Title: Export Promotion Act
Policy area: Foreign Trade and International Finance

Summary:
Export Promotion Act
This bill establishes the Export Promotion Agency in the Department of Commerce. The bill designates the functions, responsibilities, organizational structure, and reporting requirements of the agency. The bill terminates the following entities and programs and transfers their functions to the agency: 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 the Facilities Guarantee Program of the Department of Agriculture, and the Bureau of Economic and Business Affairs of the Department of State.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5967 Introduced in House (IH)]

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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.

    Be it enacted by the Senate and House of Representatives 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 found that 11.6 million jobs 
        across the country are directly supported by exports.
            (2) Though United States exports have increased 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 financing, and the 
        development of future export markets overseas.
            (6) While these Federal agencies and the programs they 
        operate provide important assistance to United States 
        companies, there is significant overlap among agencies that 
        fails to maximize Federal resources and creates confusion for 
        businesses seeking to navigate the bureaucracy.
            (7) This confusion leads to less effective export 
        promotion, wasted government resources, and an inability to 
        track the success of Federal efforts.
            (8) Specifically, the U.S. Government Accountability 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 Office found 
        significant shortcomings at the Trade Promotion Coordination 
        Committee, including a lack of information about total export 
        promotion resources, ineffectiveness in tracking data and 
        outcomes, 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 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 Economic and 
        Business Affairs of the Department of State, into the new 
        Export Promotion Agency in the Department of Commerce, small- 
        and mid-size businesses will be able to utilize a one-stop-shop 
        for export assistance.
            (13) These reforms will reduce waste and overlap to 
        maximize Federal resources, improve businesses' access to 
        information and assistance by cutting bureaucracy, and allow 
        the Department of Commerce to better track and report to 
        Congress on the effectiveness of its export programs.
            (14) Additionally, including the Trade and Development 
        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 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'' includes 
        authorities, powers, rights, privileges, immunities, programs, 
        projects, activities, duties, and responsibilities.
            (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 AGENCY.

    (a) In General.--There is established in the Department of Commerce 
an agency to be known as the ``Export Promotion Agency''.
    (b) Under Secretary.--The head of the Agency shall be the Under 
Secretary of Commerce for Export Promotion, who shall be appointed by 
the President, by and with the advice and consent of the Senate.
    (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 following:
            (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 Affairs 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 Promotion''.

SEC. 5. ORGANIZATIONAL STRUCTURE AND PERFORMANCE METRICS.

    (a) In General.--The Under Secretary shall develop the following:
            (1) An organizational structure for the Agency that 
        consolidates programs and eliminates duplicative 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 Agency.
                    (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 markets.
    (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).

SEC. 6. ANNUAL REPORTS TO CONGRESS.

    The Under Secretary shall submit to Congress an annual report on 
the operations of the Agency, including the following:
            (1) The effectiveness of its organizational structure and 
        any changes made to that structure developed under section 
        5(a)(1).
            (2) The data the Agency has received from applying the 
        metrics developed under section 5(a)(2).

SEC. 7. TRANSITION PROVISIONS.

    (a) Acting Officials.--
            (1) In general.--During the transition period, 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 consent, 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 
        higher of--
                    (A) the rates provided by this Act for the 
                respective offices in which they act; or
                    (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, Obligations, and Functions.--
            (1) In general.--Upon transfer of the functions 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 Secretary for appropriate 
                allocation, subject to the approval of the Director of 
                the Office of Management 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 any other 
                official could by law exercise in relation to the 
                entity or program immediately before 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 office of 
                management and budget; termination of affairs.--The 
                Director of the Office of Management and Budget, at 
                such time or times as the Director shall provide, is 
                authorized and directed to make such determinations 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 personnel, 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 portions 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 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 senior executive 
                service.--After consultation with the Director of the 
                Office of Personnel Management, the Director of the 
                Office of Management and Budget is authorized, at such 
                time as the Director of the Office of Management and 
                Budget provides, to make such determinations as may be 
                necessary with regard to the transfer of positions 
                within the Senior Executive Service in connection with 
                functions and entities and programs transferred by this 
                Act.
    (c) Savings Provisions.--
            (1) Completed administrative actions.--
                    (A) In general.--Completed administrative 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 program to the Agency under section 
                4(c), but shall continue in effect according to their 
                terms until amended, modified, superseded, terminated, 
                set aside, or revoked in accordance with law by an 
                officer of the United States or a court of competent 
                jurisdiction, or by operation of law.
                    (B) Definition.--For purposes of subparagraph (A), 
                the term ``completed administrative action'' includes 
                orders, determinations, rules, regulations, personnel 
                actions, permits, agreements, grants, contracts, 
                certificates, licenses, 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, proceedings 
        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 application for any 
                license, permit, certificate, or financial assistance 
                pending on the effective date 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).
    (d) Termination of Entities and Programs.--On the effective date of 
this Act, the following entities and programs shall terminate:
            (1) The International Trade Administration.
            (2) The Office of International Trade of the Small Business 
        Administration.
            (3) The Trade 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 Affairs of the 
        Department of State.

SEC. 8. REFERENCES.

    With respect to any function of an entity or program transferred to 
the Agency under section 4(c) to, and exercised on or after the 
effective date specified in section 9 by, the Under Secretary, any 
reference in any other Federal law, Executive order, rule, regulation, 
or delegation of authority, or any document of or pertaining to an 
entity or program of government from which such function is 
transferred--
            (1) to the head of such entity or program is deemed to 
        refer to the Under Secretary of Commerce for Export Promotion; 
        or
            (2) to such entity or program is deemed to refer to the 
        Export Promotion Agency.

SEC. 9. EFFECTIVE DATE.

    This Act takes effect on the date that is 1 year after the date of 
the enactment of this Act.
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