Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	3,987	n/a	n/a
Reported in House	10,367	115	75%
Engrossed in House	20,660	148	63%
Placed on Calendar Senate	20,630	8	0%
Engrossed Amendment Senate	45,388	1,099	89%
Enrolled Bill	43,508	125 Show Changes Hide Changes	0%

Display Version Introduced in House Reported in House Engrossed in House Placed on Calendar Senate Engrossed Amendment Senate Enrolled Bill

Most commented sections:

• Paragraph 1,838 (2 comments)
• Paragraph 1,829 (1 comments)
• Paragraph 1,123 (1 comments)

HR 5297 EAS

In the Senate of the United States,

September 16, 2010.

Resolved, That the bill from the House of Representatives (H.R.5297CommentsClose CommentsPermalink

) entitled ‘An Act t One Hundred Eleventh Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

To create the Small Business Lending Fund Program to direct the Secretary of the Treasury to make capital investments in eligible institutions in order to increase the availability of credit for small businesses, to amend the Internal Revenue Code of 1986 to provide tax incentives for small business job creation, and for other purposes.CommentsClose CommentsPermalink

’, do pass with the following

AMENDMENT:

Strike all after the enacting clause and insert the following:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink

This Act may be cited as the ‘Small Business Jobs Act of 2010’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.CommentsClose CommentsPermalink

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink

TITLE I--SMALL BUSINESSES

Sec. 1001. Definitions.CommentsClose CommentsPermalink

Subtitle A--Small Business Access to Credit

Sec. 1101. Short title.CommentsClose CommentsPermalink

PART I--Next Steps for Main Street Credit Availability

Sec. 1111. Section 7(a) business loans.CommentsClose CommentsPermalink





Sec. 1112. Maximum loan amounts under 504 program.CommentsClose CommentsPermalink





Sec. 1113. Maximum loan limits under microloan program.CommentsClose CommentsPermalink





Sec. 1114. Loan guarantee enhancement extensions.CommentsClose CommentsPermalink





Sec. 1115. New Markets Venture Capital company investment limitations.CommentsClose CommentsPermalink





Sec. 1116. Alternative size standards.CommentsClose CommentsPermalink





Sec. 1117. Sale of 7(a) loans in secondary market.CommentsClose CommentsPermalink





Sec. 1118. Online lending platform.CommentsClose CommentsPermalink





Sec. 1119. SBA Secondary Market Guarantee Authority.CommentsClose CommentsPermalink

PART II--Small Business Access to Capital

Sec. 1122. Low-interest refinancing under the local development business loan program.CommentsClose CommentsPermalink

PART III--Other Matters

Sec. 1131. Small business intermediary lending pilot program.CommentsClose CommentsPermalink





Sec. 1132. Public policy goals.CommentsClose CommentsPermalink





Sec. 1133. Floor plan pilot program extension.CommentsClose CommentsPermalink





Sec. 1134. Guarantees for bonds and notes issued for community or economic development purposes.CommentsClose CommentsPermalink





Sec. 1135. Temporary express loan enhancement.CommentsClose CommentsPermalink





Sec. 1136. Prohibition on using TARP funds or tax increases.CommentsClose CommentsPermalink

Subtitle B--Small Business Trade and Exporting

Sec. 1201. Short title.CommentsClose CommentsPermalink





Sec. 1202. Definitions.CommentsClose CommentsPermalink





Sec. 1203. Office of International Trade.CommentsClose CommentsPermalink





Sec. 1204. Duties of the Office of International Trade.CommentsClose CommentsPermalink





Sec. 1205. Export assistance centers.CommentsClose CommentsPermalink





Sec. 1206. International trade finance programs.CommentsClose CommentsPermalink





Sec. 1207. State Trade and Export Promotion Grant Program.CommentsClose CommentsPermalink





Sec. 1208. Rural export promotion.CommentsClose CommentsPermalink





Sec. 1209. International trade cooperation by small business development centers.CommentsClose CommentsPermalink

Subtitle C--Small Business Contracting

PART I--Contract Bundling

Sec. 1311. Small Business Act.CommentsClose CommentsPermalink





Sec. 1312. Leadership and oversight.CommentsClose CommentsPermalink





Sec. 1313. Consolidation of contract requirements.CommentsClose CommentsPermalink





Sec. 1314. Small business teams pilot program.CommentsClose CommentsPermalink

PART II--Subcontracting Integrity

Sec. 1321. Subcontracting misrepresentations.CommentsClose CommentsPermalink





Sec. 1322. Small business subcontracting improvements.CommentsClose CommentsPermalink

PART III--Acquisition Process

Sec. 1331. Reservation of prime contract awards for small businesses.CommentsClose CommentsPermalink





Sec. 1332. Micro-purchase guidelines.CommentsClose CommentsPermalink





Sec. 1333. Agency accountability.CommentsClose CommentsPermalink





Sec. 1334. Payment of subcontractors.CommentsClose CommentsPermalink





Sec. 1335. Repeal of Small Business Competitiveness Demonstration Program.CommentsClose CommentsPermalink

PART IV--Small Business Size and Status Integrity

Sec. 1341. Policy and presumptions.CommentsClose CommentsPermalink





Sec. 1342. Annual certification.CommentsClose CommentsPermalink





Sec. 1343. Training for contracting and enforcement personnel.CommentsClose CommentsPermalink





Sec. 1344. Updated size standards.CommentsClose CommentsPermalink





Sec. 1345. Study and report on the mentor-protege program.CommentsClose CommentsPermalink





Sec. 1346. Contracting goals reports.CommentsClose CommentsPermalink





Sec. 1347. Small business contracting parity.CommentsClose CommentsPermalink

Subtitle D--Small Business Management and Counseling Assistance

Sec. 1401. Matching requirements under small business programs.CommentsClose CommentsPermalink





Sec. 1402. Grants for SBDCs.CommentsClose CommentsPermalink

Subtitle E--Disaster Loan Improvement

Sec. 1501. Aquaculture business disaster assistance.CommentsClose CommentsPermalink

Subtitle F--Small Business Regulatory Relief

Sec. 1601. Requirements providing for more detailed analyses.CommentsClose CommentsPermalink





