I 

115TH CONGRESS 

2D SESSION H. R. 5967 

To establish a single export promotion agency in the executive branch, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2018 

Ms. KUSTER of New Hampshire (for herself and Mrs. BUSTOS) introduced the 

following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To establish a single export promotion agency in the 

executive branch, and for other purposes. 

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 ‘‘Export Promotion 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Exporting goods and services is a critical 

9 part of the United States economy. A recent study 

10 by the International Trade Administration recently 


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1 found that 11.6 million jobs across the country are 

2 directly supported by exports. 

3 (2) Though United States exports have in4 creased by one-third since 2010 and contributed to 

5 roughly one-third of all domestic economic growth, 

6 increases in exports have failed to meet lofty goals 

7 established by the Administration. 

8 (3) An important part of helping small- and 

9 mid-size businesses begin to export or to access new 

10 markets is export assistance provided by the Federal 

11 Government. 

12 (4) Numerous resources for companies exist at 

13 Federal agencies, including in the Department of 

14 Commerce, the Department of Agriculture, the 

15 Small Business Administration, the Department of 

16 State, the Export-Import Bank of the United States, 

17 the Overseas Private Investment Corporation, and 

18 others. 

19 (5) These Federal agencies offer programs to 

20 provide technical and cultural assistance, low-cost fi21 nancing, and the development of future export mar22 kets overseas. 

23 (6) While these Federal agencies and the pro24 grams they operate provide important assistance to 

25 United States companies, there is significant overlap 


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1 among agencies that fails to maximize Federal re2 sources and creates confusion for businesses seeking 

3 to navigate the bureaucracy. 

4 (7) This confusion leads to less effective export 

5 promotion, wasted government resources, and an in6 ability to track the success of Federal efforts. 

7 (8) Specifically, the U.S. Government Account8 ability Office has found that enhanced collaboration 

9 among these efforts could improve Federal agency 

10 efforts, reduce overlap, and ease confusion for small 

11 businesses. 

12 (9) Intra-agency efforts have fallen short in 

13 providing greater cohesion and communication 

14 among Federal export programs. 

15 (10) The U.S. Government Accountability Of16 fice found significant shortcomings at the Trade 

17 Promotion Coordination Committee, including a lack 

18 of information about total export promotion re19 sources, ineffectiveness in tracking data and out20 comes, and a failure to coordinate export promotion 

21 resources with governmentwide policies. 

22 (11) Given the shortcoming of Federal export 

23 assistance, significant change is necessary to ensure 

24 the United States maintains its global economic 


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1 competitiveness while small businesses can grow 

2 their businesses and create more jobs. 

3 (12) By consolidating the functions of multiple 

4 Federal agencies, including the International Trade 

5 Administration, the Office of International Trade of 

6 the Small Business Administration, the Trade and 

7 Development Agency, the Export Credit Guarantee 

8 Program and Facilities Guarantee Program of the 

9 Department of Agriculture, and the Bureau of Eco10 nomic and Business Affairs of the Department of 

11 State, into the new Export Promotion Agency in the 

12 Department of Commerce, small- and mid-size busi13 nesses will be able to utilize a one-stop-shop for ex14 port assistance. 

15 (13) These reforms will reduce waste and over16 lap to maximize Federal resources, improve busi17 nesses’ access to information and assistance by cut18 ting bureaucracy, and allow the Department of Com19 merce to better track and report to Congress on the 

20 effectiveness of its export programs. 

21 (14) Additionally, including the Trade and De22 velopment Agency and the Bureau of Economic and 

23 Business Affairs of the Department of State as part 

24 of the new agency will strengthen their coordination 

25 with traditional export assistance to ensure that 


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1 United States companies are able to take advantage 

2 of new emerging markets overseas. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) AGENCY.—The term ‘‘Agency’’ means the 

6 Export Promotion Agency established under section 

7 4(a). 

8 (2) FUNCTIONS.—The term ‘‘functions’’ in9 cludes authorities, powers, rights, privileges, immu10 nities, programs, projects, activities, duties, and re11 sponsibilities. 

12 (3) PERSONNEL.—The term ‘‘personnel’’ means 

13 officers and employees. 

14 (4) UNDER SECRETARY.—The term ‘‘Under 

15 Secretary’’ means the Under Secretary of Commerce 

16 for Export Promotion appointed under section 4(b). 

17 SEC. 4. ESTABLISHMENT OF EXPORT PROMOTION AGEN18 CY. 

19 (a) IN GENERAL.—There is established in the De20 partment of Commerce an agency to be known as the ‘‘Ex21 port Promotion Agency’’. 

22 (b) UNDER SECRETARY.—The head of the Agency 

23 shall be the Under Secretary of Commerce for Export Pro24 motion, who shall be appointed by the President, by and 

25 with the advice and consent of the Senate. 


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1 (c) TRANSFERS OF FUNCTIONS.—In accordance with 

2 section 7 (relating to transition provisions), there are 

3 transferred to the Agency the functions of each of the fol4 lowing: 

5 (1) The International Trade Administration. 

