[Congressional Record Volume 164, Number 158 (Tuesday, September 25, 2018)]
[House]
[Pages H8813-H8815]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            SMALL BUSINESS INNOVATION PROTECTION ACT OF 2017

  Mr. CHABOT. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 791) to amend the Small Business Act to expand intellectual 
property education and training for small businesses, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 791

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Business Innovation 
     Protection Act of 2017''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``Administrator'' means the Administrator of 
     the SBA;
       (2) the term ``Director'' means the Under Secretary of 
     Commerce for Intellectual Property and Director of the USPTO;

[[Page H8814]]

       (3) the term ``SBA'' means the Small Business 
     Administration;
       (4) the term ``small business concern'' has the meaning 
     given the term in section 3(a) of the Small Business Act (15 
     U.S.C. 632(a));
       (5) the term ``small business development center'' means a 
     center described in section 21 of the Small Business Act (15 
     U.S.C. 648); and
       (6) the term ``USPTO'' means the United States Patent and 
     Trademark Office.

     SEC. 3. FINDINGS.

       Congress finds that--
       (1) the USPTO and the SBA are positioned to--
       (A) build upon several successful intellectual property and 
     training programs aimed at small business concerns; and
       (B) increase the availability of and the participation in 
     the programs described in subparagraph (A) across the United 
     States; and
       (2) any education and training program administered by the 
     USPTO and the SBA should be scalable so that the program is 
     able to reach more small business concerns.

     SEC. 4. SBA AND USPTO PARTNERSHIPS.

       (a) In General.--Beginning not later than 180 days after 
     the date of enactment of this Act, the Administrator, in 
     consultation with the Director, shall develop partnership 
     agreements that--
       (1) provide for the--
       (A) development of high-quality training, including in-
     person or modular training sessions, for small business 
     concerns relating to domestic and international protection of 
     intellectual property;
       (B) leveraging of training materials already developed for 
     the education of inventors and small business concerns; and
       (C) participation of a nongovernmental organization; and
       (2) provide training--
       (A) through electronic resources, including Internet-based 
     webinars; and
       (B) at physical locations, including--
       (i) a small business development center; and
       (ii) the headquarters or a regional office of the USPTO.

     SEC. 5. SMALL BUSINESS DEVELOPMENT CENTERS.

       Section 21(c)(3) of the Small Business Act (15 U.S.C. 
     648(c)(3)) is amended--
       (1) in subparagraph (S), by striking ``and'' at the end;
       (2) in subparagraph (T), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(U) in conjunction with the United States Patent and 
     Trademark Office, providing training--
       ``(i) to small business concerns relating to--
       ``(I) domestic and international intellectual property 
     protections; and
       ``(II) how the protections described in subclause (I) 
     should be considered in the business plans and growth 
     strategies of the small business concerns; and
       ``(ii) that may be delivered--
       ``(I) in person; or
       ``(II) through a website.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio (Mr. Chabot) and the gentlewoman from New York (Ms. Velazquez) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Ohio.


                             General Leave

  Mr. CHABOT. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of S. 791, the Small Business 
Innovation Protection Act of 2017.
  As small-business entrepreneurs continue to expand both here and 
abroad, they must have the tools they need to protect their 
intellectual property. However, the process for obtaining intellectual 
property protections both in the U.S. and abroad can be daunting, even 
for the most experienced small-business owner.
  We must ensure that small-business owners have the tools they need to 
protect their innovative ideas and products, as intellectual property 
protections are essential to promoting entrepreneurship and innovation.
  Small-business owners often do not have the resources to protect 
their ideas and products, especially when they are competing in the 
international marketplace. Most simply cannot afford to retain 
attorneys to guide them through the difficult process of obtaining 
intellectual property protections, which leaves them vulnerable to 
their innovative ideas and products being stolen both here in the 
United States and internationally.
  This legislation addresses this issue by developing a partnership 
between the Small Business Administration, the SBA, and the United 
States Patent and Trademark Office, USPTO, giving entrepreneurs the 
full breadth of knowledge of a Small Business Development Center system 
and the USPTO.
  The bill utilizes existing resources at both agencies to better 
assist small-business owners and expand their outreach efforts to 
provide small businesses with the resources they need to address 
intellectual property issues.
  Considering the important role that small-business entrepreneurs play 
in our global marketplace, it is our responsibility to ensure that they 
have the resources they need to better protect their intellectual 
property.
  Mr. Speaker, I urge my colleagues to support this commonsense 
legislation, and I reserve the balance of my time.

