II 

111TH CONGRESS 

2D SESSION S. 3103 

To help small businesses create new jobs and drive our Nation’s economic 

recovery. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2010 

Ms. SNOWE introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To help small businesses create new jobs and drive our 

Nation’s economic recovery. 

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 ‘‘Small Business Job 

5 Creation Act of 2010’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—SMALL BUSINESS TAX REFORM 

Sec. 101. Extension of increase in expensing of certain depreciable business assets. 


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Sec. 102. Increased exclusion and other modifications applicable to qualified 

small business stock. 

TITLE II—ACCESS TO CAPITAL 

Sec. 201. Short title. 

Subtitle A—Next Steps for Main Street Credit Availability 

Sec. 221. Section 7(a) business loans. 

Sec. 222. Maximum loan amounts under 504 program. 

Sec. 223. Maximum loan limits under microloan program. 

Sec. 224. New Markets Venture Capital company investment limitations. 

Sec. 225. Alternative size standards. 

Sec. 226. Sale of 7(a) loans in secondary market. 

Sec. 227. Online lending platform. 

Subtitle B—Small Business Access to Capital 

Sec. 228. Low-interest refinancing under the local development business loan 

program. 

TITLE III—SMALL BUSINESS EXPORTING 

Sec. 301. Short title. 

Sec. 302. Definitions. 

Sec. 303. Office of International Trade. 

Sec. 304. Duties of the Office of International Trade. 

Sec. 305. Export assistance centers. 

Sec. 306. International trade finance programs. 

Sec. 307. State Trade and Export Promotion Grant Program. 

Sec. 308. Rural export promotion. 

Sec. 309. International trade cooperation by small business development centers. 

TITLE IV—SMALL BUSINESS REGULATORY REFORM 

Sec. 401. Short title. 

Sec. 402. Findings. 

Sec. 403. Job impact statement for reported bills and joint resolutions. 

Sec. 404. Clarification and expansion of rules covered by the Regulatory Flexibility Act. 

Sec. 405. Requirements providing for more detailed analyses. 

Sec. 406. Periodic review of rules. 

Sec. 407. Office of Advocacy. 

Sec. 408. Clerical amendments. 

TITLE V—OTHER PROVISIONS 

Sec. 501. Funds for SBDCs. 

Sec. 502. Temporary waiver authority for women’s business center program. 

TITLE VI—FUNDING 

Sec. 601. Offset. 

Sec. 602. Emergency designation. 


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1 TITLE I—SMALL BUSINESS TAX 

2 REFORM 

3 SEC. 101. EXTENSION OF INCREASE IN EXPENSING OF CER4 TAIN DEPRECIABLE BUSINESS ASSETS. 

5 (a) IN GENERAL.—Subsection (b) of section 179 of 

6 the Internal Revenue Code of 1986 is amended— 

7 (1) by striking ‘‘($125,000 in the case of tax8 able years beginning after 2006 and before 2011)’’ 

9 in paragraph (1) and inserting ‘‘($250,000 in the 

10 case of taxable years beginning after 2007 and be11 fore 2015)’’, 

12 (2) by striking ‘‘($500,000 in the case of tax13 able years beginning after 2006 and before 2011)’’ 

14 in paragraph (2) and inserting ‘‘($800,000 in the 

15 case of taxable years beginning after 2007 and be16 fore 2015)’’, 

17 (3) by striking paragraphs (5) and (7), and 

18 (4) by redesignating paragraph (6) as para19 graph (5). 

20 (b) EXTENSION OF EXPENSING OF COMPUTER SOFT21 WARE.—Section 179(d)(1)(A)(ii) of the Internal Revenue 

22 Code of 1986 is amended by striking ‘‘2011’’ and inserting 

23 ‘‘2015’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2009. 

4 SEC. 102. INCREASED EXCLUSION AND OTHER MODIFICA5 TIONS APPLICABLE TO QUALIFIED SMALL 

6 BUSINESS STOCK. 

7 (a) INCREASED EXCLUSION.— 

8 (1) IN GENERAL.—Subsection (a) of section 

9 1202 of the Internal Revenue Code of 1986 (relating 

10 partial exclusion for gain from certain small business 

11 stock) is amended to read as follows: 

12 ‘‘(a) EXCLUSION.—Gross income shall not include 

13 100 percent of any gain from the sale or exchange of 

14 qualified small business stock held for more than 4 

15 years.’’. 

16 (2) RULE RELATING TO STOCK HELD AMONG

17 MEMBERS OF CONTROLLED GROUP.—Subsection (c) 

18 of section 1202 of such Code is amended by adding 

19 at the end the following new paragraph: 

20 ‘‘(4) STOCK HELD AMONG MEMBERS OF 25-PER21 CENT CONTROLLED GROUP NOT ELIGIBLE.— 

22 ‘‘(A) IN GENERAL.—Stock of a member of 

23 a 25-percent controlled group shall not be treat24 ed as qualified small business stock while held 

25 by another member of such group. 


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1 ‘‘(B) 25-PERCENT CONTROLLED GROUP.— 

2 For purposes of subparagraph (A), the term 

3 ‘25-percent controlled group’ means any con4 trolled group of corporations as defined in sec5 tion 1563(a)(1), except that— 

6 ‘‘(i) ‘more than 25 percent’ shall be 

7 substituted for ‘at least 80 percent’ each 

8 place it appears in section 1563(a)(1), and 

9 ‘‘(ii) section 1563(a)(4) shall not 

10 apply.’’. 

11 (3) CONFORMING AMENDMENTS.— 

12 (A) Subsections (b)(2), (g)(2)(A), and 

13 (j)(1)(A) of section 1202 of such Code are each 

14 amended by striking ‘‘5 years’’ and inserting ‘‘4 

15 years’’. 

16 (B) The heading for section 1202 of such 

17 Code is amended by striking ‘‘PARTIAL’’. 

18 (C) The item relating to section 1202 in 

19 the table of sections for part I of subchapter P 

20 of chapter 1 of such Code is amended by strik21 ing ‘‘Partial exclusion’’ and inserting ‘‘Exclu22 sion’’. 

23 (D) Section 1223(13) of such Code is 

24 amended by striking ‘‘1202(a)(2),’’. 

25 (b) REPEAL OF MINIMUM TAX PREFERENCE.— 


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1 (1) IN GENERAL.—Subsection (a) of section 57 

2 of the Internal Revenue Code of 1986 (relating to 

3 items of tax preference) is amended by striking 

4 paragraph (7). 

5 (2) TECHNICAL AMENDMENT.—Subclause (II) 

6 of section 53(d)(1)(B)(ii) of such Code is amended 

7 by striking ‘‘, (5), and (7)’’ and inserting ‘‘and (5)’’. 

8 (c) REPEAL OF 28 PERCENT CAPITAL GAINS RATE

9 ON QUALIFIED SMALL BUSINESS STOCK.— 

10 (1) IN GENERAL.—Subparagraph (A) of section 

11 1(h)(4) of the Internal Revenue Code of 1986 is 

12 amended to read as follows: 

13 ‘‘(A) collectibles gain, over’’. 

14 (2) CONFORMING AMENDMENTS.— 

15 (A) Section 1(h) of such Code is amended 

16 by striking paragraph (7). 

17 (B)(i) Section 1(h) of such Code is amend18 ed by redesignating paragraphs (8), (9), (10), 

19 (11), (12), and (13) as paragraphs (7), (8), (9), 

20 (10), (11), and (12), respectively. 

21 (ii) Sections 163(d)(4)(B), 854(b)(5), 

22 857(c)(2)(D) of such Code are each amended 

23 by striking ‘‘section 1(h)(11)(B)’’ and inserting 

24 ‘‘section 1(h)(10)(B)’’. 


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1 (iii) The following sections of such Code 

2 are each amended by striking ‘‘section 

3 1(h)(11)’’ and inserting ‘‘section 1(h)(10)’’: 

4 (I) Section 301(f)(4). 

5 (II) Section 306(a)(1)(D). 

6 (III) Section 584(c). 

7 (IV) Section 702(a)(5). 

8 (V) Section 854(a). 

9 (VI) Section 854(b)(2). 

10 (iv) The heading of section 857(c)(2) is 

11 amended by striking ‘‘1(h)(11)’’ and inserting 

12 ‘‘1(h)(10)’’. 

13 (d) INCREASE AGGREGATE ASSET LIMITATION FOR

14 QUALIFIED SMALL BUSINESSES.— 

15 (1) IN GENERAL.—Paragraph (1) of section 

16 1202(d) of the Internal Revenue Code of 1986 (re17 lating to qualified small business) is amended by 

18 striking ‘‘$50,000,000’’ each place it appears and in19 serting ‘‘$100,000,000’’. 

20 (2) INFLATION ADJUSTMENT.—Section 1202(d) 

21 of such Code is amended by adding at the end the 

22 following new paragraph: 

23 ‘‘(4) INFLATION ADJUSTMENT.— 

24 ‘‘(A) IN GENERAL.—In the case of any 

25 taxable year beginning in a calendar year after 


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1 2009, each of the $100,000,000 dollar amounts 

2 in paragraph (1) shall be increased by an 

3 amount equal to— 

4 ‘‘(i) such dollar amount, multiplied by 

5 ‘‘(ii) the cost-of-living adjustment de6 termined under section 1(f)(3) for the cal7 endar year in which the taxable year be8 gins, determined by substituting ‘calendar 

9 year 2008’ for ‘calendar year 1992’ in sub10 paragraph (B) thereof. 

11 ‘‘(B) ROUNDING.—If any amount as ad12 justed under subparagraph (A) is not a multiple 

13 of $1,000, such amount shall be rounded to the 

14 next lowest multiple of $100.’’. 

15 (e) EFFECTIVE DATE.— 

16 (1) IN GENERAL.—The amendments made by 

17 this section apply to stock issued after December 31, 

18 2009. 

19 (2) SPECIAL RULE FOR STOCK ISSUED BEFORE

20 JANUARY 1, 2010.—The amendments made by sub21 sections (a), (b), and (c) shall apply to sales or ex22 changes— 

23 (A) made after December 31, 2009, 

24 (B) of stock issued before such date, and 


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1 (C) by a taxpayer other than a corpora2 tion. 

3 TITLE II—ACCESS TO CAPITAL 

4 SEC. 201. SHORT TITLE. 

5 This title may be cited as the ‘‘Small Business Job 

6 Creation and Access to Capital Act of 2010’’. 

7 Subtitle A—Next Steps for Main 

8 Street Credit Availability 

9 SEC. 221. SECTION 7(a) BUSINESS LOANS. 

10 (a) AMENDMENT.—Section 7(a) of the Small Busi11 ness Act (15 U.S.C. 636(a)) is amended— 

12 (1) in paragraph (2)(A)— 

13 (A) in clause (i), by striking ‘‘75 percent’’ 

14 and inserting ‘‘90 percent’’; and 

15 (B) in clause (ii), by striking ‘‘85 percent’’ 

16 and inserting ‘‘90 percent’’; and 

17 (2) in paragraph (3)(A), by striking 

18 ‘‘$1,500,000 (or if the gross loan amount would ex19 ceed $2,000,000’’ and inserting ‘‘$4,500,000 (or if 

20 the gross loan amount would exceed $5,000,000’’. 

21 (b) PROSPECTIVE REPEAL.—Effective January 1, 

22 2011, section 7(a) of the Small Business Act (15 U.S.C. 

23 636(a)) is amended— 

24 (1) in paragraph (2)(A)— 


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1 (A) in clause (i), by striking ‘‘90 percent’’ 

2 and inserting ‘‘75 percent’’; and 

3 (B) in clause (ii), by striking ‘‘90 percent’’ 

4 and inserting ‘‘85 percent’’; and 

5 (2) in paragraph (3)(A), by striking 

6 ‘‘$4,500,000’’ and inserting ‘‘$3,750,000’’. 

