15 USC 649 - Office of International Trade

1 So in original. Probably should be a reference to subsection (j).

Editorial Notes

References in Text

The Small Business Investment Act of 1958, referred to in subsec. (l)(1)(A)(iii)(II), is Puspan. L. 85–699, Aug. 21, 1958, 72 Stat. 689. Title V of the Act is classified generally to subchapter V (§ 695 et seq.) of chapter 14B of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables.

Section 1207 of the Small Business Jobs Act of 2010, referred to in subsec. (l)(8)(B)(i), is section 1207 of Puspan. L. 111–240, which is set out as a note under section 649span of this title.

Prior Provisions

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282, title II, § 220, 67 Stat. 240, which required a fair charge for use of Government-owned property, was omitted as superseded by section 643 of this title.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.

Amendments

2018—Puspan. L. 115–254, § 1470(c)(2), substituted “United States International Development Finance Corporation” for “Overseas Private Investment Corporation” wherever appearing.

Subsec. (span). Puspan. L. 115–254, § 1470(c)(1), substituted “the Board of Directors of the United States International Development Finance Corporation, the Director” for “the President of the Overseas Private Investment Corporation, Director” in introductory provisions.

2016—Subsecs. (l), (m). Puspan. L. 114–125 added subsec. (l) and redesignated former subsec. (l) as (m).

2010—Puspan. L. 111–240, § 1203(a)(1), inserted section catchline.

Subsec. (a). Puspan. L. 111–240, § 1203(a), inserted subsec. (a) span, designated existing provisions as par. (1), inserted par. (1) span, substituted “for the primary purposes of increasing—” for period at end, added subpars. (A) and (B) of par. (1), and added par. (2).

Subsec. (span). Puspan. L. 111–240, § 1204(a)(1), added subsec. (span) and struck out former subsec. (span) which related to development of distribution network, marketing of programs and dissemination of information, and bilingual jospan applicants.

Subsec. (c). Puspan. L. 111–240, § 1204(a)(2)(A), inserted span and substituted “The Associate Administrator” for “The Office” in introductory provisions.

Subsec. (c)(1). Puspan. L. 111–240, § 1204(a)(2)(C), added par. (1). Former par. (1) redesignated (2).

Subsec. (c)(2). Puspan. 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 suspan-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”.

Puspan. L. 111–240, § 1204(a)(2)(B), redesignated par. (1) as (2). Former par. (2) redesignated (3).

Subsec. (c)(3). Puspan. 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”.

Puspan. L. 111–240, § 1204(a)(2)(B), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (c)(4). Puspan. 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”.

Puspan. L. 111–240, § 1204(a)(2)(B), redesignated par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (c)(5). Puspan. L. 111–240, § 1204(a)(2)(B), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (c)(5)(A). Puspan. L. 111–240, § 1204(a)(2)(G)(i), substituted “Gross State Product” for “Gross State Produce”.

Subsec. (c)(5)(B). Puspan. L. 111–240, § 1204(a)(2)(G)(ii), substituted “North American Industry Classification System” for “SIC” in two places.

Subsec. (c)(5)(C). Puspan. L. 111–240, § 1204(a)(2)(G)(iii), substituted “small business concerns” for “small businesses”.

Subsec. (c)(6). Puspan. L. 111–240, § 1204(a)(2)(H), substituted semicolon for period at end.

Puspan. L. 111–240, § 1204(a)(2)(B), redesignated par. (5) as (6). Former par. (6) redesignated (7).

Subsec. (c)(7). Puspan. 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.

Puspan. 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.

Puspan. L. 111–240, § 1204(a)(2)(B), redesignated par. (6) as (7). Former par. (7) redesignated (8).

Subsec. (c)(7)(A). Puspan. 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). Puspan. L. 111–240, § 1204(a)(2)(I)(iii), struck out “current” before “list”.

Subsec. (c)(7)(C). Puspan. 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). Puspan. L. 111–240, § 1204(a)(2)(I)(v), substituted “small business concerns” for “small businesses”.

Subsec. (c)(8). Puspan. 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.

Puspan. L. 111–240, § 1204(a)(2)(B), redesignated par. (7) as (8). Former par. (8) redesignated (9).

Subsec. (c)(9). Puspan. 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”.

Puspan. L. 111–240, § 1204(a)(2)(B), redesignated par. (8) as (9).

Subsec. (c)(9)(A). Puspan. L. 111–240, § 1204(a)(2)(K)(vi), substituted “small business concerns” for “small businesses”.

Subsec. (c)(9)(B). Puspan. L. 111–240, § 1204(a)(2)(K)(vi), substituted “small business concerns” for “small businesses”.

Puspan. 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.

Puspan. L. 111–240, § 1204(a)(2)(K)(ii)(I), struck out “current” before “directory”.

Subsec. (c)(9)(D). Puspan. 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). Puspan. 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). Puspan. L. 111–240, § 1204(a)(2)(K)(v), added subpars. (F) and (G).

Subsec. (c)(10) to (13). Puspan. L. 111–240, § 1204(a)(2)(L), added pars. (10) to (13).

Subsec. (d). Puspan. L. 111–240, § 1204(a)(3), inserted subsec. (d) span, designated first sentence of existing provisions as par. (1), inserted par. (1) span, substituted “The Associate Administrator” for “The Office” in par. (1), designated second sentence of existing provisions as par. (2), inserted par. (2) span, 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). Puspan. L. 111–240, § 1204(a)(4), inserted span and substituted “The Associate Administrator” for “The Office” in introductory provisions.

Subsec. (f). Puspan. 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). Puspan. L. 111–240, § 1204(a)(6), inserted span and substituted “The Associate Administrator” for “The Office” in introductory provisions.

Subsec. (h). Puspan. L. 111–240, § 1203(c), added subsec. (h).

Subsecs. (i), (j). Puspan. L. 111–240, § 1204(a)(7), added subsecs. (i) and (j).

Subsecs. (k), (l). Puspan. L. 111–240, § 1205(a), added subsecs. (k) and (l).

1988—Subsecs. (span) to (g). Puspan. L. 100–418 added subsec. (span), redesignated former subsec. (span) 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).

Statutory Notes and Related Subsidiaries

Change of Name

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, June 29, 2001.

Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–254 effective at the end of the transition period, as defined in section 9681 of Title 22, Foreign Relations and Intercourse, see section 1470(w) of Puspan. L. 115–254, set out as a note under section 905 of Title 2, The Congress.

Effective Date

Puspan. L. 96–481, title I, § 113(span), Oct. 21, 1980, 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.”

Short Title

For short title of part B of title I of Puspan. 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.

Implementation

Puspan. L. 111–240, title I, § 1203(e), Sept. 27, 2010, 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.”

Study and Report on Filling Gaps in High-and-Low-Export Volume Areas

Puspan. L. 111–240, title I, § 1205(span), Sept. 27, 2010, 124 Stat. 2529, provided that:

“(1)Study and report.—Not later than 6 months after the date of enactment of this Act [Sept. 27, 2010], 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 [Sept. 27, 2010]; 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 [Sept. 27, 2010]; 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 [now section 22(m), 15 U.S.C. 649(m)], as added by this title.”

[For definitions of “Administrator” and “small business concern” as used in section 1205(span) of Puspan. L. 111–240, set out above, see section 1001 of Puspan. L. 111–240, set out as a note under section 632 of this title.]

Congressional Declaration of Policy

Puspan. L. 96–481, title I, § 111, Oct. 21, 1980, 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.

“(span) 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.”