I 
110TH CONGRESS 
1ST SESSION H. R. 2133 
To provide support for small business concerns, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 3, 2007 
Mr. ALLEN (for himself, Mr. MCHUGH, Mr. PATRICK J. MURPHY of Pennsyl-
vania, and Ms. EDDIE BERNICE JOHNSON of Texas) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committees on Small Business and Science and 
Technology, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To provide support for small business concerns, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be referred to as the ‘‘Small Business 
Investment and Promotion Act of 2007’’. 
VerDate Aug 31 2005 
04:11 May 05, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2133.IH
H2133
ccoleman on PRODPC74 with BILLS
SEC. 2. TEMPORARY CREDIT AGAINST INCOME TAX FOR 
SMALL BUSINESSES, FARMERS, AND FISHER-
MEN TO OFFSET HIGH FUEL COSTS. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to business-related credits) is amended by 
inserting after section 45N the following new section: 
‘‘SEC. 45O. TEMPORARY CREDIT FOR SMALL BUSINESSES, 
FARMERS, AND FISHERMEN TO OFFSET HIGH 
FUEL COSTS. 
‘‘(a) ALLOWANCE OF CREDIT.—In the case of an eli-
gible taxpayer, the excessive fuel cost credit determined 
under this section is an amount equal to the excessive fuel 
cost paid or incurred by the taxpayer during the taxable 
year for any creditable fuel used in any trade or business 
of the taxpayer. 
‘‘(b) EXCESSIVE FUEL COST.—For purposes of this 
section— 
‘‘(1) IN
GENERAL.—The term ‘excessive fuel 
cost’ means, with respect to any creditable fuel, the 
excess (if any) of— 
‘‘(A) the amount paid or incurred by the 
taxpayer for such fuel, over 
‘‘(B) the adjusted base price for such fuel. 
‘‘(2) ADJUSTED BASE PRICE.— 
VerDate Aug 31 2005 
04:11 May 05, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2133.IH
H2133
ccoleman on PRODPC74 with BILLS
‘‘(A) IN
GENERAL.—The term ‘adjusted 
base price’ means, with respect to any cred-
itable fuel, the amount determined by the Sec-
retary to be the applicable Labor Day 2004 
price for such fuel adjusted for inflation. 
‘‘(B) APPLICABLE PRICE.—The applicable 
Labor Day 2004 price for any fuel is the aver-
age price for such fuel for the region in which 
the taxpayer purchased such fuel (as deter-
mined using data of the Energy Information 
Agency of the Department of Energy). 
‘‘(C) INFLATION ADJUSTMENT.—The infla-
tion adjustment shall be determined under the 
principles of section 1(f); except that, the Sec-
retary shall use estimates of the monthly Con-
sumer Price Index (as defined in such section) 
where possible to more closely reflect current 
inflation. 
‘‘(c) ELIGIBLE TAXPAYER.—For purposes of this sec-
tion— 
‘‘(1) IN GENERAL.—The term ‘eligible taxpayer’ 
means any person engaged in a trade or business 
if— 
‘‘(A) such trade or business is— 
VerDate Aug 31 2005 
04:11 May 05, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2133.IH
H2133
ccoleman on PRODPC74 with BILLS
‘‘(i) a farming business (as defined in 
section 263A(e)(4)), or 
‘‘(ii) commercial fishing (as defined in 
section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 
U.S.C. 1802)), or 
‘‘(B) such person is a small business. 
‘‘(2) SMALL BUSINESS.—The term ‘small busi-
ness’ means a trade or business that employs an an-
nual average of not more than 50 employees. 
‘‘(3) CREDITABLE FUEL.—The term ‘creditable 
fuel’ means— 
‘‘(A) gasoline, 
‘‘(B) diesel fuel, 
‘‘(C) heating oil, and 
‘‘(D) natural gas. 
‘‘(d) ADJUSTMENT OF STANDARD MILEAGE RATE.— 
An eligible taxpayer may elect, in lieu of the credit under 
this section, a standard mileage allowance under section 
162 equal to 60 cents for each mile traveled during the 
period described in subsection (e). The Secretary shall 
modify the standard mileage rate under the preceding sen-
tence to the extent that 60 cents does not accurately re-
flect that value of the credit under this section. 
