[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1977 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1977
To promote the manufacturing industry in the United States by
establishing an Assistant Secretary for Manufacturing within the
Department of Commerce, an Interagency Manufacturing Task Force, and a
Small Business Manufacturing Task Force, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 25, 2003
Ms. Snowe (for herself and Mr. Voinovich) introduced the following
bill; which was read twice and referred to the Committee on Small
Business and Entrepreneurship
_______________________________________________________________________
A BILL
To promote the manufacturing industry in the United States by
establishing an Assistant Secretary for Manufacturing within the
Department of Commerce, an Interagency Manufacturing Task Force, and a
Small Business Manufacturing Task Force, 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 ``Small
Manufacturers Assistance, Recovery, and Trade Act'' or ``SMART Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MANUFACTURING AND TRADE REPRESENTATIVES AND TASK FORCE
Sec. 101. Assistant Secretary of Commerce for Manufacturing.
Sec. 102. Interagency Manufacturing Task Force.
Sec. 103. Assistant United States Trade Representative for Small
Business.
TITLE II--SMALL BUSINESS ADMINISTRATION
Subtitle A--Manufacturing and Entrepreneurial Development
Sec. 201. Small Business Manufacturing Task Force.
Sec. 202. Entrepreneurial development programs and services.
Subtitle B--Small Business Loan Programs
Sec. 211. Increased loan amounts for exporters.
Sec. 212. Debenture size.
Sec. 213. Job creation or retention standards.
Sec. 214. Clarification of maximum surety bond guarantee.
Subtitle C--International Trade
Sec. 221. Office of International Trade.
TITLE I--MANUFACTURING AND TRADE REPRESENTATIVES AND TASK FORCE
SEC. 101. ASSISTANT SECRETARY OF COMMERCE FOR MANUFACTURING.
(a) Establishment.--There shall be in the Department of Commerce,
in addition to the Assistant Secretaries of Commerce provided by law as
of the date of enactment of this Act, 1 additional Assistant Secretary
of Commerce, to be known as the Assistant Secretary of Commerce for
Manufacturing, who shall--
(1) be appointed by the President, by and with the advice
and consent of the Senate; and
(2) be compensated at the rate of pay provided for under
level IV of the Executive Schedule (5 U.S.C. 5315).
(b) Duties.--The Assistant Secretary of Commerce for Manufacturing
shall--
(1) identify and address the concerns of manufacturers;
(2) represent and advocate for the interests of United
States manufacturers;
(3) aid in the development of policies that promote the
vitality and expansion of United States manufacturing;
(4) review policies that adversely impact manufacturers;
(5) identify and address issues that are unique to small
manufacturers and those that are exacerbated by the size or
limited capital of small manufacturers; and
(6) perform such other duties as the Secretary of Commerce
may prescribe.
(c) Reporting Requirements.--The Assistant Secretary of Commerce
for Manufacturing shall submit to Congress an annual report that
contains--
(1) an overview of the state of the manufacturing sector in
the United States;
(2) a forecast of the future state of the manufacturing
sector in the United States; and
(3) an analysis of current and significant laws,
regulations, and policies that adversely impact the
manufacturing sector in the United States.
(d) Technical and Conforming Amendment.--Section 5315 of title 5,
United States Code, is amended by striking ``Assistant Secretaries of
Commerce (11)'' and inserting ``Assistant Secretaries of Commerce
(12)''.
SEC. 102. INTERAGENCY MANUFACTURING TASK FORCE.
(a) Establishment.--There is established an Interagency
Manufacturing Task Force (referred to in this section as the ``IMTF'')
for the purposes of--
(1) maximizing the efforts and resources of Federal
agencies in assisting the manufacturing industry;
(2) improving interagency cooperation in their efforts to
assist the manufacturing industry;
(3) encouraging additional efforts to assist United States
manufacturers;
(4) coordinating the agencies' efforts to assist the
manufacturing industry; and
(5) identifying and addressing collective manufacturing
concerns.