7 SEC. 222. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM. 

8 Section 502(2)(A) of the Small Business Investment 

9 Act of 1958 (15 U.S.C. 696(2)(A)) is amended— 

10 (1) in clause (i), by striking ‘‘$1,500,000’’ and 

11 inserting ‘‘$5,000,000’’; 

12 (2) in clause (ii), by striking ‘‘$2,000,000’’ and 

13 inserting ‘‘$5,000,000’’; 

14 (3) in clause (iii), by striking ‘‘$4,000,000’’ and 

15 inserting ‘‘$5,500,000’’; 

16 (4) in clause (iv), by striking ‘‘$4,000,000’’ and 

17 inserting ‘‘$5,500,000’’; and 

18 (5) in clause (v), by striking ‘‘$4,000,000’’ and 

19 inserting ‘‘$5,500,000’’. 

20 SEC. 223. MAXIMUM LOAN LIMITS UNDER MICROLOAN PRO21 GRAM. 

22 Section 7(m) of the Small Business Act (15 U.S.C. 

23 636(m)) is amended— 

24 (1) in paragraph (1)(B)(iii), by striking 

25 ‘‘$35,000’’ and inserting ‘‘$50,000’’; 


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1 (2) in paragraph (3)— 

2 (A) in subparagraph (C), by striking 

3 ‘‘$3,500,000’’ and inserting ‘‘$5,000,000’’; and 

4 (B) in subparagraph (E), by striking 

5 ‘‘$35,000’’ each place that term appears and 

6 inserting ‘‘$50,000’’; and 

7 (3) in paragraph (11)(B), by striking 

8 ‘‘$35,000’’ and inserting ‘‘$50,000’’. 

9 SEC. 224. NEW MARKETS VENTURE CAPITAL COMPANY IN10 VESTMENT LIMITATIONS. 

11 Section 355 of the Small Business Investment Act 

12 of 1958 (15 U.S.C. 689d) is amended by adding at the 

13 end the following: 

14 ‘‘(e) INVESTMENT LIMITATIONS.— 

15 ‘‘(1) DEFINITION.—In this subsection, the term 

16 ‘covered New Markets Venture Capital company’ 

17 means a New Markets Venture Capital company— 

18 ‘‘(A) granted final approval by the Admin19 istrator under section 354(e) on or after March 

20 1, 2002; and 

21 ‘‘(B) that has obtained a financing from 

22 the Administrator. 

23 ‘‘(2) LIMITATION.—Except to the extent ap24 proved by the Administrator, a covered New Markets 

25 Venture Capital company may not acquire or issue 


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1 commitments for securities under this title for any 

2 single enterprise in an aggregate amount equal to 

3 more than 10 percent of the sum of— 

4 ‘‘(A) the regulatory capital of the covered 

5 New Markets Venture Capital company; and 

6 ‘‘(B) the total amount of leverage pro7 jected in the participation agreement of the cov8 ered New Markets Venture Capital.’’. 

9 SEC. 225. ALTERNATIVE SIZE STANDARDS. 

10 Section 3(a) of the Small Business Act (15 U.S.C. 

11 632(a)) is amended by adding at the end the following: 

12 ‘‘(5) ALTERNATIVE SIZE STANDARD.— 

13 ‘‘(A) IN GENERAL.—The Administrator shall 

14 establish an alternative size standard for applicants 

15 for business loans under section 7(a) and applicants 

16 for development company loans under title V of the 

17 Small Business Investment Act of 1958 (15 U.S.C. 

18 695 et seq.), that uses maximum tangible net worth 

19 and average net income as an alternative to the use 

20 of industry standards. 

21 ‘‘(B) INTERIM RULE.—Until the date on which 

22 the alternative size standard established under sub23 paragraph (A) is in effect, an applicant for a busi24 ness loan under section 7(a) or an applicant for a 

25 development company loan under title V of the 


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1 Small Business Investment Act of 1958 may be eli2 gible for such a loan if— 

3 ‘‘(i) the maximum tangible net worth of 

4 the applicant is not more than $15,000,000; 

5 and 

6 ‘‘(ii) the average net income after Federal 

7 income taxes (excluding any carry-over losses) 

8 of the applicant for the 2 full fiscal years before 

9 the date of the application is not more than 

10 $5,000,000.’’. 

11 SEC. 226. SALE OF 7(a) LOANS IN SECONDARY MARKET. 

12 Section 5(g) of the Small Business Act (15 U.S.C. 

13 634(g)) is amended by adding at the end the following: 

14 ‘‘(6) If the amount of the guaranteed portion of any 

15 loan under section 7(a) is more than $500,000, the Ad16 ministrator shall, upon request of a pool assembler, divide 

17 the loan guarantee into increments of $500,000 and 1 in18 crement of any remaining amount less than $500,000, in 

19 order to permit the maximum amount of any loan in a 

20 pool to be not more than $500,000. Only 1 increment of 

21 any loan guarantee divided under this paragraph may be 

22 included in the same pool. Increments of loan guarantees 

23 to different borrowers that are divided under this para24 graph may be included in the same pool.’’. 


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1 SEC. 227. ONLINE LENDING PLATFORM. 

2 It is the sense of Congress that the Administrator 

3 of the Small Business Administration should establish a 

4 website that— 

5 (1) lists each lender that makes loans guaran6 teed by the Small Business Administration and pro7 vides information about the loan rates of each such 

8 lender; and 

9 (2) allows prospective borrowers to compare 

10 rates on loans guaranteed by the Small Business 

11 Administration. 

12 Subtitle B—Small Business Access 

13 to Capital 

14 SEC. 228. LOW-INTEREST REFINANCING UNDER THE LOCAL 

15 DEVELOPMENT BUSINESS LOAN PROGRAM. 

16 (a) REFINANCING.—Section 502(7) of the Small 

17 Business Investment Act of 1958 (15 U.S.C. 696(7)) is 

18 amended by adding at the end the following: 

19 ‘‘(C) REFINANCING NOT INVOLVING EX20 PANSIONS.— 

21 ‘‘(i) DEFINITIONS.—In this subpara22 graph— 

23 ‘‘(I) the term ‘borrower’ means a 

24 small business concern that submits 

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1 pany for financing under this sub2 paragraph; 

3 ‘‘(II) the term ‘eligible fixed 

4 asset’ means tangible property relat5 ing to which the Administrator may 

6 provide financing under this section; 

7 and 

8 ‘‘(III) the term ‘qualified debt’ 

9 means indebtedness— 

10 ‘‘(aa) that— 

11 ‘‘(AA) was incurred not 

12 less than 2 years before the 

13 date of the application for 

14 assistance under this sub15 paragraph; 

16 ‘‘(BB) is a commercial 

17 loan; 

18 ‘‘(CC) is not subject to 

19 a guarantee by a Federal 

20 agency; 

21 ‘‘(DD) the proceeds of 

22 which were used to acquire 

23 an eligible fixed asset; 


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1 ‘‘(EE) was incurred for 

2 the benefit of the small busi3 ness concern; and 

4 ‘‘(FF) is collateralized 

5 by eligible fixed assets; and 

6 ‘‘(bb) for which the borrower 

7 has been current on all payments 

8 for not less than 1 year before 

9 the date of the application. 

10 ‘‘(ii) AUTHORITY.—A project that 

11 does not involve the expansion of a small 

12 business concern may include the refi13 nancing of qualified debt if— 

14 ‘‘(I) the amount of the financing 

15 is not more than 80 percent of the 

16 value of the collateral for the financ17 ing, except that, if the appraised value 

18 of the eligible fixed assets serving as 

19 collateral for the financing is less than 

20 the amount equal to 125 percent of 

21 the amount of the financing, the bor22 rower may provide additional cash or 

23 other collateral to eliminate any defi24 ciency; 


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1 ‘‘(II) the borrower has been in 

2 operation for all of the 2-year period 

3 ending on the date of the loan; and 

4 ‘‘(III) for a financing for which 

5 the Administrator determines there 

6 will be an additional cost attributable 

7 to the refinancing of the qualified 

8 debt, the borrower agrees to pay a fee 

9 in an amount equal to the anticipated 

10 additional cost. 

11 ‘‘(iii) FINANCING FOR BUSINESS EX12 PENSES.— 

13 ‘‘(I) FINANCING FOR BUSINESS

14 EXPENSES.—The Administrator may 

15 provide financing to a borrower that 

16 receives financing that includes a refi17 nancing of qualified debt under clause 

18 (ii), in addition to the refinancing 

19 under clause (ii), to be used solely for 

20 the payment of business expenses. 

21 ‘‘(II) APPLICATION FOR FINANC22 ING.—An application for financing 

23 under subclause (I) shall include— 

24 ‘‘(aa) a specific description 

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1 ditional financing is requested; 

2 and 

3 ‘‘(bb) an itemization of the 

4 amount of each expense. 

5 ‘‘(III) CONDITION ON ADDI6 TIONAL FINANCING.—A borrower may 

7 not use any part of the financing 

8 under this clause for non-business 

9 purposes. 

10 ‘‘(iv) LOANS BASED ON JOBS.— 

11 ‘‘(I) JOB CREATION AND RETEN12 TION GOALS.— 

13 ‘‘(aa) IN GENERAL.—The 

14 Administrator may provide fi15 nancing under this subparagraph 

16 for a borrower that meets the job 

17 creation goals under subsection 

18 (d) or (e) of section 501. 

19 ‘‘(bb) ALTERNATE JOB RE20 TENTION GOAL.—The Adminis21 trator may provide financing 

22 under this subparagraph to a 

23 borrower that does not meet the 

24 goals described in item (aa) in an 

25 amount that is not more than the 


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1 product obtained by multiplying 

2 the number of employees of the 

3 borrower by $65,000. 

4 ‘‘(II) NUMBER OF EMPLOYEES.— 

5 For purposes of subclause (I), the 

6 number of employees of a borrower is 

7 equal to the sum of— 

8 ‘‘(aa) the number of full9 time employees of the borrower 

10 on the date on which the bor11 rower applies for a loan under 

12 this subparagraph; and 

13 ‘‘(bb) the product obtained 

14 by multiplying— 

15 ‘‘(AA) the number of 

16 part-time employees of the 

17 borrower on the date on 

18 which the borrower applies 

19 for a loan under this sub20 paragraph; by 

21 ‘‘(BB) the quotient ob22 tained by dividing the aver23 age number of hours each 

24 part time employee of the 


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1 borrower works each week 

2 by 40. 

3 ‘‘(v) NONDELEGATION.—Notwith4 standing section 508(e), the Administrator 

5 may not permit a premier certified lender 

6 to approve or disapprove an application for 

7 assistance under this subparagraph. 

8 ‘‘(vi) TOTAL AMOUNT OF LOANS.— 

9 The Administrator may provide not more 

10 than a total of $4,000,000,000 of financ11 ing under this subparagraph for each fiscal 

12 year.’’. 

13 (b) PROSPECTIVE REPEAL.—Effective 2 years after 

14 the date of enactment of this Act, section 502(7) of the 

15 Small Business Investment Act of 1958 (15 U.S.C. 

16 696(7)) is amended by striking subparagraph (C). 

17 (c) TECHNICAL CORRECTION.—Section 502(2)(A)(i) 

18 of the Small Business Investment Act of 1958 (15 U.S.C. 

19 696(2)(A)(i)) is amended by striking ‘‘subparagraph (B) 

20 or (C)’’ and inserting ‘‘clause (ii), (iii), (iv), or (v)’’. 

