I 
114TH CONGRESS 
2D SESSION 
H. R. 6106 
To establish a single export promotion agency in the executive branch, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 21, 2016 
Ms. KUSTER (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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Export Promotion 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Exporting goods and services is a critical 
part of the United States economy. A recent study 
by the International Trade Administration recently 
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found that 11.6 million jobs across the country are 
directly supported by exports. 
(2) Though United States exports have in-
creased by one-third since 2010 and contributed to 
roughly one-third of all domestic economic growth, 
increases in exports have failed to meet lofty goals 
established by the Administration. 
(3) An important part of helping small- and 
mid-size businesses begin to export or to access new 
markets is export assistance provided by the Federal 
Government. 
(4) Numerous resources for companies exist at 
Federal agencies, including in the Department of 
Commerce, the Department of Agriculture, the 
Small Business Administration, the Department of 
State, the Export-Import Bank of the United States, 
the Overseas Private Investment Corporation, and 
others. 
(5) These Federal agencies offer programs to 
provide technical and cultural assistance, low-cost fi-
nancing, and the development of future export mar-
kets overseas. 
(6) While these Federal agencies and the pro-
grams they operate provide important assistance to 
United States companies, there is significant overlap 
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among agencies that fails to maximize Federal re-
sources and creates confusion for businesses seeking 
to navigate the bureaucracy. 
(7) This confusion leads to less effective export 
promotion, wasted government resources, and an in-
ability to track the success of Federal efforts. 
(8) Specifically, the U.S. Government Account-
ability Office has found that enhanced collaboration 
among these efforts could improve Federal agency 
efforts, reduce overlap, and ease confusion for small 
businesses. 
(9) Intra-agency efforts have fallen short in 
providing greater cohesion and communication 
among Federal export programs. 
(10) The U.S. Government Accountability Of-
fice found significant shortcomings at the Trade 
Promotion Coordination Committee, including a lack 
of information about total export promotion re-
sources, ineffectiveness in tracking data and out-
comes, and a failure to coordinate export promotion 
resources with governmentwide policies. 
(11) Given the shortcoming of Federal export 
assistance, significant change is necessary to ensure 
the United States maintains its global economic 
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competitiveness while small businesses can grow 
their businesses and create more jobs. 
(12) By consolidating the functions of multiple 
Federal agencies, including the International Trade 
Administration, the Office of International Trade of 
the Small Business Administration, the Trade and 
Development Agency, the Export Credit Guarantee 
Program and Facilities Guarantee Program of the 
Department of Agriculture, and the Bureau of Eco-
nomic and Business Affairs of the Department of 
State, into the new Export Promotion Agency in the 
Department of Commerce, small- and mid-size busi-
nesses will be able to utilize a one-stop-shop for ex-
port assistance. 
(13) These reforms will reduce waste and over-
lap to maximize Federal resources, improve busi-
nesses’ access to information and assistance by cut-
ting bureaucracy, and allow the Department of Com-
merce to better track and report to Congress on the 
effectiveness of its export programs. 
(14) Additionally, including the Trade and De-
velopment Agency and the Bureau of Economic and 
Business Affairs of the Department of State as part 
of the new agency will strengthen their coordination 
with traditional export assistance to ensure that 
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United States companies are able to take advantage 
of new emerging markets overseas. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘Agency’’ means the 
Export Promotion Agency established under section 
4(a). 
(2) FUNCTIONS.—The term ‘‘functions’’ in-
cludes authorities, powers, rights, privileges, immu-
nities, programs, projects, activities, duties, and re-
sponsibilities. 
(3) PERSONNEL.—The term ‘‘personnel’’ means 
officers and employees. 
(4) UNDER
SECRETARY.—The term ‘‘Under 
Secretary’’ means the Under Secretary of Commerce 
for Export Promotion appointed under section 4(b). 
SEC. 4. 
ESTABLISHMENT OF EXPORT PROMOTION AGEN-
CY. 
(a) IN GENERAL.—There is established in the De-
partment of Commerce an agency to be known as the ‘‘Ex-
port Promotion Agency’’. 