6 (2) The Office of International Trade of the 

7 Small Business Administration. 

8 (3) The Trade and Development Agency. 

9 (4) The Export Credit Guarantee Program and 

10 the Facilities Guarantee Program of the Department 

11 of Agriculture. 

12 (5) The Bureau of Economic and Business Af13 fairs of the Department of State. 

14 (d) CHAIRPERSON OF TPCC.—Section 2312(d)(3) of 

15 the Export Enhancement Act of 1992 (15 U.S.C. 

16 4727(d)(3)) is amended by inserting ‘‘, acting through the 

17 Under Secretary of Commerce for Export Promotion,’’ 

18 after ‘‘Secretary of Commerce’’. 

19 (e) COMPENSATION.—Section 5314 of title 5, United 

20 States Code, is amended by striking ‘‘and Under Secretary 

21 of Commerce for Travel and Tourism’’ and inserting 

22 ‘‘Under Secretary of Commerce for Travel and Tourism, 

23 and Under Secretary of Commerce for Export Pro24 motion’’. 


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1 SEC. 5. ORGANIZATIONAL STRUCTURE AND PERFORMANCE 

2 METRICS. 

3 (a) IN GENERAL.—The Under Secretary shall de4 velop the following: 

5 (1) An organizational structure for the Agency 

6 that consolidates programs and eliminates duplica7 tive programs, where appropriate. 

8 (2) Metrics designed to measure performance 

9 on an annual basis with respect to the following: 

10 (A) The total exports from the United 

11 States, including exports assisted by the Agen12 cy. 

13 (B) The number of United States business 

14 concerns, including small- and medium-sized 

15 business concerns, exporting, including exports 

16 assisted by the Agency. 

17 (C) The number and presence of United 

18 States business concerns in key foreign mar19 kets. 

20 (b) REPORT.—Not later than 12 months after the 

21 date on which the first Under Secretary takes office, the 

22 Under Secretary shall submit to Congress a report that 

23 contains matters required under subsection (a). 


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1 SEC. 6. ANNUAL REPORTS TO CONGRESS. 

2 The Under Secretary shall submit to Congress an an3 nual report on the operations of the Agency, including the 

4 following: 

5 (1) The effectiveness of its organizational struc6 ture and any changes made to that structure devel7 oped under section 5(a)(1). 

8 (2) The data the Agency has received from ap9 plying the metrics developed under section 5(a)(2). 

10 SEC. 7. TRANSITION PROVISIONS. 

11 (a) ACTING OFFICIALS.— 

12 (1) IN GENERAL.—During the transition pe13 riod, pending the advice and consent of the Senate 

14 to the appointment of an officer required by this Act 

15 to be appointed by and with such advice and con16 sent, the President may designate any officer whose 

17 appointment was required to be made by and with 

18 such advice and consent and who was such an officer 

19 immediately before the effective date of this Act 

20 (and who continues in office) or immediately before 

21 such designation, to act in such office until the same 

22 is filled as provided in this Act. While so acting, 

23 such officers shall receive compensation at the high24 er of— 

25 (A) the rates provided by this Act for the 

26 respective offices in which they act; or 


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1 (B) the rates provided for the offices held 

2 at the time of designation. 

3 (2) RULE OF CONSTRUCTION.—Nothing in this 

4 Act shall be understood to require the advice and 

5 consent of the Senate to the appointment by the 

6 President to a position in the Agency of any officer 

7 whose entity or program the functions of which are 

8 transferred to the Agency under section 4(c) and 

9 whose duties following such transfer are germane to 

10 those performed before such transfer. 

11 (b) TRANSFER OF PERSONNEL, ASSETS, OBLIGA12 TIONS, AND FUNCTIONS.— 

13 (1) IN GENERAL.—Upon transfer of the func14 tions of an entity or program to the Agency under 

15 section 4(c)— 

16 (A) the personnel, assets, and obligations 

17 held by or available in connection with such 

18 functions shall be transferred to the Under Sec19 retary for appropriate allocation, subject to the 

20 approval of the Director of the Office of Man21 agement and Budget and in accordance with 

22 the provisions of section 1531(a)(2) of title 31, 

23 United States Code; and 

24 (B) the Under Secretary shall have all 

25 functions relating to the entity or program that 


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1 any other official could by law exercise in rela2 tion to the entity or program immediately be3 fore such transfer, and shall have in addition all 

4 functions vested in the Under Secretary by this 

5 Act or other law. 

6 (2) INCIDENTAL TRANSFERS.— 

7 (A) AUTHORIZATION OF DIRECTOR OF OF8 FICE OF MANAGEMENT AND BUDGET; TERMI9 NATION OF AFFAIRS.—The Director of the Of10 fice of Management and Budget, at such time 

11 or times as the Director shall provide, is au12 thorized and directed to make such determina13 tions as may be necessary with regard to the 

14 functions, entities or programs, or portions 

15 thereof transferred by this Act, and to make 

16 such additional incidental dispositions of per17 sonnel, assets, liabilities, grants, contracts, 

18 property, records, and unexpended balances of 

19 appropriations, authorizations, allocations, and 

20 other funds held, used, arising from, available 

21 to, or to be made available in connection with 

22 such functions, entities or programs, or por23 tions thereof, as may be necessary to carry out 

24 the provisions of this Act. The Director shall 

25 provide for the termination of the affairs of all 


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1 entities and programs terminated by this Act 

2 and for such further measures and dispositions 

3 as may be necessary to effectuate the purposes 

4 of this Act. 