21 TITLE III—SMALL BUSINESS 

22 EXPORTING 

23 SEC. 301. SHORT TITLE. 

24 This title may be cited as the ‘‘Small Business Export 

25 Enhancement and International Trade Act of 2010’’. 


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1 SEC. 302. DEFINITIONS. 

2 (a) DEFINITIONS.—In this title— 

3 (1) the terms ‘‘Administration’’ and ‘‘Adminis4 trator’’ mean the Small Business Administration 

5 and the Administrator thereof, respectively; 

6 (2) the term ‘‘Associate Administrator’’ means 

7 the Associate Administrator for International Trade 

8 appointed under section 22(a)(2) of the Small Busi9 ness Act, as amended by this Act; 

10 (3) the term ‘‘Export Assistance Center’’ means 

11 a one-stop shop referred to in section 2301(b)(8) of 

12 the Omnibus Trade and Competitiveness Act of 

13 1988 (15 U.S.C. 4721(b)(8)); 

14 (4) the term ‘‘rural small business concern’’ 

15 means a small business concern located in a rural 

16 area, as that term is defined in section 1393(a)(2) 

17 of the Internal Revenue Code of 1986; and 

18 (5) the term ‘‘small business concern’’ has the 

19 meaning given that term under section 3 of the 

20 Small Business Act (15 U.S.C. 632). 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 (1) DEFINITIONS.—Section 3 of the Small 

23 Business Act (15 U.S.C. 632) is amended by adding 

24 at the end the following: 

25 ‘‘(t) SMALL BUSINESS DEVELOPMENT CENTER.—In 

26 this Act, the term ‘small business development center’ 


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1 means a small business development center described in 

2 section 21. 

3 ‘‘(u) REGION OF THE ADMINISTRATION.—In this 

4 Act, the term ‘region of the Administration’ means the 

5 geographic area served by a regional office of the Adminis6 tration established under section 4(a).’’. 

7 (2) CONFORMING AMENDMENT.—Section 

8 4(b)(3)(B)(x) of the Small Business Act (15 U.S.C. 

9 633(b)(3)(B)(x)) is amended by striking ‘‘Adminis10 tration district and region’’ and inserting ‘‘district 

11 and region of the Administration’’. 

12 SEC. 303. OFFICE OF INTERNATIONAL TRADE. 

13 (a) ESTABLISHMENT.—Section 22 of the Small Busi14 ness Act (15 U.S.C. 649) is amended— 

15 (1) by striking ‘‘SEC. 22. (a) There’’ and in16 serting the following: 

17 ‘‘SEC. 22. OFFICE OF INTERNATIONAL TRADE. 

18 ‘‘(a) ESTABLISHMENT.— 

19 ‘‘(1) OFFICE.—There’’; and 

20 (2) in subsection (a)— 

21 (A) in paragraph (1), as so designated, by 

22 striking the period and inserting ‘‘for the pri23 mary purposes of increasing— 

24 ‘‘(A) the number of small business con25 cerns that export; and 


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1 ‘‘(B) the volume of exports by small busi2 ness concerns.’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(2) ASSOCIATE ADMINISTRATOR.—The head of 

5 the Office shall be the Associate Administrator for 

6 International Trade, who shall be responsible to the 

7 Administrator.’’. 

8 (b) AUTHORITY FOR ADDITIONAL ASSOCIATE AD9 MINISTRATOR.—Section 4(b)(1) of the Small Business Act 

10 (15 U.S.C. 633(b)(1)) is amended— 

11 (1) in the fifth sentence, by striking ‘‘five Asso12 ciate Administrators’’ and inserting ‘‘Associate Ad13 ministrators’’; and 

14 (2) by adding at the end the following: ‘‘One 

15 such Associate Administrator shall be the Associate 

16 Administrator for International Trade, who shall be 

17 the head of the Office of International Trade estab18 lished under section 22.’’. 

19 (c) DISCHARGE OF INTERNATIONAL TRADE RESPON20 SIBILITIES OF ADMINISTRATION.—Section 22 of the Small 

21 Business Act (15 U.S.C. 649) is amended by adding at 

22 the end the following: 

23 ‘‘(h) DISCHARGE OF INTERNATIONAL TRADE RE24 SPONSIBILITIES OF ADMINISTRATION.—The Adminis25 trator shall ensure that— 


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1 ‘‘(1) the responsibilities of the Administration 

2 regarding international trade are carried out by the 

3 Associate Administrator; 

4 ‘‘(2) the Associate Administrator has sufficient 

5 resources to carry out such responsibilities; and 

6 ‘‘(3) the Associate Administrator has direct su7 pervision and control over— 

8 ‘‘(A) the staff of the Office; and 

9 ‘‘(B) any employee of the Administration 

10 whose principal duty station is an Export As11 sistance Center, or any successor entity.’’. 

12 (d) ROLE OF ASSOCIATE ADMINISTRATOR IN CAR13 RYING OUT INTERNATIONAL TRADE POLICY.—Section 

14 2(b)(1) of the Small Business Act (15 U.S.C. 631(b)(1)) 

15 is amended in the matter preceding subparagraph (A)— 

16 (1) by inserting ‘‘the Administrator of’’ before 

17 ‘‘the Small Business Administration’’; and 

18 (2) by inserting ‘‘through the Associate Admin19 istrator for International Trade, and’’ before ‘‘in co20 operation with’’. 

21 (e) IMPLEMENTATION DATE.—Not later than 90 

22 days after the date of enactment of this Act, the Adminis23 trator of the Small Business Administration shall appoint 

24 an Associate Administrator for International Trade under 


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1 section 22(a) of the Small Business Act (15 U.S.C. 

2 649(a)), as added by this section. 

3 SEC. 304. DUTIES OF THE OFFICE OF INTERNATIONAL 

4 TRADE. 

5 (a) AMENDMENTS TO SECTION 22.—Section 22 of 

6 the Small Business Act (15 U.S.C. 649) is amended— 

7 (1) by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b) TRADE DISTRIBUTION NETWORK.—The Asso10 ciate Administrator, working in close cooperation with the 

11 Secretary of Commerce, the United States Trade Rep12 resentative, the Export-Import Bank of the United States, 

13 the Overseas Private Investment Corporation, and other 

14 relevant Federal agencies, small business development 

15 centers engaged in export promotion efforts, Export As16 sistance Centers, regional and district offices of the Ad17 ministration, the small business community, and relevant 

18 State and local export promotion programs, shall— 

19 ‘‘(1) maintain a distribution network, using re20 gional and district offices of the Administration, the 

21 small business development center network, net22 works of women’s business centers, the Service 

23 Corps of Retired Executives authorized by section 

24 8(b)(1), and Export Assistance Centers, for pro25 grams relating to— 


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1 ‘‘(A) trade promotion; 

2 ‘‘(B) trade finance; 

3 ‘‘(C) trade adjustment assistance; 

4 ‘‘(D) trade remedy assistance; and 

5 ‘‘(E) trade data collection; 

6 ‘‘(2) aggressively market the programs de7 scribed in paragraph (1) and disseminate informa8 tion, including computerized marketing data, to 

9 small business concerns on exporting trends, market10 specific growth, industry trends, and international 

11 prospects for exports; 

12 ‘‘(3) promote export assistance programs 

13 through the district and regional offices of the Ad14 ministration, the small business development center 

15 network, Export Assistance Centers, the network of 

16 women’s business centers, chapters of the Service 

17 Corps of Retired Executives, State and local export 

18 promotion programs, and partners in the private 

19 sector; and 

20 ‘‘(4) give preference in hiring or approving the 

21 transfer of any employee into the Office or to a posi22 tion described in subsection (c)(9) to otherwise 

23 qualified applicants who are fluent in a language in 

24 addition to English, to— 


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1 ‘‘(A) accompany small business concerns 

2 on foreign trade missions; and 

3 ‘‘(B) translate documents, interpret con4 versations, and facilitate multilingual trans5 actions, including by providing referral lists for 

6 translation services, if required.’’; 

7 (2) in subsection (c)— 

8 (A) by striking ‘‘(c) The Office’’ and in9 serting the following: 

10 ‘‘(c) PROMOTION OF SALES OPPORTUNITIES.—The 

11 Associate Administrator’’; 

12 (B) by redesignating paragraphs (1) 

13 through (8) as paragraphs (2) through (9), re14 spectively; 

15 (C) by inserting before paragraph (2), as 

16 so redesignated, the following: 

17 ‘‘(1) establish annual goals for the Office relat18 ing to— 

19 ‘‘(A) enhancing the exporting capability of 

20 small business concerns and small manufactur21 ers; 

22 ‘‘(B) facilitating technology transfers; 

23 ‘‘(C) enhancing programs and services to 

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1 facturers to compete effectively and efficiently 

2 against foreign entities; 

3 ‘‘(D) increasing the ability of small busi4 ness concerns to access capital; 

5 ‘‘(E) disseminating information concerning 

6 Federal, State, and private programs and initia7 tives; and 

8 ‘‘(F) ensuring that the interests of small 

9 business concerns are adequately represented in 

10 trade negotiations;’’; 

11 (D) in paragraph (2), as so redesignated, 

12 by striking ‘‘mechanism for’’ and all that fol13 lows through ‘‘(D) assisting’’ and inserting the 

14 following: ‘‘mechanism for— 

15 ‘‘(A) identifying subsectors of the small 

16 business community with strong export poten17 tial; 

18 ‘‘(B) identifying areas of demand in for19 eign markets; 

20 ‘‘(C) prescreening foreign buyers for com21 mercial and credit purposes; and 

22 ‘‘(D) assisting’’; 

23 (E) in paragraph (3), as so redesignated, 

24 by striking ‘‘assist small businesses in the forVerDate Nov 24 2008 00:00 Mar 21, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3103.IS S3103

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1 mation and utilization of’’ and inserting ‘‘assist 

2 small business concerns in forming and using’’; 

3 (F) in paragraph (4), as so redesignated— 

4 (i) by striking ‘‘local’’ and inserting 

5 ‘‘district’’; 

6 (ii) by striking ‘‘existing’’; 

7 (iii) by striking ‘‘Small Business De8 velopment Center network’’ and inserting 

9 ‘‘small business development center net10 work’’; and 

11 (iv) by striking ‘‘Small Business De12 velopment Center Program’’ and inserting 

13 ‘‘small business development center pro14 gram’’; 

15 (G) in paragraph (5), as so redesignated— 

16 (i) in subparagraph (A), by striking 

17 ‘‘Gross State Produce’’ and inserting 

18 ‘‘Gross State Product’’; 

19 (ii) in subparagraph (B), by striking 

20 ‘‘SIC’’ each place it appears and inserting 

21 ‘‘North American Industry Classification 

22 System’’; and 

23 (iii) in subparagraph (C), by striking 

24 ‘‘small businesses’’ and inserting ‘‘small 

25 business concerns’’; 


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1 (H) in paragraph (6), as so redesignated, 

2 by striking the period at the end and inserting 

3 a semicolon; 

4 (I) in paragraph (7), as so redesignated— 

5 (i) in the matter preceding subpara6 graph (A)— 

7 (I) by inserting ‘‘concerns’’ after 

8 ‘‘small business’’; and 

9 (II) by striking ‘‘current’’ and in10 serting ‘‘up to date’’; 

11 (ii) in subparagraph (A), by striking 

12 ‘‘Administration’s regional offices’’ and in13 serting ‘‘regional and district offices of the 

14 Administration’’; 

15 (iii) in subparagraph (B) by striking 

16 ‘‘current’’; 

17 (iv) in subparagraph (C), by striking 

18 ‘‘current’’; and 

19 (v) by striking ‘‘small businesses’’ 

20 each place that term appears and inserting 

21 ‘‘small business concerns’’; 

22 (J) in paragraph (8), as so redesignated, 

23 by striking and at the end; 