                                         House of Representatives,


                                   Committee on the Judiciary,

                               Washington, DC, September 20, 2018.
     Hon. Steve Chabot,
     Chairman, Committee on Small Business,
     Washington, DC.
       Dear Chairman Chabot, I write with respect to S. 791, the 
     ``Small Business Innovation Protection Act.'' As a result of 
     your having consulted with us on provisions within S. 791 
     that fall within the Rule X jurisdiction of the Committee on 
     the Judiciary, I forego any further consideration of this 
     bill so that it may proceed expeditiously to the House floor 
     for consideration.
       The Judiciary Committee takes this action with our mutual 
     understanding that by foregoing consideration of S. 791 at 
     this time, we do not waive any jurisdiction over subject 
     matter contained in this or similar legislation and that our 
     committee will be appropriately consulted and involved as 
     this bill or similar legislation moves forward so that we may 
     address any remaining issues in our jurisdiction. Our 
     committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation and asks 
     that you support any such request.
       I would appreciate a response to this letter confirming 
     this understanding with respect to S. 791 and would ask that 
     a copy of our exchange of letters on this matter be included 
     in the Congressional Record during floor consideration of S. 
     791.
           Sincerely,
                                                    Bob Goodlatte,
     Chairman.
                                  ____

                                         House of Representatives,


                                  Committee on Small Business,

                               Washington, DC, September 20, 2018.
     Hon. Bob Goodlatte,
     Chairman, Committee on the Judiciary,
     House of Representatives, Washington, DC.
       Dear Chairman Goodlatte: In reference to your letter of 
     September 20, 2018, I write to confirm our mutual 
     understanding regarding S. 791, the ``Small Business 
     Innovation Protection Act of 2017.''
       I appreciate the House Committee on the Judiciary's waiver 
     of consideration of provisions under its jurisdiction and its 
     subject matter as specified in your letter. I acknowledge 
     that the waiver was granted only to expedite floor 
     consideration of S. 791 and does not in any way waive or 
     diminish the House Committee on the Judiciary's 
     jurisdictional interests over this or similar legislation. I 
     will support a request from the House Committee on the 
     Judiciary for appointment to any House-Senate conference on 
     S. 791 or similar legislation.
       Again, thank you for your assistance with these matters.
           Sincerely,
                                                     Steve Chabot,
                                                         Chairman.

  Ms. VELAZQUEZ. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of S. 791, the Small Business 
Innovation Protection Act of 2017.
  Innovation is an indispensable element driving economic growth and 
ensuring America's competitive edge in the global marketplace. In fact, 
it is so important that studies show the IP industry supports an 
estimated 30 percent of all jobs and contributes over $6 trillion to 
U.S. GDP.
  While many entrepreneurs understand the benefits of holding IP 
rights, just as many do not know where to start or how to protect their 
ideas overseas. The USPTO reported that just 15 percent of small 
businesses that conduct overseas business understand they need to file 
for IP protection abroad.
  This bill addresses the problem by creating a partnership between the 
two agencies best suited to take on this mission: the SBA and USPTO.
  By leveraging existing IP education and training programs, and 
utilizing the immense network of SBDCs, small firms will have all the 
resources to better protect their interests both domestically and 
internationally.

[[Page H8815]]

  I applaud Senator Peters and Representative Evans for recognizing the 
problem and working to advance the interests of our Nation's small 
businesses.
  Mr. Speaker, I urge Members to vote ``yes,'' and I reserve the 
balance of my time.
  Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 791 is the Senate counterpart to legislation 
spearheaded on the House side by Mr. Evans and Mr. Fitzpatrick, both of 
Pennsylvania. Once again, it is bipartisan legislation coming out of 
the Small Business Committee.
  That bill, H.R. 2655, was also reported unanimously out of our 
committee this spring. I commend them on their work on this important 
issue.
  This legislation helps small businesses receive better access to 
education and training opportunities both domestically and abroad.
  A partnership between the Small Business Administration and the USPTO 
would help more small-business owners learn how they can use 
intellectual property to protect their ideas and products. This 
important partnership between the two agencies will help to reach more 
small-business owners and better prepare them for doing business both 
here and abroad.
  It is vital that small-business owners have as many tools and 
resources as possible to help protect their innovative ideas from 
intellectual property theft.
  Mr. Speaker, I urge my colleagues to support this bipartisan 
legislation, and I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Speaker, in line with the bills we are debating 
today, this recognizes the special place small firms have in America's 
economy and provides them a simple tool to protect themselves and their 
ideas.
  Today's bill leverages the current role of the USPTO and SBA to 
educate and protect innovative entrepreneurs at home and abroad. Doing 
so is paramount to remaining the global leader in innovation.
  Mr. Speaker, I urge Members to support this bill.
  Mr. Speaker, I would like to take this opportunity to thank the 
ranking member--the chairman, Mr. Chabot, and the staff of both the 
minority and the majority side. It has been a great pleasure working on 
these nine bills.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CHABOT. Mr. Speaker, I would just advise the gentlewoman not to 
get ahead of herself there. It ain't happened yet, and I don't think it 
is going to happen. But nonetheless, we have had a wonderful working 
relationship over the years. I have been the chair; I have been the 
ranking member. The gentlewoman from New York has been the chair and 
the ranking member. We would like to keep it just the way it is now, 
but we will see in about 6 weeks.
  Mr. Speaker, I have already given the closing statement, so I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio (Mr. Chabot) that the House suspend the rules and 
pass the bill, S. 791.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________