II 

108TH CONGRESS 

1ST SESSION S. 1884

To assure a healthy American manufacturing sector, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2003

Mr. DASCHLE (for Mr. KERRY) introduced the following bill; which was read 

twice and referred to the Committee on Finance 

A BILL

To assure a healthy American manufacturing sector, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhance Domestic 

5 Manufacturing and Worker Assistance Act of 2003’’. 

6 TITLE I—EXTENSION AND EX7 PANSION OF TRADE ADJUST8 MENT ASSISTANCE 

9 SEC. 101. EXTENSION FOR WORKERS AND FIRMS. 

10 (a) IN GENERAL.—Section 285(a) and (b)(1) and (2) 

11 of the Trade Act of 1974 (19 U.S.C. 2271 note) are 
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1 amended by striking ‘‘September 30, 2007’’ each place it 

2 appears and inserting ‘‘September 30, 2012’’. 

3 (b) AUTHORIZATION.—

4 (1) WORKERS.—Section 245 of the Trade Act 

5 of 1974 (19 U.S.C. 2317) is amended by striking 

6 ‘‘September 30, 2007’’ and inserting ‘‘September 

7 30, 2012’’. 

8 (2) FIRMS.—

9 (A) IN GENERAL.—Section 256(b) of the 

10 Trade Act of 1974 (19 U.S.C. 2346(b)) is 

11 amended—

12 (i) by striking ‘‘$16,000,000’’ and in13 serting ‘‘$32,000,000’’; and 

14 (ii) by striking ‘‘2007’’ and inserting 

15 ‘‘2012’’. 

16 (B) EXPANSION OF LOANS.—Section 

17 255(h) of such Act (19 U.S.C. 2345) is amend18 ed—

19 (i) in paragraph (1), by striking 

20 ‘‘$3,000,000’’ and inserting ‘‘$6,000,000’’; 

21 and 

22 (ii) in paragraph (2), by striking 

23 ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’. 
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1 (3) FARMERS.—Section 298(a) of the Trade 

2 Act of 1974 (19 U.S.C. 2401g) is amended by strik3 ing ‘‘2007’’ and inserting ‘‘2012’’. 

4 (c) FISHERMEN.—Notwithstanding any other provi5 sion of law, for purposes of chapter 2 of title II of the 

6 Trade Act of 1974 (19 U.S.C. 2271 et seq.) fishermen 

7 who harvest wild stock shall be eligible for adjustment as8 sistance to the same extent and in the same manner as 

9 a group of workers under such chapter 2. 

10 SEC. 102. TRADE ADJUSTMENT ASSISTANCE FOR COMMU11 NITIES. 

12 (a) IN GENERAL.—Chapter 4 of title II of the Trade 

13 Act of 1974 (19 U.S.C. 2371 et seq.) is amended to read 

14 as follows: 

15 ‘‘CHAPTER 4—TRADE ADJUSTMENT 

16 ASSISTANCE FOR COMMUNITIES 

17 ‘‘SEC. 271. DEFINITIONS. 

18 ‘‘In this chapter: 

19 ‘‘(1) AFFECTED DOMESTIC PRODUCER.—The 

20 term ‘affected domestic producer’ means any manu21 facturer, producer, farmer, rancher, fisherman or 

22 worker representative (including associations of such 

23 persons) that was affected by a finding under the 

24 Antidumping Act of 1921, or by an antidumping or 
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1 countervailing duty order issued under title VII of 

2 the Tariff Act of 1930. 

3 ‘‘(2) AGRICULTURAL COMMODITY PRODUCER.—

4 The term ‘agricultural commodity producer’ has the 

5 same meaning as the term ‘person’ as prescribed by 

6 regulations promulgated under section 1001(5) of 

7 the Food Security Act of 1985 (7 U.S.C. 1308(5)). 

8 ‘‘(3) COMMUNITY.—The term ‘community’ 

9 means a city, county, or other political subdivision of 

10 a State or a consortium of political subdivisions of 

11 a State that the Secretary certifies as being nega12 tively impacted by trade. 

