article: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Export Promotion Enhancement Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purpose. TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988 Sec. 101. Establishment and purpose. Sec. 102. Duties. Sec. 103. Strategic plan. Sec. 104. Director and Associate Directors. Sec. 105. Staff; experts and consultants. Sec. 106. Advisory Board on Trade Promotion. Sec. 107. Report to Congress. Sec. 108. Report on export policy. Sec. 109. Authorization of appropriations. Sec. 110. Clerical amendment. Sec. 111. Effective date. TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES Sec. 201. Conforming amendments to other laws. Sec. 202. References. SEC. 2. FINDINGS. Congress finds the following: (1) As the world's largest economy, the United States has an enormous stake in the future of the global trading system. (2) Exports are a crucial force driving the United States economy and job creation. (3) While nearly 97 percent of United States exporters are small and medium enterprises (SMEs), SMEs account for just over one-fourth of exports, leaving much room for growth. (4) Two-thirds of United States exporters have fewer than 20 employees and sell to just one foreign market. (5) Manufacturers account for 61 percent of total United States exports with small manufacturers accounting for approximately 15 percent of total United States exports. Thirty percent of small manufacturers do not currently export but would consider doing so if they had more help in securing vital information on foreign markets, customers, and export procedures. (6) United States small and medium enterprises face tough competition from trading partners of the United States that aggressively undertake export promotion programs that directly support and underwrite the expanded growth in trade of their small and medium enterprises. (7) United States trade promotion is carried out in part by 21 departments and agencies of the Federal Government. Representatives from these Federal departments and agencies are members of the Trade Promotion Coordinating Committee (TPCC), a Federal committee that has not lived up to congressional intent to provide a seamless offering of export promotion products and services due in part to the inadequate allocation of resources and a lack of ultimate decision making budget input authority to ensure effective results are achieved for the invested resources. SEC. 3. PURPOSE. The purpose of this Act and the amendments made by this Act is to improve the performance and results of trade promotion policies and programs of the Federal Government in accordance with the Government Performance and Results Act of 1993 (Public Law 103-62). TITLE I--AMENDMENTS TO EXPORT ENHANCEMENT ACT OF 1988 SEC. 101. ESTABLISHMENT AND PURPOSE. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``in the Executive Office of the President'' after ``shall establish''; (ii) by striking ``Trade Promotion Coordinating Committee'' and inserting ``Office of Trade Promotion''; and (iii) by striking ``TPCC'' each place it appears and inserting ``Office''; (B) in paragraph (1), by inserting ``and oversee'' after ``to coordinate''; and (C) in paragraph (2), by inserting ``and supervise implementation of'' after ``to develop''; and (2) in subsections (b) through (f), by striking ``TPCC'' each place it appears and inserting ``Office''. SEC. 102. DUTIES. Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(b)) is amended-- (1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (2) by inserting before paragraph (2) (as redesignated) the following new paragraph: ``(1) advise the President, and others within the Executive Office of the President, on matters relating to trade promotion policies and programs of the United States Government;''. (3) in paragraph (2) (as redesignated), by striking ``coordinate'' and inserting ``supervise''; (4) in paragraph (4) (as redesignated)-- (A) in the matter preceding subparagraph (A)-- (i) by inserting ``and attainment of measurable results'' after ``better delivery of services''; and (ii) by inserting ``with emphasis on small and medium enterprises'' after ``United States businesses''; and (B) in subparagraph (C), by adding at the end before the semicolon the following: ``, including assistance to match United States businesses with foreign businesses, as appropriate''; (5) in paragraph (5) (as redesignated), by inserting ``and enhance the effectiveness of'' after ``prevent unnecessary duplication in''; and (6) in paragraph (6) (as redesignated) to read as follows: ``(6) review and make input on the appropriate levels and allocation of resources among agencies in support of export promotion and export financing and advise the President as to the concurrence in these allocations based on its review; and''. SEC. 103. STRATEGIC PLAN. Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``and explain'' and inserting ``, explain''; and (B) by adding at the end before the semicolon the following: ``, and detail the benchmarks for the implementation of the priorities''; (2) in paragraph (2), by inserting ``and effectiveness'' after ``to improve coordination''; and (3) in paragraph (4)-- (A) by striking ``propose to the President an annual'' and inserting ``include in the annual Federal budget submission to Congress a detailed''; (B) by striking ``that supports'' and inserting ``and oversee its implementation so it supports''; and (C) by adding ``and'' after the semicolon; (4) in paragraph (5), by striking ``; and'' and inserting a period; and (5) by striking paragraph (6). SEC. 104. DIRECTOR AND ASSOCIATE DIRECTORS. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended by striking subsection (d) and inserting the following new subsection: ``(d) Director and Associate Directors.-- ``(1) Director.--There shall be at the head of the Office a Director of the Office of Trade Promotion, who shall-- ``(A) be appointed by the President, by and with the advice and consent of the Senate; and ``(B) be compensated at a rate consistent with the compensation of the directors of other offices within the Executive Office of the President. ``(2) Associate directors.--The President may appoint not more than two Associate Directors of the Office of Trade Promotion, by and with the advice and consent of the Senate, who shall each-- ``(A) be compensated at a rate not to exceed the rate provided for other associate directors of offices within the Executive Office of the President; and ``(B) perform such functions as the Director may prescribe.''. SEC. 105. STAFF; EXPERTS AND CONSULTANTS. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended by striking subsection (e) and inserting the following new subsection: ``(e) Staff; Experts and Consultants.-- ``(1) Staff.-- ``(A) In general.--The Director of the Office may appoint and fix the pay of additional personnel as the Director considers appropriate. ``(B) Staff of federal agencies.--Upon request of the Director, the head of any Federal department or agency that is represented on the Advisory Board on Trade Promotion established pursuant to subsection (f) may detail any of the personnel of that department or agency to the Office to assist it in carrying out its duties under this section. ``(2) Experts and consultants.--The Director of the Office may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-15 of the General Schedule.''. SEC. 106. ADVISORY BOARD ON TRADE PROMOTION. (a) Advisory Board on Trade Promotion.--Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) Advisory Board on Trade Promotion.-- ``(1) Establishment and purpose.--The President shall establish the Advisory Board on Trade Promotion (hereafter in this subsection referred to as the `Advisory Board'). The purpose of the Advisory Board shall be to advise the Director of the Office in carrying out the duties of the Office under this section and section 6 of the Export Enhancement Act of 1999 (15 U.S.C. 4727a). ``(2) Membership.-- ``(A) In general.--Members of the Advisory Board shall include representatives from-- ``(i) the Department of Agriculture; ``(ii) the Department of Commerce; ``(iii) the Department of Defense; ``(iv) the Department of Energy; ``(v) the Department of the Interior; ``(vi) the Department of Labor; ``(vii) the Department of State; ``(viii) the Department of Transportation; ``(ix) the Department of the Treasury; ``(x) the Environmental Protection Agency; ``(xi) the Export-Import Bank of the United States; ``(xii) the United States Agency for International Development; ``(xiii) the Millennium Challenge Corporation; ``(xiv) the Office of Management and Budget; ``(xv) the Overseas Private Investment Corporation; ``(xvi) the Small Business Administration; ``(xvii) the Trade and Development Agency; ``(xviii) the Office of the United States Trade Representative; and ``(xix) at the discretion of the President, such other departments or agencies as may be necessary. ``(B) Chairperson.--The Secretary of Commerce shall serve as the chairperson of the Advisory Board. ``(3) Member qualifications.--Members of the Advisory Board shall be appointed by the heads of their respective departments or agencies. Such members, as well as alternates designated by any members unable to attend a meeting of the Advisory Board, shall be individuals who exercise significant decisionmaking authority in their respective departments or agencies.''. (b) Environmental Trade Promotion.-- (1) Environmental trade working group.--Section 2313(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(b)) is amended-- (A) in the heading, by striking ``Trade Promotion Coordination Committee'' and inserting ``Advisory Board on Trade Promotion''; (B) in paragraph (1)-- (i) by striking ``Trade Promotion Coordination Committee'' and inserting ``Advisory Board on Trade Promotion''; and (ii) by striking ``TPCC'' and inserting ``Advisory Board''; (C) in paragraph (2)(A), by striking ``TPCC'' and inserting ``Advisory Board''; and (D) in paragraph (4) to read as follows: ``(4) Report to congress.--The chairperson of the Advisory Board shall submit to the Director of the Office of Trade Promotion a report on the activities of the Working Group to be included in the annual report submitted to Congress by the Director of the Office pursuant to section 2312(g).''