,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #eifg ,,in ,,the ,,house ,,of ,,representatives ,may #bd1 #bjah,ms4 ,kuster of ,new ,hampshire 7for herself and ,mrs4 ,bustos7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs ,a ,,bill ,to establish a single export promotion agency in the executive branch1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,export ,promotion ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,exporting goods and services is a critical part of the ,united ,states economy4 ,a recent study by the ,international ,trade ,administration recently found that #aa4f million jobs across the country are directly supported by exports4 7#b7 ,though ,united ,states exports have increased by one-third since #bjaj and contributed to roughly one-third of all domestic economic growth1 increases in exports have failed to meet lofty goals established by the ,administration4 7#c7 ,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 ,government4 7#d7 ,numerous resources for companies exist at ,federal agencies1 including in the ,department of ,commerce1 the ,department of ,agriculture1 the ,small ,business ,administration1 the ,department of ,state1 the ,export-,import ,bank of the ,united ,states1 the ,overseas ,private ,investment ,corporation1 and others4 7#e7 ,these ,federal agencies offer programs to provide technical and cultural assistance1 low-cost financing1 and the development of future export markets overseas4 7#f7 ,while these ,federal agencies and the programs they operate provide important assistance to ,united ,states companies1 there is significant overlap among agencies that fails to maximize ,federal resources and creates confusion for businesses seeking to navigate the bureaucracy4 7#g7 ,this confusion leads to less effective export promotion1 wasted government resources1 and an inability to track the success of ,federal efforts4 7#h7 ,specifically1 the ,u4,s4 ,government ,accountability ,office has found that enhanced collaboration among these efforts could improve ,federal agency efforts1 reduce overlap1 and ease confusion for small businesses4 7#i7 ,intra-agency efforts have fallen short in providing greater cohesion and communication among ,federal export programs4 7#aj7 ,the ,u4,s4 ,government ,accountability ,office found significant shortcomings at the ,trade ,promotion ,coordination ,committee1 including a lack of information about total export promotion resources1 ineffectiveness in tracking data and outcomes1 and a failure to coordinate export promotion resources with governmentwide policies4 7#aa7 ,given the shortcoming of ,federal export assistance1 significant change is necessary to ensure the ,united ,states maintains its global economic competitiveness while small businesses can grow their businesses and create more jobs4 7#ab7 ,by consolidating the functions of multiple ,federal agencies1 including the ,international ,trade ,administration1 the ,office of ,international ,trade of the ,small ,business ,administration1 the ,trade and ,development ,agency1 the ,export ,credit ,guarantee ,program and ,facilities ,guarantee ,program of the ,department of ,agriculture1 and the ,bureau of ,economic and ,business ,affairs of the ,department of ,state1 into the new ,export ,promotion ,agency in the ,department of ,commerce1 small- and mid-size businesses will be able to utilize a one-stop-shop for export assistance4 7#ac7 ,these reforms will reduce waste and overlap to maximize ,federal resources1 improve businesses' access to information and assistance by cutting bureaucracy1 and allow the ,department of ,commerce to better track and report to ,congress on the effectiveness of its export programs4 7#ad7 ,additionally1 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 overseas4 #c4 ,definitions ,in this ,act3 7#a7 ,agency ,the term ,agency means the ,export ,promotion ,agency established under section #d7;a74 7#b7 ,functions ,the term functions includes authorities1 powers1 rights1 privileges1 immunities1 programs1 projects1 activities1 duties1 and responsibilities4 7#c7 ,personnel ,the term personnel means officers and employees4 7#d7 ,under ,secretary ,the term ,under ,secretary means the ,under ,secretary of ,commerce for ,export ,promotion appointed under section #d7;b74 #d4 ,establishment of ,export ,promotion ,agency 7a7 ,in general ,there is established in the ,department of ,commerce an agency to be known as the ,export ,promotion ,agency4 7b7 ,under ,secretary ,the head of the ,agency shall be the ,under ,secretary of ,commerce for ,export ,promotion1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7c7 ,transfers of functions ,in accordance with section #g 7relating to transition provisions71 there are transferred to the ,agency the functions of each of the following3 7#a7 ,the ,international ,trade ,administration4 7#b7 ,the ,office of ,international ,trade of the ,small ,business ,administration4 7#c7 ,the ,trade and ,development ,agency4 7#d7 ,the ,export ,credit ,guarantee ,program and the ,facilities ,guarantee ,program of the ,department of ,agriculture4 7#e7 ,the ,bureau of ,economic and ,business ,affairs of the ,department of ,state4 7d7 ,chairperson of ,,tpcc ,section #bcab7;d77#c7 of the ,export ,enhancement ,act of #aiib 7#ae ,u4,s4,c4 #dgbg7;d77#c77 is amended by inserting 1 acting through the ,under ,secretary of ,commerce for ,export ,promotion1 after ,secretary of ,commerce4 7e7 ,compensation ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking and ,under ,secretary of ,commerce for ,travel and ,tourism and inserting ,under ,secretary of ,commerce for ,travel and ,tourism1 and ,under ,secretary of ,commerce for ,export ,promotion4 #e4 ,organizational structure and performance metrics 7a7 ,in general ,the ,under ,secretary shall develop the following3 7#a7 ,an organizational structure for the ,agency that consolidates programs and eliminates duplicative programs1 where appropriate4 7#b7 ,metrics designed to measure performance on an annual basis with respect to the following3 7,a7 ,the total exports from the ,united ,states1 including exports assisted by the ,agency4 7,b7 ,the number of ,united ,states business concerns1 including small- and medium-sized business concerns1 exporting1 including exports assisted by the ,agency4 7,c7 ,the number and presence of ,united ,states business concerns in key foreign markets4 7b7 ,report ,not later than #ab months after the date on