15 U.S.C. § 649
(a) Establishment
(1) Office There is established within the Administration an Office of International Trade which shall implement the programs pursuant to this section for the primary purposes of increasing—
(b) Trade distribution network The Associate Administrator, working in close cooperation with the Secretary of Commerce, the United States Trade Representative, the Secretary of Agriculture, the Secretary of State, the President of the Export-Import Bank of the United States, the President of the Overseas Private Investment Corporation, Director 1 of the United States Trade and Development Agency, and other relevant Federal agencies, small business development centers engaged in export promotion efforts, Export Assistance Centers, regional and district offices of the Administration, the small business community, and relevant State and local export promotion programs, shall—
(1) maintain a distribution network, using regional and district offices of the Administration, the small business development center network, networks of women’s business centers, the Service Corps of Retired Executives authorized by section 637(b)(1) of this title, and Export Assistance Centers, for programs relating to—
(4) give preference in hiring or approving the transfer of any employee into the Office or to a position described in subsection (c)(9) to otherwise qualified applicants who are fluent in a language in addition to English, to—
(c) Promotion of sales opportunities The Associate Administrator shall promote sales opportunities for small business goods and services abroad. To accomplish this objective the office shall—
(1) establish annual goals for the Office relating to—
(2) in cooperation with the Department of Commerce, other relevant agencies, regional and local Administration offices, the Small Business Development Center network, and State programs, develop a mechanism for—
(5) work closely with the Department of Commerce and other relevant Federal agencies to—
(7) provide small business concerns with access to up to date and complete export information by—
(9) facilitate decentralized delivery of export information and assistance to small business concerns by assigning primary responsibility for export development to one individual in each district office and providing each Administration regional office with a full-time export development specialist, who shall—
(d) Export financing programs
(2) Trade finance specialist To accomplish the goal established under paragraph (1), the Associate Administrator shall—
(B) work in cooperation with the Export-Import Bank and the small business community, including small business trade associations, to—
(e) Trade remedies The Associate Administrator shall—
(f) Reporting requirement The Associate Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that contains—
(g) Studies The Associate Administrator, in cooperation, where appropriate, with the Division of Economic Research of the Office of Advocacy, and with other Federal agencies, shall undertake studies regarding the following issues and shall report to the Committees on Small Business of the House of Representatives and the Senate, and to other relevant Committees of the House and Senate within 6 months after , with specific recommendations on—
(h) Discharge of international trade responsibilities of Administration The Administrator shall ensure that—
(3) the Associate Administrator has direct supervision and control over—
(i) Export and trade counseling
(1) Definition In this subsection—
(3) Number of certified employees The Administrator shall ensure that the number of employees of each lead small business development center who are certified in providing export assistance is not less than the lesser of—
(4) Reimbursement for certification
(j) Performance measures
(1) In general The Associate Administrator shall develop performance measures for the Administration to support export growth goals for the activities of the Office under this section that include—
(A) the number of small business concerns that—
(2) Joint performance measures The Associate Administrator shall develop joint performance measures for the district offices of the Administration and the Export Assistance Centers that include the number of export loans made under—
(k) Export Assistance Centers
(1) Export finance specialists
(2) Placement of export finance specialists
(A) Priority The Administrator shall give priority, to the maximum extent practicable, to placing employees of the Administration at any Export Assistance Center that—
(l) Definitions In this section—
(Pub. L. 85–536, § 2[22], as added Pub. L. 96–481, title I, § 113(a), , 94 Stat. 2323; amended Pub. L. 100–418, title VIII, § 8003, , 102 Stat. 1554; Pub. L. 111–240, title I, §§ 1203(a), (c), 1204(a), 1205(a), , 124 Stat. 2521, 2522, 2527.)
A prior section 649, act July 30, 1953, ch. 282, title II, § 220, 67 Stat. 240, which required a fair charge for use of Government-owned property, was omitted as superseded by section 643 of this title. See Codification note set out under section 631 of this title.
