102 
who delivers peer learning opportunities under the 
pilot program; and 
(3) requirements for transitioning peer learning 
opportunities funded under the pilot program to 
non-governmental funding. 
SEC. 335. DEFINITIONS. 
In this subtitle: 
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Small Business Administration. 
(2) The term ‘‘peer learning opportunities’’ 
means formally organized peer groups of owners, 
presidents and chief executive officers in non-com-
peting second-stage business concerns, meeting regu-
larly with a professionally trained facilitator. 
(3) The term ‘‘second-stage small business con-
cern’’ means a small business concern that— 
(A) has experienced high growth dem-
onstrated by— 
(i) an average annual revenue or em-
ployee growth rate of at least 15 percent 
during the preceding 3 years; or 
(ii) any 3 of— 
(I) owning proprietary intellec-
tual property; 
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103 
(II) addressing an underserved or 
growing market; 
(III) having a sustainable com-
petitive advantage; 
(IV) exporting goods or services 
outside of its community; and 
(V) having a product or service 
that is scalable to a large market; and 
(B) does not exceed the size standard for 
the North American Industrial Classification 
System code of such concern, as established 
pursuant to section 3(a) of the Small Business 
Act (15 U.S.C. 632(a)). 
(4) The term ‘‘small business concern’’ has the 
meaning given that term under section 3 of the 
Small Business Act (15 U.S.C. 632). 
(5) The term ‘‘State’’ means each of the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, the Virgin Islands, Guam, and 
American Samoa. 
(6) The term ‘‘community college’’ has the 
meaning given that term in section 3301(3) of the 
Higher Education Act of 1965 (20 U.S.C. 7011(3)). 
(7) The term ‘‘historically Black college’’ means 
a part B institution, as defined in section 322(2) of 
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104 
the Higher Education Act of 1965 (20 U.S.C. 
1061(2)). 
(8) The term ‘‘Hispanic-serving institution’’ has 
the meaning given that term in section 502(a)(5) of 
the Higher Education Act of 1965 (20 U.S.C. 
1101a(a)(5)). 
(9) The term ‘‘minority institution’’ has the 
meaning given that term in section 365(3) of the 
Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1067k(3)). 
SEC. 336. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Subject to subsection (b), there 
is authorized to be appropriated to carry out this subtitle 
$1,500,000 for each of fiscal years 2008 through 2011. 
(b) AMOUNTS AUTHORIZED ONLY IF SECTION 21 
FULLY FUNDED.—No funds are authorized to be appro-
priated to carry out this section for a fiscal year unless 
the program level authorized to be appropriated to carry 
out section 21 is fully funded for that fiscal year. 
(c) LIMITATION ON USE OF OTHER FUNDS.—The 
Administrator shall carry out this subtitle using only 
amounts appropriated in advance specifically for the pur-
pose of carrying out this subtitle. 
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105 
Subtitle E—Trade Provisions 
SEC. 341. ESTABLISHMENT OF ASSOCIATE ADMINISTRATOR 
FOR INTERNATIONAL TRADE IN SMALL BUSI-
NESS ADMINISTRATION. 
(a) ESTABLISHMENT.—Section 22(a) of the Small 
Business Act (15 U.S.C. 649(a)) is amended by adding 
at the end the following: ‘‘The head of the Office shall 
be the Associate Administrator for International Trade, 
who shall be responsible to the Administrator.’’. 
(b) AUTHORITY FOR ADDITIONAL ASSOCIATE AD-
MINISTRATOR.—Section 4(b)(1) of the Small Business Act 
(15 U.S.C. 633(b)(1)) is amended— 
(1) in the fifth sentence, by striking ‘‘five Asso-
ciate Administrators’’ and inserting ‘‘Associate Ad-
ministrators’’; and 
(2) by adding at the end the following: ‘‘One of 
the Associate Administrators shall be the Associate 
Administrator for International Trade, who shall be 
the head of the Office of International Trade estab-
lished under section 22.’’. 