(b) Membership.--The IMTF shall be composed of 14 members,
including--
(1) the Assistant Secretary of Commerce for Manufacturing,
who shall serve as chair of the IMTF;
(2) a representative of the Department of the Treasury, to
be designated by the Secretary of the Treasury;
(3) a representative of the Department of Defense, to be
designated by the Secretary of Defense;
(4) a representative of the Department of Education, to be
designated by the Secretary of Education;
(5) a representative of the Department of Energy, to be
designated by the Secretary of Energy;
(6) a representative of the Department of Health and Human
Services, to be designated by the Secretary of Health and Human
Services;
(7) a representative of the Department of Homeland
Security, to be designated by the Secretary of Homeland
Security;
(8) a representative of the Department of Labor, to be
designated by the Secretary of Labor;
(9) a representative of the Environmental Protection
Agency, to be designated by the Administrator of the
Environmental Protection Agency;
(10) a representative of the Office of the United States
Trade Representative, to be designated by the United States
Trade Representative;
(11) a representative of the Small Business Administration,
to be designated by the Administrator of the Small Business
Administration;
(12) a representative of the Executive Office of the
President, to be designated by the President; and
(13) 2 additional members, to be designated by the
President.
(c) Duties.--Under the direction of the Assistant Secretary of
Commerce for Manufacturing, the IMTF shall--
(1) provide advice and counsel to the President and
Congress on matters of importance to manufacturers;
(2) monitor, coordinate, and promote the plans, programs,
and operations of the departments and agencies of the Federal
Government that may contribute to the growth of the United
States manufacturing industry;
(3) develop and promote new public sector initiatives,
policies, programs, and plans designed to foster the
manufacturing industry;
(4) review, monitor, and coordinate plans and programs
developed in the public sector, which affect the ability of
manufacturers to obtain capital, credit, and access to
technology;
(5) identify and address regulations that are needlessly
burdensome on manufacturers; and
(6) design a comprehensive plan for a joint public-private
sector effort to facilitate the growth and development of the
United States manufacturing industry.
(d) Meetings.--
(1) Frequency.--The IMTF shall meet not less than 4 times
per year to perform the duties under subsection (c).
(2) Quorum.--A majority of the members of the IMTF shall
constitute a quorum to approve recommendations or reports.
(e) Personnel Matters.--
(1) Compensation of members.--
(A) Federal employees.--Each member of the IMTF who
is an officer or employee of the Federal Government
shall serve without compensation in addition to that
received for services rendered as an officer or
employee of the United States.
(B) Other members.--Each member of the IMTF who is
not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily
equivalent for level IV of the Executive Schedule (5
U.S.C. 5315) for each day (including travel time)
during which such member is engaged in the performance
of the duties of the IMTF.
(2) Travel expenses.--The members of the IMTF shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of Federal
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular place of
business in the performance of services for the IMTF.
(3) Detail of federal employees.--Any employee of the
Federal Government may be detailed to the IMTF without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(f) Reports.--
(1) Findings and recommendations.--Not later than 1 year
after the date of enactment of this Act, and annually
thereafter, the IMTF shall submit a report containing the
findings and recommendations described in paragraphs (1)
through (5) of subsection (c) to--
(A) the President;
(B) the Committee on Small Business and
Entrepreneurship of the Senate; and
(C) the Committee on Small Business of the House of
Representatives.
(2) Growth plan.--Not later than 1 year after the date of
enactment of this Act, the Assistant Secretary of Commerce for
Manufacturing shall submit the plan prepared pursuant to
subsection (c)(6) to--
(A) the President;
(B) the Committee on Small Business and
Entrepreneurship of the Senate; and
(C) the Committee on Small Business of the House of
Representatives.
SEC. 103. ASSISTANT UNITED STATES TRADE REPRESENTATIVE FOR SMALL
BUSINESS.
