[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3967 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3967
To encourage investment in and innovation by small business concerns,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2010
Ms. Landrieu (for herself and Mr. Cardin) introduced the following
bill; which was read twice and referred to the Committee on Small
Business and Entrepreneurship
_______________________________________________________________________
A BILL
To encourage investment in and innovation by small business concerns,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Investment and
Innovation Act of 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.
TITLE I--EXPANDING ACCESS TO TECHNOLOGY AND SPURRING INNOVATION
Sec. 101. Broadband and emerging information technology coordinator.
Sec. 102. Entrepreneurial development assistance by small business
development centers.
Sec. 103. Capital access.
Sec. 104. Rural small business technology pilot program.
Sec. 105. Report to Congress.
TITLE II--COUNSELING AND TECHNICAL ASSISTANCE
Subtitle A--SCORE
Sec. 221. SCORE Reauthorization.
Subtitle B--Women's Small Business Ownership Programs
Sec. 241. Office of Women's Business Ownership.
Sec. 242. Women's Business Center Program.
Sec. 243. National Women's Business Council.
Sec. 244. Interagency Committee on Women's Business Enterprise.
Sec. 245. Preserving the independence of the National Women's Business
Council.
Sec. 246. Study and report on women's business centers.
Subtitle C--Native American Small Business Development
Sec. 261. Native American small business development program.
Subtitle D--Veterans' Business Development
Sec. 281. Veterans' business center program; Office of Veterans
Business Development.
TITLE III--DISASTER RELIEF AND ASSISTANCE
Sec. 301. Improvements to the Pioneer Business Recovery Program.
Sec. 302. Increased limits.
Sec. 303. Modified collateral requirements.
Sec. 304. Regional outreach on disaster assistance programs.
TITLE IV--CONTRACTING IMPROVEMENTS
Sec. 401. Surety bonds.
Sec. 402. Section 8(a) improvements.
TITLE V--TRADE AND EXPORT ENHANCEMENTS
Sec. 501. Online export readiness assessment tool.
Sec. 502. Marketing and outreach initiatives to small business
concerns.
Sec. 503. Expansion of State Trade and Export Promotion Grant Program
to cities and major metropolitan areas.
TITLE VI--REGULATORY RELIEF
Sec. 601. Definitions.
Sec. 602. Certification of rules.
Sec. 603. Application to interim final rules.
Sec. 604. Review panels.
Sec. 605. Judicial review.
Sec. 606. Research grant authority.
SEC. 3. FINDINGS.
Congress finds that--
(1) the approximately 28,000,000 small business concerns in
the United States are the driving force behind the economy of
the Nation, creating more than 65 percent of all net new jobs
and generating more than 50 percent of the non-farm gross
domestic product of the Nation;
(2) unfortunately, small business concerns have borne the
brunt of the recent economic recession, accounting for nearly
79 percent of all jobs lost since September 2008;
(3) while Congress has taken strong and forceful action to
provide timely relief for small business concerns through the
enactment of the Small Business Jobs Act of 2010 (Public Law
111-240; 124 Stat. 2504), it is imperative that further action
be taken to build upon the progress made by that Act and to
help small business concerns recover and grow through the
creation of new jobs; and
(4) specifically, additional steps should be taken to--
(A) expand broadband services and improve access to
technologies that will help small business concerns
connect with new opportunities and create innovative
products;
(B) strengthen counseling services and technical
assistance programs for small business concerns to help
small business concerns weather economic downturns and
emerge stronger and more competitive;
(C) provide relief to small business concerns
negatively impacted by natural and catastrophic
disasters by improving access to disaster recovery
loans and helping small business concerns plan for
predictable disasters;
(D) improve access to Federal contracting
opportunities for small business concerns by increasing
access to adequate surety bonding opportunities and
creating a stronger, more transparent set-aside program
for socially and economically disadvantaged small
business concerns;
(E) help small business concerns realize their full
potential by encouraging the small business concerns to
sell products and services abroad and connecting the
small business concerns with the appropriate Federal
and local export promotion resources; and
(F) require the Federal Government to provide
regulatory relief to small business concerns and more
closely consider the impact of new regulations
promulgated by Federal agencies by strengthening
chapter 6 of title 5, United States Code (commonly
known as the ``Regulatory Flexibility Act''), and the
Office of Advocacy of the Administration.
SEC. 4. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively; and
(2) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
TITLE I--EXPANDING ACCESS TO TECHNOLOGY AND SPURRING INNOVATION
SEC. 101. BROADBAND AND EMERGING INFORMATION TECHNOLOGY COORDINATOR.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) by redesignating section 45 as section 47; and
(2) by inserting after section 44 the following:
``SEC. 45. BROADBAND AND EMERGING INFORMATION TECHNOLOGY.
``(a) Definition.--In this section, the term `broadband and
emerging information technology coordinator' means the individual
assigned the broadband and emerging information technology coordination
responsibilities of the Administration under subsection (b)(1).
``(b) Assignment of Coordinator.--
``(1) Assignment of coordinator.--The Administrator shall
assign responsibility for coordinating the programs and
activities of the Administration relating to broadband and
emerging information technology to an individual who--
``(A) shall report directly to the Administrator;
``(B) shall work in coordination with--
``(i) the chief information officer, the
chief technology officer, and the head of the
Office of Technology of the Administration; and
``(ii) any Associate Administrator of the
Administration determined appropriate by the
Administrator;
``(C) shall not be an employee of the Office of
Technology of the Administration;
``(D) has experience developing and implementing
telecommunications policy in the private sector or
government; and
``(E) has demonstrated significant experience in
the area of broadband or emerging information
technology.
``(2) Responsibilities of coordinator.--The broadband and
emerging information technology coordinator shall--
``(A) coordinate programs of the Administration
that assist small business concerns in adopting, making
innovations in, and using broadband and other emerging
information technologies;
``(B) serve as the primary liaison of the
Administration to other Federal agencies involved in
broadband and emerging information technology policy,
including the Department of Commerce, the Department of
Agriculture, and the Federal Communications Commission;
and
``(C) identify best practices relating to broadband
and emerging information technology that may benefit
small business concerns.
``(3) Travel.--Not more than 20 percent of the hours of
service by the broadband and emerging information technology
coordinator during any fiscal year shall consist of travel
outside the United States to perform official duties.
``(c) Broadband and Emerging Technology Training.--
``(1) Training.--The Administrator shall provide to
employees of the Administration training that--
``(A) familiarizes employees of the Administration
with broadband and other emerging information
technologies; and
``(B) includes--
``(i) instruction counseling small business
concerns regarding adopting, making innovations
in, and using broadband and other emerging
information technologies; and
``(ii) information on programs of the
Federal Government that provide assistance to
small business concerns relating to broadband
and emerging information technologies.
``(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(d) Reports.--
``(1) Biennial report on activities.--Not later than 2
years after the date on which the Administrator makes the first
assignment of responsibilities under subsection (b), and every
2 years thereafter, the broadband and emerging information
technology coordinator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report
regarding the programs and activities of the Administration
relating to broadband and other emerging information
technologies.
``(2) Report on federal programs.--Not later than 1 year
after the date of enactment of this section, the broadband and
emerging information technology coordinator, in consultation
with the Secretary of Agriculture, the Assistant Secretary of
Commerce for Communications and Information, and the Chairman
of the Federal Communications Commission, shall submit to the
Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of
Representatives a report on the programs of the Federal
Government that provide assistance to small business concerns
relating to broadband and emerging information technologies,
which shall include recommendations, if any, for improving
coordination among the programs.''.
SEC. 102. ENTREPRENEURIAL DEVELOPMENT ASSISTANCE BY SMALL BUSINESS
DEVELOPMENT CENTERS.
Section 21(c)(3)(B) of the Small Business Act (15 U.S.C.
648(c)(3)(B)) is amended--
(1) in the matter preceding clause (i), by inserting
``accessing broadband and other emerging information
technology,'' after ``technology transfer,'';
(2) in clause (ii), by striking ``and'' at the end;
(3) in clause (iii), by adding ``and'' at the end; and
(4) by adding at the end the following:
``(iv) increasing the competitiveness and
productivity of small business concerns by assisting
entrepreneurs in accessing broadband and other emerging
information technology;''.
SEC. 103. CAPITAL ACCESS.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended in the matter preceding paragraph (1) by inserting
``(including to purchase equipment for broadband or other emerging
information technologies)'' after ``equipment''.
(b) Microloans.--Section 7(m)(1)(A)(iii)(I) of the Small Business
Act (15 U.S.C. 636(m)(1)(A)(iii)(I)) is amended by inserting
``(including to purchase equipment for broadband or other emerging
information technologies)'' after ``or equipment''.
SEC. 104. RURAL SMALL BUSINESS TECHNOLOGY PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``qualified small business concern'' means a
small business concern located in a rural area; and
(2) the term ``rural area'' has the meaning given that term
in section 1393(a)(2) of the Internal Revenue Code of 1986.
(b) Report.--Not later than 120 days after the date of enactment of
this Act, the Administrator, in coordination with the Administrator of
General Services, shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of
the House of Representatives a report describing--
(1) the number of Government-owned computers in the
possession of the Administration, including the number of
working computers, nonworking computers, desktop computers, and
laptop computers;
(2) the number of Government-owned computers disposed of by
the Administration during the 5-year period ending on the date
of enactment of this Act, including the number of such
computers that were working computers, nonworking computers,
desktop computers, or laptop computers;
(3) the procedures of the Administration for the disposal
of Government-owned computers; and
(4) the plans of the Administrator for carrying out the
pilot program under subsection (c).
(c) Pilot Program.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a
pilot program to provide not more than 1,000 excess Government-
owned computers each year to qualified small business concerns
at no cost or a reduced cost.
(2) Purposes of program.--The pilot program established
under paragraph (1) shall be designed to--
(A) encourage entrepreneurship in rural areas;
(B) assist small business concerns in accessing
technology; and
(C) accelerate the growth of qualified small
business concerns.
(3) Termination.--The authority to conduct the pilot
program under this subsection shall terminate 3 years after the
date of enactment of this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator such sums as are necessary to carry
out this section.
SEC. 105. REPORT TO CONGRESS.
(a) In General.--Not later than 45 days after the date of enactment
of this Act, the Administrator, in consultation with the Administrator
of General Services, shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small Business
of the House of Representatives a report on ways to assist with the
development of broadband and wireless technology that would benefit
small business concerns.
(b) Content of the Report.--The report submitted under subsection
(a) shall--
(1) outline the participation by the Administration in the
National Antenna Program, including the number of wireless
towers deployed on facilities which contain an office of the
Administration;
(2) information on agreements between the Administration
and the General Services Administration related to broadband
and wireless deployment in offices of the Administration; and
(3) recommendations, if any, on opportunities for the
Administration to improve broadband or wireless technology in
offices of the Administration that are in areas currently
underserved or unserved by broadband service providers.
TITLE II--COUNSELING AND TECHNICAL ASSISTANCE
Subtitle A--SCORE
SEC. 221. SCORE REAUTHORIZATION.
(a) In General.--Section 20 of the Small Business Act (15 U.S.C.
631 note) is amended--
(1) by redesignating subsection (j) as subsection (f); and
(2) by adding at the end the following:
``(g) SCORE Program.--There are authorized to be appropriated to
the Administrator to carry out the SCORE program authorized by section
8(b)(1) such sums as are necessary for the Administrator to make grants
or enter into cooperative agreements in a total amount that does not
exceed--
``(1) $13,000,000 in fiscal year 2011;
``(2) $15,000,000 in fiscal year 2012; and
``(3) $18,000,000 in fiscal year 2013.''.
(b) Privacy Requirements for SCORE Chapters.--Section 8 of the
Small Business Act (15 U.S.C. 637) is amended by striking subsection
(c) and inserting the following:
``(c) Privacy Requirements.--
``(1) In general.--A chapter of the SCORE program
authorized by subsection (b)(1) or an agent of such a chapter
may not disclose the name, address, or telephone number of any
individual or small business concern receiving assistance from
that chapter or agent without the consent of such individual or
small business concern, unless--
``(A) the Administrator is ordered to make such a
disclosure by a court in any civil or criminal
enforcement action initiated by a Federal or State
agency; or
``(B) the Administrator determines such a
disclosure to be necessary for the purpose of
conducting a financial audit of a chapter of the SCORE
program authorized by subsection (b)(1), in which case
disclosure shall be limited to the information
necessary for the audit.
``(2) Administrator use of information.--This subsection
shall not--
``(A) restrict the access of the Administrator to
program activity data; or
``(B) prevent the Administrator from using client
information to conduct client surveys.
``(3) Regulations.--
``(A) In general.--The Administrator shall issue
regulations to establish standards for--
``(i) disclosures with respect to financial
audits under paragraph (1)(B); and
``(ii) conducting client surveys, including
standards for oversight of the surveys and for
dissemination and use of client information.
``(B) Maximum privacy protection.--The regulations
issued under this paragraph shall, to the extent
practicable, provide for the maximum amount of privacy
protection.
