[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.''.
                                 <all>