible small business con14 cerns participating in the program 

15 that are located in the State and that 

16 meet 1 or more of the following cri17 teria: 

18 ‘‘(aa) Located in a low-in19 come or moderate-income area. 

20 ‘‘(bb) Located in a rural 

21 area. 

22 ‘‘(cc) Located in an 

23 HUBZone, as that term is de24 fined in section 31(b). 


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1 ‘‘(dd) Located in a commu2 nity that has been designated as 

3 an empowerment zone or enter4 prise community under section 

5 1391 of the Internal Revenue 

6 Code of 1986. 

7 ‘‘(ee) Located in a commu8 nity that has been designated as 

9 a promise zone by the Secretary 

10 of Housing and Urban Develop11 ment. 

12 ‘‘(ff) Located in a commu13 nity that has been designated as 

14 a qualified opportunity zone 

15 under section 1400Z–1 of the In16 ternal Revenue Code of 1986. 

17 ‘‘(gg) Being owned by 

18 women. 

19 ‘‘(ii) LIMITATION.—In allocating 

20 funds under each of subclauses (I) through 

21 (VI) of clause (i), the amount of funds al22 located under such subclause to the State 

23 with the highest ratio for a metric may not 

24 be more than 10 times the amount of 

25 funds allocated under such subclause to 


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1 the State with the lowest ratio that is 

2 greater than zero for that metric. 

3 ‘‘(C) LIMIT ON REDUCTION BELOW GRANT

4 BEFORE ENACTMENT.—In addition to the limi5 tations under paragraph (4), and except to the 

6 extent a State elects to return funds under sub7 paragraph (E), the amount of a grant to the 

8 State under the program for any fiscal year 

9 may not be less than the amount of the grant 

10 to the State under the program for the most re11 cent full fiscal year before the date of enact12 ment of the State Trade Expansion Program 

13 Modernization Act of 2024 for which the State 

14 received such a grant. 

15 ‘‘(D) MATCHING REQUIREMENT FOR FOR16 MULA FUNDS.—The Associate Administrator 

17 shall provide to each State receiving a grant 

18 under the program an award in the amount cal19 culated in accordance with the funding formula 

20 under subparagraphs (A), (B), and (C) if the 

21 State has committed to provide the necessary 

22 cash, indirect costs, and in-kind contributions 

23 for the non-Federal share of the cost of the 

24 trade expansion program of the State, as re25 quired under paragraph (6). 


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1 ‘‘(E) RETURN OF GRANTS.—Not later than 

2 15 days after the date on which the Associate 

3 Administrator notifies a State of the amount to 

4 be awarded to the State under a grant under 

5 the program for a fiscal year, the State may de6 cline or return to the Associate Administrator, 

7 in whole or in part, such amounts. 

8 ‘‘(F) DISTRIBUTION OF RETURNED AND

9 REMAINING AMOUNTS.— 

10 ‘‘(i) REMAINING AMOUNTS.—In this 

11 subparagraph, the term ‘remaining 

12 amounts’ means— 

13 ‘‘(I) amounts declined or re14 turned under subparagraph (E) for a 

15 fiscal year; or 

16 ‘‘(II) amounts remaining for 

17 grants under the program for a fiscal 

18 year after allocating funds in accord19 ance with subparagraphs (A), (B), 

20 and (C) due to reductions in the 

21 amount of grants because of the 

22 amount committed by States for the 

23 non-Federal share of the cost of the 

24 trade expansion program of the 

25 States. 


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1 ‘‘(ii) DISTRIBUTION.—The Associate 

2 Administrator shall distribute any remain3 ing amounts for a fiscal year among the 

4 States receiving a grant under the program 

5 that requested to receive such remaining 

6 amounts, in an amount that is proportional 

7 to the allocations under subparagraphs 

8 (A), (B), and (C). 

9 ‘‘(G) LIMITATION ON BASIS FOR REDUCING

10 AMOUNTS.—The Associate Administrator may 

11 not reduce the amount determined to be allo12 cated or distributed to a State under any sub13 paragraph of this paragraph based on the pro14 posed use of such amount by the State, except 

15 to the extent that such use is not an eligible use 

16 of funds for a grant under the program. 

17 ‘‘(H) ROUNDING.—The total amount of a 

18 grant to a State, territory, or commonwealth 

19 under the program, as determined under this 

20 paragraph, shall be rounded to the nearest in21 crement of $1,000. 