``(C) Inspector general.--Until the effective date
of the regulations issued under this paragraph, any
client survey and the use of any client information
shall be approved by the Inspector General of the
Administration, who shall include any such approval in
the semi-annual report of the Inspector General.''.
(c) SCORE Program.--
(1) In general.--Section 8(b)(1)(B) of the Small Business
Act (15 U.S.C. 637(b)(1)(B)) is amended by striking ``a Service
Corps of Retired Executives (SCORE)'' and inserting ``the SCORE
program''.
(2) Technical and conforming amendments.--
(A) In general.--The Small Business Act (15 U.S.C.
631 et seq.) is amended--
(i) in section 7(m)(3)(A)(i)(VIII) (15
U.S.C. 636(m)(3)(A)(i)(VIII)), by striking
``Service Corps of Retired Executives'' and
inserting ``SCORE program''; and
(ii) in section 33(b)(2) (15 U.S.C.
657c(b)(2)), by striking ``Service Corps of
Retired Executives'' and inserting ``SCORE
program''.
(B) Other laws.--
(i) Insurance.--Section 621 of the
Children's Health Insurance Program
Reauthorization Act of 2009 (15 U.S.C. 657p) is
amended--
(I) in subsection (a), by striking
paragraph (4) and inserting the
following:
``(4) the term `SCORE program' means the SCORE program
authorized by section 8(b)(1)(B) of the Small Business Act (15
U.S.C. 637(b)(1)(B));''; and
(II) in subsection (b)(4)(A)(iv),
by striking ``Service Corps of Retired
Executives'' and inserting ``SCORE
program''.
(ii) Consumer education.--Section 337(d)(2)
of the Energy Policy and Conservation Act (42
U.S.C. 6307(d)(2)) is amended by striking
``Service Corps of Retired Executives (SCORE)''
and inserting ``SCORE program''.
(3) References.--Any reference to the Service Corps of
Retired Executives established under section 8(b)(1)(B) of the
Small Business Act (15 U.S.C. 637(b)(1)(B)), as in effect on
the day before the date of enactment of this Act, in any law,
rule, regulation, certificate, directive, instruction, or other
official paper shall be considered to refer to the SCORE
program established under section 8(b)(1)(B) of the Small
Business Act, as amended by this section.
Subtitle B--Women's Small Business Ownership Programs
SEC. 241. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.
(a) In General.--Section 29(g) of the Small Business Act (15 U.S.C.
656(g)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)(i), by striking ``in the
areas'' and all that follows through the end of
subclause (I), and inserting the following: ``to
address issues concerning the management, operations,
manufacturing, technology, finance, retail and product
sales, international trade, Government contracting, and
other disciplines required for--
``(I) starting, operating, and
increasing the business of a small
business concern;''; and
(B) in subparagraph (C), by inserting before the
period at the end the following: ``, the National
Women's Business Council, and any association of
women's business centers''; and
(2) by adding at the end the following:
``(3) Training.--The Administrator may provide annual
programmatic and financial oversight training for women's
business ownership representatives and district office
technical representatives of the Administration to enable
representatives to carry out their responsibilities.
``(4) Program and transparency improvements.--The
Administrator shall maximize the transparency of the women's
business center financial assistance proposal process and the
programmatic and financial oversight process by--
``(A) providing public notice of the announcement
for financial assistance under subsection (b) and
grants under subsection (l) not later than the end of
the first quarter of each fiscal year;
``(B) in the announcement described in subparagraph
(A), outlining award and program evaluation criteria
and describing the weighting of the criteria for
financial assistance under subsection (b) and grants
under subsection (l);
``(C) minimizing paperwork and reporting
requirements for applicants for and recipients of
financial assistance under this section;
``(D) standardizing the oversight and review
process of the Administration; and
``(E) providing to each women's business center,
not later than 60 days after the completion of a site
visit at the women's business center (whether conducted
for an audit, performance review, or other reason), a
copy of site visit reports and evaluation reports
prepared by district office technical representatives
or officers or employees of the Administration.''.
(b) Change of Title.--
(1) In general.--Section 29 of the Small Business Act (15
U.S.C. 656) is amended--
(A) in subsection (a)--
(i) by striking paragraphs (1) and (4);
(ii) by redesignating paragraphs (2) and
(3) as paragraphs (4) and (5), respectively;
and
(iii) by inserting before paragraph (4), as
so redesignated, the following:
``(2) the term `Director' means the Director of the Office
of Women's Business Ownership established under subsection
(g);'';
(B) by striking ``Assistant Administrator'' each
place it appears and inserting ``Director''; and
(C) in subsection (g)(2), in the paragraph heading,
by striking ``Assistant administrator'' and inserting
``Director''.
(2) Women's business ownership act of 1988.--Title IV of
the Women's Business Ownership Act of 1988 (15 U.S.C. 7101 et
seq.) is amended--
(A) in section 403(a)(2)(B), by striking
``Assistant Administrator'' and inserting ``Director'';
(B) in section 405, by striking ``Assistant
Administrator'' and inserting ``Director''; and
(C) in section 406(c), by striking ``Assistant
Administrator'' and inserting ``Director''.
SEC. 242. WOMEN'S BUSINESS CENTER PROGRAM.
(a) Women's Business Center Financial Assistance.--Section 29 of
the Small Business Act (15 U.S.C. 656) is amended--
(1) in subsection (a)--
(A) by inserting before paragraph (2), as added by
section 241(b), the following:
``(1) the term `association of women's business centers'
means an organization--
``(A) that represents not less than 51 percent of
the women's business centers that participate in a
program under this section; and
``(B) whose primary purpose is to represent women's
business centers;'';
(B) by inserting after paragraph (2), as added by
section 241(b), the following:
``(3) the term `eligible entity' means--
``(A) a private nonprofit organization;
``(B) a State, regional, or local economic
development organization;
``(C) a development, credit, or finance corporation
chartered by a State;
``(D) a public or private institution of higher
education (as that term is used in sections 101 and 102
of the Higher Education Act of 1965 (20 U.S.C. 1001 and
1002)); or
``(E) any combination of entities listed in
subparagraphs (A) through (D);''; and
(C) by adding after paragraph (5), as redesignated
by section 241(b), the following:
``(6) the term `women's business center' means a project
conducted by an eligible entity under this section;'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), and adjusting the
margins accordingly;
(B) by striking ``The Administration'' and all that
follows through ``5-year project'' and inserting the
following:
``(1) In general.--The Administration may provide financial
assistance to an eligible entity to conduct a project under
this section'';
(C) by striking ``The projects shall'' and
inserting the following:
``(2) Use of funds.--The project shall be designed to
provide training and counseling that meets the needs of women,
especially socially and economically disadvantaged women, and
shall provide''; and
(D) by adding at the end the following:
``(3) Amount of financial assistance.--
``(A) In general.--The Administrator may award
financial assistance under this subsection of not less
than $150,000 per year.
``(B) Equal allocations.--In the event that the
Administration has insufficient funds to provide
financial assistance of $150,000 for each recipient of
financial assistance under this subsection in any
fiscal year, available funds shall be allocated equally
to recipients, unless a recipient requests a lower
amount than the allocated amount.
``(4) Consultation with associations of women's business
centers.--The Administrator shall consult with each association
of women's business centers to develop--
``(A) a training program for the staff of women's
business centers and the Administration; and
``(B) recommendations to improve the policies and
procedures for governing the general operations and
administration of the Women's Business Center program,
including grant program improvements under subsection
(g)(5).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``the recipient
organization'' and inserting ``an eligible entity'';
(B) in paragraph (3), in the second sentence, by
striking ``a recipient organization'' and inserting
``an eligible entity'';
(C) in paragraph (4)--
(i) by striking ``recipient'' each place it
appears and inserting ``eligible entity''; and
(ii) by striking ``such organization'' and
inserting ``the eligible entity''; and
(D) by adding at end the following:
``(6) Separation of project and funds.--An eligible entity
shall--
``(A) carry out a project under this section
separately from other projects, if any, of the eligible
entity; and
``(B) separately maintain and account for any
financial assistance under this section.'';
(4) in subsection (e)--
(A) by striking ``applicant organization'' and
inserting ``eligible entity'';
(B) by striking ``a recipient organization'' and
inserting ``an eligible entity''; and
(C) by striking ``site'';
(5) by striking subsection (f) and inserting the following:
``(f) Applications and Criteria for Initial Financial Assistance.--
``(1) Application.--Each eligible entity desiring financial
assistance under subsection (b) shall submit to the
Administrator an application that contains--
``(A) a certification that the eligible entity--
``(i) has designated an executive director
or program manager, who may be compensated from
financial assistance under subsection (b) or
other sources, to manage the center on a full-
time basis; and
``(ii) as a condition of receiving
financial assistance under subsection (b),
agrees--
``(I) to receive a site visit by
the Administrator as part of the final
selection process;
``(II) to undergo an annual
programmatic and financial review; and
``(III) to the maximum extent
practicable, to remedy any problems
identified pursuant to the site visit
or review under subclause (I) or (II);
``(iii) meets the accounting and reporting
requirements established by the Director of the
Office of Management and Budget;
``(B) information demonstrating that the eligible
entity has the ability and resources to meet the needs
of the market to be served by the women's business
center for which financial assistance under subsection
(b) is sought, including the ability to obtain the non-
Federal contribution required under subsection (c);
``(C) information relating to the assistance to be
provided by the women's business center for which
financial assistance under subsection (b) is sought in
the area in which the women's business center site is
located;
``(D) information demonstrating the experience and
effectiveness of the eligible entity in--
``(i) conducting financial, management, and
marketing assistance programs, as described
under subsection (b)(2), which are designed to
teach or upgrade the business skills of women
who are business owners or potential business
owners;
``(ii) providing training and services to a
representative number of women who are socially
and economically disadvantaged; and
``(iii) using resource partners of the
Administration and other entities, such as
universities; and
``(E) a 5-year plan that describes the ability of
the women's business center for which financial
assistance is sought--
``(i) to serve women who are business
owners or potential owners by conducting
training and counseling activities; and
``(ii) to provide training and services to
a representative number of women who are
socially and economically disadvantaged.
``(2) Additional information.--The Administrator shall make
any request for additional information from an organization
applying for financial assistance under subsection (b) that was
not requested in the original announcement in writing.
``(3) Review and approval of applications for initial
financial assistance.--
``(A) In general.--The Administrator shall--
``(i) review each application submitted
under paragraph (1), based on the information
described in such paragraph and the criteria
set forth under subparagraph (B) of this
paragraph; and
``(ii) to the extent practicable, as part
of the final selection process, conduct a site
visit at each women's business center for which
financial assistance under subsection (b) is
sought.
``(B) Selection criteria.--
``(i) In general.--The Administrator shall
evaluate applicants for financial assistance
under subsection (b) in accordance with
selection criteria that are--
``(I) established before the date
on which applicants are required to
submit the applications;
``(II) stated in terms of relative
importance; and
``(III) publicly available and
stated in each solicitation for
applications for financial assistance
under subsection (b) made by the
Administrator.
``(ii) Required criteria.--The selection
criteria for financial assistance under
subsection (b) shall include--
``(I) the experience of the
applicant in conducting programs or
ongoing efforts designed to teach or
enhance the business skills of women
who are business owners or potential
business owners;
``(II) the ability of the applicant
to commence a project within a minimum
amount of time;
``(III) the ability of the
applicant to provide training and
services to a representative number of
women who are socially and economically
disadvantaged; and
``(IV) the location for the women's
business center site proposed by the
applicant, including whether the
applicant is located in a State in
which there is not a women's business
center receiving funding from the
Administration.
``(C) Proximity.--If the principal place of
business of an applicant for financial assistance under
subsection (b) is located less than 50 miles from the
principal place of business of a women's business
center that received funds under this section on or
before the date of the application, the applicant shall
not be eligible for the financial assistance, unless
the applicant submits a detailed written justification
of the need for an additional center in the area in
which the applicant is located.
``(D) Record retention.--The Administrator shall
maintain a copy of each application submitted under
this subsection for not less than 7 years.''; and
(6) in subsection (m), by striking paragraph (3) and
inserting the following:
``(3) Application and approval for renewal grants.--
``(A) Application.--Each eligible entity desiring a
grant under this subsection shall submit to the
Administrator an application that contains--
``(i) a certification that the applicant--
``(I) is a private nonprofit
organization;
``(II) has designated a full-time
executive director or program manager
to manage the women's business center
operated by the applicant; and
``(III) as a condition of receiving
a grant under this subsection, agrees--
``(aa) to receive a site
visit as part of the final
selection process;
``(bb) to submit, for the 2
full fiscal years before the
date on which the application
is submitted, annual
programmatic and financial
review reports or certified
copies of the compliance
supplemental audits under OMB
Circular A-133 of the
applicant; and
``(cc) to remedy any
problem identified pursuant to
the site visit or review under
item (aa) or (bb);
``(ii) information demonstrating that the
applicant has the ability and resources to meet
the needs of the market to be served by the
women's business center for which a grant under
this subsection is sought, including the
ability to ability to obtain the non-Federal
contribution required under paragraph (4)(C);
``(iii) information relating to assistance
to be provided by the women's business center
for which a grant under this subsection is
sought in the area of the women's business
center site;
``(iv) information demonstrating the use of
resource partners of the Administration and
other entities;
``(v) a 3-year plan that describes the
ability of the women's business center for
which a grant under this subsection is sought--
``(I) to serve women who are
business owners or potential business
owners by conducting training and
counseling activities; and
``(II) to provide training and
services to a representative number of
women who are socially and economically
disadvantaged; and
``(vi) any additional information that the
Administrator may reasonably require.