Section 141(c) of the Trade Act of 1974 (19 U.S.C. 2171(c)) is
amended by adding at the end the following:
``(6)(A) There is established within the Office the position of
Assistant United States Trade Representative for Small Business, which
shall be appointed by the United States Trade Representative.
``(B) The Assistant United States Trade Representative for Small
Business shall--
``(i) promote the trade interests of small businesses,
including manufacturers;
``(ii) identify and address foreign trade barriers that
impede small business exporters;
``(iii) enforce existing trade agreements beneficial to
small businesses;
``(iv) maintain an open line of communication with the
Small Business Administration concerning small business trade
issues;
``(v) ensure that small business concerns are considered in
trade negotiations and agreements; and
``(vi) perform such other duties as the United States Trade
Representative may direct.
``(C) The Assistant United States Trade Representative for Small
Business shall be paid at the level of a member of the Senior Executive
Service with equivalent time and service.''.
TITLE II--SMALL BUSINESS ADMINISTRATION
Subtitle A--Manufacturing and Entrepreneurial Development
SEC. 201. SMALL BUSINESS MANUFACTURING TASK FORCE.
(a) Establishment.--The Administrator of the Small Business
Administration (referred to in this subtitle as the ``Administrator'')
shall establish a Small Business Manufacturing Task Force (referred to
in this section as the ``Task Force'') to address the concerns of small
manufacturers.
(b) Membership.--
(1) In general.--The Task Force shall be composed of a
representative from--
(A) the Office of Capital Access;
(B) the Office of Entrepreneurial Development;
(C) the Office of Administration and Management;
(D) the Office of Government Contracting and
Business Development; and
(E) any other employee of the Small Business
Administration, on a temporary basis, as determined
necessary by the Administrator to carry out the goals
of the Task Force.
(2) Chair.--The Administrator shall assign a member of the
Task Force to serve as chair of the Task Force.
(c) Duties.--The Task Force shall--
(1) evaluate and identify whether programs and services are
sufficient to serve the needs of small manufacturers;
(2) ensure that the Small Business Administration
implements the small business manufacturing training programs
established under section 202;
(3) actively promote the programs and services of the Small
Business Administration that serve small manufacturers; and
(4) identify and study the unique conditions facing small
manufacturers and develop and propose policy initiatives to
support and assist small manufacturers.
(d) Meetings.--
(1) Frequency.--The Task Force shall meet not less than 4
times per year, and more frequently if necessary to perform its
duties.
(2) Quorum.--A majority of the members of the Task Force
shall constitute a quorum to approve recommendations or
reports.
(e) Personnel Matters.--
(1) Compensation of members.--Each member of the Task Force
shall serve without compensation in addition to that received
for services rendered as an officer or employee of the United
States.
(2) Detail of sba employees.--Any employee of the Small
Business Administration may be detailed to the Task Force
without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(f) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Task Force shall submit a report
containing the findings and recommendations of the task force to--
(1) the President;
(2) the Committee on Small Business and Entrepreneurship of
the Senate; and
(3) the Committee on Small Business of the House of
Representatives.
SEC. 202. ENTREPRENEURIAL DEVELOPMENT PROGRAMS AND SERVICES.
(a) Manufacturing Outreach and Training Programs.--The Office of
Entrepreneurial Development of the Small Business Administration shall
develop new outreach and training programs for small manufacturers and
small businesses in the manufacturing supply chain, in partnership with
1 or more of the following:
(1) The Manufacturing Extension Partnership.
(2) Community economic development organizations.
(3) Small Business Development Centers.
(4) The Service Corps of Retired Executives.
(5) Women's Business Centers.
(b) Reporting Requirement.--The Small Business Administration shall
include ``manufacturing'' as a category on the scorecard that tracks
the goals of the Small Business Administration on its annual
performance report to Congress.