(c) 
DISCHARGE
OF
ADMINISTRATION
INTER-
NATIONAL TRADE RESPONSIBILITIES.—Section 22 of the 
Small Business Act, as amended by subsection (a), is fur-
ther amended by adding at the end the following new sub-
section: 
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‘‘(h) The Administrator shall ensure that— 
‘‘(1) the responsibilities of the Administration 
regarding international trade are carried out 
through the Associate Administrator for Inter-
national Trade; 
‘‘(2) the Associate Administrator for Inter-
national Trade has sufficient resources to carry out 
such responsibilities; and 
‘‘(3) the Associate Administrator for Inter-
national Trade has direct supervision and control 
over the staff of the Office of International Trade, 
and over any employee of the Administration whose 
principal duty station is a United States Export As-
sistance Center or any successor entity.’’. 
(d) ROLE OF ASSOCIATE ADMINISTRATOR IN CAR-
RYING OUT INTERNATIONAL TRADE POLICY.—Section 
2(b)(1) of such Act (15 U.S.C. 631(b)(1)) is amended in 
the matter preceding subparagraph (A)— 
(1) by inserting ‘‘the Administrator of’’ before 
‘‘the Small Business Administration’’; and 
(2) by inserting ‘‘through the Associate Admin-
istrator for International Trade’’ before ‘‘in coopera-
tion with’’. 
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107 
(e) CONFORMING AMENDMENTS.—Section 22 of the 
Small Business Act (15 U.S.C. 649), as amended by sub-
sections (a) and (c) is further amended— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘The Office’’ and inserting ‘‘The 
Associate Administrator’’; and 
(B) in paragraph (3), by striking ‘‘the di-
rector of the Office’’ and inserting ‘‘the Asso-
ciate Administrator’’; 
(2) in subsection (c) in the matter preceding 
paragraph (1), by striking ‘‘The Office’’ and insert-
ing ‘‘The Associate Administrator’’; 
(3) in subsection (d), by striking ‘‘Office’’ both 
places it appears and inserting ‘‘Associate Adminis-
trator’’; 
(4) in subsection (e), in the matter preceding 
paragraph (1), by striking ‘‘The Office’’ and insert-
ing ‘‘The Associate Administrator’’; and 
(5) in subsections (f) and (g), by striking ‘‘The 
Office’’ and inserting ‘‘The Associate Adminis-
trator’’. 
(f) TECHNICAL AMENDMENT.—Section 22 of the 
Small Business Act (15 U.S.C. 649), as amended by sub-
sections (a), (c), and (e), is further amended by striking 
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108 
the period at the end of subsection (c)(5) and inserting 
a semicolon. 
(g) EFFECTIVE DATE.—The Administrator shall ap-
point an Associate Administrator for International Trade 
pursuant to sections 4 and 22 of the Small Business Act 
(15 U.S.C. 648) (as amended by this section) not later 
than 90 days after the date of the enactment of this Act. 
TITLE IV—MISCELLANEOUS 
SEC. 401. SMALL BUSINESS DISASTER LOANS. 
(a) INCREASE IN CERTAIN ECONOMIC INJURY DIS-
ASTER LOAN AMOUNTS.—Section 7(b)(2) of the Small 
Business Act (15 U.S.C. 636(b)(2)) is amended— 
(1) by redesignating subparagraphs (A), (B), 
(C), and (D) as clauses (i), (ii), (iii), and (v), respec-
tively; 
(2) by striking ‘‘(2) to make sure loans’’ and 
inserting the following: ‘‘(2)(A) to make such loans’’; 
(3) by striking ‘‘or’’ at the end of each of 
clauses (i), (ii), and (iii), as redesignated by para-
graph (1); 
(4) by inserting after clause (iii) the following 
new clause (iv): 
‘‘(iv) an incident of national significance as 
declared by the Secretary of Homeland Security 
that is an actual or potential high-impact event 
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109 
that requires a coordinated and effective re-
sponse by an appropriate combination of Fed-
eral, State, local, tribal, nongovernmental, or 
private-sector entities in order to save lives and 
minimize damage and provide the basis for 
long-term community recovery and mitigation 
activities.’’; 
(5) by adding at the end the following new sub-
paragraphs: 
‘‘(B) In the case of an incident of national sig-
nificance described in subparagraph (A)(iv), a loan 
or guarantee under this paragraph may be made to 
a small business concern or small agricultural coop-
erative located inside or outside the declared disaster 
area, if the small business concern or small agricul-
tural cooperative suffered substantial economic in-
jury as a direct result of the incident of national sig-
nificance. 