which the first ,under ,secretary takes office1 the ,under ,secretary shall submit to ,congress a report that contains matters required under subsection 7a74 #f4 ,annual reports to ,congress ,the ,under ,secretary shall submit to ,congress an annual report on the operations of the ,agency1 including the following3 7#a7 ,the effectiveness of its organizational structure and any changes made to that structure developed under section #e7;a77#a74 7#b7 ,the data the ,agency has received from applying the metrics developed under section #e7;a77#b74 #g4 ,transition provisions 7a7 ,acting officials 7#a7 ,in general ,during the transition period1 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 consent1 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 7and who continues in office7 or immediately before such designation1 to act in such office until the same is filled as provided in this ,act4 ,while so acting1 such officers shall receive compensation at the higher of-- 7,a7 the rates provided by this ,act for the respective offices in which they act2 or 7,b7 the rates provided for the offices held at the time of designation4 7#b7 ,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 #d7;c7 and whose duties following such transfer are germane to those performed before such transfer4 7b7 ,transfer of personnel1 assets1 obligations1 and functions 7#a7 ,in general ,upon transfer of the functions of an entity or program to the ,agency under section #d7;c7-- 7,a7 the personnel1 assets1 and obligations held by or available in connection with such functions shall be transferred to the ,under ,secretary for appropriate allocation1 subject to the approval of the ,director of the ,office of ,management and ,budget and in accordance with the provisions of section #aeca7;a77#b7 of title #ca1 ,united ,states ,code2 and 7,b7 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 transfer1 and shall have in addition all functions vested in the ,under ,secretary by this ,act or other law4 7#b7 ,incidental transfers 7,a7 ,authorization of ,director of ,office of ,management and ,budget2 termination of affairs ,the ,director of the ,office of ,management and ,budget1 at such time or times as the ,director shall provide1 is authorized and directed to make such determinations as may be necessary with regard to the functions1 entities or programs1 or portions thereof transferred by this ,act1 and to make such additional incidental dispositions of personnel1 assets1 liabilities1 grants1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds held1 used1 arising from1 available to1 or to be made available in connection with such functions1 entities or programs1 or portions thereof1 as may be necessary to carry out the provisions of this ,act4 ,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 ,act4 7,b7 ,transfer of positions within ,senior ,executive ,service ,after consultation with the ,director of the ,office of ,personnel ,management1 the ,director of the ,office of ,management and ,budget is authorized1 at such time as the ,director of the ,office of ,management and ,budget provides1 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 ,act4 7c7 ,savings provisions 7#a7 ,completed administrative actions 7,a7 ,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 #d7;c71 but shall continue in effect according to their terms until amended1 modified1 superseded1 terminated1 set aside1 or revoked in accordance with law by an officer of the ,united ,states or a court of competent jurisdiction1 or by operation of law4 7,b7 ,definition ,for purposes of subparagraph 7,a71 the term completed administrative action includes orders1 determinations1 rules1 regulations1 personnel actions1 permits1 agreements1 grants1 contracts1 certificates1 licenses1 registrations1 and privileges4 7#b7 ,pending civil actions ,subject to the authority of the ,under ,secretary under this ,act1 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 #d7;c71 and in such civil actions1 proceedings shall be had1 appeals taken1 and judgments rendered and enforced in the same manner and with the same effect as if such enactment or transfer had not occurred4 7#c7 ,proceeding not affected 7,a7 ,in general ,the provisions of this ,act shall not affect any proceedings1 including notices of proposed rulemaking1 or any application for any license1 permit1 certificate1 or financial assistance pending on the effective date of this ,act before any entity or program with respect to functions transferred by this ,act1 but such proceedings or applications1 to the extent that they relate to functions transferred1 shall be continued4 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made under such orders1 as if this ,act had not been enacted1 and orders issued in any such proceedings shall continue in effect until modified1 terminated1 superseded1 or revoked by the head of the ,federal agency to which such functions are transferred by this ,act1 by a court of competent jurisdiction1 or by operation of law4 ,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 enacted4 7,b7 ,regulations ,the ,under ,secretary is authorized to issue regulations providing for the orderly transfer of proceedings continued under subparagraph 7,a74 7d7 ,termination of entities and programs ,on the effective date of this ,act1 the following entities and programs shall terminate3 7#a7 ,the ,international ,trade ,administration4 7#b7 ,the ,office of ,international ,trade of the ,small ,business ,administration4 7#c7 ,the ,trade ,development ,agency4 7#d7 ,the ,export ,credit ,guarantee ,program and the ,facilities ,guarantee ,program of the ,department of ,agriculture4 7#e7 ,the ,bureau of ,economic and ,business ,affairs of the ,department of ,state4 #h4 ,references ,with respect to any function of an entity or program transferred to the ,agency under section #d7;c7 to1 and exercised on or after the effective date specified in section #i by1 the ,under ,secretary1 any reference in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of or pertaining to an entity or program of government from which such function is transferred-- 7#a7 to the head of such entity or program is deemed to refer to the ,under ,secretary of ,commerce for ,export ,promotion2 or 7#b7 to such entity or program is deemed to refer to the ,export ,promotion ,agency4 #i4 ,effective date ,this ,act takes effect on the date that is #a year after the date of the enactment of this ,act4