VerDate Aug 31 2005 
04:11 May 05, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2133.IH
H2133
ccoleman on PRODPC74 with BILLS
‘‘(e) APPLICATION OF SECTION.—This section shall 
apply to fuels purchased during the 2-year period begin-
ning on the date of the enactment of this section.’’. 
(b) CREDIT TO BE PART OF GENERAL BUSINESS 
CREDIT.—Subsection (b) of section 38 of such Code is 
amended by striking ‘‘plus’’ at the end of paragraph (30), 
by striking the period at the end of paragraph (31) and 
inserting ‘‘, plus’’, and by adding at the end the following 
new paragraph: 
‘‘(32) in the case of an eligible taxpayer (as de-
fined in section 45O(c)), the excessive fuel cost cred-
it determined under section 45O(a).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
of such Code is amended by inserting after the item relat-
ing to section 45N the following new item: 
‘‘Sec. 45O. Temporary credit for small businesses, farmers, and fishermen to 
offset high fuel costs’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years ending after the 
date of the enactment of this Act. 
SEC. 3. PERMANENT EXTENSION OF RESEARCH CREDIT. 
(a) IN GENERAL.—Section 41 of the Internal Rev-
enue Code of 1986 (relating to credit for increasing re-
search activities) is amended by striking subsection (h). 
VerDate Aug 31 2005 
04:11 May 05, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2133.IH
H2133
ccoleman on PRODPC74 with BILLS
(b) CONFORMING AMENDMENT.—Paragraph (1) of 
section 45C(b) of such Code is amended by striking sub-
paragraph (D). 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to amounts paid or incurred after 
the date of the enactment of this Act. 
SEC. 4. TREATMENT OF QUALIFIED RESTAURANT PROP-
ERTY, 
QUALIFIED 
RETAIL 
IMPROVEMENT 
PROPERTY, 
AND 
CERTAIN 
SYSTEMS 
IN-
STALLED IN NONRESIDENTIAL BUILDINGS AS 
15-YEAR PROPERTY FOR PURPOSES OF DE-
PRECIATION DEDUCTION. 
(a) QUALIFIED RESTAURANT PROPERTY.—Clause 
(v) of section 168(e)(3)(E) of the Internal Revenue Code 
of 1986 (defining 15-year property) is amended by strik-
ing ‘‘placed in service before January 1, 2008’’. 
(b) QUALIFIED RETAIL IMPROVEMENT PROPERTY 
AND CERTAIN SYSTEMS INSTALLED IN NONRESIDENTIAL 
BUILDINGS.— 
(1) 15-YEAR
RECOVERY
PERIOD.—Subpara-
graph (E) of section 168(e)(3) of the Internal Rev-
enue Code of 1986 (relating to 15-year property) is 
amended by striking ‘‘and’’ at the end of clause 
(vii), by striking the period at the end of clause (viii) 
VerDate Aug 31 2005 
04:11 May 05, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2133.IH
H2133
ccoleman on PRODPC74 with BILLS
and inserting a comma, and by adding at the end 
the following new clauses: 
‘‘(ix) any qualified retail improvement 
property, and 
‘‘(x) any property— 
‘‘(I) which is part of a heating, 
ventilation, air conditioning, or com-
mercial refrigeration system, 
‘‘(II) which is installed on or in 
a building which is nonresidential real 
property, and 
‘‘(III) the original use of which 
commences with the taxpayer.’’. 
(2) DEFINITION.—Section 168(e) of such Code 
(relating to classification of property) is amended by 
adding at the end the following new paragraph: 
‘‘(8) QUALIFIED RETAIL IMPROVEMENT PROP-
ERTY.— 
‘‘(A) IN
GENERAL.—The term ‘qualified 
retail improvement property’ means any im-
provement to an interior portion of a building 
which is nonresidential real property if— 
‘‘(i) such portion is open to the gen-
eral public, 
VerDate Aug 31 2005 
04:11 May 05, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2133.IH
H2133
ccoleman on PRODPC74 with BILLS
‘‘(ii) such portion is used by a trade 
or business that sells tangible personal 
property or services to the general public, 
‘‘(iii) such trade or business employs 
an annual average of not more than 50 
employees, and 
‘‘(iv) such improvement is placed in 
service more than 3 years after the date 
the building was first placed in service. 
‘‘(B) CERTAIN
IMPROVEMENTS
NOT
IN-
CLUDED.—Such term shall not include any im-
provement for which the expenditure is attrib-
utable to— 
‘‘(i) the enlargement of the building, 
‘‘(ii) any elevator or escalator, or 
‘‘(iii) the internal structural frame-
work of the building.’’. 