``(B) Review and approval of applications for
grants.--
``(i) In general.--The Administrator
shall--
``(I) review each application
submitted under subparagraph (A), based
on the information described in such
subparagraph and the criteria set forth
under clause (ii) of this subparagraph;
and
``(II) whenever practicable, as
part of the final selection process,
conduct a site visit at each women's
business center for which a grant under
this subsection is sought.
``(ii) Selection criteria.--
``(I) In general.--The
Administrator shall evaluate applicants
for grants under this subsection in
accordance with selection criteria that
are--
``(aa) established before
the date on which applicants
are required to submit the
applications;
``(bb) stated in terms of
relative importance; and
``(cc) publicly available
and stated in each solicitation
for applications for grants
under this subsection made by
the Administrator.
``(II) Required criteria.--The
selection criteria for a grant under
this subsection shall include--
``(aa) the total number of
entrepreneurs served by the
applicant;
``(bb) the total number of
new start-up companies assisted
by the applicant;
``(cc) the percentage of
the clients of the applicant
that are socially or
economically disadvantaged; and
``(dd) the percentage of
individuals in the community
served by the applicant who are
socially or economically
disadvantaged.
``(iii) Conditions for continued funding.--
In determining whether to make a grant under
this subsection, the Administrator--
``(I) shall consider the results of
the most recent evaluation of the
women's business center for which a
grant under this subsection is sought,
and, to a lesser extent, previous
evaluations; and
``(II) may withhold a grant under
this subsection, if the Administrator
determines that the applicant has
failed to provide the information
required to be provided under this
paragraph, or the information provided
by the applicant is inadequate.
``(C) Notification.--Not later than 60 days after
the date of the deadline to submit applications for
each fiscal year, the Administrator shall approve or
deny any application under this paragraph and notify
the applicant for each such application.
``(D) Record retention.--The Administrator shall
maintain a copy of each application submitted under
this paragraph for not less than 7 years.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Section 29 of the Small Business Act (15
U.S.C. 656) is amended--
(A) in subsection (h)(2), by striking ``to award a
contract (as a sustainability grant) under subsection
(l) or'';
(B) in subsection (j)(1), by striking ``The
Administration'' and inserting ``Not later than
November 1st of each year, the Administrator'';
(C) in subsection (k)--
(i) by striking paragraphs (1), (2), and
(4);
(ii) by redesignating paragraph (3) as
paragraph (5); and
(iii) by inserting before paragraph (5), as
so redesignated, the following:
``(1) In general.--There are authorized to be appropriated
to the Administration to carry out this section, to remain
available until expended--
``(A) $20,000,000 for fiscal year 2011;
``(B) $20,500,000 for fiscal year 2012; and
``(C) $21,000,000 for fiscal year 2013.
``(2) Allocation.--Of amounts made available pursuant to
paragraph (1), the Administrator shall use not less than 50
percent for grants under subsection (l).
``(3) Use of amounts.--Amounts made available under this
subsection may only be used for grant awards and may not be
used for costs incurred by the Administration in connection
with the management and administration of the program under
this section.
``(4) Continuing grant and cooperative agreement
authority.--
``(A) In general.--The authority of the
Administrator to provide financial assistance under
this section shall be in effect for each fiscal year
only to the extent and in the amounts as are provided
in advance in appropriations Acts.
``(B) Prompt disbursement.--Upon receiving funds to
carry out this section for a fiscal year, the
Administrator shall, to the extent practicable,
promptly reimburse funds to any women's business center
awarded financial assistance under this section if the
center meets the eligibility requirements under this
section.
``(C) Renewal.--After the Administrator has entered
into a grant or cooperative agreement with any women's
business center under this section, the Administrator
shall not suspend, terminate, or fail to renew or
extend any such grant or cooperative agreement, unless
the Administrator--
``(i) provides the women's business center
with written notification setting forth the
reasons for that action; and
``(ii) affords the center an opportunity
for a hearing, appeal, or other administrative
proceeding under chapter 5 of title 5, United
States Code.'';
(D) in subsection (m)(4)(D), by striking ``or
subsection (l)''; and
(E) by redesignating subsections (m) and (n), as
amended by this Act, as subsections (l) and (m),
respectively.
(2) Repeal of authority to waive non-federal share.--
Section 1401(c)(2) of the Small Business Jobs Act of 2010
(Public Law 111-240; 124 Stat. 2550) is amended--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) by redesignating paragraph (6) as paragraph
(5).''.
SEC. 243. NATIONAL WOMEN'S BUSINESS COUNCIL.
(a) Membership.--Section 407(f) of the Women's Business Ownership
Act of 1988 (15 U.S.C. 7107(f)) is amended by adding at the end the
following:
``(3) Representation of member organizations.--In
consultation with the chairperson of the Council and the
Administrator, a national women's business organization or
small business concern that is represented on the Council may
replace its representative member on the Council during the
service term to which that member was appointed.''.
(b) Authorization of Appropriations.--Section 410(a) of the Women's
Business Ownership Act of 1988 (15 U.S.C. 7110(a)) is amended by
striking ``2001 through 2003, of which $550,000'' and inserting ``2011
through 2013, of which not less than 30 percent''.
SEC. 244. INTERAGENCY COMMITTEE ON WOMEN'S BUSINESS ENTERPRISE.
(a) Chairperson.--Section 403(b) of the Women's Business Ownership
Act of 1988 (15 U.S.C. 7103(b)) is amended--
(1) by striking ``Not later'' and inserting the following:
``(1) In general.--Not later''; and
(2) by adding at the end the following:
``(2) Vacancy.--In the event that a chairperson is not
appointed under paragraph (1), the Deputy Administrator of the
Small Business Administration shall serve as acting chairperson
of the Interagency Committee until a chairperson is appointed
under paragraph (1).''.
(b) Policy Advisory Group.--Section 401 of the Women's Business
Ownership Act of 1988 (15 U.S.C. 7101) is amended--
(1) by striking ``There'' and inserting the following:
``(a) Establishment of Committee.--There''; and
(2) by adding at the end the following:
``(b) Policy Advisory Group.--
``(1) Establishment.--There is established a Policy
Advisory Group within the Interagency Committee to assist the
chairperson in developing policies and programs under this Act.
``(2) Membership.--The Policy Advisory Group shall be
composed of 7 policy making officials, of whom--
``(A) 1 shall be a representative of the Small
Business Administration;
``(B) 1 shall be a representative of the Department
of Commerce;
``(C) 1 shall be a representative of the Department
of Labor;
``(D) 1 shall be a representative of the Department
of Defense;
``(E) 1 shall be a representative of the Department
of the Treasury; and
``(F) 2 shall be representatives of the Council.
``(3) Meetings.--The Policy Advisory Group established
under paragraph (1) shall meet not less frequently than 3 times
each year to--
``(A) plan activities for the new fiscal year;
``(B) track year-to-date agency contracting
activities; and
``(C) evaluate the progress during the fiscal year
and prepare an annual report.''.
SEC. 245. PRESERVING THE INDEPENDENCE OF THE NATIONAL WOMEN'S BUSINESS
COUNCIL.
(a) Findings.--Congress finds the following:
(1) The National Women's Business Council provides an
independent source of advice and policy recommendations
regarding women's business development and the needs of women
entrepreneurs in the United States to--
(A) the President;
(B) Congress;
(C) the Interagency Committee on Women's Business
Enterprise; and
(D) the Administrator.
(2) The members of the National Women's Business Council
are small business owners, representatives of business
organizations, and representatives of women's business centers.
(3) The chairman and ranking member of the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives
make recommendations to the Administrator to fill 8 of the
positions on the National Women's Business Council. Four of the
positions are reserved for small business owners who are
affiliated with the political party of the President, and 4 of
the positions are reserved for small business owners who are
not affiliated with the political party of the President. This
method of appointment ensures that the National Women's
Business Council will provide Congress with nonpartisan,
balanced, and independent advice.
(4) In order to maintain the independence of the National
Women's Business Council and to ensure that the Council
continues to provide the President, the Interagency Committee
on Women's Business Enterprise, the Administrator, and Congress
with advice on a nonpartisan basis, it is essential that the
Council maintain the bipartisan balance established under
section 407 of the Women's Business Ownership Act of 1988 (15
U.S.C. 7107).
(b) Maintenance of Partisan Balance.--Section 407(f) of the Women's
Business Ownership Act of 1988 (15 U.S.C. 7107(f)), as amended by this
Act, is amended by adding at the end the following:
``(4) Partisan balance.--When filling a vacancy under
paragraph (1) of this subsection of a member appointed under
paragraph (1) or (2) of subsection (b), the Administrator
shall, to the extent practicable, ensure that there are an
equal number of members on the Council from each of the 2 major
political parties.
``(5) Accountability.--If a vacancy is not filled within
the 30-day period required under paragraph (1), or if there is
an imbalance in the number of members on the Council from each
of the 2 major political parties for a period exceeding 30
days, the Administrator shall submit a report, not later than
10 days after the expiration of either such 30-day deadline, to
the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives, that explains why the respective deadline was
not met and provides an estimated date on which any vacancies
will be filled, as applicable.''.
SEC. 246. STUDY AND REPORT ON WOMEN'S BUSINESS CENTERS.
(a) In General.--The Comptroller General of the United States shall
conduct a broad study of the unique economic issues facing women's
business centers located in covered areas to identify--
(1) the difficulties such centers face in raising non-
Federal funds;
(2) the difficulties such centers face competing for
financial assistance, non-Federal funds, or other types of
assistance;
(3) the difficulties such centers face in writing grant
proposals; and
(4) other difficulties such centers face because of the
economy in the type of covered area in which such centers are
located.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report
regarding the results of the study conducted under subsection (a),
which shall include recommendations, if any, regarding how to--
(1) address the unique difficulties women's business
centers located in covered areas face because of the type of
covered area in which such centers are located;
(2) expand the presence of, and increase the services
provided by, women's business centers located in covered areas;
and
(3) best use technology and other resources to better serve
women business owners located in covered areas.
(c) Definition of Covered Area.--In this section, the term
``covered area'' means--
(1) any State that is predominantly rural, as determined by
the Administrator;
(2) any State that is predominantly urban, as determined by
the Administrator; and
(3) any State or territory that is an island.
Subtitle C--Native American Small Business Development
SEC. 261. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 4(b)(1) (15 U.S.C. 633(b)(1))--
(A) in the fifth sentence, by striking ``five
Associate Administrators'' and inserting ``6 Associate
Administrators''; and
(B) by inserting after the fifth sentence the
following: ``1 Associate Administrator shall be the
Associate Administrator of the Office of Native
American Affairs established by section 46.''; and
(2) by inserting after section 45, as added by section 101
of this Act, the following:
``SEC. 46. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM.
``(a) Definitions.--In this section:
``(1) Associate administrator.--The term `Associate
Administrator' means the Associate Administrator of the Office
of Native American Affairs established under subsection (b).
``(2) Center; native american business center.--The terms
`center' and `Native American business center' mean a center
established under subsection (c).
``(3) Eligible applicant.--The term `eligible applicant'
means--
``(A) a tribal college;
``(B) a private, nonprofit organization--
``(i) that provides business and financial
or procurement technical assistance to 1 or
more Native American communities; and
``(ii) that is dedicated to assisting one
or more Native American communities; or
``(C) a small business development center, women's
business center, or other private organization
participating in a joint project.
``(4) Joint project.--The term `joint project' means a
project that--
``(A) combines the resources and expertise of 2 or
more distinct entities at a physical location dedicated
to assisting the Native American community; and
``(B) submits to the Administration a joint
application that contains--
``(i) a certification that each participant
of the project--
``(I) is an eligible applicant;
``(II) employs an executive
director or program manager to manage
the center;
``(ii) information demonstrating a record
of commitment to providing assistance to Native
Americans; and
``(iii) information demonstrating that the
participants in the joint project have the
ability and resources to meet the needs,
including the cultural needs, of the Native
Americans to be served by the project.
``(5) Native american small business concern.--The term
`Native American small business concern' means a small business
concern that is at least 51 percent owned and controlled by--
``(A) an Indian tribe or a Native Hawaiian
Organization, as the terms are described in paragraphs
(13) and (15) of section 8(a), respectively; or
``(B) 1 or more individual members of an Indian
tribe or Native Hawaiian Organization.
