Page:United States Statutes at Large Volume 118.djvu/3475

 118 STAT. 3445 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(2) Paragraph (1) does not apply to a project for which eligi bility is based on the objectives set forth in paragraph (2) or (3) of subsection (d), if the development company’s portfolio of out standing debentures creates or retains one job for every $50,000 guaranteed by the Administration. ‘‘(3) For projects in Alaska, Hawaii, State designated enterprise zones, empowerment zones and enterprise communities, labor sur plus areas, as determined by the Secretary of Labor, and for other areas designated by the Administrator, the development company’s portfolio may average not more than $75,000 per job created or retained. ‘‘(4) Loans for projects of small manufacturers shall be excluded from calculations under paragraph (2) or (3). ‘‘(5) Under regulations prescribed by the Administrator, the Administrator may waive, on a case by case basis or by regulation, any requirement of this subsection (other than paragraph (4)). With respect to any waiver the Administrator is prohibited from adopting a dollar amount that is lower than the amounts set forth in paragraphs (1), (2), and (3). ‘‘(6) As used in this subsection, the term ‘small manufacturer’ means a small business concern— ‘‘(A) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System; and ‘‘(B) all of the production facilities of which are located in the United States.’’. SEC. 106. REPORT REGARDING NATIONAL DATABASE OF SMALL MANU FACTURERS. (a) STUDY AND REPORT.—The Administrator, in consultation with the Association of Small Business Development Centers authorized by section 21(k) of the Small Business Act (15 U.S.C. 648(k)), shall— (1) study the feasibility of creating a national database of small manufacturers that institutions of higher education could access for purposes of meeting procurement needs; and (2) not later than 1 year after the date of enactment of this Act, submit a report to the Congress regarding the findings and conclusions of such study. (b) COST ESTIMATE.—The report referred to in subsection (a)(2) shall include an estimate of the cost of creating and maintaining the database described in subsection (a)(1). (c) DEFINITION.—As used in this section, the term ‘‘small manu facturer’’ means a small business concern— (1) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System; and (2) all of the production facilities of which are located in the United States. SEC. 107. INTERNATIONAL TRADE. (a) IN GENERAL.—Section 7(a)(16) of the Small Business Act (15 U.S.C. 636(a)(16)) is amended to read as follows: ‘‘(16) INTERNATIONAL TRADE.— ‘‘(A) IN GENERAL.—If the Administrator determines that a loan guaranteed under this subsection will allow an eligible small business concern that is engaged in or adversely affected by international trade to improve its

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