. (2) Environmental technologies trade advisory committee.-- Section 2313(c)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(c)(1)) is amended by striking ``TPCC'' and inserting ``Advisory Board''. (3) International regional environmental initiatives.-- Section 2313(h) of the Export Enhancement Act of 1988 (15 U.S.C. 4728(h)) is amended by striking ``TPCC'' each place it appears and inserting ``Office of Trade Promotion''. SEC. 107. REPORT TO CONGRESS. (a) Report to Congress.--Section 2312(g) of the Export Enhancement Act of 1988 (as redesignated by section 106(a)(1) of this title) is amended to read as follows: ``(g) Report to Congress.-- ``(1) In general.--The Director of the Office shall prepare and submit to the appropriate congressional committees an annual report that describes the strategic plan developed by the Office pursuant to subsection (c), the implementation of the plan and any revisions thereto, and the extent to which funding for the plan is appropriate. ``(2) Definition.--In this subsection, the term `appropriate congressional committees' means-- ``(A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and ``(B) the Committee on Foreign Affairs of the House of Representatives.''. SEC. 108. REPORT ON EXPORT POLICY. Section 2314(b)(1)(B) of the Export Enhancement Act of 1988 (15 U.S.C. 4729(b)(1)(B)) is amended to read as follows: ``(B) the report of the Director of the Office of Trade Promotion that contains the strategic plan submitted to Congress in accordance with section 2312(g);''. SEC. 109. AUTHORIZATION OF APPROPRIATIONS. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727), as amended by this title, is further amended by adding at the end the following new subsection: ``(h) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section and section 2313, section 6 of the Export Enhancement Act of 1999, and section 304 of the FREEDOM Support Act such sums as may be necessary for fiscal year 2008 and each subsequent fiscal year. ``(2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.''. SEC. 110. CLERICAL AMENDMENT. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727(a)) is amended in the heading by striking ``trade promotion coordinating committee'' and inserting ``office of trade promotion''. SEC. 111. EFFECTIVE DATE. The President shall establish the Office of Trade Promotion and the Advisory Board on Trade Promotion pursuant to section 2312 of the Export Enhancement Act of 1988 (as amended by this title) not later than 180 days after the date of the enactment of this Act. TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS; REFERENCES SEC. 201. CONFORMING AMENDMENTS TO OTHER LAWS. (a) Export Enhancement Act of 1999.--The Export Enhancement Act of 1999 is amended-- (1) in section 6 (15 U.S.C. 1547a)-- (A) in the heading, by striking ``tpcc'' and inserting ``the office of trade promotion''; (B) in the matter preceding paragraph (1), by striking ``Trade Promotion Coordinating Committee'' and inserting ``Office of Trade Promotion''; and (C) in paragraph (3), by striking ``inclding'' and inserting ``including''; and (2) in the heading of section 7, by striking ``tpcc reports'' and inserting ``reports of the office of trade promotion''. (b) FREEDOM Support Act.--The FREEDOM Support Act is amended-- (1) in section 303(b) (22 U.S.C. 5823(b)), by striking ``Chair of the Trade Promotion Coordinating Committee'' and inserting ``Director of the Office of Trade Promotion''; (2) in section 304 (22 U.S.C. 5824)-- (A) in the heading, by striking ``trade promotion coordinating committee'' and inserting ``office of trade promotion''; and (B) in the matter preceding paragraph (1), by striking ``Trade Promotion Coordinating Committee'' and inserting ``Office of Trade Promotion''; and (3) by amending the item relating to section 304 of the table of contents to read as follows: ``Sec. 304. Interagency working group on energy of the Office of Trade Promotion.''. (c) Export-Import Bank Act of 1945.--Section 2(b)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A)) is amended by striking ``Trade Promotion Coordinating Committee'' and inserting ``Office of Trade Promotion''. SEC. 202. REFERENCES. Any reference in a law, regulation, document, or other record of the United States to the Trade Promotion Coordinating Committee or TPCC shall be deemed to be a reference to the Office of Trade Promotion.
summary: Export Promotion Enhancement Act of 2008 - Amends the Export Enhancement Act of 1988 to establish in the Executive Office of the President the Office of Trade Promotion. (Currently, there exists a Trade Promotion Coordinating Committee (TPCC), which the Office shall replace.) Requires the Office to perform duties currently assigned to the TPCC, as well as advise the President and others within the Executive Office on matters relating to trade promotion policies and programs of the U.S. Government. Requires the President to appoint an Office Director. Authorizes the President to appoint up to two Associate Directors. Directs the President to establish the Advisory Board on Trade Promotion to advise the Office Director.