``(6) Native american small business development program.--
The term `Native American small business development program'
means the program established under subsection (c).
``(7) Small business concern.--The term `small business
concern' has the same meaning as in section 3.
``(8) Small business development center.--The term `small
business development center' means a small business development
center described in section 21.
``(9) Tribal college.--The term `tribal college' has the
meaning given the term `tribally controlled college or
university' in section 2(a) of the Tribally Controlled
Community College Assistance Act of 1978 (25 U.S.C. 1801(a)).
``(10) Tribal land.--The term `tribal land' has the meaning
given the term `reservation' in section 3 of the Indian
Financing Act (25 U.S.C. 1452).
``(b) Office of Native American Affairs.--
``(1) Establishment.--There is established within the
Administration the Office of Native American Affairs, which,
under the direction of the Associate Administrator, shall
implement the programs of the Administration for the
development of business enterprises by Native Americans.
``(2) Purpose.--The purpose of the Office of Native
American Affairs is to help Native American small business
concerns--
``(A) to start, operate, and increase the business
of small business concerns;
``(B) to develop management and technical skills;
``(C) to seek Federal procurement opportunities;
``(D) to increase employment opportunities for
Native Americans through the establishment and
expansion of small business concerns; and
``(E) to increase the access of Native Americans to
capital markets.
``(3) Associate administrator.--
``(A) Appointment.--The Administrator shall appoint
a qualified individual to serve as Associate
Administrator of the Office of Native American Affairs
in accordance with this paragraph.
``(B) Qualifications.--The Associate Administrator
appointed under subparagraph (A) shall have--
``(i) knowledge of Native American culture;
and
``(ii) experience providing culturally
tailored small business development assistance
to Native Americans.
``(C) Employment status.--The Administrator shall
establish the position of Associate Administrator, who
shall--
``(i) be an appointee in the Senior
Executive Service (as defined in section
3132(a) of title 5, United States Code); and
``(ii) shall report to and be responsible
directly to the Administrator.
``(D) Responsibilities and duties.--The Associate
Administrator shall--
``(i) administer and manage the Native
American small business development program;
``(ii) formulate, execute, and promote the
policies and programs of the Administration
that provide assistance to small business
concerns owned and controlled by Native
Americans;
``(iii) act as an ombudsman for full
consideration of Native Americans in all
programs of the Administration;
``(iv) recommend the annual administrative
and program budgets for the Office of Native
American Affairs;
``(v) consult with Native American business
centers in carrying out the Native American
small business development program;
``(vi) recommend appropriate funding
levels;
``(vii) review the annual budgets submitted
by each applicant for the Native American small
business development program;
``(viii) select applicants to participate
in the Native American small business
development program;
``(ix) implement this section; and
``(x) maintain a clearinghouse for the
dissemination and exchange of information
between all Administration-sponsored business
centers.
``(E) Consultation requirements.--In carrying out
the responsibilities and duties described in this
paragraph, the Associate Administrator shall confer
with and seek the advice of--
``(i) officials of the Administration
working in areas served by Native American
business centers; and
``(ii) eligible applicants.
``(c) Native American Small Business Development Program.--
``(1) Financial assistance.--
``(A) In general.--The Administration, acting
through the Associate Administrator, shall provide
financial assistance to eligible applicants to
establish Native American business centers in
accordance with this section.
``(B) Use of funds.--The financial and resource
assistance provided under this subsection shall be used
to establish a Native American business center to
overcome obstacles impeding the establishment,
development, and expansion of small business concerns,
in accordance with this section.
``(2) 5-year projects.--
``(A) In general.--Each Native American business
center that receives assistance under paragraph (1)(A)
shall conduct a 5-year project that offers culturally
tailored business development assistance in the form
of--
``(i) financial education, including
training and counseling in--
``(I) applying for and securing
business credit and investment capital;
``(II) preparing and presenting
financial statements; and
``(III) managing cash flow and
other financial operations of a
business concern;
``(ii) management education, including
training and counseling in planning,
organizing, staffing, directing, and
controlling each major activity and function of
a small business concern; and
``(iii) marketing education, including
training and counseling in--
``(I) identifying and segmenting
domestic and international market
opportunities;
``(II) preparing and executing
marketing plans;
``(III) developing pricing
strategies;
``(IV) locating contract
opportunities;
``(V) negotiating contracts; and
``(VI) using varying public
relations and advertising techniques.
``(B) Business development assistance recipients.--
The business development assistance under subparagraph
(A) shall be offered to prospective and current owners
of Native American small business concerns.
``(3) Form of federal financial assistance.--
``(A) Documentation.--The financial assistance to
Native American business centers authorized under this
subsection may be made by grant, contract, or
cooperative agreement.
``(B) Payments.--
``(i) Timing.--Payments made under this
subsection may be disbursed in periodic
installments, at the request of the recipient.
``(ii) Advance.--The Administrator may
disburse not more than 25 percent of the annual
amount of Federal financial assistance awarded
to a Native American business center after
notice of the award has been issued.
``(C) Non-federal contributions.--
``(i) In general.--
``(I) Initial financial
assistance.--Except as provided in
subclause (II), an eligible applicant
that receives financial assistance
under this subsection shall provide
non-Federal contributions for the
operation of the Native American
business center established by the
eligible applicant in an amount equal
to--
``(aa) in each of the first
and second years of the
project, not less than 33
percent of the amount of the
financial assistance received
under this subsection; and
``(bb) in the third through
fifth years of the project, not
less than 50 percent of the
amount of the financial
assistance received under this
subsection.
``(II) Renewals.--An eligible
applicant that receives a renewal of
financial assistance under this
subsection shall provide non-Federal
contributions for the operation of a
Native American business center
established by the eligible applicant
in an amount equal to not less than 50
percent of the amount of the financial
assistance received under this
subsection.
``(III) Exceptions.--The
requirements of this section may be
waived at the discretion of the
Administrator, based on an evaluation
of the ability of the eligible
applicant to provide non-Federal
contributions.
``(4) Contract and cooperative agreement authority.--A
Native American business center may enter into a contract or
cooperative agreement with a Federal department or agency to
provide specific assistance to Native American and other
underserved small business concerns located on or near tribal
land, to the extent that the contract or cooperative agreement
is consistent with and does not duplicate the terms of any
assistance received by the Native American business center from
the Administration.
``(5) Application process.--
``(A) Submission of a 5-year plan.--Each applicant
for assistance under paragraph (1) shall submit a 5-
year plan to the Administration on proposed assistance
and training activities.
``(B) Criteria.--
``(i) In general.--The Administrator shall
evaluate applicants for financial assistance
under this subsection in accordance with
selection criteria that are--
``(I) established before the date
on which eligible applicants are
required to submit the applications;
``(II) stated in terms of relative
importance; and
``(III) publicly available and
stated in each solicitation for
applications for financial assistance
under this subsection made by the
Administrator.
``(ii) Considerations.--The criteria
required by this subparagraph shall include--
``(I) the experience of the
applicant in conducting programs or
ongoing efforts designed to impart or
upgrade the business skills of current
or potential owners of Native American
small business concerns;
``(II) the ability of the applicant
to commence a project within a minimum
amount of time;
``(III) the ability of the
applicant to provide quality training
and services to a significant number of
Native Americans;
``(IV) previous assistance from the
Administration to provide services in
Native American communities;
``(V) the proposed location for the
Native American business center, with
priority given based on the proximity
of the center to the population being
served and to achieve a broad
geographic dispersion of the centers;
and
``(VI) demonstrated experience in
providing technical assistance,
including financial, marketing, and
management assistance.
``(6) Conditions for participation.--Each eligible
applicant desiring a grant under this subsection shall submit
an application to the Administrator that contains--
``(A) a certification that the applicant--
``(i) is an eligible applicant;
``(ii) employs a full-time executive
director, project director, or program manager
to manage the Native American business center;
and
``(iii) agrees--
``(I) to a site visit by the
Administrator as part of the final
selection process;
``(II) to an annual programmatic
and financial examination; and
``(III) to the maximum extent
practicable, to remedy any problems
identified pursuant to that site visit
or examination;
``(B) information demonstrating that the applicant
has the ability and resources to meet the needs,
including cultural needs, of the Native Americans to be
served by the grant;
``(C) information relating to proposed assistance
that the grant will provide, including--
``(i) the number of individuals to be
assisted; and
``(ii) the number of hours of counseling,
training, and workshops to be provided;
``(D) information demonstrating the effectiveness
and experience of the applicant in--
``(i) conducting financial, management, and
marketing assistance programs designed to
educate or improve the business skills of
current or prospective Native American business
owners;
``(ii) providing training and services to a
representative number of Native Americans;
``(iii) using resource partners of the
Administration and other entities, including
institutions of higher education, Indian
tribes, or tribal colleges; and
``(iv) the prudent management of finances
and staffing;
``(E) the location at which the applicant will
provide training and services to Native Americans;
``(F) a 5-year plan that describes--
``(i) the number of Native Americans and
Native American small business concerns to be
served by the grant;
``(ii) if the Native American business
center is located in the continental United
States, the number of Native Americans to be
served by the grant; and
``(iii) the training and services to be
provided to a representative number of Native
Americans; and
``(G) if the applicant is a joint project--
``(i) a certification that each participant
in the joint project is an eligible applicant;
``(ii) information demonstrating a record
of commitment to providing assistance to Native
Americans; and
``(iii) information demonstrating that the
participants in the joint project have the
ability and resources to meet the needs,
including the cultural needs, of the Native
Americans to be served by the grant.
``(7) Review of applications.--The Administrator shall
approve or disapprove each completed application submitted
under this subsection not later than 90 days after the date on
which the eligible applicant submits the application.
``(8) Program examination.--
``(A) In general.--Each Native American business
center established under this subsection shall annually
provide to the Administrator an itemized cost breakdown
of actual expenditures made during the preceding year.
``(B) Administration action.--Based on information
received under subparagraph (A), the Administration
shall--
``(i) develop and implement an annual
programmatic and financial examination of each
Native American business center assisted
pursuant to this subsection; and
``(ii) analyze the results of each
examination conducted under clause (i) to
determine the programmatic and financial
viability of each Native American business
center.
``(C) Conditions for continued funding.--In
determining whether to renew a grant, contract, or
cooperative agreement with a Native American business
center, the Administration--
``(i) shall consider the results of the
most recent examination of the center under
subparagraph (B), and, to a lesser extent,
previous examinations; and
``(ii) may withhold the renewal, if the
Administrator determines that--
``(I) the center has failed to
provide the information required to be
provided under subparagraph (A), or the
information provided by the center is
inadequate;
``(II) the center has failed to
provide adequate information required
to be provided by the center for
purposes of the report of the
Administrator under subparagraph (E);
``(III) the center has failed to
comply with a requirement for
participation in the Native American
small business development program, as
determined by the Administrator,
including--
``(aa) failure to acquire
or properly document a non-
Federal contribution;
``(bb) failure to establish
an appropriate partnership or
program for marketing and
outreach to reach new Native
American small business
concerns;
``(cc) failure to achieve
results described in a
financial assistance agreement;
and
``(dd) failure to provide
to the Administrator a
description of the amount and
sources of any non-Federal
funding received by the center;
``(IV) the center has failed to
carry out the 5-year plan under in
paragraph (6)(F); or
``(V) the center cannot make the
certification described in paragraph
(6)(A).
``(D) Continuing contract and cooperative agreement
authority.--
``(i) In general.--The authority of the
Administrator to enter into contracts or
cooperative agreements in accordance with this
subsection shall be in effect for each fiscal
year only to the extent and in the amounts as
are provided in advance in appropriations Acts.
``(ii) Renewal.--After the Administrator
has entered into a contract or cooperative
agreement with any Native American business
center under this subsection, the Administrator
may not suspend, terminate, or fail to renew or
extend any such contract or cooperative
agreement unless the Administrator--
``(I) provides the center with
written notification that describes the
reasons for the action of the
Administrator; and
``(II) affords the center an
opportunity for a hearing, appeal, or
other administrative proceeding under
chapter 5 of title 5, United States
Code.
``(E) Annual management report.--
``(i) In general.--The Administrator shall
prepare and submit to the Committee on Small
Business and Entrepreneurship and the Committee
on Indian Affairs of the Senate and the
Committee on Small Business and the Committee
on Natural Resources of the House of
Representatives an annual report on the
effectiveness of all projects conducted by
Native American business centers under this
subsection and any pilot programs administered
by the Office of Native American Affairs.