2010—Pub. L. 111–240, § 1203(a)(1), inserted section catchline.
Subsec. (a). Pub. L. 111–240, § 1203(a), inserted subsec. (a) heading, designated existing provisions as par. (1), inserted par. (1) heading, substituted “for the primary purposes of increasing—” for period at end, added subpars. (A) and (B) of par. (1), and added par. (2).
Subsec. (b). Pub. L. 111–240, § 1204(a)(1), added subsec. (b) and struck out former subsec. (b) which related to development of distribution network, marketing of programs and dissemination of information, and bilingual job applicants.
Subsec. (c). Pub. L. 111–240, § 1204(a)(2)(A), inserted heading and substituted “The Associate Administrator” for “The Office” in introductory provisions.
Subsec. (c)(1). Pub. L. 111–240, § 1204(a)(2)(C), added par. (1). Former par. (1) redesignated (2).
Subsec. (c)(2). Pub. L. 111–240, § 1204(a)(2)(D), substituted “mechanism for—
“(A) identifying subsectors of the small business community with strong export potential;
“(B) identifying areas of demand in foreign markets;
“(C) prescreening foreign buyers for commercial and credit purposes; and
“(D) assisting”
for “mechanism for (A) identifying sub-sectors of the small business community with strong export potential; (B) identifying areas of demand in foreign markets; (C) prescreening foreign buyers for commercial and credit purposes; and (D) assisting”.
Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (1) as (2). Former par. (2) redesignated (3).
Subsec. (c)(3). Pub. L. 111–240, § 1204(a)(2)(E), substituted “assist small business concerns in forming and using” for “assist small businesses in the formation and utilization of”.
Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (c)(4). Pub. L. 111–240, § 1204(a)(2)(F), substituted “district” for “local”, “small business development center network” for “Small Business Development Center network”, and “small business development center program” for “Small Business Development Center Program” and struck out “existing” before “translation”.
Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (c)(5). Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (c)(5)(A). Pub. L. 111–240, § 1204(a)(2)(G)(i), substituted “Gross State Product” for “Gross State Produce”.
Subsec. (c)(5)(B). Pub. L. 111–240, § 1204(a)(2)(G)(ii), substituted “North American Industry Classification System” for “SIC” in two places.
Subsec. (c)(5)(C). Pub. L. 111–240, § 1204(a)(2)(G)(iii), substituted “small business concerns” for “small businesses”.
Subsec. (c)(6). Pub. L. 111–240, § 1204(a)(2)(H), substituted semicolon for period at end.
Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (5) as (6). Former par. (6) redesignated (7).
Subsec. (c)(7). Pub. L. 111–240, § 1204(a)(2)(I)(i)(II), (v), substituted “small business concerns” for “small businesses” and “up to date” for “current” in introductory provisions.
Pub. L. 111–240, § 1204(a)(2)(I)(i)(I), which directed amendment of introductory provisions by inserting “concerns” after “small business”, could not be executed because the words “small business” did not appear.
Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (6) as (7). Former par. (7) redesignated (8).
Subsec. (c)(7)(A). Pub. L. 111–240, § 1204(a)(2)(I)(ii), substituted “regional and district offices of the Administration” for “Administration’s regional offices”.
Subsec. (c)(7)(B). Pub. L. 111–240, § 1204(a)(2)(I)(iii), struck out “current” before “list”.
Subsec. (c)(7)(C). Pub. L. 111–240, § 1204(a)(2)(I)(iv), (v), struck out “current” before “directory” and substituted “small business concerns” for “small businesses”.
Subsec. (c)(7)(D). Pub. L. 111–240, § 1204(a)(2)(I)(v), substituted “small business concerns” for “small businesses”.
Subsec. (c)(8). Pub. L. 111–240, § 1204(a)(2)(J), struck out “and” at end. The amendment was made to reflect the probable intent of Congress, in the absence of quotation marks around the word “and” in the directory language.
Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (7) as (8). Former par. (8) redesignated (9).