‘‘(C) The aggregate amount of the following 
shall not exceed $10,000,000: 
‘‘(i) Any loan or guarantee made to a 
small business concern or small agricultural co-
operative pursuant to a determination of sub-
stantial economic injury as a result of an inci-
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110 
dent of national significance described in sub-
paragraph (A)(iv). 
‘‘(ii) Any loan or guarantee made to such 
small business concern or small agricultural co-
operative under paragraph (1)(D).’’; and 
(6) by striking ‘‘: Provided That no loan’’ and 
all that follows and inserting the following new sub-
paragraph: 
‘‘(D) No loan or guarantee shall be made to a 
small business concern or small agricultural coopera-
tive under this paragraph pursuant to a determina-
tion of substantial economic injury as a result of a 
disaster described in subparagraph (A) if the Ad-
ministrator finds such concern or cooperative is able 
to obtain credit elsewhere.’’. 
(b) TECHNICAL AMENDMENTS.—Section 7(b) of such 
Act is further amended— 
(1) by striking ‘‘the, Administration’’ and in-
serting ‘‘the Administration’’; and 
(2) in paragraph (2)(A)(i), as redesignated by 
subsection (a), by striking ‘‘Disaster Relief and 
Emergency Assistance Act’’ and inserting ‘‘Robert 
T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.)’’. 
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111 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall apply with respect to a loan 
or guarantee made on or after the date of the enactment 
of this Act. 
SEC. 402. DISASTER LOANS FOR INCIDENTS OF NATIONAL 
SIGNIFICANCE. 
(a) DISASTER LOANS FOR PRIVATE NONPROFIT OR-
GANIZATIONS.—The Administrator of the Small Business 
Administration may make or guarantee an economic in-
jury disaster loan under section 7(b)(2) of the Small Busi-
ness Act (15 U.S.C. 636(b)(2)) to a private nonprofit or-
ganization (as that term is defined in section 29(a)(2) of 
such Act (15 U.S.C. 656(a)(2))) that is located in an area 
affected by an incident of national significance (as de-
clared by the Secretary of Homeland Security). 
(b) DISASTER MITIGATION LOANS FOR SMALL BUSI-
NESSES.— 
(1) AUTHORITY.—The Administrator of the 
Small Business Administration may make or guar-
antee a mitigation loan to a small business concern 
(as defined in section 3 of the Small Business Act 
(15 U.S.C. 632)) that receives a loan under section 
7(b)(1)(A) of that Act (15 U.S.C. 636(b)(1)(A)) for 
the damage or destruction, by reason of an incident 
of national significance (as declared by the Secretary 
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112 
of Homeland Security), of property owned by the 
small business concern. 
(2) AMOUNT OF LOAN.—The amount of a loan 
under paragraph (1) shall not exceed 20 percent of 
the total amount of the cost of the damage or de-
struction referred to in paragraph (1). The total 
amount shall be calculated without regard for any 
costs for which the small business concern is reim-
bursed under any insurance policy or otherwise. 
(c) APPLICABILITY FOR FISCAL YEAR 2006 TO HUR-
RICANES KATRINA AND RITA.— 
(1) IN GENERAL.—For fiscal year 2006, the 
Administrator— 
(A) may carry out subsection (a) with re-
spect to a private nonprofit organization that 
was located, as of August 28, 2005, in a hurri-
cane-affected area; and 
(B) may carry out subsection (b) with re-
spect to a small business concern that was lo-
cated, as of August 28, 2005, in a hurricane- 
affected area, for damage or destruction by rea-
son of Hurricane Katrina or Hurricane Rita. 
(2) HURRICANE-AFFECTED
AREA
DEFINED.— 
The term ‘‘hurricane-affected area’’ means a county 
or parish in the State of Alabama, Mississippi, Lou-
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113 
isiana, or Texas, that has been designated by the 
Administrator of the Small Business Administration 
as a disaster area by reason of Hurricane Katrina 
or Hurricane Rita under disaster declaration 10176, 
10177, 10178, 10179, 10180, 10181, 10203, 10204, 
10205, or 10206. 