Sec. 1602. Office of advocacy.CommentsClose CommentsPermalink

Subtitle G--Appropriations Provisions

Sec. 1701. Salaries and expenses.CommentsClose CommentsPermalink





Sec. 1702. Business loans program account.CommentsClose CommentsPermalink





Sec. 1703. Community Development Financial Institutions Fund program account.CommentsClose CommentsPermalink





Sec. 1704. Small business loan guarantee enhancement extensions.CommentsClose CommentsPermalink

TITLE II--TAX PROVISIONS

Sec. 2001. Short title.CommentsClose CommentsPermalink

Subtitle A--Small Business Relief

PART I--Providing Access to Capital

Sec. 2011. Temporary exclusion of 100 percent of gain on certain small business stock.CommentsClose CommentsPermalink





Sec. 2012. General business credits of eligible small businesses for 2010 carried back 5 years.CommentsClose CommentsPermalink





Sec. 2013. General business credits of eligible small businesses in 2010 not subject to alternative minimum tax.CommentsClose CommentsPermalink





Sec. 2014. Temporary reduction in recognition period for built-in gains tax.CommentsClose CommentsPermalink

PART II--Encouraging Investment

Sec. 2021. Increased expensing limitations for 2010 and 2011; certain real property treated as section 179 property.CommentsClose CommentsPermalink





Sec. 2022. Additional first-year depreciation for 50 percent of the basis of certain qualified property.CommentsClose CommentsPermalink





Sec. 2023. Special rule for long-term contract accounting.CommentsClose CommentsPermalink

PART III--Promoting Entrepreneurship

Sec. 2031. Increase in amount allowed as deduction for start-up expenditures in 2010.CommentsClose CommentsPermalink





Sec. 2032. Authorization of appropriations for the United States Trade Representative to develop market access opportunities for United States small- and medium-sized businesses and to enforce trade agreements.CommentsClose CommentsPermalink

PART IV--Promoting Small Business Fairness

Sec. 2041. Limitation on penalty for failure to disclose reportable transactions based on resulting tax benefits.CommentsClose CommentsPermalink





Sec. 2042. Deduction for health insurance costs in computing self-employment taxes in 2010.CommentsClose CommentsPermalink





Sec. 2043. Removal of cellular telephones and similar telecommunications equipment from listed property.CommentsClose CommentsPermalink

Subtitle B--Revenue Provisions

PART I--Reducing the Tax Gap

Sec. 2101. Information reporting for rental property expense payments.CommentsClose CommentsPermalink





Sec. 2102. Increase in information return penalties.CommentsClose CommentsPermalink





Sec. 2103. Report on tax shelter penalties and certain other enforcement actions.CommentsClose CommentsPermalink





Sec. 2104. Application of continuous levy to tax liabilities of certain Federal contractors.CommentsClose CommentsPermalink

PART II--Promoting Retirement Preparation

Sec. 2111. Participants in government section 457 plans allowed to treat elective deferrals as Roth contributions.CommentsClose CommentsPermalink





Sec. 2112. Rollovers from elective deferral plans to designated Roth accounts.CommentsClose CommentsPermalink





Sec. 2113. Special rules for annuities received from only a portion of a contract.CommentsClose CommentsPermalink

PART III--Closing Unintended Loopholes

Sec. 2121. Crude tall oil ineligible for cellulosic biofuel producer credit.CommentsClose CommentsPermalink





Sec. 2122. Source rules for income on guarantees.CommentsClose CommentsPermalink

PART IV--Time for Payment of Corporate Estimated Taxes

Sec. 2131. Time for payment of corporate estimated taxes.CommentsClose CommentsPermalink

TITLE III--STATE SMALL BUSINESS CREDIT INITIATIVE

Sec. 3001. Short title.CommentsClose CommentsPermalink





Sec. 3002. Definitions.CommentsClose CommentsPermalink





Sec. 3003. Federal funds allocated to States.CommentsClose CommentsPermalink





Sec. 3004. Approving States for participation.CommentsClose CommentsPermalink





Sec. 3005. Approving State capital access programs.CommentsClose CommentsPermalink





Sec. 3006. Approving collateral support and other innovative credit access and guarantee initiatives for small businesses and manufacturers.CommentsClose CommentsPermalink





Sec. 3007. Reports.CommentsClose CommentsPermalink





Sec. 3008. Remedies for State program termination or failures.CommentsClose CommentsPermalink





Sec. 3009. Implementation and administration.CommentsClose CommentsPermalink





Sec. 3010. Regulations.CommentsClose CommentsPermalink





Sec. 3011. Oversight and audits.CommentsClose CommentsPermalink

TITLE IV--ADDITIONAL SMALL BUSINESS PROVISIONS

Subtitle A--Small Business Lending Fund

Sec. 4101. Purpose.CommentsClose CommentsPermalink





Sec. 4102. Definitions.CommentsClose CommentsPermalink





Sec. 4103. Small business lending fund.CommentsClose CommentsPermalink





Sec. 4104. Additional authorities of the Secretary.CommentsClose CommentsPermalink





Sec. 4105. Considerations.CommentsClose CommentsPermalink





Sec. 4106. Reports.CommentsClose CommentsPermalink





Sec. 4107. Oversight and audits.CommentsClose CommentsPermalink





Sec. 4108. Credit reform; funding.CommentsClose CommentsPermalink





Sec. 4109. Termination and continuation of authorities.CommentsClose CommentsPermalink





Sec. 4110. Preservation of authority.CommentsClose CommentsPermalink





Sec. 4111. Assurances.CommentsClose CommentsPermalink





Sec. 4112. Study and report with respect to women-owned, veteran-owned, and minority-owned businesses.CommentsClose CommentsPermalink





Sec. 4113. Sense of Congress.CommentsClose CommentsPermalink

Subtitle B--Other Provisions

PART I--Small Business Export Promotion Initiatives

Sec. 4221. Short title.CommentsClose CommentsPermalink





Sec. 4222. Global business development and promotion activities of the Department of Commerce.CommentsClose CommentsPermalink





