HR 2992
9-4-07, House Agreed to Bill by Voice Vote
Referred to Senate Committee
on Small Business & Entrepreneurship
110th CONGRESS
1st Session
H. R. 2992
IN THE SENATE OF THE UNITED STATES
September 5, 2007
Received; read twice and referred to the Committee on Small Business and
Entrepreneurship
AN ACT
To amend the Small Business Act to improve trade programs, 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; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `SBA Trade Programs Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--SMALL BUSINESS TRADE POLICY
Sec. 101. Develop and implement small business trade policies.
Sec. 102. Establish an annual small business trade strategy.
Sec. 103. Track small business exports and trade resource utilization.
TITLE II--TRADE COMPLIANCE PROGRAMS
Sec. 201. Trade Remedy and Dispute Assistance Initiative.
Sec. 202. Patent Assistance and Intellectual Property Protections Initiative.
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR SMALL BUSINESSES
Sec. 301. Trade Adjustment Assistance Financing Initiative.
Sec. 302. Technical resources for trade adjustment assistance.
TITLE IV--EXPORT ASSISTANCE
Sec. 401. Increase Small Business Administration participation at Export
Assistance Centers.
Sec. 402. Increase access to capital for small and medium-sized exporters.
Sec. 403. Clerical amendment.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
Sec. 501. Authorization of appropriations.
TITLE I--SMALL BUSINESS TRADE POLICY
SEC. 101. TRADE POLICY FOR SMALL BUSINESS.
Section 22 of the Small Business Act (15 U.S.C. 649) is amended by adding
at the end the following:
`(h) Role in Trade Policy-
`(1) RECOMMENDATIONS- The director of the Office shall present recommendations
regarding small business exporters to trade negotiators.
`(2) DEVELOPMENT OF TRADE POLICIES- The director of the Office shall assist
in the development of trade policies that increase opportunities for small
businesses in domestic and foreign markets, including the removal of trade
barriers.
`(3) IMPLEMENTATION OF TRADE POLICIES- The director of the Office shall
assist in the implementation of trade policies through relationships developed
with Federal trade policymakers, particularly the United States Trade Representative,
and transnational organizations, such as the Organization for Economic Co-operation
and Development.
`(4) SMALL EXPORTER PROMOTION PROGRAMS- The director of the Office shall
establish programs that will boost the export opportunities of entrepreneurs
and encourage transnational organizations, such as the Organization for
Economic Co-operation and Development, small exporter organizations, and
ministries of foreign governments to support and publicize these programs.
`(5) STRATEGIC ALLIANCES-
`(A) CONGRESSIONAL NOTIFICATION- The director of the Office shall notify
the Committee on Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate of pending
strategic alliances.
`(B) FOLLOW-UP ACTIVITIES- The director of the Office shall ensure that
planned and documented follow-up activities for strategic alliances increase
trade opportunities for small businesses.
`(C) STRATEGIC ALLIANCE DEFINED- In this paragraph, the term `strategic
alliance' means a working relationship, entered into between the Small
Business Administration and foreign national ministries representing small
business concerns, for the purpose of strengthening trade between United
States small businesses and foreign small businesses by establishing overseas
networks and buyers.'.
SEC. 102. ESTABLISH AN ANNUAL SMALL BUSINESS TRADE STRATEGY.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act,
is further amended by adding at the end the following:
`(i) Annual Small Business Trade Strategy-
`(1) IN GENERAL- The director of the Office shall develop and maintain a
small business trade strategy that is contributed as part of the National
Export Strategy developed by the Department of Commerce that includes at
least the following components:
`(A) Strategies to increase small business export opportunities. The strategies
shall include a specific strategy to increase small business export opportunities
to the Asia Pacific Region.
`(B) Recommendations to increase the competitiveness of domestic small
business industries in the global economy.
`(C) Recommendations to protect small businesses from unfair trade practices,
including intellectual property violations.
`(D) Strategies to expand small business representation in United States
trade policy formation and implementation.
`(E) Coordination efforts with the Trade Promotion Coordinating Committee
of the Department of Commerce, as well as with Federal agencies that also
provide trade financing to small businesses, such as the Overseas Private
Investment Corporation and the Export-Import Bank.
`(2) REPORT- At the beginning of each fiscal year, the director shall submit
to the Committee on Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate a report
on the small business trade strategy required by paragraph (1). The report
shall cover, at a minimum, each of the components required by paragraph
(1) and shall include specific policies and objectives and timelines to
implement those policies and objectives.'.
SEC. 103. TRACK SMALL BUSINESS EXPORTS AND TRADE RESOURCE UTILIZATION.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act,
is further amended by adding at the end the following:
`(1) IN GENERAL- The director of the Office shall develop a system to track
small business exports and the use by small businesses of Federal trade
promotion resources. The director shall ensure that the system is consistent
through each Federal agency member of the Trade Promotion Coordinating Committee.
`(2) DESIGN EMPHASIS- The director shall give particular attention, in designing
the system, to the tracking of data on the trade of services by small exporters,
in consultation with the Department of Commerce.
`(3) IMPLEMENTATION- The director shall work in consultation with members
of the Trade Promotion Coordinating Committee to ensure that the system
is implemented and that the results of the system are reported annually
in the National Export Strategy conducted by the Trade Promotion Coordinating
Committee.'.