24 (K) in paragraph (9), as so redesignated— 


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1 (i) in the matter preceding subpara2 graph (A)— 

3 (I) by striking ‘‘full-time export 

4 development specialists to each Ad5 ministration regional office and as6 signing’’; and 

7 (II) by striking ‘‘person in each 

8 district office. Such specialists’’ and 

9 inserting ‘‘individual in each district 

10 office and providing each Administra11 tion regional office with a full-time ex12 port development specialist, who’’; 

13 (ii) in subparagraph (B)— 

14 (I) by striking ‘‘current’’; and 

15 (II) by striking ‘‘with’’ and in16 serting ‘‘in’’; 

17 (iii) in subparagraph (D)— 

18 (I) by striking ‘‘Administration 

19 personnel involved in granting’’ and 

20 inserting ‘‘personnel of the Adminis21 tration involved in making’’; and 

22 (II) by striking ‘‘and’’ at the end; 

23 (iv) in subparagraph (E)— 


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1 (I) by striking ‘‘small businesses’ 

2 needs’’ and inserting ‘‘the needs of 

3 small business concerns’’; and 

4 (II) by striking the period at the 

5 end and inserting a semicolon; 

6 (v) by adding at the end the following: 

7 ‘‘(F) participate, jointly with employees of 

8 the Office, in an annual training program that 

9 focuses on current small business needs for ex10 porting; and 

11 ‘‘(G) develop and conduct training pro12 grams for exporters and lenders, in cooperation 

13 with the Export Assistance Centers, the De14 partment of Commerce, small business develop15 ment centers, women’s business centers, the 

16 Export-Import Bank of the United States, the 

17 Overseas Private Investment Corporation, and 

18 other relevant Federal agencies;’’; and 

19 (vi) by striking ‘‘small businesses’’ 

20 each place that term appears and inserting 

21 ‘‘small business concerns’’; and 

22 (L) by adding at the end the following: 

23 ‘‘(10) make available on the website of the Ad24 ministration the name and contact information of 

25 each individual described in paragraph (9); 


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1 ‘‘(11) carry out a nationwide marketing effort 

2 using technology, online resources, training, and 

3 other strategies to promote exporting as a business 

4 development opportunity for small business con5 cerns; 

6 ‘‘(12) disseminate information to the small 

7 business community through regional and district of8 fices of the Administration, the small business devel9 opment center network, Export Assistance Centers, 

10 the network of women’s business centers, chapters of 

11 the Service Corps of Retired Executives authorized 

12 by section 8(b)(1), State and local export promotion 

13 programs, and partners in the private sector regard14 ing exporting trends, market-specific growth, indus15 try trends, and prospects for exporting; and 

16 ‘‘(13) establish and carry out training programs 

17 for the staff of the regional and district offices of 

18 the Administration and resource partners of the Ad19 ministration on export promotion and providing as20 sistance relating to exports.’’; 

21 (3) in subsection (d)— 

22 (A) by redesignating paragraphs (1) 

23 through (5) as clauses (i) through (v), respec24 tively, and adjusting the margins accordingly; 


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1 (B) by striking ‘‘(d) The Office’’ and in2 serting the following: 

3 ‘‘(d) EXPORT FINANCING PROGRAMS.— 

4 ‘‘(1) IN GENERAL.—The Associate Adminis5 trator’’; and 

6 (C) by striking ‘‘To accomplish this goal, 

7 the Office shall work’’ and inserting the fol8 lowing: 

9 ‘‘(2) TRADE FINANCE SPECIALIST.—To accom10 plish the goal established under paragraph (1), the 

11 Associate Administrator shall— 

12 ‘‘(A) designate at least 1 individual within 

13 the Administration as a trade finance specialist 

14 to oversee international loan programs and as15 sist Administration employees with trade fi16 nance issues; and 

17 ‘‘(B) work’’; 

18 (4) in subsection (e), by striking ‘‘(e) The Of19 fice’’ and inserting the following: 

20 ‘‘(e) TRADE REMEDIES.—The Associate Adminis21 trator’’; 

22 (5) by amending subsection (f) to read as fol23 lows: 

24 ‘‘(f) REPORTING REQUIREMENT.—The Associate Ad25 ministrator shall submit an annual report to the ComVerDate Nov 24 2008 00:00 Mar 21, 2010 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S3103.IS S3103

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1 mittee on Small Business and Entrepreneurship of the 

2 Senate and the Committee on Small Business of the 

3 House of Representatives that contains— 

4 ‘‘(1) a description of the progress of the Office 

5 in implementing the requirements of this section; 

6 ‘‘(2) a detailed account of the results of export 

7 growth activities of the Administration, including the 

8 activities of each district and regional office of the 

9 Administration, based on the performance measures 

10 described in subsection (i); 

11 ‘‘(3) an estimate of the total number of jobs 

12 created or retained as a result of export assistance 

13 provided by the Administration and resource part14 ners of the Administration; 

15 ‘‘(4) for any travel by the staff of the Office, 

16 the destination of such travel and the benefits to the 

17 Administration and to small business concerns re18 sulting from such travel; and 

19 ‘‘(5) a description of the participation by the 

20 Office in trade negotiations.’’; 

21 (6) in subsection (g), by striking ‘‘(g) The Of22 fice’’ and inserting the following: 

23 ‘‘(g) STUDIES.—The Associate Administrator’’; and 

24 (7) by adding after subsection (h), as added by 

25 section 303 of this Act, the following: 


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1 ‘‘(i) EXPORT AND TRADE COUNSELING.— 

2 ‘‘(1) DEFINITION.—In this subsection— 

3 ‘‘(A) the term ‘lead small business develop4 ment center’ means a small business develop5 ment center that has received a grant from the 

6 Administration; and 

7 ‘‘(B) the term ‘lead women’s business cen8 ter’ means a women’s business center that has 

9 received a grant from the Administration. 

10 ‘‘(2) CERTIFICATION PROGRAM.—The Adminis11 trator shall establish an export and trade counseling 

12 certification program to certify employees of lead 

13 small business development centers and lead wom14 en’s business centers in providing export assistance 

15 to small business concerns. 

16 ‘‘(3) NUMBER OF CERTIFIED EMPLOYEES.— 

17 The Administrator shall ensure that the number of 

18 employees of each lead small business development 

19 center who are certified in providing export assist20 ance is not less than the lesser of— 

21 ‘‘(A) 5; or 

22 ‘‘(B) 10 percent of the total number of em23 ployees of the lead small business development 

24 center. 

25 ‘‘(4) REIMBURSEMENT FOR CERTIFICATION.— 


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1 ‘‘(A) IN GENERAL.—Subject to the avail2 ability of appropriations, the Administrator 

3 shall reimburse a lead small business develop4 ment center or a lead women’s business center 

5 for costs relating to the certification of an em6 ployee of the lead small business center or lead 

7 women’s business center in providing export as8 sistance under the program established under 

9 paragraph (2). 

10 ‘‘(B) LIMITATION.—The total amount re11 imbursed by the Administrator under subpara12 graph (A) may not exceed $350,000 in any fis13 cal year. 

14 ‘‘(j) PERFORMANCE MEASURES.— 

15 ‘‘(1) IN GENERAL.—The Associate Adminis16 trator shall develop performance measures for the 

17 Administration to support export growth goals for 

18 the activities of the Office under this section that in19 clude— 

20 ‘‘(A) the number of small business con21 cerns that— 

22 ‘‘(i) receive assistance from the Ad23 ministration; 


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1 ‘‘(ii) had not exported goods or serv2 ices before receiving the assistance de3 scribed in clause (i); and 

4 ‘‘(iii) export goods or services; 

5 ‘‘(B) the number of small business con6 cerns receiving assistance from the Administra7 tion that export goods or services to a market 

8 outside the United States into which the small 

9 business concern did not export before receiving 

10 the assistance; 

11 ‘‘(C) export revenues by small business 

12 concerns assisted by programs of the Adminis13 tration; 

14 ‘‘(D) the number of small business con15 cerns referred to an Export Assistance Center 

16 or a small business development center by the 

17 staff of the Office; 

18 ‘‘(E) the number of small business con19 cerns referred to the Administration by an Ex20 port Assistance Center or a small business de21 velopment center; and 

22 ‘‘(F) the number of small business con23 cerns referred to the Export-Import Bank of 

24 the United States or to the Overseas Private 

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1 fice, an Export Assistance Center, or a small 

2 business development center. 

3 ‘‘(2) JOINT PERFORMANCE MEASURES.—The 

4 Associate Administrator shall develop joint perform5 ance measures for the district offices of the Adminis6 tration and the Export Assistance Centers that in7 clude the number of export loans made under— 

8 ‘‘(A) section 7(a)(16); 

9 ‘‘(B) the Export Working Capital Program 

10 established under section 7(a)(14); 

11 ‘‘(C) the Preferred Lenders Program, as 

12 defined in section 7(a)(2)(C)(ii); and 

13 ‘‘(D) the export express program estab14 lished under section 7(a)(34). 

15 ‘‘(3) CONSISTENCY OF TRACKING.—The Asso16 ciate Administrator, in coordination with the depart17 ments and agencies that are represented on the 

18 Trade Promotion Coordinating Committee estab19 lished under section 2312 of the Export Enhance20 ment Act of 1988 (15 U.S.C. 4727) and the small 

21 business development center network, shall develop a 

22 system to track exports by small business concerns, 

23 including information relating to the performance 

24 measures developed under paragraph (1), that is 


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1 consistent with systems used by the departments 

2 and agencies and the network.’’. 

3 (b) TRADE DISPUTES.—The Administrator shall 

4 carry out a comprehensive program to provide technical 

5 assistance, counseling, and reference materials to small 

6 business concerns relating to resources, procedures, and 

7 requirements for mechanisms to resolve international 

8 trade disputes or address unfair international trade prac9 tices under international trade agreements or Federal law, 

10 including— 

11 (1) directing the district offices of the Adminis12 tration to provide referrals, information, and other 

13 services to small business concerns relating to the 

14 mechanisms; 

15 (2) entering agreements and partnerships with 

16 providers of legal services relating to the mecha17 nisms, to ensure small business concerns may 

18 affordably use the mechanisms; and 

19 (3) in consultation with the Director of the 

20 United States Patent and Trademark Office and the 

21 Register of Copyrights, designing counseling services 

22 and materials for small business concerns regarding 

23 intellectual property protection in other countries. 

24 (c) REPORT.—Not later than 60 days after the date 

25 of enactment of this Act, the Administrator shall submit 


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1 a report to the Committee on Small Business and Entre2 preneurship of the Senate and the Committee on Small 

3 Business of the House of Representatives on any travel 

4 by the staff of the Office of International Trade of the 

5 Administration, during the period beginning on October 

6 1, 2004, and ending on the date of enactment of the Act, 

7 including the destination of such travel and the benefits 

8 to the Administration and to small business concerns re9 sulting from such travel. 

10 SEC. 305. EXPORT ASSISTANCE CENTERS. 

11 (a) EXPORT ASSISTANCE CENTERS.—Section 22 of 

12 the Small Business Act (15 U.S.C. 649), as amended by 

13 section 304 of this Act, is amended by adding at the end 

14 the following: 

15 ‘‘(k) EXPORT ASSISTANCE CENTERS.— 

16 ‘‘(1) EXPORT FINANCE SPECIALISTS.— 

17 ‘‘(A) MINIMUM NUMBER OF EXPORT FI18 NANCE SPECIALISTS.—On and after January 1, 

19 2010, the Administrator, in coordination with 

20 the Secretary of Commerce, shall ensure that 

21 the number of export finance specialists is not 

22 less than the number of such employees so as23 signed on January 1, 2003. 