Sec. 4223. Additional funding to improve access to global markets for rural businesses.CommentsClose CommentsPermalink





Sec. 4224. Additional funding for the ExporTech program.CommentsClose CommentsPermalink





Sec. 4225. Additional funding for the market development cooperator program of the Department of Commerce.CommentsClose CommentsPermalink





Sec. 4226. Hollings Manufacturing Partnership Program; Technology Innovation Program.CommentsClose CommentsPermalink





Sec. 4227. Sense of the Senate concerning Federal collaboration with States on export promotion issues.CommentsClose CommentsPermalink





Sec. 4228. Report on tariff and nontariff barriers.CommentsClose CommentsPermalink

PART II--Medicare Fraud

Sec. 4241. Use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse in the Medicare fee-for-service program.CommentsClose CommentsPermalink

TITLE V--BUDGETARY PROVISIONS

Sec. 5001. Determination of budgetary effects.CommentsClose CommentsPermalink

TITLE I--SMALL BUSINESSESCommentsClose CommentsPermalink

SEC. 1001. DEFINITIONS.CommentsClose CommentsPermalink

In this title--CommentsClose CommentsPermalink





(1) the terms ‘Administration’ and ‘Administrator’ mean the Small Business Administration and the Administrator thereof, respectively; andCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

Subtitle A--Small Business Access to CreditCommentsClose CommentsPermalink

SEC. 1101. SHORT TITLE.CommentsClose CommentsPermalink

This subtitle may be cited as the ‘Small Business Job Creation and Access to Capital Act of 2010’.CommentsClose CommentsPermalink

PART I--NEXT STEPS FOR MAIN STREET CREDIT AVAILABILITY

SEC. 1111. SECTION 7(a) BUSINESS LOANS.CommentsClose CommentsPermalink

(a) Amendment- Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)(A)--CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘75 percent’ and inserting ‘90 percent’; andCommentsClose CommentsPermalink





(B) in clause (ii), by striking ‘85 percent’ and inserting ‘90 percent’; andCommentsClose CommentsPermalink





(2) in paragraph (3)(A), by striking ‘$1,500,000 (or if the gross loan amount would exceed $2,000,000’ and inserting ‘$4,500,000 (or if the gross loan amount would exceed $5,000,000’.CommentsClose CommentsPermalink





(b) Prospective Repeal- Effective January 1, 2011, section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)(A)--CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘90 percent’ and inserting ‘75 percent’; andCommentsClose CommentsPermalink





(B) in clause (ii), by striking ‘90 percent’ and inserting ‘85 percent’; andCommentsClose CommentsPermalink





(2) in paragraph (3)(A), by striking ‘$4,500,000’ and inserting ‘$3,750,000’.CommentsClose CommentsPermalink

SEC. 1112. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM.CommentsClose CommentsPermalink

Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended--CommentsClose CommentsPermalink





(1) in clause (i), by striking ‘$1,500,000’ and inserting ‘$5,000,000’;CommentsClose CommentsPermalink





(2) in clause (ii), by striking ‘$2,000,000’ and inserting ‘$5,000,000’;CommentsClose CommentsPermalink





(3) in clause (iii), by striking ‘$4,000,000’ and inserting ‘$5,500,000’;CommentsClose CommentsPermalink





(4) in clause (iv), by striking ‘$4,000,000’ and inserting ‘$5,500,000’; andCommentsClose CommentsPermalink





(5) in clause (v), by striking ‘$4,000,000’ and inserting ‘$5,500,000’.CommentsClose CommentsPermalink

SEC. 1113. MAXIMUM LOAN LIMITS UNDER MICROLOAN PROGRAM.CommentsClose CommentsPermalink

Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)(B)(iii), by striking ‘$35,000’ and inserting ‘$50,000’;CommentsClose CommentsPermalink





(2) in paragraph (3)--CommentsClose CommentsPermalink





(A) in subparagraph (C), by striking ‘$3,500,000’ and inserting ‘$5,000,000’; andCommentsClose CommentsPermalink





(B) in subparagraph (E), by striking ‘$35,000’ each place that term appears and inserting ‘$50,000’; andCommentsClose CommentsPermalink





(3) in paragraph (11)(B), by striking ‘$35,000’ and inserting ‘$50,000’.CommentsClose CommentsPermalink

SEC. 1114. LOAN GUARANTEE ENHANCEMENT EXTENSIONS.CommentsClose CommentsPermalink

(a) Fees- Section 501 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 151) is amended by striking ‘September 30, 2010’ each place that term appears and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(b) Loan Guarantees- Section 502(f) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 153) is amended by striking ‘May 31, 2010’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink

SEC. 1115. NEW MARKETS VENTURE CAPITAL COMPANY INVESTMENT LIMITATIONS.CommentsClose CommentsPermalink

Section 355 of the Small Business Investment Act of 1958 (15 U.S.C. 689d) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Investment Limitations-CommentsClose CommentsPermalink





‘(1) DEFINITION- In this subsection, the term ‘covered New Markets Venture Capital company’ means a New Markets Venture Capital company--CommentsClose CommentsPermalink





‘(A) granted final approval by the Administrator under section 354(e) on or after March 1, 2002; andCommentsClose CommentsPermalink





‘(B) that has obtained a financing from the Administrator.CommentsClose CommentsPermalink





‘(2) LIMITATION- Except to the extent approved by the Administrator, a covered New Markets Venture Capital company may not acquire or issue commitments for securities under this title for any single enterprise in an aggregate amount equal to more than 10 percent of the sum of--CommentsClose CommentsPermalink





‘(A) the regulatory capital of the covered New Markets Venture Capital company; andCommentsClose CommentsPermalink





‘(B) the total amount of leverage projected in the participation agreement of the covered New Markets Venture Capital.’.CommentsClose CommentsPermalink

SEC. 1116. ALTERNATIVE SIZE STANDARDS.CommentsClose CommentsPermalink

Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) Alternative Size Standard-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Administrator shall establish an alternative size standard for applicants for business loans under section 7(a) and applicants for development company loans under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), that uses maximum tangible net worth and average net income as an alternative to the use of industry standards.CommentsClose CommentsPermalink