(b) UNDER SECRETARY.—The head of the Agency 
shall be the Under Secretary of Commerce for Export Pro-
motion, who shall be appointed by the President, by and 
with the advice and consent of the Senate. 
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(c) TRANSFERS OF FUNCTIONS.—In accordance with 
section 7 (relating to transition provisions), there are 
transferred to the Agency the functions of each of the fol-
lowing: 
(1) The International Trade Administration. 
(2) The Office of International Trade of the 
Small Business Administration. 
(3) The Trade and Development Agency. 
(4) The Export Credit Guarantee Program and 
the Facilities Guarantee Program of the Department 
of Agriculture. 
(5) The Bureau of Economic and Business Af-
fairs of the Department of State. 
(d) CHAIRPERSON OF TPCC.—Section 2312(d)(3) of 
the Export Enhancement Act of 1992 (15 U.S.C. 
4727(d)(3)) is amended by inserting ‘‘, acting through the 
Under Secretary of Commerce for Export Promotion,’’ 
after ‘‘Secretary of Commerce’’. 
(e) COMPENSATION.—Section 5314 of title 5, United 
States Code, is amended by striking ‘‘and Under Secretary 
of Commerce for Travel and Tourism’’ and inserting 
‘‘Under Secretary of Commerce for Travel and Tourism, 
and Under Secretary of Commerce for Export Pro-
motion’’. 
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SEC. 5. ORGANIZATIONAL STRUCTURE AND PERFORMANCE 
METRICS. 
(a) IN GENERAL.—The Under Secretary shall de-
velop the following: 
(1) An organizational structure for the Agency 
that consolidates programs and eliminates duplica-
tive programs, where appropriate. 
(2) Metrics designed to measure performance 
on an annual basis with respect to the following: 
(A) The total exports from the United 
States, including exports assisted by the Agen-
cy. 
(B) The number of United States business 
concerns, including small- and medium-sized 
business concerns, exporting, including exports 
assisted by the Agency. 
(C) The number and presence of United 
States business concerns in key foreign mar-
kets. 
(b) REPORT.—Not later than 12 months after the 
date on which the first Under Secretary takes office, the 
Under Secretary shall submit to Congress a report that 
contains matters required under subsection (a). 
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SEC. 6. ANNUAL REPORTS TO CONGRESS. 
The Under Secretary shall submit to Congress an an-
nual report on the operations of the Agency, including the 
following: 
(1) The effectiveness of its organizational struc-
ture and any changes made to that structure devel-
oped under section 5(a)(1). 
(2) The data the Agency has received from ap-
plying the metrics developed under section 5(a)(2). 
SEC. 7. TRANSITION PROVISIONS. 
(a) ACTING OFFICIALS.— 
(1) IN
GENERAL.—During the transition pe-
riod, pending the advice and consent of the Senate 
to the appointment of an officer required by this Act 
to be appointed by and with such advice and con-
sent, the President may designate any officer whose 
appointment was required to be made by and with 
such advice and consent and who was such an officer 
immediately before the effective date of this Act 
(and who continues in office) or immediately before 
such designation, to act in such office until the same 
is filled as provided in this Act. While so acting, 
such officers shall receive compensation at the high-
er of— 
(A) the rates provided by this Act for the 
respective offices in which they act; or 
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(B) the rates provided for the offices held 
at the time of designation. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
Act shall be understood to require the advice and 
consent of the Senate to the appointment by the 
President to a position in the Agency of any officer 
whose entity or program the functions of which are 
transferred to the Agency under section 4(c) and 
whose duties following such transfer are germane to 
those performed before such transfer. 
(b) TRANSFER OF PERSONNEL, ASSETS, OBLIGA-
TIONS, AND FUNCTIONS.— 
(1) IN GENERAL.—Upon transfer of the func-
tions of an entity or program to the Agency under 
section 4(c)— 
(A) the personnel, assets, and obligations 
held by or available in connection with such 
functions shall be transferred to the Under Sec-
retary for appropriate allocation, subject to the 
approval of the Director of the Office of Man-
agement and Budget and in accordance with 
the provisions of section 1531(a)(2) of title 31, 
United States Code; and 
(B) the Under Secretary shall have all 
functions relating to the entity or program that 
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any other official could by law exercise in rela-
tion to the entity or program immediately be-
fore such transfer, and shall have in addition all 
functions vested in the Under Secretary by this 
Act or other law. 