24 ‘‘(B) EXPORT FINANCE SPECIALISTS AS25 SIGNED TO EACH REGION OF THE ADMINISTRAVerDate Nov 24 2008 00:00 Mar 21, 2010 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S3103.IS S3103

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1 TION.—On and after the date that is 2 years 

2 after the date of enactment of this subsection, 

3 the Administrator, in coordination with the Sec4 retary of Commerce, shall ensure that there are 

5 not fewer than 3 export finance specialists in 

6 each region of the Administration. 

7 ‘‘(2) PLACEMENT OF EXPORT FINANCE SPE8 CIALISTS.— 

9 ‘‘(A) PRIORITY.—The Administrator shall 

10 give priority, to the maximum extent prac11 ticable, to placing employees of the Administra12 tion at any Export Assistance Center that— 

13 ‘‘(i) had an Administration employee 

14 assigned to the Export Assistance Center 

15 before January 2003; and 

16 ‘‘(ii) has not had an Administration 

17 employee assigned to the Export Assist18 ance Center during the period beginning 

19 January 2003, and ending on the date of 

20 enactment of this subsection, either 

21 through retirement or reassignment. 

22 ‘‘(B) NEEDS OF EXPORTERS.—The Ad23 ministrator shall, to the maximum extent prac24 ticable, strategically assign Administration emVerDate Nov 24 2008 00:00 Mar 21, 2010 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S3103.IS S3103

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1 ployees to Export Assistance Centers, based on 

2 the needs of exporters. 

3 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

4 in this subsection may be construed to require 

5 the Administrator to reassign or remove an ex6 port finance specialist who is assigned to an 

7 Export Assistance Center on the date of enact8 ment of this subsection. 

9 ‘‘(3) GOALS.—The Associate Administrator 

10 shall work with the Department of Commerce, the 

11 Export-Import Bank of the United States, and the 

12 Overseas Private Investment Corporation to estab13 lish shared annual goals for the Export Assistance 

14 Centers. 

15 ‘‘(4) OVERSIGHT.—The Associate Adminis16 trator shall designate an individual within the Ad17 ministration to oversee all activities conducted by 

18 Administration employees assigned to Export Assist19 ance Centers. 

20 ‘‘(l) DEFINITIONS.—In this section— 

21 ‘‘(1) the term ‘Associate Administrator’ means 

22 the Associate Administrator for International Trade 

23 described in subsection (a)(2); 

24 ‘‘(2) the term ‘Export Assistance Center’ means 

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1 lished by the United States and Foreign Commercial 

2 Service of the Department of Commerce pursuant to 

3 section 2301(b)(8) of the Omnibus Trade and Com4 petitiveness Act of 1988 (15 U.S.C. 4721(b)(8)); 

5 ‘‘(3) the term ‘export finance specialist’ means 

6 a full-time equivalent employee of the Office as7 signed to an Export Assistance Center to carry out 

8 the duties described in subsection (e); and 

9 ‘‘(4) the term ‘Office’ means the Office of 

10 International Trade established under subsection 

11 (a)(1).’’. 

12 (b) STUDY AND REPORT ON FILLING GAPS IN HIGH13 AND LOW-EXPORT VOLUME AREAS.— 

14 (1) STUDY AND REPORT.—Not later than 6 

15 months after the date of enactment of this Act, and 

16 every 2 years thereafter, the Administrator shall— 

17 (A) conduct a study of— 

18 (i) the volume of exports for each 

19 State; 

20 (ii) the availability of export finance 

21 specialists in each State; 

22 (iii) the number of exporters in each 

23 State that are small business concerns; 


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1 (iv) the percentage of exporters in 

2 each State that are small business con3 cerns; 

4 (v) the change, if any, in the number 

5 of exporters that are small business con6 cerns in each State— 

7 (I) for the first study conducted 

8 under this subparagraph, during the 

9 10-year period ending on the date of 

10 enactment of this Act; and 

11 (II) for each subsequent study, 

12 during the 10-year period ending on 

13 the date the study is commenced; 

14 (vi) the total value of the exports in 

15 each State by small business concerns; 

16 (vii) the percentage of the total vol17 ume of exports in each State that is attrib18 utable to small business concerns; and 

19 (viii) the change, if any, in the per20 centage of the total volume of exports in 

21 each State that is attributable to small 

22 business concerns— 

23 (I) for the first study conducted 

24 under this subparagraph, during the 


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1 10-year period ending on the date of 

2 enactment of this Act; and 

3 (II) for each subsequent study, 

4 during the 10-year period ending on 

5 the date the study is commenced; and 

6 (B) submit to the Committee on Small 

7 Business and Entrepreneurship of the Senate 

8 and the Committee on Small Business of the 

9 House of Representatives a report containing— 

10 (i) the results of the study under sub11 paragraph (A); 

12 (ii) to the extent practicable, a rec13 ommendation regarding how to eliminate 

14 gaps between the supply of and demand 

15 for export finance specialists in the 15 

16 States that have the greatest volume of ex17 ports, based upon the most recent data 

18 available from the Department of Com19 merce; 

20 (iii) to the extent practicable, a rec21 ommendation regarding how to eliminate 

22 gaps between the supply of and demand 

23 for export finance specialists in the 15 

24 States that have the lowest volume of ex25 ports, based upon the most recent data 


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1 available from the Department of Com2 merce; and 

3 (iv) such additional information as the 

4 Administrator determines is appropriate. 

5 (2) DEFINITION.—In this subsection, the term 

6 ‘‘export finance specialist’’ has the meaning given 

7 that term in section 22(l) of the Small Business Act, 

8 as added by this Act. 

9 SEC. 306. INTERNATIONAL TRADE FINANCE PROGRAMS. 

10 (a) LOAN LIMITS.— 

11 (1) TOTAL AMOUNT OUTSTANDING.—Section 

12 7(a)(3)(B) of the Small Business Act (15 U.S.C. 

13 636(a)(3)(B)) is amended by striking ‘‘$1,750,000, 

14 of which not more than $1,250,000’’ and inserting 

15 ‘‘$4,500,000 (or if the gross loan amount would ex16 ceed $5,000,000), of which not more than 

17 $4,000,000’’. 

18 (2) PARTICIPATION.—Section 7(a)(2) of the 

19 Small Business Act (15 U.S.C. 636(a)(2)) is amend20 ed— 

21 (A) in subparagraph (A), in the matter 

22 preceding clause (i), by striking ‘‘subparagraph 

23 (B)’’ and inserting ‘‘subparagraphs (B), (D), 

24 and (E)’’; 


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1 (B) in subparagraph (D), by striking 

2 ‘‘Notwithstanding subparagraph (A), in’’ and 

3 inserting ‘‘In’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(E) PARTICIPATION IN INTERNATIONAL

6 TRADE LOAN.—In an agreement to participate 

7 in a loan on a deferred basis under paragraph 

8 (16), the participation by the Administration 

9 may not exceed 90 percent.’’. 

10 (b) WORKING CAPITAL.—Section 7(a)(16)(A) of the 

11 Small Business Act (15 U.S.C. 636(a)(16)(A)) is amend12 ed— 

13 (1) in the matter preceding clause (i), by strik14 ing ‘‘in—’’ and inserting ‘‘—’’; 

15 (2) in clause (i)— 

16 (A) by inserting ‘‘in’’ after ‘‘(i)’’; and 

17 (B) by striking ‘‘or’’ at the end; 

18 (3) in clause (ii)— 

19 (A) by inserting ‘‘in’’ after ‘‘(ii)’’; and 

20 (B) by striking the period at the end and 

21 inserting ‘‘, including any debt that qualifies for 

22 refinancing under any other provision of this 

23 subsection; or’’; and 

24 (4) by adding at the end the following: 

25 ‘‘(iii) by providing working capital.’’. 


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1 (c) COLLATERAL.—Section 7(a)(16)(B) of the Small 

2 Business Act (15 U.S.C. 636(a)(16)(B)) is amended— 

3 (1) by striking ‘‘Each loan’’ and inserting the 

4 following: 

5 ‘‘(i) IN GENERAL.—Except as pro6 vided in clause (ii), each loan’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(ii) EXCEPTION.—A loan under this 

9 paragraph may be secured by a second lien 

10 position on the property or equipment fi11 nanced by the loan or on other assets of 

12 the small business concern, if the Adminis13 trator determines the lien provides ade14 quate assurance of the payment of the 

15 loan.’’. 

16 (d) EXPORT WORKING CAPITAL PROGRAM.—Section 

17 7(a) of the Small Business Act (15 U.S.C. 636(a)) is 

18 amended— 

19 (1) in paragraph (2)(D), by striking ‘‘not ex20 ceed’’ and inserting ‘‘be’’; and 

21 (2) in paragraph (14)— 

22 (A) by striking ‘‘(A) The Administration’’ 

23 and inserting the following: ‘‘EXPORT WORKING

24 CAPITAL PROGRAM.— 

25 ‘‘(A) IN GENERAL.—The Administrator’’; 


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1 (B) by striking ‘‘(B) When considering’’ 

2 and inserting the following: 

3 ‘‘(C) CONSIDERATIONS.—When consid4 ering’’; 

5 (C) by striking ‘‘(C) The Administration’’ 

6 and inserting the following: 

7 ‘‘(D) MARKETING.—The Administrator’’; 

8 and 

9 (D) by inserting after subparagraph (A) 

10 the following: 

11 ‘‘(B) TERMS.— 

12 ‘‘(i) LOAN AMOUNT.—The Adminis13 trator may not guarantee a loan under this 

14 paragraph of more than $5,000,000. 

15 ‘‘(ii) FEES.— 

16 ‘‘(I) IN GENERAL.—For a loan 

17 under this paragraph, the Adminis18 trator shall collect the fee assessed 

19 under paragraph (23) not more fre20 quently than once each year. 

21 ‘‘(II) UNTAPPED CREDIT.—The 

22 Administrator may not assess a fee on 

23 capital that is not accessed by the 

24 small business concern.’’. 


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1 (e) PARTICIPATION IN PREFERRED LENDERS PRO2 GRAM.—Section 7(a)(2)(C) of the Small Business Act (15 

3 U.S.C. 636(a)(2)(C)) is amended— 

4 (1) by redesignating clause (ii) as clause (iii); 

5 and 

6 (2) by inserting after clause (i) the following: 

7 ‘‘(ii) EXPORT-IMPORT BANK LEND8 ERS.—Any lender that is participating in 

9 the Delegated Authority Lender Program 

10 of the Export-Import Bank of the United 

11 States (or any successor to the Program) 

12 shall be eligible to participate in the Pre13 ferred Lenders Program.’’. 

14 (f) EXPORT EXPRESS PROGRAM.—Section 7(a) of the 

15 Small Business Act (15 U.S.C. 636(a)) is amended— 

16 (1) by striking ‘‘(32) INCREASED VETERAN’’ 

17 and inserting ‘‘(33) INCREASED VETERAN’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(34) EXPORT EXPRESS PROGRAM.— 

20 ‘‘(A) DEFINITIONS.—In this paragraph— 

21 ‘‘(i) the term ‘export development ac22 tivity’ includes— 

23 ‘‘(I) obtaining a standby letter of 

24 credit when required as a bid bond, 


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1 performance bond, or advance pay2 ment guarantee; 

3 ‘‘(II) participation in a trade 

4 show that takes place outside the 

5 United States; 

6 ‘‘(III) translation of product bro7 chures or catalogues for use in mar8 kets outside the United States; 

9 ‘‘(IV) obtaining a general line of 

10 credit for export purposes; 

11 ‘‘(V) performing a service con12 tract from buyers located outside the 

13 United States; 

14 ‘‘(VI) obtaining transaction-spe15 cific financing associated with com16 pleting export orders; 

17 ‘‘(VII) purchasing real estate or 

18 equipment to be used in the produc19 tion of goods or services for export; 

20 ‘‘(VIII) providing term loans or 

21 other financing to enable a small busi22 ness concern, including an export 

23 trading company and an export man24 agement company, to develop a mar25 ket outside the United States; and 


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1 ‘‘(IX) acquiring, constructing, 

2 renovating, modernizing, improving, 

3 or expanding a production facility or 

4 equipment to be used in the United 

5 States in the production of goods or 

6 services for export; and 

7 ‘‘(ii) the term ‘express loan’ means a 

8 loan in which a lender uses to the max9 imum extent practicable the loan analyses, 

10 procedures, and documentation of the lend11 er to provide expedited processing of the 

12 loan application. 