13 ‘‘(4) COMMUNITY NEGATIVELY IMPACTED BY

14 TRADE.—A community negatively impacted by trade 

15 means a community with respect to which a deter16 mination has been made under section 273. 

17 ‘‘(5) ELIGIBLE COMMUNITY.—The term ‘eligible 

18 community’ means a community certified under sec19 tion 273 for assistance under this chapter. 

20 ‘‘(6) FISHERMAN.—

21 ‘‘(A) IN GENERAL.—The term ‘fisherman’ 

22 means any person who—

23 ‘‘(i) is engaged in commercial fishing; 

24 or 

25 ‘‘(ii) is a United States fish processor. 
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1 ‘‘(B) COMMERCIAL FISHING, FISH, FISH2 ERY, FISHING, FISHING VESSEL, PERSON, AND

3 UNITED STATES FISH PROCESSOR.—The terms 

4 ‘commercial fishing’, ‘fish’, ‘fishery’, ‘fishing’, 

5 ‘fishing vessel’, ‘person’, and ‘United States fish 

6 processor’ have the same meanings as such 

7 terms have in the Magnuson-Stevens Fishery 

8 Conservation and Management Act (16 U.S.C. 

9 1802). 

10 ‘‘(7) JOB LOSS.—The term ‘job loss’ means the 

11 total or partial separation of an individual, as those 

12 terms are defined in section 247. 

13 ‘‘(8) SECRETARY.—The term ‘Secretary’ means 

14 the Secretary of Commerce. 

15 ‘‘SEC. 272. COMMUNITY TRADE ADJUSTMENT ASSISTANCE 

16 PROGRAM. 

17 ‘‘(a) ESTABLISHMENT.—Within 6 months after the 

18 date of enactment of the Enhance Domestic Manufac19 turing and Worker Assistance Act of 2003, the Secretary 

20 shall establish a Trade Adjustment Assistance for Com21 munities Program at the Department of Commerce. 

22 ‘‘(b) PERSONNEL.—The Secretary shall designate 

23 such staff as may be necessary to carry out the respon24 sibilities described in this chapter.
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1 ‘‘(c) COORDINATION OF FEDERAL RESPONSE.—The 

2 Secretary shall—

3 ‘‘(1) provide leadership, support, and coordina4 tion for a comprehensive management program to 

5 address economic dislocation in eligible communities; 

6 ‘‘(2) coordinate the Federal response to an eli7 gible community—

8 ‘‘(A) by identifying all Federal, State, and 

9 local resources that are available to assist the 

10 eligible community in recovering from economic 

11 distress; 

12 ‘‘(B) by ensuring that all Federal agencies 

13 offering assistance to an eligible community do 

14 so in a targeted, integrated manner that en15 sures that an eligible community has access to 

16 all available Federal assistance; 

17 ‘‘(C) by assuring timely consultation and 

18 cooperation between Federal, State, and re19 gional officials concerning economic adjustment 

20 for an eligible community; and 

21 ‘‘(D) by identifying and strengthening ex22 isting agency mechanisms designed to assist eli23 gible communities in their efforts to achieve 

24 economic adjustment and workforce reemploy25 ment; 
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1 ‘‘(3) provide comprehensive technical assistance 

2 to any eligible community in the efforts of that com3 munity to—

4 ‘‘(A) identify serious economic problems in 

5 the community that are the result of negative 

6 impacts from trade;

7 ‘‘(B) integrate the major groups and orga8 nizations significantly affected by the economic 

9 adjustment; 

10 ‘‘(C) access Federal, State, and local re11 sources designed to assist in economic develop12 ment and trade adjustment assistance; 

13 ‘‘(D) diversify and strengthen the commu14 nity economy; and 

15 ‘‘(E) develop a community-based strategic 

16 plan to address economic development and 

17 workforce dislocation, including unemployment 

18 among agricultural commodity producers, and 

19 fishermen; 

20 ‘‘(4) establish specific criteria for submission 

21 and evaluation of a strategic plan submitted under 

22 section 274(d); 

23 ‘‘(5) establish specific criteria for submitting 

24 and evaluating applications for grants under section 

25 275; and 
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1 ‘‘(6) administer the grant programs established 

2 under sections 274 and 275. 