TITLE II--TRADE COMPLIANCE PROGRAMS
SEC. 201. TRADE REMEDY AND DISPUTE ASSISTANCE INITIATIVE.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act,
is further amended by adding at the end the following:
`(k) Trade Remedy and Dispute Assistance Initiative- The director of the Office
shall design, and the district offices of the Administration shall implement,
a program that provides technical assistance, counseling services, and reference
materials to assist small businesses navigate the trade dispute and remedy
processes. The program shall include--
`(1) information on available resources, procedures, and requirements for
trade remedy investigations;
`(2) an approach for district office staff to provide one-on-one assistance
to small businesses involved in these activities; and
`(3) an identification of legal resources and other tools to ensure small
businesses can navigate the trade dispute and remedy processes affordably.'.
SEC. 202. PATENT ASSISTANCE AND INTELLECTUAL PROPERTY PROTECTIONS INITIATIVE.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act,
is further amended by adding at the end the following:
`(l) Patent Assistance and Intellectual Property Protections Initiative- In
consultation with the United States Patent and Trademark Office and the United
States Copyright Office, the Office shall design counseling services, including
identifying legal resources for small businesses to secure intellectual property
protection in foreign countries. To implement the program, the Office shall
collaborate with district office staff to provide on-on-one assistance to
small businesses involved in these activities.'.
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR SMALL BUSINESSES
SEC. 301. TRADE ADJUSTMENT ASSISTANCE FINANCING INITIATIVE.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended--
(1) in paragraph (2)(D) by inserting after `paragraph (14)(A),' the following:
`or to participate in a loan made under paragraph (16),'; and
(A) in subparagraph (D) by striking clauses (i) and (ii) and inserting
the following:
`(I) increased competition with foreign firms in the relevant market;
or
`(II) unfair trade practices, particularly intellectual property violations;
and
`(ii) is injured by such impacts.'; and
(B) by adding at the end the following:
`(E) OUTREACH AND MARKETING- The Administration shall increase outreach
and marketing of international trade loans to district offices and private
lenders.'.
SEC. 302. TECHNICAL RESOURCES FOR TRADE ADJUSTMENT ASSISTANCE.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act,
is further amended by adding at the end the following:
`(m) Technical Resources for Trade Adjustment Assistance-
`(1) IN GENERAL- The director of the Office shall establish a comprehensive
set of services to assist small business readjustment, including access
to training, technology, marketing assistance, and research and information
on domestic and global markets.
`(2) IMPLEMENTATION- The Administrator shall, by regulation, establish such
requirements as may be necessary to carry out paragraph (1).
`(3) OUTREACH- The Office shall work with the district offices and the outreach
business assistance centers of the Administration, including Small Business
Development Centers, Women's Business Centers, and SCORE, to offer the set
of services established under paragraph (1) to small businesses in their
local communities.'.
TITLE IV--EXPORT ASSISTANCE
SEC. 401. INCREASE SMALL BUSINESS ADMINISTRATION PARTICIPATION AT EXPORT
ASSISTANCE CENTERS.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act,
is further amended by adding at the end the following:
`(n) Trade Finance Positions-
`(1) ADDITIONAL TRADE FINANCE SPECIALISTS-
`(A) IN GENERAL- The Office, over the 1-year period beginning on the date
of the enactment of this subsection, shall increase the number of trade
finance specialists at Export Assistance Centers by at least 6 and thereafter
shall maintain the number of such trade finance specialists at or above
that number. Candidates for the positions are required to have sufficient
qualifications and experiences.
`(B) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to carry out subparagraph (A) such sums as may be necessary.
`(2) FILLING VACANT POSITIONS- The Office, over the 3-month period beginning
on the date of the enactment of this subsection, shall fill all trade finance
positions that have been vacant since 2003. Candidates for the positions
are required to have sufficient qualifications and experiences.
`(3) FILLING GAPS IN HIGH-EXPORT-VOLUME AREAS- The director of the Office
shall--
`(A) not later than 1 year after the date of the enactment of this subsection,
carry out a national study to compare the rate of exports from each State
and major metropolitan region to the availability of Administration staff
participating in Export Assistance Centers in such State or region;
`(B) not later than 2 years after such date of enactment, design a formula
to eliminate gaps between supply of, and demand for, such staff in areas
with high export volumes; and
`(C) request the additional staff that are required to eliminate such
gaps and place them in those areas.'.
SEC. 402. INCREASE ACCESS TO CAPITAL FOR SMALL AND MEDIUM-SIZED EXPORTERS.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended--
(1) in paragraph (2)(D) by amending the heading to read as follows: `PARTICIPATION
UNDER EXPORT WORKING CAPITAL AND INTERNATIONAL TRADE PROGRAMS'; and
(A) in subparagraph (A) by striking `subparagraph (B)' and inserting `subparagraphs
(B) and (C)';
(B) by redesignating subparagraphs (B) and (C) as (C) and (D), respectively;
(C) by inserting after subparagraph (A) the following:
`(B) if the total amount outstanding and committed (by participation or
otherwise) solely for the purposes provided in paragraphs (14)(A) and
(16) to the borrower from the business loan and investment fund established
by this Act would exceed $2,250,000 (or if the gross loan amount would
exceed $3,000,000), except as provided in subparagraph (C);'; and
(D) in subparagraph (C) (as so redesignated) by striking `$1,750,000,
of which not more than $1,250,000' and inserting `$2,250,000, of which
not more than $1,600,000'.
SEC. 403. CLERICAL AMENDMENT.
Section 22(c)(5) of the Small Business Act (15 U.S.C. 649) is amended by striking
the period at the end and inserting a semicolon.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry
out this Act and the amendments made by this Act.
Passed the House of Representatives September 4, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
By Jorge E. Sorensen,
Deputy Clerk.
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