13 ‘‘(B) AUTHORITY.—The Administrator 

14 may guarantee the timely payment of an ex15 press loan to a small business concern made for 

16 an export development activity. 

17 ‘‘(C) LEVEL OF PARTICIPATION.— 

18 ‘‘(i) MAXIMUM AMOUNT.—The max19 imum amount of an express loan guaran20 teed under this paragraph shall be 

21 $500,000. 

22 ‘‘(ii) PERCENTAGE.—For an express 

23 loan guaranteed under this paragraph, the 

24 Administrator shall guarantee— 


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1 ‘‘(I) 90 percent of a loan that is 

2 not more than $350,000; and 

3 ‘‘(II) 75 percent of a loan that is 

4 more than $350,000 and not more 

5 than $500,000.’’. 

6 (g) ANNUAL LISTING OF EXPORT FINANCE LEND7 ERS.—Section 7(a)(16) of the Small Business Act (15 

8 U.S.C. 636(a)(16)) is amended by adding at the end the 

9 following: 

10 ‘‘(F) LIST OF EXPORT FINANCE LEND11 ERS.— 

12 ‘‘(i) PUBLICATION OF LIST RE13 QUIRED.—The Administrator shall publish 

14 an annual list of the banks and partici15 pating lending institutions that, during the 

16 1-year period ending on the date of publi17 cation of the list, have made loans guaran18 teed by the Administration under— 

19 ‘‘(I) this paragraph; 

20 ‘‘(II) paragraph (14); or 

21 ‘‘(III) paragraph (34). 

22 ‘‘(ii) AVAILABILITY OF LIST.—The 

23 Administrator shall— 


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1 ‘‘(I) post the list published under 

2 clause (i) on the website of the Ad3 ministration; and 

4 ‘‘(II) make the list published 

5 under clause (i) available, upon re6 quest, at each district office of the 

7 Administration.’’. 

8 (h) APPLICABILITY.—The amendments made by sub9 sections (a) through (f) shall apply with respect to any 

10 loan made after the date of enactment of this Act. 

11 SEC. 307. STATE TRADE AND EXPORT PROMOTION GRANT 

12 PROGRAM. 

13 (a) DEFINITIONS.—In this section— 

14 (1) the term ‘‘eligible small business concern’’ 

15 means a small business concern that— 

16 (A) has been in business for not less than 

17 the 1-year period ending on the date on which 

18 assistance is provided using a grant under this 

19 section; 

20 (B) is operating profitably, based on oper21 ations in the United States; 

22 (C) has demonstrated understanding of the 

23 costs associated with exporting and doing busi24 ness with foreign purchasers, including the 

25 costs of freight forwarding, customs brokers, 


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1 packing and shipping, as determined by the As2 sociate Administrator; 

3 (D) has in effect a strategic plan for ex4 porting; and 

5 (E) agrees to provide to the Associate Ad6 ministrator such information and documenta7 tion as is necessary for the Associate Adminis8 trator to determine that the small business con9 cern is in compliance with the internal revenue 

10 laws of the United States; 

11 (2) the term ‘‘program’’ means the State Trade 

12 and Export Promotion Grant Program established 

13 under subsection (b); 

14 (3) the term ‘‘small business concern owned 

15 and controlled by women’’ has the meaning given 

16 that term in section 3 of the Small Business Act (15 

17 U.S.C. 632); 

18 (4) the term ‘‘socially and economically dis19 advantaged small business concern’’ has the mean20 ing given that term in section 8(a)(4)(A) of the 

21 Small Business Act (15 U.S.C. 6537(a)(4)(A)); and 

22 (5) the term ‘‘State’’ means each of the several 

23 States, the District of Columbia, the Commonwealth 

24 of Puerto Rico, the Virgin Islands, Guam, and 

25 American Samoa. 


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1 (b) ESTABLISHMENT OF PROGRAM.—The Associate 

2 Administrator shall establish a 3-year trade and export 

3 promotion pilot program to be known as the State Trade 

4 and Export Promotion Grant Program, to make grants 

5 to States to carry out export programs that assist eligible 

6 small business concerns in— 

7 (1) participation in a foreign trade mission; 

8 (2) a foreign market sales trip; 

9 (3) a subscription to services provided by the 

10 Department of Commerce; 

11 (4) the payment of website translation fees; 

12 (5) the design of international marketing 

13 media; 

14 (6) a trade show exhibition; 

15 (7) participation in training workshops; or 

16 (8) any other export initiative determined ap17 propriate by the Associate Administrator. 

18 (c) GRANTS.— 

19 (1) JOINT REVIEW.—In carrying out the pro20 gram, the Associate Administrator may make a 

21 grant to a State to increase the number of eligible 

22 small business concerns in the State that export or 

23 to increase the value of the exports by eligible small 

24 business concerns in the State. 


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1 (2) CONSIDERATIONS.—In making grants 

2 under this section, the Associate Administrator may 

3 give priority to an application by a State that pro4 poses a program that— 

5 (A) focuses on eligible small business con6 cerns as part of an export promotion program; 

7 (B) demonstrates success in promoting ex8 ports by— 

9 (i) socially and economically disadvan10 taged small business concerns; 

11 (ii) small business concerns owned or 

12 controlled by women; and 

13 (iii) rural small business concerns; 

14 (C) promotes exports from a State that is 

15 not 1 of the 10 States with the highest percent16 age of exporters that are small business con17 cerns, based upon the latest data available from 

18 the Department of Commerce; and 

19 (D) promotes new-to-market export oppor20 tunities to the People’s Republic of China for 

21 eligible small business concerns in the United 

22 States. 

23 (3) LIMITATIONS.— 


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1 (A) SINGLE APPLICATION.—A State may 

2 not submit more than 1 application for a grant 

3 under the program in any 1 fiscal year. 

4 (B) PROPORTION OF AMOUNTS.—The total 

5 value of grants under the program made during 

6 a fiscal year to the 10 States with the highest 

7 percentage of exporters that are small business 

8 concerns, based upon the latest data available 

9 from the Department of Commerce, shall be not 

10 more than 50 percent of the amounts appro11 priated for the program for that fiscal year. 

12 (4) APPLICATION.—A State desiring a grant 

13 under the program shall submit an application at 

14 such time, in such manner, and accompanied by 

15 such information as the Associate Administrator 

16 may establish. 

17 (d) COMPETITIVE BASIS.—The Associate Adminis18 trator shall award grants under the program on a competi19 tive basis. 

20 (e) FEDERAL SHARE.—The Federal share of the cost 

21 of an export program carried out using a grant under the 

22 program shall be— 

23 (1) for a State that has a high export volume, 

24 as determined by the Associate Administrator, not 

25 more than 65 percent; and 


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1 (2) for a State that does not have a high export 

2 volume, as determined by the Associate Adminis3 trator, not more than 75 percent. 

4 (f) REPORTS.— 

5 (1) INITIAL REPORT.—Not later than 120 days 

6 after the date of enactment of this Act, the Asso7 ciate Administrator shall submit to the Committee 

8 on Small Business and Entrepreneurship of the Sen9 ate and the Committee on Small Business of the 

10 House of Representatives a report, which shall in11 clude— 

12 (A) a description of the structure of and 

13 procedures for the program; 

14 (B) a management plan for the program; 

15 and 

16 (C) a description of the merit-based review 

17 process to be used in the program. 

18 (2) ANNUAL REPORTS.—The Associate Admin19 istrator shall submit an annual report to the Com20 mittee on Small Business and Entrepreneurship of 

21 the Senate and the Committee on Small Business of 

22 the House of Representatives regarding the pro23 gram, which shall include— 


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1 (A) the number and amount of grants 

2 made under the program during the preceding 

3 year; 

4 (B) a list of the States receiving a grant 

5 under the program during the preceding year, 

6 including the activities being performed with 

7 grant; and 

8 (C) the effect of each grant on exports by 

9 eligible small business concerns in the State re10 ceiving the grant. 

11 (g) REVIEWS BY INSPECTOR GENERAL.— 

12 (1) IN GENERAL.—The Inspector General of 

13 the Administration shall conduct a review of— 

14 (A) the extent to which recipients of grants 

15 under the program are measuring the perform16 ance of the activities being conducted and the 

17 results of the measurements; and 

18 (B) the overall management and effective19 ness of the program. 

20 (2) REPORT.—Not later than September 30, 

21 2012, the Inspector General of the Administration 

22 shall submit to the Committee on Small Business 

23 and Entrepreneurship of the Senate and the Com24 mittee on Small Business of the House of RepVerDate Nov 24 2008 00:00 Mar 21, 2010 Jkt 089200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S3103.IS S3103

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1 resentatives a report regarding the review conducted 

2 under paragraph (1). 

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out the program 

5 $15,000,000 for each of fiscal years 2010, 2011, and 

6 2012. 

7 (i) TERMINATION.—The authority to carry out the 

8 program shall terminate 3 years after the date on which 

9 the Associate Administrator establishes the program. 

10 SEC. 308. RURAL EXPORT PROMOTION. 

11 Not later than 6 months after the date of enactment 

12 of this Act, the Administrator, in consultation with the 

13 Secretary of Agriculture and the Secretary of Commerce, 

14 shall submit to the Committee on Small Business and En15 trepreneurship of the Senate and the Committee on Small 

16 Business of the House of Representatives a report that 

17 contains— 

18 (1) a description of each program of the Ad19 ministration that promotes exports by rural small 

20 business concerns, including— 

21 (A) the number of rural small business 

22 concerns served by the program; 

23 (B) the change, if any, in the number of 

24 rural small business concerns as a result of par25 ticipation in the program during the 10-year 


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1 period ending on the date of enactment of this 

2 Act; 

3 (C) the volume of exports by rural small 

4 business concerns that participate in the pro5 gram; and 

6 (D) the change, if any, in the volume of 

7 exports by rural small businesses that partici8 pate in the program during the 10-year period 

9 ending on the date of enactment of this Act; 

10 (2) a description of the coordination between 

11 programs of the Administration and other Federal 

12 programs that promote exports by rural small busi13 ness concerns; 

14 (3) recommendations, if any, for improving the 

15 coordination described in paragraph (2); 

16 (4) a description of any plan by the Administra17 tion to market the international trade financing pro18 grams of the Administration through lenders that— 

19 (A) serve rural small business concerns; 

20 and 

21 (B) are associated with financing programs 

22 of the Department of Agriculture; 

23 (5) recommendations, if any, for improving co24 ordination between the counseling programs and ex25 port financing programs of the Administration, in 


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1 order to increase the volume of exports by rural 

2 small business concerns; and 

3 (6) any additional information the Adminis4 trator determines is necessary. 