(c) Manufacturing Workshops.--The Office of Entrepreneurial
Development of the Small Business Administration, in consultation with
manufacturing and economic development organizations, shall develop
workshops to be conducted by district offices, in conjunction with the
entities listed in paragraphs (1) through (5) of subsection (a),
addressing--
(1) product design and testing;
(2) the patent process;
(3) prototype demonstrations;
(4) product production;
(5) market research; and
(6) business financing.
(d) SCORE.--The Service Corps of Retired Executives shall--
(1) make their counseling services available to small
manufacturers and exporters through their on-line counseling
services and community-based offices;
(2) recruit counselors with manufacturing and international
trade expertise; and
(3) develop additional partnerships with manufacturing and
exporting organizations.
(e) Entrepreneurial Development Program Improvements.--The Office
of Entrepreneurial Development of the Small Business Administration
shall develop programs and services to strengthen small business
vendors and suppliers that participate in the manufacturing supply
chain.
(f) Simplified Reporting Requirements.--The Small Business
Administration shall review and simplify, as appropriate, its reporting
requirements for the Small Business Development Centers, the Service
Corps of Retired Executives, and Women's Business Centers so that these
organizations can maximize the time spent assisting their clients.
(g) District Offices.--The Small Business Administration shall
provide district offices with adequate resources, including budget
allocations for travel and materials used to conduct outreach and
training activities.
Subtitle B--Small Business Loan Programs
SEC. 211. INCREASED LOAN AMOUNTS FOR EXPORTERS.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by inserting before the
semicolon at the end the following: ``and paragraph
(14)''; and
(B) in subparagraph (B), by striking ``$1,250,000''
and inserting ``$1,300,000''; and
(2) in paragraph (14), by adding at the end the following:
``(D) The total amount of financings under this paragraph
that are outstanding and committed (by participation or
otherwise) to the borrower from the business loan and
investment fund established under this Act may not exceed
$1,300,000 and the gross loan amount under this paragraph may
not exceed $2,600,000.''.
SEC. 212. DEBENTURE SIZE.
Section 502(2) of the Small Business Investment Act of 1958 (15
U.S.C. 696(2)) is amended--
(1) by striking ``$1,300,000'' and inserting
``$2,000,000''; and
(2) by inserting before the period at the end the
following: ``, and loans for which the loan proceeds will be
directed toward manufacturing projects, which shall be limited
to $4,000,000 for each such identifiable small business
concern''.
SEC. 213. JOB CREATION OR RETENTION STANDARDS.
Section 501 of the Small Business Investment Act of 1958 (15 U.S.C.
695) is amended by adding at the end the following:
``(e) Job Creation or Retention for Manufacturing Projects.--A
manufacturing project being funded by the debenture is deemed to
satisfy the job creation or retention requirement under subsection
(d)(1) if the project creates or retains 1 job opportunity for every
$100,000 guaranteed by the Administration.''.
SEC. 214. CLARIFICATION OF MAXIMUM SURETY BOND GUARANTEE.
Section 411(a)(1) of the Small Business Investment Act of 1958 (15
U.S.C. 694b(a)(1)) is amended by striking ``contract up to'' and
inserting ``total work order or contract amount at the time of bond
execution that does not exceed''.
Subtitle C--International Trade
SEC. 221. OFFICE OF INTERNATIONAL TRADE.