22 ‘‘(I) APPLICATION.— 

23 ‘‘(i) IN GENERAL.—The Associate Ad24 ministrator shall award grants under this 

25 subsection based on the formula described 


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1 in this paragraph, and without regard to 

2 paragraph (3)(B)— 

3 ‘‘(I) for the second consecutive 

4 fiscal year for which the amount made 

5 available for the program is not less 

6 than $30,000,000; and 

7 ‘‘(II) for each fiscal year after 

8 the fiscal year described in subclause 

9 (I) for which the amount made avail10 able for the program is not less than 

11 $30,000,000. 

12 ‘‘(ii) AWARD WHEN NOT BASED ON

13 FORMULA.—For any fiscal year for which 

14 grants are not awarded based on the for15 mula described in this paragraph, the As16 sociate Administrator shall award grants 

17 under this subsection on a competitive 

18 basis, taking into account the consider19 ations described in paragraph (3)(B). 

20 ‘‘(J) TRANSITION PLAN.— 

21 ‘‘(i) INITIAL PLAN.— 

22 ‘‘(I) IN GENERAL.—If the 

23 amount made available for the pro24 gram for a fiscal year is not less than 

25 $30,000,000, the Associate AdminisVerDate Sep 11 2014 04:34 May 24, 2024 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S4414.RS S4414

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1 trator shall develop a transition plan 

2 describing how the Administration in3 tends to begin awarding grants based 

4 on the formula described in this para5 graph, to ensure the Administration is 

6 prepared to award grants based on 

7 the formula described in this para8 graph if the amount made available 

9 for the program for the next fiscal 

10 year is not less than $30,000,000. 

11 ‘‘(II) ONE-TIME REQUIRE12 MENT.—Subclause (I) shall not apply 

13 on and after the first day of the first 

14 fiscal year for which the Associate Ad15 ministrator awards grants based on 

16 the formula described in this para17 graph. 

18 ‘‘(III) REQUIREMENT TO USE

19 FORMULA.—The Associate Adminis20 trator shall award grants based on the 

21 formula described in this paragraph in 

22 accordance with the requirements 

23 under subparagraph (I), without re24 gard to whether the Associate Admin25 istrator develops the transition plan 


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1 required under subclause (I) of this 

2 clause. 

3 ‘‘(ii) UPDATES.—If, for any fiscal 

4 year after the first fiscal year for which 

5 the Associate Administrator awards grants 

6 based on the formula described in this 

7 paragraph, the amount made available for 

8 the program for the fiscal year is less than 

9 $30,000,000, the Associate Administrator 

10 shall update the plan to award grants 

11 based on the formula described in this 

12 paragraph, to ensure the Administration is 

13 prepared to award grants based on the for14 mula described in this paragraph if the 

15 amount made available for the program for 

16 the next fiscal year is not less than 

17 $30,000,000. 

18 ‘‘(K) REPORTING.—Not later than 180 

19 days after the end of each fiscal year for which 

20 the amount of grants under this subsection is 

21 determined under the formula described in this 

22 paragraph, the Associate Administrator shall 

23 submit to the Committee on Small Business 

24 and Entrepreneurship of the Senate and the 

25 Committee on Small Business of the House of 


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1 Representatives a report that provides the in2 formation used by the Associate Administrator 

3 to determine the amounts of grants under the 

4 formula, which shall include for the applicable 

5 fiscal year— 

6 ‘‘(i) the number of States that applied 

7 for a grant under the program; 

8 ‘‘(ii) the number of States that re9 ceived a grant under the program; 

10 ‘‘(iii) the raw data for each factor 

11 used to calculate award amounts in accord12 ance with subparagraph (B), broken out by 

13 State; 

14 ‘‘(iv) the utilization rates of each 

15 grantee, broken out by grantee; 

16 ‘‘(v) the amount carried over by a 

17 grantee under paragraph 

18 (3)(C)(iii)(II)(aa), broken out by grantee; 

19 ‘‘(vi) the amount returned to Treas20 ury due to a failure to use the amounts 

21 under paragraph (3)(C)(iii)(II)(cc), broken 

22 out by grantee; and 

23 ‘‘(vii) the amount returned to the As24 sociate Administrator during the period de25 scribed in subparagraph (E).’’. 


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1 SEC. 5. EXPANSION OF DEFINITION OF ELIGIBLE SMALL 

2 BUSINESS CONCERN; CHANGE TO SET ASIDE; 

3 CONFORMING CHANGES. 

4 (a) EXPANSION OF DEFINITION OF ELIGIBLE SMALL

5 BUSINESS CONCERN.— 

6 (1) IN GENERAL.—Section 22(l)(1)(A) of the 

7 Small Business Act (15 U.S.C. 649(l)(1)(A)) is 

8 amended— 

9 (A) in clause (iii)(II), by adding ‘‘and’’ at 

10 the end; 

11 (B) by striking clause (iv); and 

12 (C) by redesignating clause (v) as clause 

13 (iv). 