5 (B) TRANSFER OF POSITIONS WITHIN SEN6 IOR EXECUTIVE SERVICE.—After consultation 

7 with the Director of the Office of Personnel 

8 Management, the Director of the Office of Man9 agement and Budget is authorized, at such time 

10 as the Director of the Office of Management 

11 and Budget provides, to make such determina12 tions as may be necessary with regard to the 

13 transfer of positions within the Senior Execu14 tive Service in connection with functions and 

15 entities and programs transferred by this Act. 

16 (c) SAVINGS PROVISIONS.— 

17 (1) COMPLETED ADMINISTRATIVE ACTIONS.— 

18 (A) IN GENERAL.—Completed administra19 tive actions of an entity or program shall not be 

20 affected by the enactment of this Act or the 

21 transfer of the functions of such entity or pro22 gram to the Agency under section 4(c), but 

23 shall continue in effect according to their terms 

24 until amended, modified, superseded, termi25 nated, set aside, or revoked in accordance with 


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1 law by an officer of the United States or a 

2 court of competent jurisdiction, or by operation 

3 of law. 

4 (B) DEFINITION.—For purposes of sub5 paragraph (A), the term ‘‘completed adminis6 trative action’’ includes orders, determinations, 

7 rules, regulations, personnel actions, permits, 

8 agreements, grants, contracts, certificates, li9 censes, registrations, and privileges. 

10 (2) PENDING CIVIL ACTIONS.—Subject to the 

11 authority of the Under Secretary under this Act, 

12 pending civil actions shall continue notwithstanding 

13 the enactment of this Act or the transfer of the 

14 functions of an entity or program to the Agency 

15 under section 4(c), and in such civil actions, pro16 ceedings shall be had, appeals taken, and judgments 

17 rendered and enforced in the same manner and with 

18 the same effect as if such enactment or transfer had 

19 not occurred. 

20 (3) PROCEEDING NOT AFFECTED.— 

21 (A) IN GENERAL.—The provisions of this 

22 Act shall not affect any proceedings, including 

23 notices of proposed rulemaking, or any applica24 tion for any license, permit, certificate, or fi25 nancial assistance pending on the effective date 


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1 of this Act before any entity or program with 

2 respect to functions transferred by this Act, but 

3 such proceedings or applications, to the extent 

4 that they relate to functions transferred, shall 

5 be continued. Orders shall be issued in such 

6 proceedings, appeals shall be taken therefrom, 

7 and payments shall be made under such orders, 

8 as if this Act had not been enacted, and orders 

9 issued in any such proceedings shall continue in 

10 effect until modified, terminated, superseded, or 

11 revoked by the head of the Federal agency to 

12 which such functions are transferred by this 

13 Act, by a court of competent jurisdiction, or by 

14 operation of law. Nothing in this subparagraph 

15 prohibits the discontinuance or modification of 

16 any such proceeding under the same terms and 

17 conditions and to the same extent that such 

18 proceeding could have been discontinued or 

19 modified if this Act had not been enacted. 

20 (B) REGULATIONS.—The Under Secretary 

21 is authorized to issue regulations providing for 

22 the orderly transfer of proceedings continued 

23 under subparagraph (A). 


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1 (d) TERMINATION OF ENTITIES AND PROGRAMS.— 

2 On the effective date of this Act, the following entities and 

3 programs shall terminate: 

4 (1) The International Trade Administration. 

5 (2) The Office of International Trade of the 

6 Small Business Administration. 

7 (3) The Trade Development Agency. 

8 (4) The Export Credit Guarantee Program and 

9 the Facilities Guarantee Program of the Department 

10 of Agriculture. 

11 (5) The Bureau of Economic and Business Af12 fairs of the Department of State. 

13 SEC. 8. REFERENCES. 

14 With respect to any function of an entity or program 

15 transferred to the Agency under section 4(c) to, and exer16 cised on or after the effective date specified in section 9 

17 by, the Under Secretary, any reference in any other Fed18 eral law, Executive order, rule, regulation, or delegation 

19 of authority, or any document of or pertaining to an entity 

20 or program of government from which such function is 

21 transferred— 

22 (1) to the head of such entity or program is 

23 deemed to refer to the Under Secretary of Com24 merce for Export Promotion; or 


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1 (2) to such entity or program is deemed to refer 

2 to the Export Promotion Agency. 

3 SEC. 9. EFFECTIVE DATE. 

4 This Act takes effect on the date that is 1 year after 

5 the date of the enactment of this Act. 

Æ 


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