SEC. 403. SMALL BUSINESS DEVELOPMENT CENTER PORT-
ABILITY GRANTS. 
Section 21 of the Small Business Act (15 U.S.C.648) 
is amended in subsection (a)(4)(C)(viii)— 
(1) by striking ‘‘as a result of a business or 
government facility down sizing or closing, which has 
resulted in the loss of jobs or small business insta-
bility’’ and inserting ‘‘as a result of events that have 
resulted, or will result, in business or government fa-
cility downsizing or closing’’; and 
(2) by adding at the end the following: ‘‘At the 
discretion of the Administrator, awards in excess of 
the $100,000 limit imposed by the preceding sen-
tence may be made to recipients to accommodate ex-
traordinary occurrences having catastrophic impact 
on the communities’ small businesses.’’. 
SEC. 404. ASSISTANCE TO OUT-OF-STATE BUSINESSES. 
Section 21 of the Small Business Act (15 U.S.C. 
648(b)(3)) is amended in subsection (b)(3) by adding at 
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114 
the end the following: ‘‘The Administrator may also, in 
the Administrator’s discretion, authorize a small business 
development center to provide such assistance to small 
businesses located outside the State without regard to geo-
graphic proximity where the small businesses are located 
in a disaster area declared under section 7(b)(2)(A).’’ 
SEC. 405. ELIMINATION OF UNNECESSARY PROGRAMS. 
The following provisions of the Small Business Act 
are repealed: 
(1) Subsection (h) and (i) of section 7 (15 
U.S.C. 636). 
(2) Section 24 (15 U.S.C. 651). 
(3) Section 25 (15 U.S.C. 652). 
SEC. 406. TECHNICAL CORRECTION. 
Section 3 of the Small Business Act (15 U.S.C. 632) 
is amended in subsection (p)(4)(D)(iv) by striking ‘‘base 
closures of redevelopment’’ and inserting ‘‘base closures 
or redevelopment’’. 
SEC. 407. COMBATING WASTE, FRAUD, AND ABUSE. 
(a) IN GENERAL.—Section 16 of the Small Business 
Act (15 U.S.C. 645) is amended— 
(1) in subsection (a)— 
(A) by inserting after ‘‘false’’ the following: 
‘‘or knowingly causes another to make a false 
statement’’; 
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115 
(B) by inserting after ‘‘this Act’’ the fol-
lowing: ‘‘or the Small Business Investment Act 
of 1958’’; and 
(C) by striking ‘‘$5,000’’ and inserting 
‘‘$250,000’’; 
(2) in subsection (b)— 
(A) by inserting after ‘‘being’’ the fol-
lowing: ‘‘an officer, agent, or employee of the 
Administration or’’; and 
(B) by striking ‘‘$10,000’’ and inserting 
‘‘$250,000’’; 
(3) in subsection (c), by striking ‘‘the Adminis-
tration,’’ and all that follows through the period at 
the end and inserting ‘‘the Administration, or any 
property mortgaged or pledged as security for any 
promissory note, or other evidence of indebtedness, 
which has been given in order to obtain a loan under 
this Act or the Small Business Investment Act of 
1958, shall be fined not more than $250,000 or im-
prisoned not more than five years, or both; but if the 
value of such property does not exceed $5,000, he 
shall be fined not more than $10,000 or imprisoned 
not more than one year, or both.’’; and 
(4) in subsection (d)(2)(C), by inserting after 
‘‘(or any successor regulation)’’ the following: ‘‘, or 
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116 
as specified in part 145 of title 13, Code of Federal 
Regulations (or any successor regulation),’’. 
(b) AUTHORITY OF ADMINISTRATION TO REQUIRE 
IDENTIFICATION
OF REFERRAL AGENTS
AND PACK-
AGERS.—Section 5 of the Small Business Act (15 U.S.C. 