‘(B) INTERIM RULE- Until the date on which the alternative size standard established under subparagraph (A) is in effect, an applicant for a business loan under section 7(a) or an applicant for a development company loan under title V of the Small Business Investment Act of 1958 may be eligible for such a loan if--CommentsClose CommentsPermalink





‘(i) the maximum tangible net worth of the applicant is not more than $15,000,000; andCommentsClose CommentsPermalink





‘(ii) the average net income after Federal income taxes (excluding any carry-over losses) of the applicant for the 2 full fiscal years before the date of the application is not more than $5,000,000.’.CommentsClose CommentsPermalink

SEC. 1117. SALE OF 7(a) LOANS IN SECONDARY MARKET.CommentsClose CommentsPermalink

Section 5(g) of the Small Business Act (15 U.S.C. 634(g)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(6) If the amount of the guaranteed portion of any loan under section 7(a) is more than $500,000, the Administrator shall, upon request of a pool assembler, divide the loan guarantee into increments of $500,000 and 1 increment of any remaining amount less than $500,000, in order to permit the maximum amount of any loan in a pool to be not more than $500,000. Only 1 increment of any loan guarantee divided under this paragraph may be included in the same pool. Increments of loan guarantees to different borrowers that are divided under this paragraph may be included in the same pool.’.CommentsClose CommentsPermalink

SEC. 1118. ONLINE LENDING PLATFORM.CommentsClose CommentsPermalink

It is the sense of Congress that the Administrator of the Small Business Administration should establish a website that--CommentsClose CommentsPermalink





(1) lists each lender that makes loans guaranteed by the Small Business Administration and provides information about the loan rates of each such lender; andCommentsClose CommentsPermalink





(2) allows prospective borrowers to compare rates on loans guaranteed by the Small Business Administration.CommentsClose CommentsPermalink

SEC. 1119. SBA SECONDARY MARKET GUARANTEE AUTHORITY.CommentsClose CommentsPermalink

Section 503(f) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 155) is amended by striking ‘on the date 2 years after the date of enactment of this section’ and inserting ‘2 years after the date of the first sale of a pool of first lien position 504 loans guaranteed under this section to a third-party investor’.CommentsClose CommentsPermalink

PART II--SMALL BUSINESS ACCESS TO CAPITAL

SEC. 1122. LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM.CommentsClose CommentsPermalink

(a) Refinancing- Section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C. 696(7)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(C) REFINANCING NOT INVOLVING EXPANSIONS-CommentsClose CommentsPermalink





‘(i) DEFINITIONS- In this subparagraph--CommentsClose CommentsPermalink





‘(I) the term ‘borrower’ means a small business concern that submits an application to a development company for financing under this subparagraph;CommentsClose CommentsPermalink





‘(II) the term ‘eligible fixed asset’ means tangible property relating to which the Administrator may provide financing under this section; andCommentsClose CommentsPermalink





‘(III) the term ‘qualified debt’ means indebtedness--CommentsClose CommentsPermalink

‘(aa) that--CommentsClose CommentsPermalink

‘(AA) was incurred not less than 2 years before the date of the application for assistance under this subparagraph;CommentsClose CommentsPermalink

‘(BB) is a commercial loan;CommentsClose CommentsPermalink

‘(CC) is not subject to a guarantee by a Federal agency;CommentsClose CommentsPermalink

‘(DD) the proceeds of which were used to acquire an eligible fixed asset;CommentsClose CommentsPermalink

‘(EE) was incurred for the benefit of the small business concern; andCommentsClose CommentsPermalink

‘(FF) is collateralized by eligible fixed assets; andCommentsClose CommentsPermalink

‘(bb) for which the borrower has been current on all payments for not less than 1 year before the date of the application.CommentsClose CommentsPermalink

‘(ii) AUTHORITY- A project that does not involve the expansion of a small business concern may include the refinancing of qualified debt if--CommentsClose CommentsPermalink





‘(I) the amount of the financing is not more than 90 percent of the value of the collateral for the financing, except that, if the appraised value of the eligible fixed assets serving as collateral for the financing is less than the amount equal to 125 percent of the amount of the financing, the borrower may provide additional cash or other collateral to eliminate any deficiency;CommentsClose CommentsPermalink





‘(II) the borrower has been in operation for all of the 2-year period ending on the date of the loan; andCommentsClose CommentsPermalink





‘(III) for a financing for which the Administrator determines there will be an additional cost attributable to the refinancing of the qualified debt, the borrower agrees to pay a fee in an amount equal to the anticipated additional cost.CommentsClose CommentsPermalink





‘(iii) FINANCING FOR BUSINESS EXPENSES-CommentsClose CommentsPermalink





‘(I) FINANCING FOR BUSINESS EXPENSES- The Administrator may provide financing to a borrower that receives financing that includes a refinancing of qualified debt under clause (ii), in addition to the refinancing under clause (ii), to be used solely for the payment of business expenses.CommentsClose CommentsPermalink





‘(II) APPLICATION FOR FINANCING- An application for financing under subclause (I) shall include--CommentsClose CommentsPermalink

‘(aa) a specific description of the expenses for which the additional financing is requested; andCommentsClose CommentsPermalink

‘(bb) an itemization of the amount of each expense.CommentsClose CommentsPermalink

‘(III) CONDITION ON ADDITIONAL FINANCING- A borrower may not use any part of the financing under this clause for non-business purposes.CommentsClose CommentsPermalink





‘(iv) LOANS BASED ON JOBS-CommentsClose CommentsPermalink





‘(I) JOB CREATION AND RETENTION GOALS-CommentsClose CommentsPermalink

‘(aa) IN GENERAL- The Administrator may provide financing under this subparagraph for a borrower that meets the job creation goals under subsection (d) or (e) of section 501.CommentsClose CommentsPermalink

‘(bb) ALTERNATE JOB RETENTION GOAL- The Administrator may provide financing under this subparagraph to a borrower that does not meet the goals described in item (aa) in an amount that is not more than the product obtained by multiplying the number of employees of the borrower by $65,000.CommentsClose CommentsPermalink