Section 22 of the Small Business Act (15 U.S.C. 649) is amended--
(1) by striking ``Sec. 22'' and inserting the following:
``SEC. 22. OFFICE OF INTERNATIONAL TRADE.'';
(2) in subsection (a)--
(A) by inserting ``Establishment.--'' after
``(a)''; and
(B) by inserting ``(referred to in this section as
the `Office'),'' after ``Trade'';
(3) in subsection (b)--
(A) by striking ``The Office'' and inserting the
following:
``(b) Trade Distribution Network.--The Office, including United
States Export Assistance Centers (referred to as `one-stop shops' in
section 2301(b)(8) of the Omnibus Trade and Competitiveness Act of 1988
(15 U.S.C. 4721(b)(8)) and as `Export Centers' in this section),''; and
(B) by amending paragraph (1) to read as follows:
``(1) assist in maintaining a distribution network using
regional and local offices of the Administration, the Small
Business Development Center network, the Women's Business
Center network, and Export Centers for--
``(A) trade promotion;
``(B) trade finance;
``(C) trade adjustment;
``(D) trade remedy assistance; and
``(E) trade data collection.'';
(4) in subsection (c)--
(A) by redesignating paragraphs (1) through (8) as
paragraphs (2) through (9);
(B) by inserting before paragraph (2), as
redesignated, the following:
``(1) establish annual goals within the Office relating
to--
``(A) enhancing the exporting ability of small
business concerns and small manufacturers;
``(B) facilitating technology transfers;
``(C) enhancing programs and services to assist
small business concerns and small manufacturers to
compete effectively and efficiently against foreign
entities;
``(D) increasing the access to capital by small
business concerns;
``(E) disseminating information concerning Federal,
State, and private programs and initiatives;
``(F) ensuring that the interests of small business
concerns are adequately represented in trade
negotiations;'';
(C) in paragraph (2), as redesignated, by striking
``mechanism for'' and all that follows through ``(D)''
and inserting the following: ``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)''; and
(D) in paragraph (9), as redesignated--
(i) by striking ``full-time export
development specialists to each Administration
regional office and assigning'';
(ii) by striking ``office. Such
specialists'' and inserting ``office and
providing each Administration regional office
with a full-time export development specialist,
who'';
(iii) in subparagraph (D), by striking
``and'' at the end;
(iv) in subparagraph (E), by striking the
period at the end and inserting a semicolon;
and
(v) by adding at the end the following:
``(F) participate jointly with employees of the
Office in an annual training program that focuses on
current small business needs for exporting; and
``(G) jointly develop and conduct training programs
for exporters and lenders in cooperation with the
United States Export Assistance Centers, the Department
of Commerce, Small Business Development Centers, and
other relevant Federal agencies.'';
(5) in subsection (d)--
(A) by inserting ``Export Financing Programs.--''
after ``(d)'';
(B) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E); and
(C) by striking ``To accomplish this goal, the
Office shall work'' and inserting ``To accomplish this
goal, the Office shall--
``(1) designate at least 1 individual within the
Administration as a trade financial specialist to oversee the
international loan programs and assist Administration employees
with trade finance issues; and
``(2) work'';
(6) in subsection (e), by inserting ``Trade Remedies.--''
after ``(e)'';
(7) by amending subsection (f) to read as follows:
``(f) Reporting Requirement.--The Office 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--
``(1) a description of the progress of the Office in
implementing the requirements under this section;
``(2) the destinations and benefits to the Administration
and to small business concerns of travel by Office staff; and
``(3) a description of the participation by the Office in
trade negotiations.'';
(8) in subsection (g),byinserting``Studies.--''
after ``(g)''; and
(9) by adding at the end the following:
``(h) Export Assistance Centers.--
``(1) Additional centers.--The Administration, in
accordance with the March 29, 2002, agreement with the
Department of Commerce and the Export-Import Bank, shall assign
not less than 4 additional employees to Export Centers during
each of the fiscal years 2004 through 2006.
``(2) Placement.--The Administration shall use the resource
allocation methodology, used by the Department of Commerce as
of the date of enactment of this subsection, to strategically
assign Administration employees to all Export Centers based on
the needs of exporters.
``(3) Goals.--The Office shall work with the Department of
Commerce and the Export-Import Bank to establish shared annual
goals for the Export Centers.
``(4) Oversight.--The Office shall designate an individual
within the Administration to oversee all activities conducted
by Administration employees assigned to Export Centers.''.
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