``(ii) Contents.--Each report submitted
under clause (i) shall include, with respect to
each Native American business center receiving
financial assistance under this subsection--
``(I) the number of individuals
receiving assistance from the Native
American business center;
``(II) the number of startup
business concerns established with the
assistance of the Native American
business center;
``(III) the number of existing
businesses in the area served by the
Native American business center seeking
to expand employment;
``(IV) the number of jobs
established or maintained, on an annual
basis, by Native American small
business concerns assisted by the
center since receiving funding under
this section;
``(V) to the maximum extent
practicable, the amount of the capital
investment and loan financing used by
emerging and expanding businesses that
were assisted by a Native American
business center;
``(VI) any additional information
on the counseling and training program
that the Administrator determines to be
necessary; and
``(VII) the most recent
examination, as required under
subparagraph (B), and the determination
made by the Administration under that
subparagraph.
``(9) Annual reports.--Each Native American business center
receiving financial assistance under this subsection shall
submit to the Administrator an annual report on the services
provided with the financial assistance, including--
``(A) the number of individuals assisted, by tribal
affiliation;
``(B) the number of hours spent providing
counseling and training for those individuals;
``(C) the number of startup small business concerns
established or maintained with the assistance of the
Native American business center;
``(D) the gross receipts of small business concerns
assisted by the Native American business center;
``(E) the number of jobs established or maintained
by small business concerns assisted by the Native
American business center; and
``(F) the number of jobs for Native Americans
established or maintained at small business concerns
assisted by the Native American business center.
``(10) Record retention.--
``(A) Applications.--The Administrator shall
maintain a copy of each application submitted under
this subsection for not less than 7 years.
``(B) Annual reports.--The Administrator shall
maintain copies of the certification submitted under
paragraph (6)(A) indefinitely.
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out the Native American small business development
program $10,000,000 for each of fiscal years 2011 through 2013.
``(2) Administration.--Not more than 10 percent of funds
appropriated for a fiscal year may be used for the costs of
administering the programs under this section.''.
Subtitle D--Veterans' Business Development
SEC. 281. VETERANS' BUSINESS CENTER PROGRAM; OFFICE OF VETERANS
BUSINESS DEVELOPMENT.
(a) In General.--Section 32 of the Small Business Act (15 U.S.C.
657b) is amended by striking subsection (f) and inserting the
following:
``(f) Online Coordination.--
``(1) Definition.--In this subsection, the term `veterans'
assistance provider' means--
``(A) a veterans' business center established under
subsection (g);
``(B) an employee of the Administration assigned to
the Office of Veterans Business Development; and
``(C) a veterans business ownership representative
designated under subsection (g)(13)(B).
``(2) Establishment.--The Associate Administrator shall
establish an online mechanism to--
``(A) provide information that assists veterans'
assistance providers in carrying out the activities of
the veterans' assistance providers; and
``(B) coordinate and leverage the work of the
veterans' assistance providers, including by allowing a
veterans' assistance provider to--
``(i) distribute best practices and other
materials;
``(ii) communicate with other veterans'
assistance providers regarding the activities
of the veterans' assistance provider on behalf
of veterans; and
``(iii) pose questions to and request input
from other veterans' assistance providers.
``(g) Veterans' Business Center Program.--
``(1) Definitions.--In this subsection--
``(A) the term `active duty' has the meaning given
that term in section 101 of title 10, United States
Code;
``(B) the term `private nonprofit organization'
means an entity that is described in section 501(c) of
the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code;
``(C) the term `Reservist' means a member of a
reserve component of the Armed Forces, as described in
section 10101 of title 10, United States Code;
``(D) the term `SCORE program' means the SCORE
program authorized under section 8(b)(1);
``(E) the term `small business concern owned and
controlled by veterans'--
``(i) has the same meaning as in section
3(q); and
``(ii) includes a small business concern--
``(I) not less than 51 percent of
which is owned by one or more spouses
of veterans or, in the case of any
publicly owned business, not less than
51 percent of the stock of which is
owned by one or more spouses of
veterans; and
``(II) the management and daily
business operations of which are
controlled by one or more spouses of
veterans;
``(F) the term `spouse', relating to a veteran,
service-disabled veteran, or Reservist, includes an
individual who is the spouse of a veteran, service-
disabled veteran, or Reservist on the date on which the
veteran, service-disabled veteran, or Reservist died;
``(G) the term `veterans' business center program'
means the program established under paragraph (2)(A);
and
``(H) the term `women's business center' means a
women's business center described in section 29.
``(2) Program established.--
``(A) In general.--The Administrator, acting
through the Associate Administrator, shall establish a
veterans' business center program, under which the
Associate Administrator may provide financial
assistance to a private nonprofit organization to
conduct a 5-year project for the benefit of small
business concerns owned and controlled by veterans,
which may be renewed for one or more additional 5-year
periods.
``(B) Form of financial assistance.--Financial
assistance under this subsection may be in the form of
a grant, a contract, or a cooperative agreement.
``(3) Veterans' business centers.--Each private nonprofit
organization that receives financial assistance under this
subsection shall establish or operate a veterans' business
center (which may include establishing or operating satellite
offices in the region described in paragraph (5) served by that
private nonprofit organization) that provides to veterans
(including service-disabled veterans), Reservists, and the
spouses of veterans (including service-disabled veterans) and
Reservists--
``(A) financial advice, including training and
counseling on applying for and securing business credit
and investment capital, preparing and presenting
financial statements, and managing cash flow and other
financial operations of a small business concern;
``(B) management advice, including training and
counseling on the planning, organization, staffing,
direction, and control of each major activity and
function of a small business concern;
``(C) marketing advice, including training and
counseling on identifying and segmenting domestic and
international market opportunities, preparing and
executing marketing plans, developing pricing
strategies, locating contract opportunities,
negotiating contracts, and using public relations and
advertising techniques; and
``(D) advice, including training and counseling,
for Reservists and the spouses of Reservists.
``(4) Application.--
``(A) In general.--A private nonprofit organization
desiring to receive financial assistance under this
subsection shall submit an application to the Associate
Administrator at such time and in such manner as the
Associate Administrator may require.
``(B) 5-year plan.--Each application described in
subparagraph (A) shall include a 5-year plan on
proposed fundraising and training activities relating
to the veterans' business center.
``(C) Determination and notification.--Not later
than 60 days after the date on which a private
nonprofit organization submits an application under
subparagraph (A), the Associate Administrator shall
approve or deny the application and notify the
applicant of the determination.
``(D) Availability of application.--The Associate
Administrator shall make every effort to make the
application under subparagraph (A) available online.
``(5) Eligibility.--The Associate Administrator may select
to receive financial assistance under this subsection--
``(A) a Veterans Business Outreach Center
established by the Administrator under section 8(b)(17)
on or before the day before the date of enactment of
this subsection; or
``(B) private nonprofit organizations located in
various regions of the United States, as the Associate
Administrator determines is appropriate.
``(6) Selection criteria.--
``(A) In general.--The Associate Administrator
shall establish selection criteria, stated in terms of
relative importance, to evaluate and rank applicants
under paragraph (5)(C) for financial assistance under
this subsection.
``(B) Criteria.--The selection criteria established
under this paragraph shall include--
``(i) the experience of the applicant in
conducting programs or ongoing efforts designed
to impart or upgrade the business skills of
veterans, and the spouses of veterans, who own
or may own small business concerns;
``(ii) for an applicant for initial
financial assistance under this subsection--
``(I) the ability of the applicant
to begin operating a veterans' business
center within a minimum amount of time;
and
``(II) the geographic region to be
served by the veterans' business
center;
``(iii) the demonstrated ability of the
applicant to--
``(I) provide managerial counseling
and technical assistance to
entrepreneurs; and
``(II) coordinate services provided
by veterans services organizations and
other public or private entities; and
``(iv) for any applicant for a renewal of
financial assistance under this subsection, the
results of the most recent examination under
paragraph (10) of the veterans' business center
operated by the applicant.
``(C) Criteria publicly available.--The Associate
Administrator shall--
``(i) make publicly available the selection
criteria established under this paragraph; and
``(ii) include the criteria in each
solicitation for applications for financial
assistance under this subsection.
``(7) Amount of assistance.--The amount of financial
assistance provided under this subsection to a private
nonprofit organization for each fiscal year shall be--
``(A) not less than $150,000; and
``(B) not more than $200,000.
``(8) Federal share.--
``(A) In general.--
``(i) Initial financial assistance.--Except
as provided in clause (ii) and subparagraph
(E), a private nonprofit organization that
receives financial assistance under this
subsection shall provide non-Federal
contributions for the operation of the
veterans' business center established by the
private nonprofit organization in an amount
equal to--
``(I) in each of the first and
second years of the project, not less
than 33 percent of the amount of the
financial assistance received under
this subsection; and
``(II) in each of the third through
fifth years of the project, not less
than 50 percent of the amount of the
financial assistance received under
this subsection.
``(ii) Renewals.--A private nonprofit
organization that receives a renewal of
financial assistance under this subsection
shall provide non-Federal contributions for the
operation of the veterans' business center
established by the private nonprofit
organization in an amount equal to not less
than 50 percent of the amount of the financial
assistance received under this subsection.
``(B) Form of non-federal share.--Not more than 50
percent of the non-Federal share for a project carried
out using financial assistance under this subsection
may be in the form of in-kind contributions.
``(C) Timing of disbursement.--The Associate
Administrator may disburse not more than 25 percent of
the financial assistance awarded to a private nonprofit
organization before the private nonprofit organization
obtains the non-Federal share required under this
paragraph with respect to that award.
``(D) Failure to obtain non-federal funding.--
``(i) In general.--If a private nonprofit
organization that receives financial assistance
under this subsection fails to obtain the non-
Federal share required under this paragraph
during any fiscal year, the private nonprofit
organization may not receive a disbursement
under this subsection in a subsequent fiscal
year or a disbursement for any other project
funded by the Administration, unless the
Administrator makes a written determination
that the private nonprofit organization will be
able to obtain a non-Federal contribution.
``(ii) Restoration.--A private nonprofit
organization prohibited from receiving a
disbursement under clause (i) in a fiscal year
may receive financial assistance in a
subsequent fiscal year if the organization
obtains the non-Federal share required under
this paragraph for the subsequent fiscal year.
``(E) Waiver of non-federal share.--
``(i) In general.--Upon request by a
private nonprofit organization, and in
accordance with this subparagraph, the
Administrator may waive, in whole or in part,
the requirement to obtain non-Federal funds
under subparagraph (A) for a fiscal year. The
Administrator may not waive the requirement for
a private nonprofit organization to obtain non-
Federal funds under this subparagraph for more
than a total of 2 fiscal years.
``(ii) Considerations.--In determining
whether to waive the requirement to obtain non-
Federal funds under this subparagraph, the
Administrator shall consider--
``(I) the economic conditions
affecting the private nonprofit
organization;
``(II) the impact a waiver under
this subparagraph would have on the
credibility of the veterans' business
center program;
``(III) the demonstrated ability of
the private nonprofit organization to
raise non-Federal funds; and
``(IV) the performance of the
private nonprofit organization.
``(iii) Limitation.--The Administrator may
not waive the requirement to obtain non-Federal
funds under this subparagraph if granting the
waiver would undermine the credibility of the
veterans' business center program.
``(9) Contract authority.--A veterans' business center may
enter into a contract with a Federal department or agency to
provide specific assistance to veterans, service-disabled
veterans, Reservists, or the spouses of veterans, service-
disabled veterans, or Reservists. Performance of such contract
shall not hinder the veterans' business center in carrying out
the terms of the grant received by the veterans' business
centers from the Administrator.
``(10) Examination and determination of viability.--
``(A) Examination.--
``(i) In general.--The Associate
Administrator shall conduct an annual
examination of the programs and finances of
each veterans' business center established or
operated using financial assistance under this
subsection.
``(ii) Factors.--In conducting the
examination under clause (i), the Associate
Administrator shall consider whether the
veterans' business center has failed--
``(I) to provide the information
required to be provided under
subparagraph (B), or the information
provided by the center is inadequate;
``(II) the center has failed to
comply with a requirement for
participation in the veterans' business
center program, as determined by the
Assistant Administrator, including--
``(aa) failure to acquire
or properly document a non-
Federal share;
``(bb) failure to establish
an appropriate partnership or
program for marketing and
outreach to small business
concerns;
``(cc) failure to achieve
results described in a
financial assistance agreement;
and
``(dd) failure to provide
to the Administrator a
description of the amount and
sources of any non-Federal
funding received by the center;
``(III) to carry out the 5-year
plan under in paragraph (4)(B); or
``(IV) to meet the eligibility
requirements under paragraph (5).
``(B) Information provided.--In the course of an
examination under subparagraph (A), the veterans'
business center shall provide to the Associate
Administrator--
``(i) an itemized cost breakdown of actual
expenditures for costs incurred during the most
recent full fiscal year;
``(ii) documentation of the amount of non-
Federal contributions obtained and expended by
the veterans' business center during the most
recent full fiscal year; and
``(iii) with respect to any in-kind
contribution under paragraph (8)(B),
verification of the existence and valuation of
such contributions.
``(C) Determination of viability.--The Associate
Administrator shall analyze the results of each
examination under this paragraph and, based on that
analysis, make a determination regarding the viability
of the programs and finances of each veterans' business
center.
