[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6445 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 6445
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2022
Received; read twice and referred to the Committee on Small Business
and Entrepreneurship
_______________________________________________________________________
AN ACT
To amend the Small Business Act to require an annual report on
entrepreneurial development programs, 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 Development Centers
Improvement Act of 2022''.
SEC. 2. ANNUAL REPORT ON ENTREPRENEURIAL DEVELOPMENT PROGRAMS.
Section 10 of the Small Business Act (15 U.S.C. 639) is amended by
adding at the end the following new subsection:
``(i) Annual Report on Entrepreneurial Development Programs.--
``(1) Report required.--The Administrator shall include in
the comprehensive annual report required under subsection (a)
the following data:
``(A) A list of all entrepreneurial development
activities undertaken during the fiscal year preceding
the date of the report through a covered program,
including--
``(i) a description and operating details
for each such covered program and the
activities performed under each such covered
program;
``(ii) operating circulars, manuals, and
standard operating procedures for each such
covered program;
``(iii) a description of the process used
to make awards relating to the provision of
entrepreneurial development activities under
each such covered program;
``(iv) a list of all recipients of awards
under each such covered program and the amount
of each such award; and
``(v) a list of contractors, including the
name and location of such contractor, of an
award recipient.
``(B) The total amount of funding obligated for a
covered program and the entrepreneurial development
activities conducted under each such covered program
for the fiscal year preceding the date of the report.
``(C) The names and titles of the individuals
responsible for carrying out a covered program.
``(D) For entrepreneurial development activities
undertaken during the fiscal year preceding the date of
the report through the Small Business Development
Center Program established under section 21 (in this
section referred to as the `Program')--
``(i) the number of individuals counseled
or trained through the Program;
``(ii) the total number of hours of
counseling and training services provided
through the Program;
``(iii) the demographics of participants in
the Program, which shall include the gender,
race, and age of each such participant;
``(iv) the number of participants in the
Program who are veterans;
``(v) the number of new businesses started
by participants in the Program;
``(vi) to the extent practicable, the
number of jobs supported, created, or retained
with assistance from the Program;
``(vii) the amount of capital secured by
participants in the Program, including through
loans and equity investment;
``(viii) the number of participants in the
Program receiving financial assistance,
including the type and dollar amount, under a
loan program of the Administration;
``(ix) an estimate of gross receipts,
including (to the extent practicable) a
description of any change in revenue, of small
business concerns assisted through the Program;
``(x) the number of referrals of
individuals to other resources and programs of
the Administration;
``(xi) the results of satisfaction surveys
of participants in the Program, including a
summary of any comments received from such
participants; and
``(xii) any recommendations by the
Administrator to improve the delivery of
services by the Program.
``(2) Definitions.--In this subsection:
``(A) Covered program.--The term `covered program'
means a program authorized under section 7(j), 7(m),
8(a), 8(b)(1), 21, 22, 29, 32, or 34 of this Act.
``(B) Entrepreneurial development activity.--The
term `entrepreneurial development activity' means an
activity related to the delivery of entrepreneurial
development services, entrepreneurial education, or
support for the development and maintenance of business
training services carried out through a covered
program.''.
SEC. 3. MARKETING OF SERVICES.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended by
adding at the end the following:
``(o) No Prohibition of Marketing of Services.--An applicant
receiving a grant under this section may use up to 10 percent of their
budget to market and advertise the services of such applicant to
individuals and small business concerns.''.
SEC. 4. DATA COLLECTION BY THE SMALL BUSINESS DEVELOPMENT CENTER
ASSOCIATION.
(a) In General.--Section 21(a)(3)(A) of the Small Business Act (15
U.S.C. 648(a)(3)(A)) is amended--
(1) by striking ``as provided in this section and'' and
inserting ``as provided in this section,''; and
(2) by inserting before the period at the end the
following: ``, and (iv) governing data collection activities
related to applicants receiving grants under this section''.
(b) Annual Report on Data Collection.--Section 21 of the Small
Business Act (15 U.S.C. 648), as amended by section 3 of this Act, is
further amended by adding at the end the following:
``(p) Annual Report on Data Collection.--The Administrator shall
annually submit to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report on any data collection
activities related to the Small Business Development Center Program.''.
(c) Working Group To Improve Data Collection.--
(1) Establishment and study.--The Administrator of the
Small Business Administration shall establish a group to be
known as the ``Data Collection Working Group'' consisting of
entrepreneurial development grant recipients, the associations
and organizations representing such recipients, and officials
from the Small Business Administration, to carry out a study to
determine the best methods for conducting data collection
activities and create or revise existing systems dedicated to
data collection.
(2) Report.--Not later than the end of the 180-day period
beginning on the date of the enactment of this Act, the Data
Collection Working Group shall issue a report to the Committee
on Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate
containing the findings and determinations made in carrying out
the study required under paragraph (1), including--
(A) recommendations for revising existing data
collection practices for the Small Business Development
Center Program; and
(B) a proposed plan for the Administrator of the
Small Business Administration to implement such
recommendations.
SEC. 5. FEES FROM PRIVATE PARTNERSHIPS AND COSPONSORSHIPS.