(3) REQUIREMENT
TO
USE
STRAIGHT
LINE 
METHOD.—Paragraph (3) of section 168(b) of such 
Code (relating to applicable depreciation method) is 
amended by adding at the end the following new 
subparagraphs: 
‘‘(I) Qualified retail improvement property 
described in subsection (e)(8). 
VerDate Aug 31 2005 
04:11 May 05, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2133.IH
H2133
ccoleman on PRODPC74 with BILLS
‘‘(J) Property described in subsection 
(e)(3)(E)(x).’’. 
(4) ALTERNATIVE
SYSTEM.—The table con-
tained in section 168(g)(3)(B) of such Code (relat-
ing to special rule for certain property assigned to 
classes) is amended by inserting after the item relat-
ing to subparagraph (E)(viii) the following new 
items: 
‘‘(E)(ix) ................................................................................................
(E)(x) ...................................................................................................
25’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
the date of the enactment of this Act. 
SEC. 5. AUTHORIZATIONS. 
(a) ADVANCED TECHNOLOGY PROGRAM.—There are 
authorized to be appropriated to the Secretary of Com-
merce for the Advanced Technology Program under sec-
tion 28 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278n) $145,000,000 for fiscal year 
2008 and $150,000,000 for fiscal year 2009. 
(b) SCORE.—There are authorized to be appro-
priated for the Service Corps of Retired Executives 
(SCORE) under section 8(b)(1)(B) of the Small Business 
Act (15 U.S.C. 637(b)(1)(B) $8,000,000 for fiscal year 
2008 and $8,500,000 for fiscal year 2009. 
VerDate Aug 31 2005 
04:11 May 05, 2007
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2133.IH
H2133
ccoleman on PRODPC74 with BILLS
(c) SMALL BUSINESS DEVELOPMENT CENTERS.— 
There are authorized to be appropriated for small business 
development centers under section 21 of the Small Busi-
ness Act (15 U.S.C. 648) $140,000,000 fiscal year 2008 
and $142,500,000 for fiscal year 2009. 
(d) MANUFACTURING EXTENSION PARTNERSHIP.— 
There are authorized to be appropriated to the Secretary 
of Commerce for the Manufacturing Extension Partner-
ship program under sections 25 and 26 of the National 
Institute of Standards and Technology Act (15 U.S.C. 
278k and 278l) $120,000,000 for fiscal year 2008 and 
$125,000,000 for fiscal year 2009. 
(e) WOMEN’S BUSINESS CENTERS.—There are au-
thorized to be appropriated for the Women’s Business 
Center Program under section 29 of the Small Business 
Act (15 U.S.C. 656) $15,500,000 for fiscal year 2008 and 
$16,000,000 for fiscal year 2009. 
SEC. 6. SENSE OF CONGRESS ON FUNDING FOR SMALL 
BUSINESS PROGRAMS. 
(a) FUNDING FOR 7(a) LOAN PROGRAM.—It is the 
sense of Congress that Congress should appropriate 
$79,000,000 for offsetting the cost of borrowers partici-
pating in the loan program under section 7(a) of the Small 
Business Act (15 U.S.C. 636(a)). 
VerDate Aug 31 2005 
04:11 May 05, 2007
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2133.IH
H2133
ccoleman on PRODPC74 with BILLS
(b) FUNDING
FOR OTHER PROGRAMS.—It is the 
sense of Congress that Congress should appropriate funds 
for the Advanced Technology Program, the Service Corps 
of Retired Executives, the Small Business Development 
Centers, the Manufacturing Extension Partnership, and 
the Women’s Business Center Program at the levels au-
thorized under section 4 of this Act. 
SEC. 7. SMALL BUSINESS CONTRACTING GOAL. 
(a) APPLICATION TO CONTRACTS PERFORMED OVER-
SEAS.—Section 15(g)(1) of the Small Business Act (15 
U.S.C.) is amended in the second sentence by inserting 
‘‘(including awards for contracts performed outside the 
United States)’’ after ‘‘all prime contract awards’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to fiscal years be-
ginning after September 30, 2007. 
Æ 
VerDate Aug 31 2005 
04:11 May 05, 2007
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H2133.IH
H2133
ccoleman on PRODPC74 with BILLS