``(D) Discontinuation of funding.--
``(i) In general.--The Associate
Administrator may discontinue an award of
financial assistance to a private nonprofit
organization at any time if the Associate
Administrator determines under subparagraph (C)
that the veterans' business center operated by
that organization is not viable.
``(ii) Restoration.--The Associate
Administrator may continue to provide financial
assistance to a private nonprofit organization
in a subsequent fiscal year if the Associate
Administrator determines under subparagraph (C)
that the veterans' business center is viable.
``(11) Privacy requirements.--
``(A) In general.--Except as provided in
subparagraph (B), a veterans' business center
established or operated using financial assistance
provided under this subsection may not disclose the
name, address, or telephone number of any individual or
small business concern that receives advice from the
veterans' business center without the consent of the
individual or small business concern.
``(B) Exception.--A veterans' business center may
disclose information described in subparagraph (A)--
``(i) if the Administrator or Associate
Administrator is ordered to make such a
disclosure by a court in any civil or criminal
enforcement action initiated by a Federal or
State agency; or
``(ii) to the extent that the Administrator
or Associate Administrator determines that such
a disclosure is necessary to conduct a
financial audit of a veterans' business center.
``(C) Administration use of information.--This
paragraph does not--
``(i) restrict access by the Administrator
to program activity data; or
``(ii) prevent the Administrator from using
information not described in subparagraph (A)
to conduct surveys of individuals or small
business concerns that receive advice from a
veterans' business center.
``(D) Regulations.--The Administrator shall issue
regulations to establish standards for requiring
disclosures under subparagraph (B)(ii).
``(12) Report.--
``(A) In general.--Not later than 60 days after the
end of each fiscal year, the Associate Administrator
shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report
on the effectiveness of the veterans' business center
program in each region during the most recent full
fiscal year.
``(B) Contents.--Each report under this paragraph
shall include, at a minimum, for each veterans'
business center established or operated using financial
assistance provided under this subsection--
``(i) the number of individuals receiving
assistance from the veterans' business center,
including the number of such individuals who
are--
``(I) veterans or spouses of
veterans;
``(II) service-disabled veterans or
spouses of service-disabled veterans;
or
``(III) Reservists or spouses of
Reservists;
``(ii) the number of startup small business
concerns formed by individuals receiving
assistance from the veterans' business center,
including--
``(I) veterans or spouses of
veterans;
``(II) service-disabled veterans or
spouses of service-disabled veterans;
or
``(III) Reservists or spouses of
Reservists;
``(iii) the gross receipts of small
business concerns that receive advice from the
veterans' business center;
``(iv) the employment increases or
decreases of small business concerns that
receive advice from the veterans' business
center;
``(v) to the maximum extent practicable,
the increases or decreases in profits of small
business concerns that receive advice from the
veterans' business center; and
``(vi) the results of the examination of
the veterans' business center under paragraph
(10).
``(13) Coordination of efforts and consultation.--
``(A) Coordination and consultation.--To the extent
practicable, the Associate Administrator and each
private nonprofit organization that receives financial
assistance under this subsection shall--
``(i) coordinate outreach and other
activities with other programs of the
Administration and the programs of other
Federal agencies;
``(ii) consult with technical
representatives of the district offices of the
Administration in carrying out activities using
financial assistance under this subsection; and
``(iii) provide information to the veterans
business ownership representatives designated
under subparagraph (B) and coordinate with the
veterans business ownership representatives to
increase the ability of the veterans business
ownership representatives to provide services
throughout the area served by the veterans
business ownership representatives.
``(B) Veterans business ownership
representatives.--
``(i) Designation.--The Administrator shall
designate not fewer than 1 individual in each
district office of the Administration as a
veterans business ownership representative, who
shall communicate and coordinate activities of
the district office with private nonprofit
organizations that receive financial assistance
under this subsection.
``(ii) Initial designation.--The first
individual in each district office of the
Administration designated by the Administrator
as a veterans business ownership representative
under clause (i) shall be an individual that is
employed by the Administration on the date of
enactment of this subsection.
``(14) Existing contracts.--An award of financial
assistance under this subsection shall not void any contract
between a private nonprofit organization and the Administration
that is in effect on the date of such award.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) to carry out subsections (a) through (f), $2,000,000
for each of fiscal years 2011 through 2013; and
``(2) to carry out subsection (g)--
``(A) $8,000,000 for fiscal year 2011;
``(B) $8,500,000 for fiscal year 2012; and
``(C) $9,000,000 for fiscal year 2013.''.
(b) GAO Reports.--
(1) Definitions.--In this subsection--
(A) the terms ``Reservist'', ``small business
concern owned and controlled by veterans'', and
``veterans' business center program'' have the meanings
given those terms in section 32(g) of the Small
Business Act, as added by subsection (a); and
(B) the term ``veteran'' has the meaning given that
term in section 3 of the Small Business Act (15 U.S.C.
632).
(2) Report on access to credit.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General
of the United States shall submit a report regarding
the ability of small business concern owned and
controlled by veterans to access credit to--
(i) the Committee on Veterans' Affairs and
the Committee on Small Business and
Entrepreneurship of the Senate; and
(ii) the Committee on Veterans' Affairs and
the Committee on Small Business of the House of
Representatives.
(B) Contents.--The report submitted under
subparagraph (A) shall include an analysis of--
(i) the sources of credit used by small
business concerns owned and controlled by
veterans and percentage of the credit obtained
by small business concern owned and controlled
by veterans that is obtained from each source;
(ii) the default rate for small business
concerns owned and controlled by veterans
separately for each source of credit described
in clause (i), as compared to the default rate
for the source of credit for small business
concerns generally;
(iii) the Federal lending programs
available to provide credit to small business
concerns owned and controlled by veterans;
(iv) gaps, if any, in the availability of
credit for small business concerns owned and
controlled by veterans that are not being
filled by the Federal Government or private
sources;
(v) obstacles faced by veterans in trying
to access credit;
(vi) the extent to which deployment and
other military responsibilities affect the
credit history of veterans and Reservists; and
(vii) the extent to which veterans are
aware of Federal programs targeted towards
helping veterans access credit.
(3) Report on veterans' business center program.--
(A) In general.--Not later than 60 days after the
end of the second fiscal year beginning after the date
on which the veterans' business center program is
established, the Comptroller General of the United
States shall evaluate the effectiveness of the
veterans' business center program, and submit to
Congress a report on the results of that evaluation.
(B) Contents.--The report submitted under
subparagraph (A) shall include--
(i) an assessment of--
(I) the use of amounts made
available to carry out the veterans'
business center program;
(II) the effectiveness of the
services provided by each private
nonprofit organization receiving
financial assistance under the
veterans' business center program;
(III) whether the services
described in subclause (II) are
duplicative of services provided by
other veteran service organizations,
programs of the Small Business
Administration, or programs of another
Federal department or agency and, if
so, recommendations regarding how to
alleviate the duplication of the
services; and
(IV) whether there are areas of the
United States in which there are not
adequate entrepreneurial services for
small business concerns owned and
controlled by veterans and, if so,
whether there is a veterans' business
center established under the veterans'
business center program providing
services to that area; and
(ii) recommendations, if any, for improving
the veterans' business center program.
(c) Reporting Requirement for Interagency Task Force.--Section
32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by
adding at the end the following:
``(4) Report.--Not less frequently than twice each year,
the Administrator shall submit to Congress a report on the
appointments made to and activities of the task force.''.
(d) Repeal and Renewal of Grants.--
(1) Definition.--In this subsection, the term ``covered
grant, contract, or cooperative agreement'' means a grant,
contract, or cooperative agreement that was--
(A) made or entered into under section 8(b)(17) of
the Small Business Act (15 U.S.C. 637(b)(17)); and
(B) in effect on or before the date described in
paragraph (2)(B).
(2) Repeal.--
(A) In general.--Section 8(b) of the Small Business
Act (15 U.S.C. 637(b)) is amended--
(i) in paragraph (15), by adding ``and'' at
the end;
(ii) in paragraph (16), by striking ``;
and'' and inserting a period; and
(iii) by striking paragraph (17).
(B) Effective date.--The amendments made by
paragraph (1) shall take effect 60 days after the date
of enactment of this Act.
(3) Transitional rules.--
(A) In general.--Notwithstanding any other
provision of law, a covered grant, contract, or
cooperative agreement shall remain in full force and
effect under the terms, and for the duration, of the
covered grant, contract, or agreement.
(B) Additional requirements.--Any organization that
was awarded or entered into a covered grant, contract,
or cooperative agreement shall be subject to the
requirements of section 32(g) of the Small Business Act
(15 U.S.C. 657b(g)) (as added by subsection (a)).
(4) Renewal of financial assistance.--An organization that
was awarded or entered into a covered grant, contract, or
cooperative agreement may apply for a renewal of the grant,
contract, or agreement under the terms and conditions described
in section 32(g) of the Small Business Act (15 U.S.C. 657b(g))
(as added by subsection (a)).
TITLE III--DISASTER RELIEF AND ASSISTANCE
SEC. 301. IMPROVEMENTS TO THE PIONEER BUSINESS RECOVERY PROGRAM.
(a) In General.--Section 12085 of the Food, Conservation, and
Energy Act of 2008 (15 U.S.C. 636j) is amended--
(1) in the section heading, by striking ``expedited
disaster assistance loan program'' and inserting ``pioneer
business recovery program'';
(2) by striking ``expedited disaster assistance business
loan program'' each place it appears and inserting ``Pioneer
Business Recovery Program'';
(3) in subsection (b) by striking ``paragraph (9)'' and all
that follows and inserting ``section 7(b) of the Small Business
Act (15 U.S.C. 636(b)).''; and
(4) in subsection (d)(3)(A), by striking ``$150,000'' and
inserting ``$250,000''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246; 122 Stat. 1651) is amended by striking the item relating
to section 12085 and inserting the following:
``Sec. 12085. Pioneer Business Recovery Program.''.
SEC. 302. INCREASED LIMITS.
(a) Homeowners and Lessees.--Section 7 of the Small Business Act
(15 U.S.C. 636) is amended--
(1) in subsection (d)(6)--
(A) by striking ``$100,000'' and inserting
``$400,000''; and
(B) by striking ``$20,000'' and inserting
``$80,000'';
(2) by striking ``(e) [RESERVED].''; and
(3) by striking ``(f) [RESERVED].''.
(b) Other Loans.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended--
(1) in paragraph (3)(E) by striking ``$1,500,000'' each
place it appears and inserting ``$4,000,000''; and
(2) in paragraph (8)(A) by striking ``$2,000,000'' and
inserting ``$4,000,000''.
SEC. 303. MODIFIED COLLATERAL REQUIREMENTS.
Section 7(d)(6) of the Small Business Act (15 U.S.C. 636(d)(6)) is
amended by inserting after ``which are made under paragraph (1) of
subsection (b)'' the following: ``: Provided further, That the
Administrator shall not require collateral for a loan of not more than
$200,000 under paragraph (1) or (2) of subsection (b) relating to
damage to or destruction of property of, or economic injury to, a small
business concern''.
SEC. 304. REGIONAL OUTREACH ON DISASTER ASSISTANCE PROGRAMS.
(a) Report.--In accordance with sections 7(b)(4) and 40(a) of the
Small Business Act (15 U.S.C. 636(b)(4) and 657l(a)) and not later than
60 days after the date of enactment of this Act, the Administrator
shall submit to the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House of
Representatives, a report detailing--
(1) information on the disasters, manmade or natural, most
likely to occur in each region of the Administration and likely
scenarios for each disaster in each region;
(2) information on plans of the Administration, if any, to
conduct annual disaster outreach seminars, including events
with resource partners of the Administration, in each region
before periods of predictable disasters described in paragraph
(1);
(3) information on plans of the Administration for
satisfying the requirements under section 40(a) of the Small
Business Act not satisfied on the date of enactment of this
Act; and
(4) such additional information as determined necessary by
the Administrator.
(b) Availability of Information.--The Administrator shall--
(1) post the disaster information provided under subsection
(a) on the website of the Administration; and
(2) make the information provided under subsection (a)
available, upon request, at each regional and district office
of the Administration.
TITLE IV--CONTRACTING IMPROVEMENTS
SEC. 401. SURETY BONDS.
(a) Maximum Bond Amount.--Section 411(a)(1) of the Small Business
Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended by striking
``(1)'' and all that follows and inserting the following: ``(1)(A) The
Administration may, upon such terms and conditions as it may prescribe,
guarantee and enter into commitments to guarantee any surety against
loss resulting from a breach of the terms of a bid bond, payment bond,
performance bond, or bonds ancillary thereto, by a principal on any
total work order or contract amount at the time of bond execution that
does not exceed $5,000,000.
``(B) The Administrator may guarantee a surety under subparagraph
(A) for a total work order or contract amount that does not exceed
$10,000,000, if a contracting officer of a Federal agency certifies
that such a guarantee is necessary.''.