634) is amended in subsection (b)— 
(1) in paragraph (13) by striking ‘‘and’’ at the 
end; 
(2) in paragraph (14) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding after paragraph (14) the fol-
lowing: 
‘‘(15) require an individual who is a referral 
agent or packager (as those terms are defined by the 
Administrator) who provides assistance to a small 
business concern that applies for a loan under sec-
tion 7 of this Act, or a loan made under the author-
ity of title V of the Small Business Investment Act 
of 1958, to provide to the Administrator the individ-
ual’s name, date of birth, and Social Security num-
ber.’’. 
SEC. 408. RELIEF AVAILABLE AGAINST ADMINISTRATOR. 
Section 5 of the Small Business Act (15 U.S.C. 634) 
is amended in subsection (b)(1) by striking ‘‘but no at-
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117 
tachment’’ and all that follows through the semicolon at 
the end. 
SEC. 409. ECONOMIC INJURY DISASTER LOANS TO NON-
PROFITS. 
(a) IN GENERAL.—Section 7 of the Small Business 
Act (15 U.S.C. 636) is amended in subsection (b)(2)— 
(1) in the matter preceding subparagraph (A)— 
(A) by inserting after ‘‘small business con-
cern’’ the following: ‘‘, private nonprofit organi-
zation,’’; and 
(B) by inserting after ‘‘the concern’’ the 
following: ‘‘, organization,’’; and 
(2) in subparagraph (D) by inserting after 
‘‘small business concerns’’ the following: ‘‘, private 
nonprofit organizations,’’. 
(b) CONFORMING AMENDMENT.—Such section is fur-
ther amended in subsection (c)(5)(C) by inserting after 
‘‘business’’ the following: ‘‘, organization,’’. 
SEC. 410. EXTENSION OF CO-SPONSORSHIP AUTHORITY. 
Section 132 of the Small Business Reauthorization 
and Manufacturing Assistance Act of 2004 (division K of 
Public Law 108–447; 118 Stat. 3453; 15 U.S.C. 633 
note) is amended in subsection (c) by striking ‘‘2006’’ and 
inserting ‘‘2010’’. 
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118 
SEC. 
411. 
REGULATIONS 
ON 
SIZE 
STANDARDS 
OF 
FRANCHISEES. 
(a) PROMULGATION.—Not later than 180 days after 
the date of the enactment of this Act, the Administrator 
of the Small Business Administration shall repeal section 
121.103(i) of title 13, Code of Federal Regulations (as 
in effect on the date of the enactment of this Act), and 
promulgate a new regulation, after opportunity for notice 
and comment, taking into account whether the franchisee 
or licensee— 
(1) retains the majority of its profits but not 
less than 51 percent; 
(2) bears the burdens of its losses; 
(3) shares no common ownership or manage-
ment personnel with the franchisor or licensor; 
(4) maintains daily control of its operations in-
cluding determining who its customers will be; and 
(5) is subject to excessive restrictions on the 
sale of its business given the interest of the 
franchisor or licensor in protecting the goodwill of 
its trademarks, tradenames, or service marks. 
(b) FAILURE TO PROMULGATE NEW STANDARD.—If 
the Administrator fails to comply with subsection (a), any 
franchisee or licensee shall be treated as small for pur-
poses of the Small Business Act until the Administrator 
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119 
has issued a final regulation as required under subsection 
(a). 
SEC. 412. DISTRICT DIRECTORS PROHIBITED FROM BEING 
INVOLVED IN SELECTION OF SBDC DIREC-
TORS. 
Section 21(c)(2) of the Small Business Act (15 
U.S.C. 648(c)(2)) is amended by amending subparagraph 
(A) to read as follows: 
‘‘(A) a full-time staff, including a full-time 
director who— 
‘‘(i) shall have the authority to make 
expenditures under the center’s budget and 
shall manage the program activities; and 
‘‘(ii) shall be selected only by the re-
cipient of the grant funds allocated pursu-
ant to subsection (a) of this section and 
approved by the Associate Administrator of 
the Office of Small Business Development 
Centers, through a process under which 
employees in district and regional offices of 
the Administration, including District Di-
rectors and Regional Administrators, may 
provide advice to the Associate Adminis-
trator but shall have no authority to select, 
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120 
approve, or disapprove of any person as 
full-time director;’’. 
Æ 
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