‘(II) NUMBER OF EMPLOYEES- For purposes of subclause (I), the number of employees of a borrower is equal to the sum of--CommentsClose CommentsPermalink

‘(aa) the number of full-time employees of the borrower on the date on which the borrower applies for a loan under this subparagraph; andCommentsClose CommentsPermalink

‘(bb) the product obtained by multiplying--CommentsClose CommentsPermalink

‘(AA) the number of part-time employees of the borrower on the date on which the borrower applies for a loan under this subparagraph; byCommentsClose CommentsPermalink

‘(BB) the quotient obtained by dividing the average number of hours each part time employee of the borrower works each week by 40.CommentsClose CommentsPermalink

‘(v) NONDELEGATION- Notwithstanding section 508(e), the Administrator may not permit a premier certified lender to approve or disapprove an application for assistance under this subparagraph.CommentsClose CommentsPermalink





‘(vi) TOTAL AMOUNT OF LOANS- The Administrator may provide not more than a total of $7,500,000,000 of financing under this subparagraph for each fiscal year.’.CommentsClose CommentsPermalink





(b) Prospective Repeal- Effective 2 years after the date of enactment of this Act, section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C. 696(7)) is amended by striking subparagraph (C).CommentsClose CommentsPermalink





(c) Technical Correction- Section 502(2)(A)(i) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)(i)) is amended by striking ‘subparagraph (B) or (C)’ and inserting ‘clause (ii), (iii), (iv), or (v)’.CommentsClose CommentsPermalink

PART III--OTHER MATTERS

SEC. 1131. SMALL BUSINESS INTERMEDIARY LENDING PILOT PROGRAM.CommentsClose CommentsPermalink

(a) In General- Section 7 of the Small Business Act (15 U.S.C. 636) is amended by striking subsection (l) and inserting the following:CommentsClose CommentsPermalink





‘(l) Small Business Intermediary Lending Pilot Program-CommentsClose CommentsPermalink





‘(1) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink





‘(A) the term ‘eligible intermediary’--CommentsClose CommentsPermalink





‘(i) means a private, nonprofit entity that--CommentsClose CommentsPermalink





‘(I) seeks or has been awarded a loan from the Administrator to make loans to small business concerns under this subsection; andCommentsClose CommentsPermalink





‘(II) has not less than 1 year of experience making loans to startup, newly established, or growing small business concerns; andCommentsClose CommentsPermalink





‘(ii) includes--CommentsClose CommentsPermalink





‘(I) a private, nonprofit community development corporation;CommentsClose CommentsPermalink





‘(II) a consortium of private, nonprofit organizations or nonprofit community development corporations; andCommentsClose CommentsPermalink





‘(III) an agency of or nonprofit entity established by a Native American Tribal Government; andCommentsClose CommentsPermalink





‘(B) the term ‘Program’ means the small business intermediary lending pilot program established under paragraph (2).CommentsClose CommentsPermalink





‘(2) ESTABLISHMENT- There is established a 3-year small business intermediary lending pilot program, under which the Administrator may make direct loans to eligible intermediaries, for the purpose of making loans to startup, newly established, and growing small business concerns.CommentsClose CommentsPermalink





‘(3) PURPOSES- The purposes of the Program are--CommentsClose CommentsPermalink





‘(A) to assist small business concerns in areas suffering from a lack of credit due to poor economic conditions or changes in the financial market; andCommentsClose CommentsPermalink





‘(B) to establish a loan program under which the Administrator may provide loans to eligible intermediaries to enable the eligible intermediaries to provide loans to startup, newly established, and growing small business concerns for working capital, real estate, or the acquisition of materials, supplies, or equipment.CommentsClose CommentsPermalink





‘(4) LOANS TO ELIGIBLE INTERMEDIARIES-CommentsClose CommentsPermalink





‘(A) APPLICATION- Each eligible intermediary desiring a loan under this subsection shall submit an application to the Administrator that describes--CommentsClose CommentsPermalink





‘(i) the type of small business concerns to be assisted;CommentsClose CommentsPermalink





‘(ii) the size and range of loans to be made;CommentsClose CommentsPermalink





‘(iii) the interest rate and terms of loans to be made;CommentsClose CommentsPermalink





‘(iv) the geographic area to be served and the economic, poverty, and unemployment characteristics of the area;CommentsClose CommentsPermalink





‘(v) the status of small business concerns in the area to be served and an analysis of the availability of credit; andCommentsClose CommentsPermalink





‘(vi) the qualifications of the applicant to carry out this subsection.CommentsClose CommentsPermalink





‘(B) LOAN LIMITS- No loan may be made to an eligible intermediary under this subsection if the total amount outstanding and committed to the eligible intermediary by the Administrator would, as a result of such loan, exceed $1,000,000 during the participation of the eligible intermediary in the Program.CommentsClose CommentsPermalink





‘(C) LOAN DURATION- Loans made by the Administrator under this subsection shall be for a term of 20 years.CommentsClose CommentsPermalink





‘(D) APPLICABLE INTEREST RATES- Loans made by the Administrator to an eligible intermediary under the Program shall bear an annual interest rate equal to 1.00 percent.CommentsClose CommentsPermalink





‘(E) FEES; COLLATERAL- The Administrator may not charge any fees or require collateral with respect to any loan made to an eligible intermediary under this subsection.CommentsClose CommentsPermalink





‘(F) DELAYED PAYMENTS- The Administrator shall not require the repayment of principal or interest on a loan made to an eligible intermediary under the Program during the 2-year period beginning on the date of the initial disbursement of funds under that loan.CommentsClose CommentsPermalink





‘(G) MAXIMUM PARTICIPANTS AND AMOUNTS- During each of fiscal years 2011, 2012, and 2013, the Administrator may make loans under the Program--CommentsClose CommentsPermalink





‘(i) to not more than 20 eligible intermediaries; andCommentsClose CommentsPermalink





‘(ii) in a total amount of not more than $20,000,000.CommentsClose CommentsPermalink





‘(5) LOANS TO SMALL BUSINESS CONCERNS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Administrator, through an eligible intermediary, shall make loans to startup, newly established, and growing small business concerns for working capital, real estate, and the acquisition of materials, supplies, furniture, fixtures, and equipment.CommentsClose CommentsPermalink