(b) Denial of Liability.--Section 411 of the Small Business
Investment Act of 1958 (15 U.S.C. 694b) is amended--
(1) by striking subsection (e) and inserting the following:
``(e) Reimbursement of Surety; Conditions.--Pursuant to any such
guarantee or agreement, the Administration shall reimburse the surety,
as provided in subsection (c) of this section, except that the
Administration shall be relieved of liability (in whole or in part
within the discretion of the Administration) if--
``(1) the surety obtained such guarantee or agreement, or
applied for such reimbursement, by fraud or material
misrepresentation;
``(2) the total contract amount at the time of execution of
the bond or bonds exceeds $5,000,000;
``(3) the surety has breached a material term or condition
of such guarantee or agreement; or
``(4) the surety has substantially violated the regulations
promulgated by the Administration pursuant to subsection
(d).'';
(2) by striking subsection (k); and
(3) by adding after subsection (i) the following:
``(j) Denial of Liability.--For bonds made or executed with the
prior approval of the Administration, the Administration shall not deny
liability to a surety based upon material information that was provided
as part of the guaranty application.''.
(c) Size Standards.--Section 410 of the Small Business Investment
Act of 1958 (15 U.S.C. 694a) is amended--
(1) by striking paragraph (9); and
(2) adding after paragraph (8) the following:
``(9) Notwithstanding any other provision of law or any rule,
regulation, or order of the Administration, for purposes of sections
410, 411, and 412 the term `small business concern' means a business
concern that meets the size standard for the primary industry in which
such business concern, and the affiliates of such business concern, is
engaged, as determined by the Administrator in accordance with the
North American Industry Classification System.''.
SEC. 402. SECTION 8(A) IMPROVEMENTS.
(a) Programs for Socially and Economically Disadvantaged Small
Business Concerns.--
(1) Net worth threshold.--
(A) In general.--Section 8(a)(6)(A) of the Small
Business Act (15 U.S.C. 637(a)(6)(A)) is amended--
(i) by inserting ``(i)'' after ``(6)(A)'';
(ii) by striking ``In determining the
degree of diminished credit'' and inserting the
following:
``(ii)(I) In determining the degree of diminished credit'';
(iii) by striking ``In determining the
economic disadvantage'' and inserting the
following:
``(iii) In determining the economic disadvantage''; and
(iv) by inserting after clause (ii)(I), as
so designated by this section, the following:
``(II)(aa) Not later than 1 year after the date of enactment of the
Small Business Investment and Innovation Act of 2010, the Administrator
shall--
``(AA) assign each North American Industry Classification
System industry code to a category described in item (cc); and
``(BB) for each category described in item (cc), establish
a maximum net worth for the socially disadvantaged individuals
who own or control small business concerns in the category that
participate in the program under this subsection.
``(bb) The maximum net worth for a category described in item (cc)
shall be not less than the modified net worth limitations established
by the Administrator under section 402(a)(1)(B) of the Small Business
Investment and Innovation Act of 2010.
``(cc) The categories described in this item are--
``(AA) manufacturing;
``(BB) construction;
``(CC) professional services; and
``(DD) general services.
``(III) The Administrator shall establish procedures that--
``(aa) account for inflationary adjustments to, and include
a reasonable assumption of, the average income and net worth of
the owners of business concerns that are dominant in the field
of operation of the business concern; and
``(bb) require an annual inflationary adjustment to the
average income and maximum net worth requirements under this
clause.
``(IV) In determining the assets and net worth of a socially
disadvantaged individual under this subparagraph, the Administrator
shall not consider any assets of the individual that are held in a
qualified retirement plan, as that term is defined in section 4974(c)
of the Internal Revenue Code of 1986.''.
(B) Temporary inflationary adjustment.--
(i) In general.--Not later than 30 days
after the date of enactment of this Act, the
Administrator shall modify the net worth
limitations established by the Administrator
for purposes of the program under section 8(a)
of the Small Business Act (15 U.S.C. 637(a)) by
adjusting the amount of the net worth
limitations for inflation during the period
beginning on the date on which the
Administrator established the net worth
limitations and the date of enactment of this
Act.
(ii) Termination.--The Administrator shall
apply the net worth limitations established
under clause (i) until the effective date of
the net worth limitations established by the
Administrator under clause (ii)(II) of section
8(a)(6)(A) of the Small Business Act (15 U.S.C.
637(a)(6)(A)), as added by this paragraph.
(C) Transition period.--Section 7(j)(15) of the
Small Business Act (15 U.S.C. 636(j)(15)) is amended--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(D) by striking ``Subject to'' and inserting ``(A)
Except as provided in subparagraph (B), and subject
to''; and
(E) by adding at the end the following:
``(B)(i) A small business concern may receive developmental
assistance under the Program and contracts under section 8(a) during
the 3-year period beginning on the date on which the small business
concern graduates--
``(I) because the small business concern has participated
in the Program for the total period authorized under
subparagraph (A); or
``(II) under section 8(a)(6)(C)(ii), because the socially
disadvantaged individuals who own or control the small business
concern have a net worth that is more than the maximum net
worth established by the Administrator.
``(ii) After the end of the 3-year period described in clause (i),
a small business concern described in clause (i)--
``(I) may not receive developmental assistance under the
Program or contracts under section 8(a); and
``(II) may continue to perform and receive payment under a
contract received by the small business concern under section
8(a) before the end of the period, under the terms of the
contract.''.
(2) GAO study.--Section 8(a) of the Small Business Act (15
U.S.C. 637(a)) is amended by adding at the end the following:
``(22) Review of Effectiveness.--
``(A) GAO study.--Not later than 5 years after the date of
enactment of this paragraph, and every 5 years thereafter, the
Comptroller General of the United States shall--
``(i) conduct an evaluation of the effectiveness of
the program under this subsection, including an
examination of--
``(I) the number and size of contracts
applied for, as compared to the number received
by, small business concerns after successfully
completing the program;
``(II) the percentage of small business
concerns that continue to operate during the 3-
year period beginning on the date on which the
small business concerns successfully complete
the program;
``(III) whether the business of small
business concerns increases during the 3-year
period beginning on the date on which the small
business concerns successfully complete the
program; and
``(IV) the number of training sessions
offered under the program; and
``(ii) submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report
regarding each evaluation under clause (i).
``(B) SBA report.--Not later than 1 year after the date of
enactment of this paragraph, and every year thereafter, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report evaluating
the program under this section, including an assessment of--
``(i) the regulations promulgated to carry out the
program;
``(ii) online training under the program; and
``(iii) whether the structure of the program is
conducive to business development.''.
(3) Report on fraud detection.--Not later than 90 days
after the date of enactment of this Act, the Administrator
shall--
(A) assess the workload of business development
specialists of the Administration;
(B) evaluate the use of fraud detection tools, such
as the use of data mining techniques and provide
additional financial and analytical training for
business development specialists of the Administration;
(C) propose amendments to regulations and
operational changes that would closely evaluate an
applicant to participate in the program under section
8(a) of the Small Business Act (15 U.S.C. 637(a)) if a
family member of the applicant is, or has been, a
participant in the program under section 8(a) of the
Small Business Act providing the same type of supplies
or services as the applicant;
(D) review the regulations relating to economic
disadvantage with respect to the income and asset
levels of an applicant for or participant in the
program under section 8(a) of the Small Business Act at
the time of application and annual certification; and
(E) submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report
regarding the assessment, evaluation, proposals, and
review under this paragraph.
(b) Surety Bond Pilot Program.--
(1) Definitions.--In this subsection--
(A) the terms ``bid bond'', ``payment bond'',
``performance bond'', and ``surety'' have the meanings
given those terms in section 410 of the Small Business
Investment Act of 1958 (15 U.S.C. 694a);
(B) the term ``Board'' means the pilot program
advisory board established under paragraph (4)(A);
(C) the term ``eligible small business concern''
means a socially and economically disadvantaged small
business concern that is participating in the program
under section 8(a) of the Small Business Act (15 U.S.C.
637(a));
(D) the term ``Fund'' means the Small Business
Surety Bond Pilot Program Fund established under
paragraph (5)(A);
(E) the term ``graduated'' has the meaning given
that term in section 7(j)(10)(H) of the Small Business
Act (15 U.S.C. 636(j)(10)(H));
(F) the term ``pilot program'' means the surety
bond pilot program established under paragraph (2)(A);
and
(G) the term ``socially and economically
disadvantaged small business concern'' has the meaning
given that term in section 8(a) of the Small Business
Act (15 U.S.C. 637(a)).
(2) Program.--
(A) In general.--The Administrator shall establish
a surety bond pilot program under which the
Administrator may guarantee any surety against loss
resulting from a breach of the terms of a bid bond,
payment bond, performance bond, or bonds ancillary
thereto, by an eligible small business concern.
(B) Application.--An eligible small business
concern desiring a guarantee under the pilot program
shall submit an application at such time, in such
manner, and accompanied by such information as the
Administrator may require.
(C) Review.--A surety desiring a guarantee under
the pilot program against loss resulting from a breach
of the terms of a bid bond, payment bond, performance
bond, or bonds ancillary thereto by an eligible small
business concern shall--
(i) submit to the Administrator a report
evaluating whether the eligible small business
concern meets such criteria as the
Administrator may establish relating to whether
a bond should be issued to the eligible small
business concern; and
(ii) if the Administrator does not
guarantee the surety against loss, submit an
update of the report described in clause (i)
every 6 months.
(3) Technical assistance and educational training.--
(A) In general.--The Administrator shall provide
technical assistance and educational training to an
eligible small business concern participating in the
pilot program or desiring to participate in the pilot
program for a period of not less than 3 years, to
promote the growth of the eligible small business
concern and assist the eligible small business concern
in promoting job development.
(B) Topics.--
(i) Technical assistance.--The technical
assistance under subparagraph (A) shall include
assistance relating to--
(I) scheduling of employees;
(II) cash flow analysis;
(III) change orders;
(IV) requisition preparation;
(V) submitting proposals;
(VI) dispute resolution; and
(VII) contract management.
(ii) Educational training.--The educational
training under subparagraph (A) shall include
training regarding--
(I) accounting;
(II) legal issues;
(III) infrastructure;
(IV) human resources;
(V) estimating costs;
(VI) scheduling; and
(VII) any other area the
Administrator determines is a key area
for which training is needed for
eligible small business concerns.
(4) Panel.--
(A) Establishment.--The Administrator shall
establish a pilot program advisory board to evaluate
and make recommendations regarding the pilot program.
(B) Membership.--The Board shall be composed of 5
members--
(i) who shall be appointed by the
Administrator;
(ii) not less than 2 of whom shall have
graduated from the program under section 8(a)
of the Small Business Act (15 U.S.C. 637(a));
and
(iii) not more than 1 of whom may be an
officer or employee of the Administration.
(C) Duties.--The Board shall--
(i) evaluate and make recommendations to
the Administrator regarding the effectiveness
of the pilot program;
(ii) make recommendations to the
Administrator regarding performance measures to
evaluate eligible small business concerns
applying for a guarantee under the pilot
program; and
(iii) not later than 90 days after the date
on which all members of the Board are
appointed, and every year thereafter until the
authority to carry out the pilot program
terminates under paragraph (6), submit to the
Committee on Small Business and
Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives a report regarding the
activities of the Board.
(5) Fund.--
(A) Establishment of fund.--There is established in
the Treasury of the United States a revolving fund to
be known as the ``Small Business Surety Bond Pilot
Program Fund'', to be administered by the
Administrator.
(B) Availability.--Amounts in the Fund shall be
available without fiscal year limitation or further
appropriation by Congress.
(C) Authorization of appropriations.--There is
authorized to be appropriated to the Fund $20,000,000.
(D) Rescission.--Effective on the day after the
date on which the term of all guarantees made under the
pilot program have ended, all amounts in the Fund are
rescinded.
(6) Termination.--The Administrator may not make a
guarantee to a surety against loss under the pilot program on
or after the date that is 7 years after the date on which the
Administrator makes the first guarantee under the pilot
program.
(c) Extension of Participation Term for Victims of Hurricane
Katrina or Hurricane Rita.--
(1) Retroactivity.--If a small business concern, while
participating in any program or activity under the authority of
paragraph (10) of section 7(j) of the Small Business Act (15
U.S.C. 636(j)), was located in a parish or county described in
paragraph (2) of this subsection and was affected by Hurricane
Katrina of 2005 or Hurricane Rita of 2005, the period during
which that small business concern is permitted continuing
participation and eligibility in that program or activity shall
be extended for 24 months after the date such participation and
eligibility would otherwise terminate.
(2) Parishes and counties covered.--Paragraph (1) applies
to any parish in the State of Louisiana, or any county in the
State of Mississippi or in the State of Alabama, that has been
designated by the Administrator as a disaster area by reason of
Hurricane Katrina of 2005 or Hurricane Rita of 2005 under
disaster declaration 10176, 10177, 10178, 10179, 10180, 10181,
10205, or 10206.