3 ‘‘SEC. 273. CERTIFICATION AND NOTIFICATION. 

4 ‘‘(a) CERTIFICATION.—Not later than 45 days after 

5 an event described in subsection (c)(1), the Secretary of 

6 Commerce shall determine if a community described in 

7 subsection (b)(1) is negatively impacted by trade, and if 

8 a positive determination is made, shall certify the commu9 nity for assistance under this chapter. 

10 ‘‘(b) DETERMINATION THAT COMMUNITY IS ELIGI11 BLE.—

12 ‘‘(1) COMMUNITY DESCRIBED.—A community 

13 described in this paragraph means a community 

14 with respect to which—

15 ‘‘(A) the Secretary of Labor certifies a 

16 group of workers (or their authorized represent17 ative) in the community as eligible for assist18 ance pursuant to section 223; 

19 ‘‘(B) the Secretary of Commerce certifies a 

20 firm located in the community as eligible for 

21 adjustment assistance under section 251; 

22 ‘‘(C) the Secretary of Agriculture certifies 

23 a group of agricultural commodity producers 

24 (or their authorized representative) in the com-
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1 munity as eligible for adjustment assistance 

2 under section 293; 

3 ‘‘(D) an affected domestic producer is lo4 cated in the community; or 

5 ‘‘(E) the Secretary determines that a sig6 nificant number of fishermen in the community 

7 is negatively impacted by trade. 

8 ‘‘(2) NEGATIVELY IMPACTED BY TRADE.—The 

9 Secretary shall determine that a community is nega10 tively impacted by trade, after taking into consider11 ation—

12 ‘‘(A) the number of jobs affected compared 

13 to the size of workforce in the community; 

14 ‘‘(B) the severity of the rates of unemploy15 ment in the community and the duration of the 

16 unemployment in the community; 

17 ‘‘(C) the income levels and the extent of 

18 underemployment in the community; 

19 ‘‘(D) the outmigration of population from 

20 the community and the extent to which the out21 migration is causing economic injury in the 

22 community; and 

23 ‘‘(E) the unique problems and needs of the 

24 community. 

25 ‘‘(c) DEFINITION AND SPECIAL RULES.—
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1 ‘‘(1) EVENT DESCRIBED.—An event described 

2 in this paragraph means one of the following: 

3 ‘‘(A) A notification described in paragraph 

4 (2). 

5 ‘‘(B) A certification of a firm under section 

6 251. 

7 ‘‘(C) A finding under the Antidumping Act 

8 of 1921, or an antidumping or countervailing 

9 duty order issued under title VII of the Tariff 

10 Act of 1930. 

11 ‘‘(D) A determination by the Secretary 

12 that a significant number of fishermen in a 

13 community have been negatively impacted by 

14 trade. 

15 ‘‘(2) NOTIFICATION.—The Secretary of Labor, 

16 immediately upon making a determination that a 

17 group of workers is eligible for trade adjustment as18 sistance under section 223, (or the Secretary of Ag19 riculture, immediately upon making a determination 

20 that a group of agricultural commodity producers is 

21 eligible for adjustment assistance under section 293, 

22 as the case may be) shall notify the Secretary of 

23 Commerce of the determination. 

24 ‘‘(d) NOTIFICATION TO ELIGIBLE COMMUNITIES.—

25 Immediately upon certification by the Secretary of Com-
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1 merce that a community is eligible for assistance under 

2 subsection (b), the Secretary shall notify the community—

3 ‘‘(1) of the determination under subsection (b); 

4 ‘‘(2) of the provisions of this chapter; 

5 ‘‘(3) how to access the clearinghouse established 

6 by the Department of Commerce regarding available 

7 economic assistance; 

8 ‘‘(4) how to obtain technical assistance provided 

9 under section 272(c)(3); and 

10 ‘‘(5) how to obtain grants, tax credits, low in11 come loans, and other appropriate economic assist12 ance. 

