[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2185 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2185
To amend the Small Business Act to require an annual report on
entrepreneurial development programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2023
Mr. Cardin introduced the following bill; which was read twice and
referred to the Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
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 2023''.
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:
``(i) Annual Report on Entrepreneurial Development Programs.--
``(1) 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.
``(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.
``(2) 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 under each such covered
program.
``(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 total number and 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) to the extent practicable, the
demographics of participants in the Program,
which shall include the gender, race,
ethnicity, 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, and retained
with assistance from the Program;
``(vii) to the extent practicable, the
total amount of capital secured by participants
in the Program, including through loans and
equity investment from the Administration;
``(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 those
participants; and
``(xii) any recommendations by the
Administrator to improve the delivery of
services by the 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:
``(p) 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 the applicant to
individuals and small business concerns.''.
SEC. 4. DATA COLLECTION WORKING GROUP.
(a) Establishment of Working Group To Improve Data Collection.--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.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Data Collection Working Group shall issue a report to the
Committee on Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives containing
the findings and determinations made in carrying out the study required
under subsection (a), including--
(1) recommendations for revising existing data collection
practices for the Small Business Development Center Program
established under section 21 of the Small Business Act (15
U.S.C. 648); and
(2) a proposed plan for the Administrator of the Small
Business Administration to implement the recommendations
described in paragraph (1).
SEC. 5. OVERSIGHT; FEES FROM PRIVATE PARTNERSHIPS AND COSPONSORSHIPS;
NEGOTIATION.
Section 21(a)(3) of the Small Business Act (15 U.S.C. 648(a)(3)) is
amended--
(1) in the matter preceding subparagraph (A), by inserting
``, including financial oversight,'' after ``oversight'';
(2) by moving subparagraphs (A) and (B) 2 ems to the right;
(3) in subparagraph (C)--
(A) by striking ``Whereas'';
(B) by inserting ``Program'' after ``Center''; and
(C) by striking ``National'' and inserting
``national''; and
(4) by adding at the end the following:
``(D)(i) 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 in order to hold events related to the
private partnership or cosponsorship.
``(ii) Nothing in clause (i) shall be construed as
the Administration endorsing a private partnership or
cosponsorship described in clause (i).
``(E) An association formed under subparagraph (A)
shall, at the request of a small business development
center applicant or applicants, participate in the
negotiation of the cooperative agreement described in
this paragraph between the small business development
center applicant or applicants and the
Administration.''.
SEC. 6. EQUITY FOR SMALL BUSINESS DEVELOPMENT CENTERS.
Section 21(a)(4)(C)(v) of the Small Business Act (15 U.S.C.
648(a)(4)(C)(v)) is amended to read as follows:
``(v) Use of amounts.--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, in the matter preceding clause (i)--
(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 3 of this Act, is 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 as a Small Business
Development Center''; 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 nonprofit
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 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 described in
section 29 of the Small Business Act (15 U.S.C. 646) from receiving a
subgrant from an entity receiving a grant under section 21 of the Small
Business Act (15 U.S.C. 648).
SEC. 9. 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 2024
through 2027.''; and
(2) in clause (viii)--
(A) by striking ``shall reserve not less than
$1,000,000'' and inserting ``shall reserve not more
than $2,000,000''; and
(B) by striking ``$100,000'' and inserting
``$200,000.''
SEC. 10. 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: ``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. 11. 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:
``(C) Marketing.--The Associate Administrator for
Small Business Development Centers shall market and
advertise the Small Business Development Center Program
and participants in that Program as a resource
available to any Federal program providing assistance
to small business concerns, including the FAST program
established under section 34.''.
SEC. 12. 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.
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