5 SEC. 309. INTERNATIONAL TRADE COOPERATION BY SMALL 

6 BUSINESS DEVELOPMENT CENTERS. 

7 Section 21(a) of the Small Business Act (15 U.S.C. 

8 648(a)) is amended— 

9 (1) by striking ‘‘(2) The Small Business Devel10 opment Centers’’ and inserting the following: 

11 ‘‘(2) COOPERATION TO PROVIDE INTER12 NATIONAL TRADE SERVICES.— 

13 ‘‘(A) INFORMATION AND SERVICES.—The 

14 small business development centers’’; and 

15 (2) in paragraph (2)— 

16 (A) in subparagraph (A), as so designated, 

17 by inserting ‘‘(including State trade agencies),’’ 

18 after ‘‘local agencies’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(B) COOPERATION WITH STATE TRADE

21 AGENCIES AND EXPORT ASSISTANCE CEN22 TERS.—A small business development center 

23 that counsels a small business concern on issues 

24 relating to international trade shall— 


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1 ‘‘(i) consult with State trade agencies 

2 and Export Assistance Centers to provide 

3 appropriate services to the small business 

4 concern; and 

5 ‘‘(ii) as necessary, refer the small 

6 business concern to a State trade agency 

7 or an Export Assistance Center for further 

8 counseling or assistance. 

9 ‘‘(C) DEFINITION.—In this paragraph, the 

10 term ‘Export Assistance Center’ has the same 

11 meaning as in section 22.’’. 

12 TITLE IV—SMALL BUSINESS 

13 REGULATORY REFORM 

14 SEC. 401. SHORT TITLE. 

15 This title may be cited as the ‘‘Job Impact Analysis 

16 Act of 2010’’. 

17 SEC. 402. FINDINGS. 

18 Congress finds the following: 

19 (1) A vibrant and growing small business sector 

20 is critical to the recovery of the economy of the 

21 United States. 

22 (2) Regulations designed for application to 

23 large-scale entities have been applied uniformly to 

24 small businesses and other small entities, sometimes 


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1 inhibiting the ability of small entities to create new 

2 jobs. 

3 (3) Uniform Federal regulatory and reporting 

4 requirements in many instances have imposed on 

5 small businesses and other small entities unneces6 sary and disproportionately burdensome demands, 

7 including legal, accounting, and consulting costs, 

8 thereby threatening the viability of small entities 

9 and the ability of small entities to compete and cre10 ate new jobs in a global marketplace. 

11 (4) Since 1980, Federal agencies have been re12 quired to recognize and take account of the dif13 ferences in the scale and resources of regulated enti14 ties, but in many instances have failed to do so. 

15 (5) In 2009, there were nearly 70,000 pages in 

16 the Federal Register, and, according to research by 

17 the Office of Advocacy of the Small Business Admin18 istration, the annual cost of Federal regulations to19 tals $1,100,000,000,000. Small firms bear a dis20 proportionate burden, paying approximately 45 per21 cent, or $7,647, more per employee than larger 

22 firms in annual regulatory compliance costs. 

23 (6) The Federal Government should fully con24 sider the costs, including indirect economic impacts 


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1 and the potential for job creation and job loss, of 

2 proposed rules. 

3 (7) It is the intention of Congress to amend 

4 chapter 6 of title 5, United States Code, to ensure 

5 that all impacts, including foreseeable indirect ef6 fects, of proposed and final rules are considered by 

7 agencies during the rulemaking process and that the 

8 agencies assess a full range of alternatives that will 

9 limit adverse economic consequences, enhance eco10 nomic benefits, and fully address potential job cre11 ation or job loss. 

12 (8) To the maximum extent practicable, the Di13 rector of the Congressional Budget Office should, in 

14 certain estimates the Director prepares with respect 

15 to bills or joint resolutions reported by congressional 

16 committees, estimate the potential job creation or 

17 job loss attributable to the bills or joint resolutions. 

18 SEC. 403. JOB IMPACT STATEMENT FOR REPORTED BILLS 

19 AND JOINT RESOLUTIONS. 

20 Section 424 of the Congressional Budget and Im21 poundment Control Act of 1974 (2 U.S.C. 658c) is amend22 ed— 

23 (1) in subsection (a)(2)— 

24 (A) in subparagraph (B), by striking 

25 ‘‘and’’ at the end; 


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1 (B) in subparagraph (C), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(D) if the Director estimates that the 

5 total amount of direct costs of all Federal inter6 governmental mandates in the bill or joint reso7 lution will equal or exceed $5,000,000,000 (ad8 justed annually for inflation), to the extent 

9 practicable, the potential job creation or job loss 

10 in State, local, and tribal governments as a re11 sult of the mandates.’’; and 

12 (2) in subsection (b)(2)— 

13 (A) in subparagraph (A), by striking 

14 ‘‘and’’ at the end; 

15 (B) in subparagraph (B), by striking the 

16 period at the end and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(C) if the Director estimates that the 

19 total amount of direct costs of all Federal pri20 vate sector mandates in the bill or joint resolu21 tion will equal or exceed $5,000,000,000 (ad22 justed annually for inflation), to the extent 

23 practicable, the potential job creation or job loss 

24 in the private sector as a result of the man25 dates.’’. 


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1 SEC. 404. CLARIFICATION AND EXPANSION OF RULES COV2 ERED BY THE REGULATORY FLEXIBILITY 

3 ACT. 

4 Section 601 of title 5, United States Code, is amend5 ed— 

6 (1) in paragraph (6), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (7)(B), by striking the period 

9 at the end and inserting a semicolon; 

10 (3) in paragraph (8)— 

11 (A) by striking ‘‘RECORDKEEPING RE12 QUIREMENT.—The’’ and inserting ‘‘the’’; and 

13 (B) by striking the period at the end and 

14 inserting ‘‘; and’’; and 

15 (4) by adding at the end the following: 

16 ‘‘(9) the term ‘economic impact’ means, with 

17 respect to a proposed or final rule— 

18 ‘‘(A) any direct economic effect of the rule 

19 on small entities; and 

20 ‘‘(B) any indirect economic effect on small 

21 entities, including potential job creation or job 

22 loss, that is reasonably foreseeable and that re23 sults from the rule, without regard to whether 

24 small entities are directly regulated by the 

25 rule.’’. 


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1 SEC. 405. REQUIREMENTS PROVIDING FOR MORE DE2 TAILED ANALYSES. 

3 (a) INITIAL REGULATORY FLEXIBILITY ANALYSIS.— 

4 Section 603 of title 5, United States Code, is amended— 

5 (1) by striking subsection (b) and inserting the 

6 following: 

7 ‘‘(b) Each initial regulatory flexibility analysis re8 quired under this section shall contain a detailed state9 ment— 

10 ‘‘(1) describing the reasons why action by the 

11 agency is being considered; 

12 ‘‘(2) describing the objectives of, and legal basis 

13 for, the proposed rule; 

14 ‘‘(3) estimating the number and type of small 

15 entities to which the proposed rule will apply; 

16 ‘‘(4) describing the projected reporting, record17 keeping, and other compliance requirements of the 

18 proposed rule, including an estimate of the classes of 

19 small entities which will be subject to the require20 ment and the type of professional skills necessary 

21 for preparation of the report and record; 

22 ‘‘(5) describing all relevant Federal rules which 

23 may duplicate, overlap, or conflict with the proposed 

24 rule, or the reasons why such a description could not 

25 be provided; and 


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1 ‘‘(6) estimating the additional cumulative eco2 nomic impact of the proposed rule on small entities, 

3 including job creation and employment by small enti4 ties, beyond that already imposed on the class of 

5 small entities by the agency, or the reasons why 

6 such an estimate is not available.’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(d) An agency shall notify the Chief Counsel for Ad9 vocacy of the Small Business Administration of any draft 

10 rules that may have a significant economic impact on a 

11 substantial number of small entities— 

12 ‘‘(1) not later than the date on which the agen13 cy submits a draft rule to the Office of Information 

14 and Regulatory Affairs at the Office of Management 

15 and Budget under Executive Order 12866, if that 

16 order requires such submission; or 

17 ‘‘(2) if no submission to the Office of Informa18 tion and Regulatory Affairs is so required, at a rea19 sonable time prior to publication of the rule by the 

20 agency.’’. 

21 (b) FINAL REGULATORY FLEXIBILITY ANALYSIS.— 

22 (1) IN GENERAL.—Section 604(a) of title 5, 

23 United States Code, is amended— 

24 (A) by inserting ‘‘detailed’’ before ‘‘de25 scription’’ each place it appears; 


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1 (B) in paragraph (1), by striking ‘‘suc2 cinct’’; 

3 (C) in paragraph (2)— 

4 (i) by striking ‘‘summary’’ each place 

5 it appears and inserting ‘‘statement’’; and 

6 (ii) by inserting ‘‘(or certification of 

7 the proposed rule under section 605(b))’’ 

8 after ‘‘initial regulatory flexibility anal9 ysis’’; 

10 (D) in paragraph (3), by striking ‘‘an ex11 planation’’ and inserting ‘‘a detailed expla12 nation’’; 

13 (E) by redesignating paragraphs (3), (4), 

14 and (5) as paragraphs (4), (5), and (6), respec15 tively; and 

16 (F) by inserting after paragraph (2) the 

17 following: 

18 ‘‘(3) the response of the agency to any com19 ments filed by the Chief Counsel for Advocacy of the 

20 Small Business Administration in response to the 

21 proposed rule, and a detailed statement of any 

22 change made to the proposed rule in the final rule 

23 as a result of the comments;’’. 


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1 (2) PUBLICATION OF ANALYSIS ON WEB SITE, 

2 ETC.—Section 604(b) of title 5, United States Code, 

3 is amended to read as follows: 

4 ‘‘(b) The agency shall— 

5 ‘‘(1) make copies of the final regulatory flexi6 bility analysis available to the public, including by 

7 publishing the entire final regulatory flexibility anal8 ysis on the Web site of the agency; and 

9 ‘‘(2) publish in the Federal Register the final 

10 regulatory flexibility analysis, or a summary of the 

11 analysis that includes the telephone number, mailing 

12 address, and address of the Web site where the com13 plete final regulatory flexibility analysis may be ob14 tained.’’. 

15 (c) CROSS-REFERENCES TO OTHER ANALYSES.— 

16 Section 605(a) of title 5, United States Code, is amended 

17 to read as follows: 

18 ‘‘(a) A Federal agency shall be deemed to have satis19 fied a requirement regarding the content of a regulatory 

20 flexibility agenda or regulatory flexibility analysis under 

21 section 602, 603, or 604, if the Federal agency provides 

22 in the agenda or regulatory flexibility analysis a cross-ref23 erence to the specific portion of an agenda or analysis that 

24 is required by another law and that satisfies the require25 ment.’’. 


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1 (d) CERTIFICATIONS.—The second sentence of sec2 tion 605(b) of title 5, United States Code, is amended by 

3 striking ‘‘statement providing the factual’’ and inserting 

4 ‘‘detailed statement providing the factual and legal’’. 

5 (e) QUANTIFICATION REQUIREMENTS.—Section 607 

6 of title 5, United States Code, is amended to read as fol7 lows: 

8 ‘‘§ 607. Quantification requirements 

9 ‘‘In complying with sections 603 and 604, an agency 

10 shall provide— 

11 ‘‘(1) a quantifiable or numerical description of 

12 the effects of the proposed or final rule, including an 

13 estimate of the potential for job creation or job loss, 

14 and alternatives to the proposed or final rule; or 

15 ‘‘(2) a more general descriptive statement and 

16 a detailed statement explaining why quantification is 

17 not practicable or reliable.’’. 

18 SEC. 406. PERIODIC REVIEW OF RULES. 

19 Section 610 of title 5, United States Code, is amend20 ed to read as follows: 

21 ‘‘§ 610. Periodic review of rules 

22 ‘‘(a) Not later than 180 days after the enactment of 

23 the Job Impact Analysis Act of 2010, each agency shall 

24 publish in the Federal Register and place on its Web site 

25 a plan for the periodic review of rules issued by the agency 


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1 that the head of the agency determines has a significant 

2 economic impact on a substantial number of small entities. 