14 (2) LIMITATION ON USE OF FUNDS FOR PAR15 TICIPATION IN FOREIGN TRADE MISSIONS.—Section 

16 22(l)(2)(A) of the Small Business Act (15 U.S.C. 

17 649(l)(2)(A)) is amended by inserting ‘‘by eligible 

18 small business concerns that have been in operation 

19 for not less than 1 year’’ after ‘‘trade missions’’. 

20 (b) CHANGE TO DEFINITIONS AND FEDERAL SHARE

21 REQUIREMENTS.—Section 22(l) of the Small Business Act 

22 (15 U.S.C. 649(l)) is amended— 

23 (1) in paragraph (1)— 

24 (A) by redesignating subparagraphs (A) 

25 through (E) as subparagraphs (B) through (F), 

26 respectively; 


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1 (B) by inserting before subparagraph (B), 

2 as so redesignated, the following: 

3 ‘‘(A) the term ‘commonwealth’ means the 

4 Commonwealth of Puerto Rico and the Com5 monwealth of the Northern Mariana Islands;’’; 

6 (C) in subparagraph (E), as so redesig7 nated, by striking ‘‘and’’ at the end; 

8 (D) in subparagraph (F), as so redesig9 nated, by striking ‘‘States, the District’’ and all 

10 that follows and inserting ‘‘States and the Dis11 trict of Columbia; and’’; and 

12 (E) by adding at the end the following: 

13 ‘‘(G) the term ‘territory’ means the United 

14 States Virgin Islands, Guam, and American 

15 Samoa.’’; 

16 (2) in paragraph (2), in the matter preceding 

17 subparagraph (A), by inserting ‘‘, territories, and 

18 commonwealths’’ after ‘‘States’’; 

19 (3) in paragraph (3)— 

20 (A) by inserting ‘‘, territory, or common21 wealth’’ after ‘‘State’’ each place it appears, ex22 cept in— 

23 (i) subclause (II) of subparagraph 

24 (C)(iii), as added by section 4(b) of this 

25 Act; 


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•S 4414 RS

1 (ii) clause (iv) of subparagraph (D), 

2 as added by section 3(c) of this Act; 

3 (iii) subparagraph (G), as added by 

4 section 3(e) of this Act; and 

5 (iv) subparagraph (H), as added by 

6 section 3(g) of this Act; and 

7 (B) by inserting ‘‘, territories, or common8 wealths’’ after ‘‘States’’ each place it appears; 

9 (4) in paragraph (6), as so redesignated by sec10 tion 3(h) of this Act— 

11 (A) in subparagraph (A), by striking 

12 ‘‘and’’ at the end; 

13 (B) in subparagraph (B), by striking the 

14 period at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(C) for a territory or commonwealth, 100 

17 percent.’’; and 

18 (5) in paragraph (10), as so redesignated by 

19 section 3(h) of this Act— 

20 (A) by inserting ‘‘, territory, or common21 wealth’’ after ‘‘State’’ each place it appears, ex22 cept in subparagraph (C), as added by section 

23 3(f) of this Act; and 

24 (B) by inserting ‘‘, territories, or common25 wealths’’ after ‘‘States’’ each place it appears. 


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1 SEC. 6. SURVEY AND ANNUAL REPORT. 

2 (a) SURVEY.—Section 22(l) of the Small Business 

3 Act (15 U.S.C. 649(l)) is amended by inserting after para4 graph (8), as added by section 3(h) of this Act, the fol5 lowing: 

6 ‘‘(9) SURVEY.—The Associate Administrator 

7 shall conduct an annual survey of each State, terri8 tory, or commonwealth that received a grant under 

9 this subsection during the preceding year to solicit 

10 feedback on the program and develop best practices 

11 for grantees.’’. 

12 (b) REPORT.—Paragraph (10)(B) of section 22(l) of 

13 the Small Business Act (15 U.S.C. 649(l)), as so redesig14 nated by section 3(h) of this Act, is amended— 

15 (1) in clause (i)— 

16 (A) in subclause (III), by inserting ‘‘, in17 cluding the total number of eligible small busi18 ness concerns assisted by the program 

19 (disaggregated by small business concerns lo20 cated in a low-income or moderate-income com21 munity, small business concerns owned and con22 trolled by women, and rural small business con23 cerns)’’ before the semicolon at the end; 

24 (B) in subclause (IV), by striking ‘‘and’’ at 

25 the end; 

26 (C) in subclause (V)— 


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1 (i) by striking ‘‘description of best 