13 ‘‘SEC. 274. STRATEGIC PLANS. 

14 ‘‘(a) IN GENERAL.—An eligible community may de15 velop a strategic plan for community economic adjustment 

16 and diversification and shall be eligible for assistance as 

17 provided for under section 275. 

18 ‘‘(b) REQUIREMENTS FOR STRATEGIC PLAN.—A 

19 strategic plan shall contain, at a minimum, the following: 

20 ‘‘(1) A description and justification of the ca21 pacity for economic adjustment, including the meth22 od of financing to be used. 

23 ‘‘(2) A description of the commitment of the 

24 community to the strategic plan over the long term 
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1 and the participation and input of groups affected 

2 by economic dislocation. 

3 ‘‘(3) A description of the projects to be under4 taken by the eligible community. 

5 ‘‘(4) A description of how the plan and the 

6 projects to be undertaken by the eligible community 

7 will lead to job creation and job retention in the 

8 community. 

9 ‘‘(5) A description of how the plan will achieve 

10 economic adjustment and diversification. 

11 ‘‘(6) A description of how the plan and the 

12 projects will contribute to establishing or maintain13 ing a level of public services necessary to attract and 

14 retain economic investment. 

15 ‘‘(7) A description and justification for the cost 

16 and timing of proposed basic and advanced infra17 structure improvements in the eligible community. 

18 ‘‘(8) A description of how the plan will address 

19 the occupational and workforce conditions in the eli20 gible community. 

21 ‘‘(9) A description of the educational programs 

22 available for workforce training and future employ23 ment needs. 

24 ‘‘(10) A description of how the plan will adapt 

25 to changing markets and business cycles. 
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1 ‘‘(11) A description and justification for the 

2 cost and timing of the total funds required by the 

3 community for economic assistance. 

4 ‘‘(12) A graduation strategy through which the 

5 eligible community demonstrates that the community 

6 will terminate the need for Federal assistance. 

7 ‘‘(c) GRANTS TO DEVELOP STRATEGIC PLANS.—The 

8 Secretary, upon receipt of an application from an eligible 

9 community, may award a grant to that community to be 

10 used to develop and implement the strategic plan. 

11 ‘‘(d) SUBMISSION OF PLAN.—A strategic plan devel12 oped under subsection (a) shall be submitted to the Sec13 retary for evaluation and approval. 

14 ‘‘SEC. 275. GRANTS FOR ECONOMIC DEVELOPMENT. 

15 ‘‘(a) IN GENERAL.—The Secretary, upon approval of 

16 a strategic plan from an eligible community, may award 

17 a grant to that community to carry out any project or 

18 program that is certified by the Secretary to be included 

19 in the strategic plan approved under section 274(d), or 

20 consistent with that plan. 

21 ‘‘(b) ADDITIONAL GRANTS.—Subject to paragraph 

22 (2), in order to assist eligible communities to obtain funds 

23 under Federal grant programs, other than the grants pro24 vided for in section 274(c) or subsection (a), the Secretary 
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1 may, on the application of an eligible community, make 

2 a supplemental grant to the community if—

3 ‘‘(1) the purpose of the grant program from 

4 which the grant is made is to provide technical or 

5 other assistance for planning, constructing, or equip6 ping public works facilities or to provide assistance 

7 for public service projects; and 

8 ‘‘(2) the grant is 1 for which the community is 

9 eligible except for the community’s inability to meet 

10 the non-Federal share requirements of the grant 

11 program. 