3 Such determination shall be made without regard to 

4 whether the agency performed an analysis under section 

5 604. The purpose of the review shall be to determine 

6 whether such rules should be continued without change, 

7 or should be amended or rescinded, consistent with the 

8 stated objectives of applicable statutes, to minimize any 

9 significant adverse economic impacts on a substantial 

10 number of small entities (including an estimate of any ad11 verse impacts on job creation and employment by small 

12 entities). Such plan may be amended by the agency at any 

13 time by publishing the revision in the Federal Register 

14 and subsequently placing the amended plan on the Web 

15 site of the agency. 

16 ‘‘(b) The plan shall provide for the review of all such 

17 agency rules existing on the date of the enactment of the 

18 Job Impact Analysis Act of 2010 within 10 years after 

19 the date of publication of the plan in the Federal Register 

20 and every 10 years thereafter and for review of rules 

21 adopted after the date of enactment of the Job Impact 

22 Analysis Act of 2010 within 10 years after the publication 

23 of the final rule in the Federal Register and every 10 years 

24 thereafter. If the head of the agency determines that com25 pletion of the review of existing rules is not feasible by 


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1 the established date, the head of the agency shall so certify 

2 in a statement published in the Federal Register and may 

3 extend the review for not longer than 2 years after publi4 cation of notice of extension in the Federal Register. Such 

5 certification and notice shall be sent to the Chief Counsel 

6 for Advocacy and Congress. 

7 ‘‘(c) Each agency shall annually submit a report re8 garding the results of its review pursuant to such plan 

9 to Congress and, in the case of agencies other than inde10 pendent regulatory agencies (as defined in section 3502(5) 

11 of title 44, United States Code), to the Administrator of 

12 the Office of Information and Regulatory Affairs of the 

13 Office of Management and Budget. Such report shall in14 clude the identification of any rule with respect to which 

15 the head of the agency made a determination of infeasi16 bility under paragraph (5) or (6) of subsection (d) and 

17 a detailed explanation of the reasons for such determina18 tion. 

19 ‘‘(d) In reviewing rules under such plan, the agency 

20 shall consider— 

21 ‘‘(1) the continued need for the rule; 

22 ‘‘(2) the nature of complaints received by the 

23 agency from small entities concerning the rule; 

24 ‘‘(3) comments by the Regulatory Enforcement 

25 Ombudsman and the Chief Counsel for Advocacy; 


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1 ‘‘(4) the complexity of the rule; 

2 ‘‘(5) the extent to which the rule overlaps, du3 plicates, or conflicts with other Federal rules and, 

4 unless the head of the agency determines it to be in5 feasible, State and local rules; 

6 ‘‘(6) the contribution of the rule to the cumu7 lative economic impact of all Federal rules on the 

8 class of small entities affected by the rule, unless the 

9 head of the agency determines that such calculations 

10 cannot be made and reports that determination in 

11 the annual report required under subsection (c); 

12 ‘‘(7) the length of time since the rule has been 

13 evaluated, or the degree to which technology, eco14 nomic conditions, or other factors have changed in 

15 the area affected by the rule; and 

16 ‘‘(8) the current impact of the rule, including— 

17 ‘‘(A) the estimated number of small enti18 ties to which the rule will apply; 

19 ‘‘(B) the estimated number of small busi20 ness jobs that will be lost or created by the 

21 rule; and 

22 ‘‘(C) the projected reporting, recordkeeping 

23 and other compliance requirements of the pro24 posed rule, including— 


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1 ‘‘(i) an estimate of the classes of small 

2 entities that will be subject to the require3 ment; and 

4 ‘‘(ii) the type of professional skills 

5 necessary for preparation of the report or 

6 record. 

7 ‘‘(e) The agency shall publish in the Federal Register 

8 and on the Web site of the agency a list of rules to be 

9 reviewed pursuant to such plan. Such publication shall in10 clude a brief description of the rule, the reason why the 

11 agency determined that it has a significant economic im12 pact on a substantial number of small entities (without 

13 regard to whether the agency had prepared a final regu14 latory flexibility analysis for the rule), and request com15 ments from the public, the Chief Counsel for Advocacy, 

16 and the Regulatory Enforcement Ombudsman concerning 

17 the enforcement of the rule.’’. 

18 SEC. 407. OFFICE OF ADVOCACY. 

19 (a) IN GENERAL.—Section 203 of Public Law 94– 

20 305 (15 U.S.C. 634c) is amended— 

21 (1) in paragraph (4), by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (5), by striking the period and 

24 inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(6) carry out the responsibilities of the Office 

2 of Advocacy under chapter 6 of title 5, United 

3 States Code.’’. 

4 (b) BUDGETARY LINE ITEM AND AUTHORIZATION OF

5 APPROPRIATIONS.—Title II of Public Law 94–305 (15 

6 U.S.C. 634a et seq.) is amended by striking section 207 

7 and inserting the following: 

8 ‘‘SEC. 207. BUDGETARY LINE ITEM AND AUTHORIZATION OF 

9 APPROPRIATIONS. 

10 ‘‘(a) APPROPRIATION REQUESTS.—Each budget of 

11 the United States Government submitted by the President 

12 under section 1105 of title 31, United States Code, shall 

13 include a separate statement of the amount of appropria14 tions requested for the Office of Advocacy of the Small 

15 Business Administration, which shall be designated in a 

16 separate account in the General Fund of the Treasury. 

17 ‘‘(b) ADMINISTRATIVE OPERATIONS.—The Adminis18 trator of the Small Business Administration shall provide 

19 the Office of Advocacy with appropriate and adequate of20 fice space at central and field office locations, together 

21 with such equipment, operating budget, and communica22 tions facilities and services as may be necessary, and shall 

23 provide necessary maintenance services for such offices 

24 and the equipment and facilities located in such offices. 


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

2 are authorized to be appropriated such sums as are nec3 essary to carry out this title. Any amount appropriated 

4 under this subsection shall remain available, without fiscal 

5 year limitation, until expended.’’. 

6 SEC. 408. CLERICAL AMENDMENTS. 

7 (a) HEADING.—The heading of section 605 of title 

8 5, United States Code, is amended to read as follows: 

9 ‘‘§ 605. Incorporations by reference and certifi10 cations’’. 

11 (b) TABLE OF SECTIONS.—The table of sections for 

12 chapter 6 of title 5, United States Code, is amended— 

13 (1) by striking the item relating to section 605 

14 and inserting the following: 

‘‘605. Incorporations by reference and certifications.’’; 

15 and 

16 (2) by striking the item relating to section 607 

17 and inserting the following: 

‘‘607. Quantification requirements.’’. 

18 TITLE V—OTHER PROVISIONS 

19 SEC. 501. FUNDS FOR SBDCS. 

20 (a) IN GENERAL.—There is appropriated, out of any 

21 funds in the Treasury not otherwise appropriated, for an 

22 additional amount for ‘‘Small Business Administration— 

23 Salaries and Expenses’’, $50,000,000, to remain available 

24 until January 1, 2012, for grants to small business develVerDate Nov 24 2008 00:00 Mar 21, 2010 Jkt 089200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S3103.IS S3103

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1 opment centers under section 21 of the Small Business 

2 Act (15 U.S.C. 648) to provide targeted technical assist3 ance to small business concerns (as defined under section 

4 3 of the Small Business Act (15 U.S.C. 632)) seeking ac5 cess to capital or credit, Federal procurement opportuni6 ties, energy efficiency audits to reduce energy bills, oppor7 tunities to export products or provide services to foreign 

8 customers, or other assistance. 

9 (b) ALLOCATION.— 

10 (1) IN GENERAL.—Subject to paragraph (2), 

11 and notwithstanding the requirements of section 

12 21(a)(4)(C)(iii) of the Small Business Act (15 

13 U.S.C. 648(a)(4)(C)(iii)), the amount appropriated 

14 under subsection (a) shall be allocated under the for15 mula under section 21(a)(4)(C)(i) of that Act. 

16 (2) MINIMUM FUNDING.—The amount made 

17 available under this section to each State shall be 

18 not less than $325,000. 

19 (3) TYPES OF USES.—Of the total amount of 

20 the grants awarded by the Administrator under this 

21 section— 

22 (A) not less than 80 percent shall be used 

23 for counseling of small business concerns; and 

24 (B) not more than 20 percent may be used 

25 for classes or seminars. 


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1 (c) NO NON-FEDERAL SHARE REQUIRED.—Notwith2 standing section 21(a)(4)(A) of the Small Business Act 

3 (15 U.S.C. 648(a)(4)(A)), the recipient of a grant made 

4 using amounts appropriated under subsection (a) shall not 

5 be required to provide non-Federal matching funds. 

6 (d) DISTRIBUTION.—Not later than 30 days after the 

7 date of enactment of this Act, the Administrator of the 

8 Small Business Administration shall disburse the total 

9 amount appropriated under subsection (a). 

10 SEC. 502. TEMPORARY WAIVER AUTHORITY FOR WOMEN’S 

11 BUSINESS CENTER PROGRAM. 

12 (a) DEFINITIONS.—In this section— 

13 (1) the term ‘‘Administrator’’ means the Ad14 ministrator of the Small Business Administration; 

15 (2) the term ‘‘recipient organization’’ means an 

16 organization receiving financial assistance from the 

17 Administrator under the women’s business center 

18 program; and 

19 (3) the term ‘‘women’s business center pro20 gram’’ means the women’s business center program 

21 under section 29 of the Small Business Act (15 

22 U.S.C. 656). 

23 (b) AUTHORITY.—Upon request by a recipient orga24 nization, and in accordance with this section, the Adminis25 trator may waive, in whole or in part, the requirement to 


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1 obtain non-Federal funds under section 29(c) of the Small 

2 Business Act (15 U.S.C. 656(c)) for the technical assist3 ance and counseling activities of the recipient organization 

4 carried out using financial assistance under the women’s 

5 business center program. 

6 (c) CONSIDERATIONS.—In determining whether to 

7 waive the requirement to obtain non-Federal funds under 

8 this section, the Administrator shall consider— 

9 (1) the economic conditions affecting the recipi10 ent organization; 

11 (2) the impact a waiver under this section 

12 would have on the credibility of the women’s busi13 ness center program; 

14 (3) the demonstrated ability of the recipient or15 ganization to raise non-Federal funds; and 

16 (4) the performance of the recipient organiza17 tion. 

18 (d) LIMITATION.—The Administrator may not waive 

19 the requirement to obtain non-Federal funds under this 

20 section if granting the waiver would undermine the credi21 bility of the women’s business center program. 

22 (e) TERMINATION.—The Administrator may not 

23 grant a waiver of the requirement to obtain non-Federal 

24 funds under this section on or after January 1, 2012. 


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1 TITLE VI—FUNDING 

2 SEC. 601. OFFSET. 

3 Notwithstanding section 5 of the American Recovery 

4 and Reinvestment Act of 2009 (Public Law 111–5; 123 

5 Stat. 116), an amount equal to the total amount appro6 priated or made available under this Act is rescinded on 

7 a pro rata basis from unobligated amounts appropriated 

8 or made available under division A of the American Recov9 ery and Reinvestment Act of 2009 (Public Law 111–5; 

10 123 Stat. 116). 

11 SEC. 602. EMERGENCY DESIGNATION. 

12 (a) STATUTORY.—This Act is designated as an emer13 gency requirement pursuant to section 4(g) of the Statu14 tory Pay-As-You-Go Act of 2010 (Public Law 111–139; 

15 2 U.S.C. 933(g)). 

16 (b) RULEMAKING.—This Act is designated as an 

17 emergency requirement pursuant to section 403(a) of S. 

18 Con. Res. 13 (111th Congress), the concurrent resolution 

19 on the budget for fiscal year 2010. 

Æ 


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