Subsec. (c)(9). Pub. L. 111–240, § 1204(a)(2)(K)(i), (vi), in introductory provisions, substituted “small business concerns” for “small businesses” and “individual in each district office and providing each Administration regional office with a full-time export development specialist, who” for “person in each district office. Such specialists” and struck out “full-time export development specialists to each Administration regional office and assigning” before “primary responsibility”.
Pub. L. 111–240, § 1204(a)(2)(B), redesignated par. (8) as (9).
Subsec. (c)(9)(A). Pub. L. 111–240, § 1204(a)(2)(K)(vi), substituted “small business concerns” for “small businesses”.
Subsec. (c)(9)(B). Pub. L. 111–240, § 1204(a)(2)(K)(vi), substituted “small business concerns” for “small businesses”.
Pub. L. 111–240, § 1204(a)(2)(K)(ii)(II), which directed amendment by substituting “in” for “with”, was executed by making the substitution for “within”, to reflect the probable intent of Congress.
Pub. L. 111–240, § 1204(a)(2)(K)(ii)(I), struck out “current” before “directory”.
Subsec. (c)(9)(D). Pub. L. 111–240, § 1204(a)(2)(K)(iii), (vi), substituted “personnel of the Administration involved in making” for “Administration personnel involved in granting” and “small business concerns” for “small businesses” and struck out “and” at end.
Subsec. (c)(9)(E). Pub. L. 111–240, § 1204(a)(2)(K)(iv), substituted “the needs of small business concerns” for “small businesses’ needs” and semicolon for period at end.
Subsec. (c)(9)(F), (G). Pub. L. 111–240, § 1204(a)(2)(K)(v), added subpars. (F) and (G).
Subsec. (c)(10) to (13). Pub. L. 111–240, § 1204(a)(2)(L), added pars. (10) to (13).
Subsec. (d). Pub. L. 111–240, § 1204(a)(3), inserted subsec. (d) heading, designated first sentence of existing provisions as par. (1), inserted par. (1) heading, substituted “The Associate Administrator” for “The Office” in par. (1), designated second sentence of existing provisions as par. (2), inserted par. (2) heading, substituted “To accomplish the goal established under paragraph (1), the Associate Administrator shall—” for “To accomplish this goal, the Office shall work” in par. (2), added subpar. (A) and inserted “(B) work” before “in cooperation”, redesignated former pars. (1) to (5) as cls. (i) to (v), respectively, of subpar. (B) of par. (2), and realigned margins.
Subsec. (e). Pub. L. 111–240, § 1204(a)(4), inserted heading and substituted “The Associate Administrator” for “The Office” in introductory provisions.
Subsec. (f). Pub. L. 111–240, § 1204(a)(5), amended subsec. (f) generally. Prior to amendment, text read as follows: “The Office shall report to the Committees on Small Business of the House of Representatives and the Senate on an annual basis as to its progress in implementing the requirements under this section.”
Subsec. (g). Pub. L. 111–240, § 1204(a)(6), inserted heading and substituted “The Associate Administrator” for “The Office” in introductory provisions.
Subsec. (h). Pub. L. 111–240, § 1203(c), added subsec. (h).
Subsecs. (i), (j). Pub. L. 111–240, § 1204(a)(7), added subsecs. (i) and (j).
Subsecs. (k), (l). Pub. L. 111–240, § 1205(a), added subsecs. (k) and (l).
1988—Subsecs. (b) to (g). Pub. L. 100–418 added subsec. (b), redesignated former subsec. (b) as (c) and added pars. (1) to (5) and redesignated former pars. (1) to (3) as (6) to (8), respectively, and added subsecs. (d) to (g).
Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, .
Pub. L. 96–481, title I, § 113(b), , 94 Stat. 2324, provided that:
“The amendment made by subsection (a) [enacting this section] shall take effect on
October 1, 1980, or the date of enactment of this Act [
Oct. 21, 1980], whichever occurs later.”
For short title of part B of title I of Pub. L. 96–481 as the Small Business Export Expansion Act of 1980, see Short Title of 1980 Amendment note set out under section 631 of this title.