(3) Review and compliance.--The Administrator shall ensure
that the case of every small business concern participating
before the date of enactment of this Act in a program or
activity covered by paragraph (1) is reviewed and brought into
compliance with this subsection.
TITLE V--TRADE AND EXPORT ENHANCEMENTS
SEC. 501. ONLINE EXPORT READINESS ASSESSMENT TOOL.
(a) Development of Tool.--Section 22 of the Small Business Act (15
U.S.C. 649) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Export Readiness Assessment Tool.--
``(1) Assessment tool.--The Associate Administrator, in
consultation with the Secretary of Commerce and working in
close cooperation with the Secretary of Agriculture, the United
States Trade Representative, the Secretary of Agriculture, the
Export-Import Bank of the United States, the Overseas Private
Investment Corporation, and other relevant Federal agencies,
regional and district offices of the Administration, small
business development centers engaged in export promotion
efforts, networks of women's business centers, the SCORE
program authorized by section 8(b)(1), Export Assistance
Centers, relevant State and local export promotion programs,
and partners in the private sector, shall develop a
comprehensive assessment tool that allows small business
concerns to assess the export readiness of the small business
concerns, which shall incorporate factors including--
``(A) the amount of time that a small business
concern has been in operation;
``(B) the amount of time that a small business
concern has successfully conducted business or sold a
product or service in the United States;
``(C) the profitability of a small business
concern, based on operations in the United States;
``(D) the compliance of a small business concern
with the Internal Revenue Code of 1986;
``(E) the production and marketing capacity of a
small business concern that can be committed to export
operations, including the production of products and
services for export, the development of opportunities
in markets outside the United States, the allocation of
staff resources, and the ability to deliver customer
service support;
``(F) the knowledge of a small business concern of
the costs associated with exporting and conducting
business with foreign purchasers, including the costs
of freight forwarding, customs brokers, packing and
shipping, and the development of an international
business and marketing plan;
``(G) the knowledge of a small business concern of
foreign import regulations, trade barriers, and
cultural preferences in targeted export markets;
``(H) the knowledge of a small business concern of
United States export regulations and compliance
practices;
``(I) the knowledge of a small business concern of
export payment and financing mechanisms and resources,
including the development and negotiation of letters of
credit and access to financial resources and capital to
facilitate or finance sales and marketing operations
overseas; and
``(J) any other factors, as the Associate
Administrator determines is appropriate or necessary.
``(2) Availability of tool.--The Associate Administrator
shall make the assessment tool developed under paragraph (1)
available online, on the website of the Administration, and
through the regional and district offices of the
Administration, the small business development center network,
networks of women's business centers, the SCORE program
authorized by section 8(b)(1), Export Assistance Centers, State
and local export promotion programs, and partners in the
private sector.
``(3) Referrals.--The Associate Administrator shall refer
small business concerns that use the assessment tool developed
under paragraph (1) to local export assistance resources,
including resources of the Department of Commerce, the
Department of Agriculture, the United States Trade
Representative, the Export-Import Bank of the United States,
the Overseas Private Investment Corporation, and other relevant
Federal agencies, the regional and district offices of the
Administration, the small business development center network,
networks of women's business centers, the SCORE program
authorized by section 8(b)(1), Export Assistance Centers, State
and local export promotion programs, and partners in the
private sector.
``(4) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.''.
(b) Reporting Requirement.--Section 22(f) of the Small Business Act
(15 U.S.C. 649(f)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(6) and (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) for the period addressed by the report, the number of
small business concerns that--
``(A) used the assessment tool developed under
subsection (l);
``(B) were referred to local export assistance
resources described in subsection (l)(3) after using
the assessment tool; and
``(C) made a successful foreign sale after using
the assessment tool;''.
SEC. 502. MARKETING AND OUTREACH INITIATIVES TO SMALL BUSINESS
CONCERNS.
(a) Outreach Events Required.--
(1) Amendment.--Section 22(c)(11) of the Small Business Act
(15 U.S.C. 649(c)(11)) is amended by striking ``concerns;'' and
inserting the following: ``concerns, which shall include--
``(A) conducting, in each region of the
Administration, outreach events that--
``(i) promote exporting as a business
development opportunity;
``(ii) raise awareness of the National
Export Initiative established under Executive
Order 13534 (75 Fed. Reg. 12433; relating to
the National Export Initiative);
``(iii) are focused on small business
concerns that are new to exporting;
``(iv) are conducted not less frequently
than--
``(I) once in each of fiscal years
2011 through 2014; and
``(II) twice in fiscal year 2015
and each fiscal year thereafter; and
``(B) conducting outreach events, in coordination
with the Department of Commerce, the Export-Import Bank
of the United States, the Department of Agriculture,
the Overseas Private Investment Corporation, the United
States Trade and Development Agency, the Department of
State, and, as the Associate Administrator determines
is appropriate, other members of the Trade Promotion
Coordinating Committee, that are designed to reach--
``(i) small business concerns located in a
rural area, as that term is defined in section
1393(a)(2) of the Internal Revenue Code of
1986;
``(ii) small business concerns owned and
controlled by women;
``(iii) small business concerns owned by
veterans and small business concerns owned and
controlled by service-disabled veterans; and
``(iv) socially and economically
disadvantaged small business concerns;''.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
section 22(c)(11) of the Small Business Act (15 U.S.C.
649(c)(11)), as amended by paragraph (1) of this subsection.
(b) Reporting Requirements.--Section 22(f) of the Small Business
Act (15 U.S.C. 649(f)) is amended by inserting after paragraph (4), as
added by section 501(b) of this Act, the following:
``(5) for the year ending on the date of the report--
``(A) the number and location of the outreach
events conducted under subsection (c)(11)(A);
``(B) the number of small business concerns that--
``(i) participated in each event described
in subparagraph (A); and
``(ii) were referred to a resource partner
of the Administration or a Federal agency that
is a member of the Trade Promotion Coordinating
Committee as a result of each event described
in subparagraph (A);''.
SEC. 503. EXPANSION OF STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM
TO CITIES AND MAJOR METROPOLITAN AREAS.
Section 1207 of the Small Business Jobs Act of 2010 (15 U.S.C. 649b
note) is amended--
(1) in subsection (b), by inserting ``, and to
municipalities in accordance with subsection (c)(5),'' after
``grants to States'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``or
municipality'' after ``State'' each place that term
appears;
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``that proposes a program''
and inserting ``or municipality'';
(ii) in subparagraph (B), by redesignating
clauses (i), (ii), and (iii) as subclauses (I),
(II), and (III), respectively, and adjusting
the margins accordingly;
(iii) by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv),
respectively, and adjusting the margins
accordingly;
(iv) by inserting before clause (i), as so
redesignated, the following:
``(A) has a small business program or exporting
program in place at the time the State or municipality
submits the application; and
``(B) proposes a program that--''; and
(v) in clause (iii), as so redesignated, by
inserting ``in the case of an application by a
State,'' before ``promotes exports'';
(C) in paragraph (4), by inserting ``or
municipality'' after ``State'';
(D) by adding at the end the following:
``(5) Limitation on award of grants to municipalities.--The
Associate Administrator may make a grant to a municipality on
and after the date that is 1 year after the date of enactment
of this Act, if the State in which the municipality is located
has not, as of the date that is 1 year after the date of
enactment of this Act, applied for a grant under this
section.'';
(3) in subsection (e), by inserting ``or municipality''
after ``State'' each place that term appears; and
(4) in subsection (g)(2)--
(A) in subparagraph (B), by inserting ``and
municipalities'' after ``States''; and
(B) in subparagraph (C), by inserting ``or
municipality'' after ``State''.
TITLE VI--REGULATORY RELIEF
SEC. 601. DEFINITIONS.
(a) Independent Establishments.--Section 601(1) of title 5, United
States Code, is amended by inserting ``, including an independent
establishment as defined in section 104 of this title'' after
``title''.
(b) Significant Guidance Documents.--Section 601 of title 5, United
States Code, is amended by striking paragraph (2) and inserting the
following:
``(2) the term `rule'--
``(A) means any rule for which the agency publishes
a general notice of proposed rulemaking under section
553(b) of this title, or any other law;
``(B) includes--
``(i) any rule of general applicability
governing Federal grants to State and local
governments for which the agency provides an
opportunity for notice and public comment; and
``(ii) any significant guidance document,
as defined in the Office of Management and
Budget Final Bulletin for Agency Good Guidance
Procedures (72 Federal Register 3432; January
25, 2007); and
``(C) does not include a rule of particular
applicability relating to rates, wages, corporate or
financial structures or reorganizations thereof,
prices, facilities, appliances, services, or allowances
therefor or to valuations, costs or accounting, or
practices relating to such rates, wages, structures,
prices, appliances, services, or allowances;''.
(c) Inclusion of Indian Tribes as Small Governmental
Jurisdictions.--Section 601(5) of title 5, United States Code, is
amended by inserting ``Indian tribes as defined under section 8(a)(13)
of the Small Business Act (15 U.S.C. 637(a)(13)),'' after ``school
districts,''.
SEC. 602. CERTIFICATION OF RULES.
(a) Preparation of Initial Regulatory Flexibility Analysis Before
Final Regulatory Flexibility Analysis.--Section 605(b) of title 5,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) If the head of the agency determines that there will be a
significant economic impact on a substantial number of small entities
after publication of the certification required under paragraph (1),
the agency shall comply with the requirements of section 603 before the
publication of the final rule, by--
``(A) publishing an initial regulatory flexibility analysis
for public comment; or
``(B) re-proposing the rule with an initial regulatory
flexibility analysis.''.
(b) Determinations Before Certifications.--Section 605(b) of title
5, United States Code, (as amended by subsection (a) of this section)
is further amended by adding at the end the following:
``(3) The head of an agency may not certify a rule under this
subsection, unless the head of the agency has determined--
``(A) the average cost of the rule for small entities
affected or reasonably presumed to be affected by the rule;
``(B) the number of small entities affected or reasonably
presumed to be affected by the rule; and
``(C) the number of affected small entities for which that
cost will be significant.''.
(c) Accuracy of Certifications.--Section 605(b) of title 5, United
States Code, (as amended by subsections (a) and (b) of this section) is
further amended by adding at the end the following:
``(4) Before publishing a certification and a statement providing
the factual basis for that certification under paragraph (1), the head
of the agency shall--
``(A) transmit a copy of that certification and statement
to the Chief Counsel for Advocacy of the Small Business
Administration; and
``(B) consult with the Chief Counsel for Advocacy of the
Small Business Administration on the accuracy of that
certification and statement.''.
SEC. 603. APPLICATION TO INTERIM FINAL RULES.
Section 608 of title 5, United States Code, is amended--
(1) in subsection (a), by inserting ``the interim final
rule or'' before ``the final rule'' each place that term
appears; and
(2) in subsection (b)--
(A) in the second sentence--
(i) by inserting ``an interim final rule
or'' before ``a final rule''; and
(ii) by inserting ``the interim final rule
or'' before ``the final rule''; and
(B) in the third sentence, by inserting ``the
interim final rule or'' before ``the final rule''.
SEC. 604. REVIEW PANELS.
Section 609(b) of title 5, United States Code, is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(2) by inserting after paragraph (1) the following:
``(2) not later than 60 days before convening a panel under
paragraph (4), a covered agency shall submit written
notification and a statement to the Chief Counsel for Advocacy
of the Small Business Administration and the Office of
Information and Regulatory Affairs within the Office of
Management and Budget that includes--
``(A) the date the panel will convene;
``(B) a description of all potential regulatory
alternatives to be considered by the panel; and
``(C) data or statistical information in support of
each potential regulatory alternative.''; and
(3) in paragraph (6) (as redesignated under paragraph (1)
of this section), by striking ``pursuant to paragraph (3)'' and
inserting ``under paragraph (4)''.
SEC. 605. JUDICIAL REVIEW.
Section 611(a) of title 5, United States Code, is amended--
(1) in paragraph (1), by inserting ``603,'' after ``601,'';
(2) in paragraph (2), by inserting ``603,'' after ``601,'';
(3) in paragraph (3), by striking ``(3)(A)'' through the
end of subparagraph (A) and inserting the following:
``(3)(A) A small entity may seek such review during the period
beginning on the date of final agency action and ending one year later,
except that--
``(i) where a provision of law requires that an action
challenging a final agency action be commenced before the
expiration of one year, such lesser period shall apply to an
action for judicial review under this section; and
``(ii) in the case of noncompliance with section 603 or
605(b), a small entity may seek judicial review of agency
compliance with those sections before the close of the public
comment period.''; and
(4) in paragraph (4)--
(A) in subparagraph (A), by striking ``, and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) issuing an injunction prohibiting an agency
from taking any agency action with respect to a
rulemaking until that agency is in compliance with the
requirements of section 603 or 605.''.
SEC. 606. RESEARCH GRANT AUTHORITY.
(a) Grant Authority.--The Office of Advocacy of the Small Business
Administration may establish a grant program and award grants to
institutions of higher education, as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001), to conduct research on
issues that affect small business concerns.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.
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