‘(B) MAXIMUM LOAN- An eligible intermediary may not make a loan under this subsection of more than $200,000 to any 1 small business concern.CommentsClose CommentsPermalink





‘(C) APPLICABLE INTEREST RATES- A loan made by an eligible intermediary to a small business concern under this subsection, may have a fixed or a variable interest rate, and shall bear an interest rate specified by the eligible intermediary in the application of the eligible intermediary for a loan under this subsection.CommentsClose CommentsPermalink





‘(D) REVIEW RESTRICTIONS- The Administrator may not review individual loans made by an eligible intermediary to a small business concern before approval of the loan by the eligible intermediary.CommentsClose CommentsPermalink





‘(6) TERMINATION- The authority of the Administrator to make loans under the Program shall terminate 3 years after the date of enactment of the Small Business Job Creation and Access to Capital Act of 2010.’.CommentsClose CommentsPermalink





(b) Rulemaking Authority- Not later than 180 days after the date of enactment of this Act, the Administrator shall issue regulations to carry out section 7(l) of the Small Business Act, as amended by subsection (a).CommentsClose CommentsPermalink





(c) Availability of Funds- Any amounts provided to the Administrator for the purposes of carrying out section 7(l) of the Small Business Act, as amended by subsection (a), shall remain available until expended.CommentsClose CommentsPermalink

SEC. 1132. PUBLIC POLICY GOALS.CommentsClose CommentsPermalink

Section 501(d)(3) of the Small Business Investment Act of 1958 (15 U.S.C. 695(d)(3)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (J), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(2) in subparagraph (K), by striking the period at the end and inserting ‘, or’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(L) reduction of rates of unemployment in labor surplus areas, as such areas are determined by the Secretary of Labor.’.CommentsClose CommentsPermalink

SEC. 1133. FLOOR PLAN PILOT PROGRAM EXTENSION.CommentsClose CommentsPermalink

(a) In General- Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (32), relating to increased veteran participation, as added by section 208 of the Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 (Public Law 110-186; 122 Stat. 631), as paragraph (33); andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(34) FLOOR PLAN FINANCING PROGRAM-CommentsClose CommentsPermalink





‘(A) DEFINITION- In this paragraph, the term ‘eligible retail good’--CommentsClose CommentsPermalink





‘(i) means a good for which a title may be obtained under State law; andCommentsClose CommentsPermalink





‘(ii) includes an automobile, recreational vehicle, boat, and manufactured home.CommentsClose CommentsPermalink





‘(B) PROGRAM- The Administrator may guarantee the timely payment of an open-end extension of credit to a small business concern, the proceeds of which may be used for the purchase of eligible retail goods for resale.CommentsClose CommentsPermalink





‘(C) AMOUNT- An open-end extension of credit guaranteed under this paragraph shall be in an amount not less than $500,000 and not more than $5,000,000.CommentsClose CommentsPermalink





‘(D) TERM- An open-end extension of credit guaranteed under this paragraph shall have a term of not more than 5 years.CommentsClose CommentsPermalink





‘(E) GUARANTEE PERCENTAGE- The Administrator may guarantee--CommentsClose CommentsPermalink





‘(i) not less than 60 percent of an open-end extension of credit under this paragraph; andCommentsClose CommentsPermalink





‘(ii) not more than 75 percent of an open-end extension of credit under this paragraph.CommentsClose CommentsPermalink





‘(F) ADVANCE RATE- The lender for an open-end extension of credit guaranteed under this paragraph may allow the borrower to draw funds on the line of credit in an amount equal to not more than 100 percent of the value of the eligible retail goods to be purchased.’.CommentsClose CommentsPermalink





(b) Sunset- Effective September 30, 2013, section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (34); andCommentsClose CommentsPermalink





(2) by redesignating paragraph (35), as added by section 1206 of this Act, as paragraph (34).CommentsClose CommentsPermalink

SEC. 1134. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR ECONOMIC DEVELOPMENT PURPOSES.CommentsClose CommentsPermalink

The Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.) is amended by inserting after section 114 (12 U.S.C. 4713) the following:CommentsClose CommentsPermalink

‘SEC. 114A. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR ECONOMIC DEVELOPMENT PURPOSES.CommentsClose CommentsPermalink

‘(a) Definitions- In this section, the following definitions shall apply:CommentsClose CommentsPermalink





‘(1) ELIGIBLE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION- The term ‘eligible community development financial institution’ means a community development financial institution (as described in section 1805.201 of title 12, Code of Federal Regulations, or any successor thereto) certified by the Secretary that has applied to a qualified issuer for, or been granted by a qualified issuer, a loan under the Program.CommentsClose CommentsPermalink





‘(2) ELIGIBLE COMMUNITY OR ECONOMIC DEVELOPMENT PURPOSE- The term ‘eligible community or economic development purpose’--CommentsClose CommentsPermalink





‘(A) means any purpose described in section 108(b); andCommentsClose CommentsPermalink





‘(B) includes the provision of community or economic development in low-income or underserved rural areas.CommentsClose CommentsPermalink





‘(3) GUARANTEE- The term ‘guarantee’ means a written agreement between the Secretary and a qualified issuer (or trustee), pursuant to which the Secretary ensures repayment of the verifiable losses of principal, interest, and call premium, if any, on notes or bonds issued by a qualified issuer to finance or refinance loans to eligible community development financial institutions.CommentsClose CommentsPermalink





‘(4) LOAN- The term ‘loan’ means any credit instrument that is extended under the Program for any eligible community or economic development purpose.CommentsClose CommentsPermalink





‘(5) MASTER SERVICER-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘master servicer’ means any entity approved by the Secretary in accordance with subparagraph (B) to oversee the activities of servicers, as provided in subsection (f)(4).CommentsClose CommentsPermalink





‘(B) APPROVAL CRITERIA FOR MASTER SERVICERS- The Secretary shall approve or deny any application to become a master servicer under the Program not later than 90 days after the date on which all required information is submitted to the Secretary, based on the capacity and experience of the applicant in--CommentsClose CommentsPermalink