Pub. L. 111–240, title I, § 1203(e), , 124 Stat. 2522, provided that:
“Not later than 90 days after the date of enactment of this Act [
Sept. 27, 2010], the Administrator of the Small Business Administration shall appoint an Associate Administrator for International Trade under section 22(a) of the Small Business Act (
15 U.S.C. 649(a)), as added by this section.”
Pub. L. 111–240, title I, § 1205(b), , 124 Stat. 2529, provided that:
“(1) Study and report.— Not later than 6 months after the date of enactment of this Act [], and every 2 years thereafter, the Administrator shall—
“(A) conduct a study of—
- “(i) the volume of exports for each State;
- “(ii) the availability of export finance specialists in each State;
- “(iii) the number of exporters in each State that are small business concerns;
- “(iv) the percentage of exporters in each State that are small business concerns;
“(v) the change, if any, in the number of exporters that are small business concerns in each State—
- “(I) for the first study conducted under this subparagraph, during the 10-year period ending on the date of enactment of this Act []; and
- “(II) for each subsequent study, during the 10-year period ending on the date the study is commenced;
- “(vi) the total value of the exports in each State by small business concerns;
- “(vii) the percentage of the total volume of exports in each State that is attributable to small business concerns; and
“(viii) the change, if any, in the percentage of the total volume of exports in each State that is attributable to small business concerns—
- “(I) for the first study conducted under this subparagraph, during the 10-year period ending on the date of enactment of this Act []; and
- “(II) for each subsequent study, during the 10-year period ending on the date the study is commenced; and
“(B) submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing—
- “(i) the results of the study under subparagraph (A);
- “(ii) to the extent practicable, a recommendation regarding how to eliminate gaps between the supply of and demand for export finance specialists in the 15 States that have the greatest volume of exports, based upon the most recent data available from the Department of Commerce;
- “(iii) to the extent practicable, a recommendation regarding how to eliminate gaps between the supply of and demand for export finance specialists in the 15 States that have the lowest volume of exports, based upon the most recent data available from the Department of Commerce; and
- “(iv) such additional information as the Administrator determines is appropriate.
- “(2) Definition.— In this subsection, the term ‘export finance specialist’ has the meaning given that term in section 22(l) of the Small Business Act [15 U.S.C. 649(l)], as added by this title.”
[For definitions of “Administrator” and “small business concern” as used in section 1205(b) of Pub. L. 111–240, set out above, see section 1001 of Pub. L. 111–240, set out as a note under section 632 of this title.]
Pub. L. 96–481, title I, § 111, , 94 Stat. 2323, provided that:
“(a) The Congress finds and declares that—
- “(1) a strong export policy is essential to the health and well-being of the United States economy;
- “(2) exports of goods and services account for one out of every six jobs in the manufacturing sector and 10 per centum of the gross national product.
- “(3) every billion dollars in new exports is estimated to provide forty thousand jobs;
- “(4) there is increased and fierce competition in international markets to United States goods and services;
- “(5) small businesses account for no more than 10 per centum of all United States export sales;
- “(6) Federal Government programs are not sufficiently responsive to the needs of small business for export education and development of overseas marketing opportunities necessary to insure that small businesses realize their potential; and
- “(7) it is in the national interest to systematically and consistently promote and encourage small business participation in international markets.
“(b) It is therefore the purpose of this part [enacting this section, amending section 636 of this title, and enacting provisions set out as notes under sections 631 and 649 of this title] to encourage and promote small business exporting by—
- “(1) providing educational and marketing assistance to small businesses;
- “(2) insuring better access to export information and assistance for small businesses by upgrading and expanding the export development programs and services of the Department of Commerce and the Small Business Administration; and
- “(3) promoting the competitive viability of such firms in export trade and encouraging increased tourism in the United States by creating a program to provide limited financial, technical, and management assistance as may be necessary.”
1 So in original. Probably should be preceded by “the”.
2 So in original. Probably should be a reference to subsection (j).