Section 21(a)(3) of the Small Business Act (15 U.S.C. 648(a)(3)) is
amended by adding at the end the following:
``(D) Fees from private partnerships and cosponsorships.--A
small business development center that participates in a
private partnership or cosponsorship, in which the
Administrator or designee of the Administrator also
participates, may collect fees or other income related to the
operation of such private partnership or cosponsorship.''.
SEC. 6. EQUITY FOR SMALL BUSINESS DEVELOPMENT CENTERS.
Subclause (I) of section 21(a)(4)(C)(v) of the Small Business Act
(15 U.S.C. 648(a)(4)(C)(v)(I)) is amended to read as follows:
``(I) In general.--Of the amounts made available in
any fiscal year to carry out this section, not more
than $600,000 may be used by the Administration to pay
expenses enumerated in subparagraphs (B) through (D) of
section 20(a)(1).''.
SEC. 7. CONFIDENTIALITY REQUIREMENTS.
Section 21(a)(7)(A) of the Small Business Act (15 U.S.C.
648(a)(7)(A)) is amended--
(1) by striking ``or telephone number'' and inserting ``,
telephone number, or email address''; and
(2) by inserting ``, or the nature or content of such
assistance, to any State, local, or Federal agency, or to any
third party'' after ``receiving assistance under this
section''.
SEC. 8. LIMITATION ON AWARD OF GRANTS TO SMALL BUSINESS DEVELOPMENT
CENTERS.
(a) In General.--Section 21 of the Small Business Act (15 U.S.C.
648), as amended by section 4, is further amended--
(1) in subsection (a)(1)--
(A) by striking ``any women's business center
operating pursuant to section 29,'';
(B) by striking ``or a women's business center
operating pursuant to section 29''; and
(C) by striking ``and women's business centers
operating pursuant to section 29''; and
(2) by adding at the end the following:
``(q) Limitation on Award of Grants.--Except for not-for-profit
institutions of higher education, and notwithstanding any other
provision of law, the Administrator may not award a grant or contract
to, or enter into a cooperative agreement with, an entity under this
section unless that entity--
``(1) received a grant or contract from, or entered into a
cooperative agreement with, the Administrator under this
section before the date of the enactment of this subsection;
and
``(2) seeks to renew such a grant, contract, or cooperative
agreement after such date.''.
(b) Rule of Construction.--The amendments made by this section may
not be construed as prohibiting a women's business center (as described
under section 29 of the Small Business Act) from receiving a subgrant
from an entity receiving a grant under section 21 of the Small Business
Act.
SEC. 9. MANAGEMENT OF PROGRAM ACTIVITIES.
Section 21(a)(3) of the Small Business Act (15 U.S.C. 648(a)(3)),
as amended by section 4, is further amended--
(1) in the matter preceding subparagraph (A), by striking
``upon, with full participation of both parties,'' and
inserting ``upon with the full participation of all parties
(including the association authorized in subparagraph (A)), and
carried out'';
(2) in subparagraph (A), by striking ``and develop'' and
inserting ``and negotiate the development of''; and
(3) in subparagraph (C)--
(A) by striking ``Whereas'';
(B) by inserting ``Program'' after ``Center'';
(C) by striking ``National'' and inserting
``national''; and
(D) by moving such subparagraph 2 ems to the left.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS FOR FORMULA GRANTS RECEIVED BY
STATES.
Section 21(a)(4)(C) of the Small Business Act (15 U.S.C.
648(a)(4)(C)) is amended--
(1) in clause (vii), by striking ``subparagraph'' and all
that follows through the period at the end and inserting
``subparagraph $175,000,000 for each of fiscal years 2022
through 2025.''; and
(2) in clause (viii), by striking ``shall reserve not less
than $1,000,000'' and inserting ``shall reserve not more than
$2,000,000''.
SEC. 11. REQUIREMENTS RELATING TO MATCHING FUNDS.
Section 21(a)(4)(A) of the Small Business Act (15 U.S.C.
648(a)(4)(A)) is amended by adding at the end the following new
sentence: ``Such matching funds shall be evidenced by good faith
assertions from the applicant, and the expenditure of matching funds
shall not be made a prerequisite of the reimbursement of Federal funds,
notwithstanding the final reconciliation payment for the close-out of
each award.''.
SEC. 12. CONTRACT PREREQUISITES.
Section 21(a)(5)(B) of the Small Business Act (15 U.S.C.
648(a)(5)(B)) is amended by striking the second sentence and inserting
the following: ``Each contract shall be deemed approved under
subparagraph (A) unless the Associate Administrator certifies in
writing within 15 business days after award of the contract that the
contract will not provide assistance to small business concerns and
that performance of the contract will hinder the small business
development center in carrying out the terms of the grant received by
the small business development center under this section.''.
SEC. 13. DUTIES OF THE ASSOCIATE ADMINISTRATOR FOR SMALL BUSINESS
DEVELOPMENT CENTERS.
Section 21(h)(2) of the Small Business Act (15 U.S.C. 648(h)(2)) is
amended by adding at the end the following new subparagraph:
``(C) Marketing.--The Associate Administrator for
Small Business Development Centers shall market and
advertise the Small Business Development Center Program
and participants in such Program as a resource
available to any Federal program providing assistance
to small business concerns, including the FAST program
established under section 34.''.
SEC. 14. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives April 26, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.