2 practices’’ and inserting ‘‘detailed descrip3 tion of best practices’’; and 

4 (ii) by striking the period at the end 

5 and inserting a semicolon; and 

6 (D) by adding at the end the following: 

7 ‘‘(VI) an analysis of the perform8 ance metrics described in clause (iii), 

9 including a determination of whether 

10 or not any goals relating to such per11 formance metrics were met, and an 

12 analysis of the survey described in 

13 paragraph (9); and 

14 ‘‘(VII) a description of lessons 

15 learned by grant recipients under this 

16 subsection that may apply to other as17 sistance provided by the Administra18 tion.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(iii) PERFORMANCE METRICS.—An21 nually, the Associate Administrator shall 

22 collect data on eligible small business con23 cerns assisted by the program for the fol24 lowing performance metrics: 


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1 ‘‘(I) Total number of such con2 cerns, disaggregated by eligible small 

3 business concerns that meet 1 or more 

4 of the following criteria: 

5 ‘‘(aa) Located in a low-in6 come or moderate-income area. 

7 ‘‘(bb) Located in a rural 

8 area. 

9 ‘‘(cc) Located in an 

10 HUBZone, as that term is de11 fined in section 31(b). 

12 ‘‘(dd) Located in a commu13 nity that has been designated as 

14 an empowerment zone or enter15 prise community under section 

16 1391 of the Internal Revenue 

17 Code of 1986. 

18 ‘‘(ee) Located in a commu19 nity that has been designated as 

20 a promise zone by the Secretary 

21 of Housing and Urban Develop22 ment. 

23 ‘‘(ff) Located in a commu24 nity that has been designated as 

25 a qualified opportunity zone 


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1 under section 1400Z–1 of the In2 ternal Revenue Code of 1986. 

3 ‘‘(gg) Being owned by 

4 women. 

5 ‘‘(II) Total dollar amount of ex6 port sales by eligible small business 

7 concerns assisted by the program. 

8 ‘‘(III) Number of such concerns 

9 that have not previously participated 

10 in an activity described in paragraph 

11 (2). 

12 ‘‘(IV) Number of such concerns 

13 that, because of participation in the 

14 program, have become a first-time ex15 porter. 

16 ‘‘(V) Number of such concerns 

17 that, because of participation in the 

18 program, have accessed a new market. 

19 ‘‘(VI) Number of such concerns 

20 that have begun exporting to each 

21 new market.’’. 

22 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

23 Paragraph (12) of section 22(l) of the Small Business 

24 Act (15 U.S.C. 649(l)), as so redesignated by section 3(h) 

25 of this Act, is amended by striking ‘‘fiscal years 2016 


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1 through 2020’’ and inserting ‘‘fiscal years 2025 through 

2 2029’’. 

3 SEC. 8. REPORT TO CONGRESS. 

4 Not later than 1 year after the date of enactment 

5 of this Act, the Associate Administrator for International 

6 Trade of the Small Business Administration shall submit 

7 to Congress a report on the State Trade Expansion Pro8 gram established under section 22(l) of the Small Busi9 ness Act (15 U.S.C. 649(l)), as amended by this Act, that 

10 includes a description of— 

11 (1) the process developed for review of revised 

12 budget plans submitted under subparagraph (G) of 

13 section 22(l)(3) of the Small Business Act (15 

14 U.S.C. 649(l)(3)), as added by section 3(e) of this 

15 Act; 

16 (2) any changes made to streamline the applica17 tion process under the State Trade Expansion Pro18 gram to remove duplicative requirements and create 

19 a more transparent process; 

20 (3) the process developed to share best prac21 tices by States, territories, and commonwealths de22 scribed in paragraph (10)(B)(i)(V) of section 22(l) 

23 of the Small Business Act (15 U.S.C. 649(l)), as so 

24 redesignated by section 3(h) of this Act, particularly 

25 for first-time grant recipients under the State Trade 


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1 Expansion Program or grant recipients that are fac2 ing problems using grant funds; and 

3 (4) the process developed to communicate, both 

4 verbally and in writing, relevant information about 

5 the State Trade Expansion Program to all grant re6 cipients in a timely manner. 

7 SEC. 9. SEVERABILITY. 

8 If any provision of this Act, an amendment made by 

9 this Act, or the application of such provision or amend10 ment to any person or circumstance is held to be unconsti11 tutional, the remainder of this Act and the amendments 

12 made by this Act, and the application of the provision or 

13 amendment to any other person or circumstance, shall not 

14 be affected. 


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Calendar No. 408 

118TH CONGRESS 

2D SESSION S. 4414 

A BILL 

To improve the State Trade Expansion Program of 

the Small Business Administration. 

MAY 23, 2024 

Read twice and placed on the calendar 


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