12 ‘‘(c) RURAL COMMUNITY PREFERENCE.—The Sec13 retary shall develop guidelines to ensure that rural com14 munities receive preference in the allocation of resources. 

15 ‘‘SEC. 276. GENERAL PROVISIONS. 

16 ‘‘(a) REGULATIONS.—The Secretary shall prescribe 

17 such regulations as are necessary to carry out the provi18 sions of this chapter. Not later than 60 days before imple19 menting any regulation or guideline proposed by the Sec20 retary with respect to this chapter, the Secretary shall 

21 submit the regulation or guideline to the Committee on 

22 Finance of the Senate and the Committee on Ways and 

23 Means of the House of Representatives for approval. 

24 ‘‘(b) SUPPLEMENT NOT SUPPLANT.—Funds appro25 priated under this chapter shall be used to supplement and
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1 not supplant other Federal, State, and local public funds 

2 expended to provide economic development assistance for 

3 communities. 

4 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to the Secretary to carry 

6 out this chapter amounts as follows: 

7 ‘‘(1) For fiscal year 2005, $350,000,000. 

8 ‘‘(2) For each of fiscal years 2006 through 

9 2015, the amount authorized to be appropriated by 

10 this subsection for the preceding fiscal year in11 creased by a percentage equal to the percentage by 

12 which—

13 ‘‘(A) the Consumer Price Index (all items, 

14 United States city average) for the 12-month 

15 period ending on the August 31 of such pre16 ceding fiscal year, exceeds 

17 ‘‘(B) such Consumer Price Index for the 

18 12-month period preceding the 12-month period 

19 described in subparagraph (A). Amounts appro20 priated pursuant to this subsection shall remain 

21 available until expended.’’. 

22 (b) CONFORMING AMENDMENTS.—

23 (1) TERMINATION.—Section 285(b) of the 

24 Trade Act of 1974 (19 U.S.C. 2271 note) is amend-
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1 ed by adding at the end the following new para2 graph: 

3 ‘‘(3) ASSISTANCE FOR COMMUNITIES.—Tech4 nical assistance and other payments may not be pro5 vided under chapter 4 after September 30, 2015.’’. 

6 (2) TABLE OF CONTENTS.—The table of con7 tents for title II of the Trade Act of 1974 is amend8 ed by striking the items relating to chapter 4 of title 

9 II and inserting after the items relating to chapter 

10 3 the following new items:

‘‘CHAPTER 4—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

‘‘Sec. 271. Definitions. 

‘‘Sec. 272. Community Trade Adjustment Assistance Program. 

‘‘Sec. 273. Certification and notification. 

‘‘Sec. 274. Strategic plans. 

‘‘Sec. 275. Grants for economic development. 

‘‘Sec. 276. General provisions.’’.

11 (c) JUDICIAL REVIEW.—Section 284(a) of the Trade 

12 Act of 1974 (19 U.S.C. 2395(a)) is amended by striking 

13 ‘‘section 271’’ and inserting ‘‘section 273’’. 

14 (d) EFFECTIVE DATE.—The provisions of this sec15 tion shall take effect on October 1, 2004. 

16 SEC. 103. OFFICE OF TRADE ADJUSTMENT ASSISTANCE. 

17 (a) IN GENERAL.—Chapter 3 of title II of the Trade 

18 Act of 1974 (19 U.S.C. 2341 et seq.) is amended by in19 serting after section 255 the following new section: 
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1 ‘‘SEC. 255A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE. 

2 ‘‘(a) ESTABLISHMENT.—Not later than 90 days after 

3 the date of enactment of the Enhance Domestic Manufac4 turing and Worker Assistance Act of 2003, there shall be 

5 established in the International Trade Administration of 

6 the Department of Commerce an Office of Trade Adjust7 ment Assistance. 

8 ‘‘(b) PERSONNEL.—The Office shall be headed by a 

9 Director, and shall have such staff as may be necessary 

10 to carry out the responsibilities of the Secretary of Com11 merce described in this chapter. 