‘(i) loan administration, servicing, and loan monitoring;CommentsClose CommentsPermalink





‘(ii) managing regional or national loan intake, processing, or servicing operational systems and infrastructure;CommentsClose CommentsPermalink





‘(iii) managing regional or national originator communication systems and infrastructure;CommentsClose CommentsPermalink





‘(iv) developing and implementing training and other risk management strategies on a regional or national basis; andCommentsClose CommentsPermalink





‘(v) compliance monitoring, investor relations, and reporting.CommentsClose CommentsPermalink





‘(6) PROGRAM- The term ‘Program’ means the guarantee Program for bonds and notes issued for eligible community or economic development purposes established under this section.CommentsClose CommentsPermalink





‘(7) PROGRAM ADMINISTRATOR- The term ‘Program administrator’ means an entity designated by the issuer to perform administrative duties, as provided in subsection (f)(2).CommentsClose CommentsPermalink





‘(8) QUALIFIED ISSUER-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘qualified issuer’ means a community development financial institution (or any entity designated to issue notes or bonds on behalf of such community development financial institution) that meets the qualification requirements of this paragraph.CommentsClose CommentsPermalink





‘(B) APPROVAL CRITERIA FOR QUALIFIED ISSUERS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary shall approve a qualified issuer for a guarantee under the Program in accordance with the requirements of this paragraph, and such additional requirements as the Secretary may establish, by regulation.CommentsClose CommentsPermalink





‘(ii) TERMS AND QUALIFICATIONS- A qualified issuer shall--CommentsClose CommentsPermalink





‘(I) have appropriate expertise, capacity, and experience, or otherwise be qualified to make loans for eligible community or economic development purposes;CommentsClose CommentsPermalink





‘(II) provide to the Secretary--CommentsClose CommentsPermalink

‘(aa) an acceptable statement of the proposed sources and uses of the funds; andCommentsClose CommentsPermalink

‘(bb) a capital distribution plan that meets the requirements of subsection (c)(1); andCommentsClose CommentsPermalink

‘(III) certify to the Secretary that the bonds or notes to be guaranteed are to be used for eligible community or economic development purposes.CommentsClose CommentsPermalink





‘(C) DEPARTMENT OPINION; TIMING-CommentsClose CommentsPermalink





‘(i) DEPARTMENT OPINION- Not later than 30 days after the date of a request by a qualified issuer for approval of a guarantee under the Program, the Secretary shall provide an opinion regarding compliance by the issuer with the requirements of the Program under this section.CommentsClose CommentsPermalink





‘(ii) TIMING- The Secretary shall approve or deny a guarantee under this section after consideration of the opinion provided to the Secretary under clause (i), and in no case later than 90 days after receipt of all required information by the Secretary with respect to a request for such guarantee.CommentsClose CommentsPermalink





‘(9) SECRETARY- The term ‘Secretary’ means the Secretary of the Treasury.CommentsClose CommentsPermalink





‘(10) SERVICER- The term ‘servicer’ means an entity designated by the issuer to perform various servicing duties, as provided in subsection (f)(3).CommentsClose CommentsPermalink





‘(b) Guarantees Authorized- The Secretary shall guarantee payments on bonds or notes issued by any qualified issuer, if the proceeds of the bonds or notes are used in accordance with this section to make loans to eligible community development financial institutions--CommentsClose CommentsPermalink





‘(1) for eligible community or economic development purposes; orCommentsClose CommentsPermalink





‘(2) to refinance loans or notes issued for such purposes.CommentsClose CommentsPermalink





‘(c) General Program Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A capital distribution plan meets the requirements of this subsection, if not less than 90 percent of the principal amount of guaranteed bonds or notes (other than costs of issuance fees) are used to make loans for any eligible community or economic development purpose, measured annually, beginning at the end of the 1-year period beginning on the issuance date of such guaranteed bonds or notes.CommentsClose CommentsPermalink





‘(2) RELENDING ACCOUNT- Not more than 10 percent of the principal amount of guaranteed bonds or notes, multiplied by an amount equal to the outstanding principal balance of issued notes or bonds, minus the risk-share pool amount under subsection (d), may be held in a relending account and may be made available for new eligible community or economic development purposes.CommentsClose CommentsPermalink





‘(3) LIMITATIONS ON UNPAID PRINCIPAL BALANCES- The proceeds of guaranteed bonds or notes under the Program may not be used to pay fees (other than costs of issuance fees), and shall be held in--CommentsClose CommentsPermalink





‘(A) community or economic development loans;CommentsClose CommentsPermalink





‘(B) a relending account, to the extent authorized under paragraph (2); orCommentsClose CommentsPermalink





‘(C) a risk-share pool established under subsection (d).CommentsClose CommentsPermalink





‘(4) REPAYMENT- If a qualified issuer fails to meet the requirements of paragraph (1) by the end of the 90-day period beginning at the end of the annual measurement period, repayment shall be made on that portion of bonds or notes necessary to bring the bonds or notes that remain outstanding after such repayment into compliance with the 90 percent requirement of paragraph (1).CommentsClose CommentsPermalink





‘(5) PROHIBITED USES- The Secretary shall, by regulation--CommentsClose CommentsPermalink





‘(A) prohibit, as appropriate, certain uses of amounts from the guarantee of a bond or note under the Program, including the use of such funds for political activities, lobbying, outreach, counseling services, or travel expenses; andCommentsClose CommentsPermalink





‘(B) provide that the guarantee of a bond or note under the Program may not be used for salaries or other administrative costs of--CommentsClose CommentsPermalink





‘(i) the qualified issuer; orCommentsClose CommentsPermalink





‘(ii) any recipient of amounts from the guarantee of a bond or note.CommentsClose CommentsPermalink





‘(d) Risk-Share Pool- Each qualified issuer shall, during the term of a guarantee provided under the Program, establish a risk-share pool, capitalized by contributions from eligible community development financial institution participants an amount equal to 3 percent of the guaranteed amount outstanding on the subject notes and bonds.CommentsClose CommentsPermalink





‘(e) Guarantees-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A guarantee issued under the Program shall--CommentsClose CommentsPermalink