(2) INCIDENTAL TRANSFERS.— 
(A) AUTHORIZATION OF DIRECTOR OF OF-
FICE OF MANAGEMENT AND BUDGET; TERMI-
NATION OF AFFAIRS.—The Director of the Of-
fice of Management and Budget, at such time 
or times as the Director shall provide, is au-
thorized and directed to make such determina-
tions as may be necessary with regard to the 
functions, entities or programs, or portions 
thereof transferred by this Act, and to make 
such additional incidental dispositions of per-
sonnel, assets, liabilities, grants, contracts, 
property, records, and unexpended balances of 
appropriations, authorizations, allocations, and 
other funds held, used, arising from, available 
to, or to be made available in connection with 
such functions, entities or programs, or por-
tions thereof, as may be necessary to carry out 
the provisions of this Act. The Director shall 
provide for the termination of the affairs of all 
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entities and programs terminated by this Act 
and for such further measures and dispositions 
as may be necessary to effectuate the purposes 
of this Act. 
(B) TRANSFER OF POSITIONS WITHIN SEN-
IOR
EXECUTIVE
SERVICE.—After consultation 
with the Director of the Office of Personnel 
Management, the Director of the Office of Man-
agement and Budget is authorized, at such time 
as the Director of the Office of Management 
and Budget provides, to make such determina-
tions as may be necessary with regard to the 
transfer of positions within the Senior Execu-
tive Service in connection with functions and 
entities and programs transferred by this Act. 
(c) SAVINGS PROVISIONS.— 
(1) COMPLETED ADMINISTRATIVE ACTIONS.— 
(A) IN GENERAL.—Completed administra-
tive actions of an entity or program shall not be 
affected by the enactment of this Act or the 
transfer of the functions of such entity or pro-
gram to the Agency under section 4(c), but 
shall continue in effect according to their terms 
until amended, modified, superseded, termi-
nated, set aside, or revoked in accordance with 
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law by an officer of the United States or a 
court of competent jurisdiction, or by operation 
of law. 
(B) DEFINITION.—For purposes of sub-
paragraph (A), the term ‘‘completed adminis-
trative action’’ includes orders, determinations, 
rules, regulations, personnel actions, permits, 
agreements, grants, contracts, certificates, li-
censes, registrations, and privileges. 
(2) PENDING CIVIL ACTIONS.—Subject to the 
authority of the Under Secretary under this Act, 
pending civil actions shall continue notwithstanding 
the enactment of this Act or the transfer of the 
functions of an entity or program to the Agency 
under section 4(c), and in such civil actions, pro-
ceedings shall be had, appeals taken, and judgments 
rendered and enforced in the same manner and with 
the same effect as if such enactment or transfer had 
not occurred. 
(3) PROCEEDING NOT AFFECTED.— 
(A) IN GENERAL.—The provisions of this 
Act shall not affect any proceedings, including 
notices of proposed rulemaking, or any applica-
tion for any license, permit, certificate, or fi-
nancial assistance pending on the effective date 
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of this Act before any entity or program with 
respect to functions transferred by this Act, but 
such proceedings or applications, to the extent 
that they relate to functions transferred, shall 
be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, 
and payments shall be made under such orders, 
as if this Act had not been enacted, and orders 
issued in any such proceedings shall continue in 
effect until modified, terminated, superseded, or 
revoked by the head of the Federal agency to 
which such functions are transferred by this 
Act, by a court of competent jurisdiction, or by 
operation of law. Nothing in this subparagraph 
prohibits the discontinuance or modification of 
any such proceeding under the same terms and 
conditions and to the same extent that such 
proceeding could have been discontinued or 
modified if this Act had not been enacted. 
(B) REGULATIONS.—The Under Secretary 
is authorized to issue regulations providing for 
the orderly transfer of proceedings continued 
under subparagraph (A). 
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