12 ‘‘(c) FUNCTIONS.—The Office shall assist the Sec13 retary of Commerce in carrying out the Secretary’s re14 sponsibilities under this chapter.’’. 

15 (b) CONFORMING AMENDMENT.—The table of con16 tents for the Trade Act of 1974 is amended by inserting 

17 after the item relating to section 255, the following new 

18 item:

‘‘Sec. 255A. Office of Trade Adjustment Assistance.’’.
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1 TITLE II—REAUTHORIZATION OF 

2 CERTAIN DEPARTMENT OF 

3 COMMERCE PARTNERSHIP 

4 PROGRAMS 

5 SEC. 201. MANUFACTURING EXTENSION PARTNERSHIP 

6 PROGRAM. 

7 (a) IN GENERAL.—There is authorized to be appro8 priated for the National Institute of Standards and Tech9 nology for the Manufacturing Extension Partnership Pro10 gram amounts as follows: 

11 (1) For fiscal year 2005, $212,000,000. 

12 (2) For fiscal year 2006, $272,000,000. 

13 (3) For fiscal year 2007, $332,000,000. 

14 (4) For fiscal year 2008, $392,000,000. 

15 (5) For fiscal year 2009, $452,000,000. 

16 (6) For fiscal year 2010, $512,000,000. 

17 (7) For fiscal year 2011, $572,000,000. 

18 (8) For fiscal year 2012, $632,000,000. 

19 (9) For fiscal year 2013, $692,000,000. 

20 (10) For fiscal year 2014, $752,000,000. 

21 (11) For fiscal year 2015, $812,000,000. 

22 (b) MANUFACTURING EXTENSION PARTNERSHIP

23 PROGRAM DEFINED.—In this section, the term ‘‘Manufac24 turing Extension Partnership Program’’ means the pro25 gram of Manufacturing Extension Partnership carried out 
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1 by the National Institute of Standards and Technology 

2 under section 26 of the National Institute of Standards 

3 and Technology Act (15 U.S.C. 278l), as provided in part 

4 292 of title 15, Code of Federal Regulations. 

5 SEC. 202. ADVANCED TECHNOLOGY PROGRAM. 

6 There are authorized to be appropriated for the Na7 tional Institute of Standards and Technology for carrying 

8 out the Advanced Technology Program under section 28 

9 of the National Institute of Standards and Technology Act 

10 (15 U.S.C. 278n), $400,000,000 for each of fiscal years 

11 2004 through 2013. 

12 TITLE III—SMALL BUSINESS 

13 OFFICE 

14 SEC. 301. ESTABLISHMENT OF OFFICE. 

15 (a) IN GENERAL.—Chapter 4 of title I of the Trade 

16 Act of 1974 (19 U.S.C. 2171) is amended by adding after 

17 section 141, the following new section: 

18 ‘‘SEC. 141A. SMALL BUSINESS OFFICE. 

19 ‘‘(a) ESTABLISHMENT.—Not later than 90 days after 

20 the date of enactment of the Enhance Domestic Manufac21 turing and Worker Assistance Act of 2003, there shall be 

22 established in the Office of the United States Trade Rep23 resentative an Office of Small Business. 

24 ‘‘(b) PERSONNEL.—The Office shall be headed by a 

25 Director, and shall have such staff as may be necessary 
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1 to carry out the functions and responsibilities described 

2 in this section. 

3 ‘‘(c) FUNCTIONS.—The Office shall—

4 ‘‘(1) assist the United States Trade Represent5 ative in carrying out the Trade Representative’s re6 sponsibilities under this chapter; and 

7 ‘‘(2) ensure that small business manufacturing 

8 issues are taken into consideration in carrying out 

9 those responsibilities.’’. 

10 (b) CONFORMING AMENDMENT.—The table of con11 tents for the Trade Act of 1974 is amended by inserting 

12 after the item relating to section 141, the following new 

13 item:

‘‘Sec. 141A. Office of Small Business.’’.

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