‘(A) be for the full amount of a bond or note, including the amount of principal, interest, and call premiums;CommentsClose CommentsPermalink





‘(B) be fully assignable and transferable to the capital market, on terms and conditions that are consistent with comparable Government-guaranteed bonds, and satisfactory to the Secretary;CommentsClose CommentsPermalink





‘(C) represent the full faith and credit of the United States; andCommentsClose CommentsPermalink





‘(D) not exceed 30 years.CommentsClose CommentsPermalink





‘(2) LIMITATIONS-CommentsClose CommentsPermalink





‘(A) ANNUAL NUMBER OF GUARANTEES- The Secretary shall issue not more than 10 guarantees in any calendar year under the Program.CommentsClose CommentsPermalink





‘(B) GUARANTEE AMOUNT- The Secretary may not guarantee any amount under the Program equal to less than $100,000,000, but the total of all such guarantees in any fiscal year may not exceed $1,000,000,000.CommentsClose CommentsPermalink





‘(f) Servicing of Transactions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- To maximize efficiencies and minimize cost and interest rates, loans made under this section may be serviced by qualified Program administrators, bond servicers, and a master servicer.CommentsClose CommentsPermalink





‘(2) DUTIES OF PROGRAM ADMINISTRATOR- The duties of a Program administrator shall include--CommentsClose CommentsPermalink





‘(A) approving and qualifying eligible community development financial institution applications for participation in the Program;CommentsClose CommentsPermalink





‘(B) compliance monitoring;CommentsClose CommentsPermalink





‘(C) bond packaging in connection with the Program; andCommentsClose CommentsPermalink





‘(D) all other duties and related services that are customarily expected of a Program administrator.CommentsClose CommentsPermalink





‘(3) DUTIES OF SERVICER- The duties of a servicer shall include--CommentsClose CommentsPermalink





‘(A) billing and collecting loan payments;CommentsClose CommentsPermalink





‘(B) initiating collection activities on past-due loans;CommentsClose CommentsPermalink





‘(C) transferring loan payments to the master servicing accounts;CommentsClose CommentsPermalink





‘(D) loan administration and servicing;CommentsClose CommentsPermalink





‘(E) systematic and timely reporting of loan performance through remittance and servicing reports;CommentsClose CommentsPermalink





‘(F) proper measurement of annual outstanding loan requirements; andCommentsClose CommentsPermalink





‘(G) all other duties and related services that are customarily expected of servicers.CommentsClose CommentsPermalink





‘(4) DUTIES OF MASTER SERVICER- The duties of a master servicer shall include--CommentsClose CommentsPermalink





‘(A) tracking the movement of funds between the accounts of the master servicer and any other servicer;CommentsClose CommentsPermalink





‘(B) ensuring orderly receipt of the monthly remittance and servicing reports of the servicer;CommentsClose CommentsPermalink





‘(C) monitoring the collection comments and foreclosure actions;CommentsClose CommentsPermalink





‘(D) aggregating the reporting and distribution of funds to trustees and investors;CommentsClose CommentsPermalink





‘(E) removing and replacing a servicer, as necessary;CommentsClose CommentsPermalink





‘(F) loan administration and servicing;CommentsClose CommentsPermalink





‘(G) systematic and timely reporting of loan performance compiled from all bond servicers’ reports;CommentsClose CommentsPermalink





‘(H) proper distribution of funds to investors; andCommentsClose CommentsPermalink





‘(I) all other duties and related services that are customarily expected of a master servicer.CommentsClose CommentsPermalink





‘(g) Fees-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A qualified issuer that receives a guarantee issued under this section on a bond or note shall pay a fee to the Secretary, in an amount equal to 10 basis points of the amount of the unpaid principal of the bond or note guaranteed.CommentsClose CommentsPermalink





‘(2) PAYMENT- A qualified issuer shall pay the fee required under this subsection on an annual basis.CommentsClose CommentsPermalink





‘(3) USE OF FEES- Fees collected by the Secretary under this subsection shall be used to reimburse the Department of the Treasury for any administrative costs incurred by the Department in implementing the Program established under this section.CommentsClose CommentsPermalink





‘(h) Authorization of Appropriations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There are authorized to be appropriated to the Secretary, such sums as are necessary to carry out this section.CommentsClose CommentsPermalink





‘(2) USE OF FEES- To the extent that the amount of funds appropriated for a fiscal year under paragraph (1) are not sufficient to carry out this section, the Secretary may use the fees collected under subsection (g) for the cost of providing guarantees of bonds and notes under this section.CommentsClose CommentsPermalink





‘(i) Investment in Guaranteed Bonds Ineligible for Community Reinvestment Act Purposes- Notwithstanding any other provision of law, any investment by a financial institution in bonds or notes guaranteed under the Program shall not be taken into account in assessing the record of such institution for purposes of the Community Reinvestment Act of 1977 (12 U.S.C. 2901).CommentsClose CommentsPermalink





‘(j) Administration-CommentsClose CommentsPermalink





‘(1) REGULATIONS- Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate regulations to carry out this section.CommentsClose CommentsPermalink





‘(2) IMPLEMENTATION- Not later than 2 years after the date of enactment of this section, the Secretary shall implement this section.CommentsClose CommentsPermalink





‘(k) Termination- This section is repealed, and the authority provided under this section shall terminate, on September 30, 2014.’.CommentsClose CommentsPermalink

SEC. 1135. TEMPORARY EXPRESS LOAN ENHANCEMENT.CommentsClose CommentsPermalink

(a) In General- Section 7(a)(31)(D) of the Small Business Act (15 U.S.C. 636(a)(31)(D)) is amended by striking ‘$350,000’ and inserting ‘$1,000,000’.CommentsClose CommentsPermalink





(b) Prospective Repeal- Effective 1 year after the date of enactment of this Act, section 7(a)(31)(D) of the Small Business Act (15 U.S.C. 636(a)(31)(D)) is amended by striking ‘$1,000,000’ and inserting ‘$350,000’.CommentsClose CommentsPermalink

SEC. 1136. PROHIBITION ON USING TARP FUNDS OR TAX INCREASES.CommentsClose CommentsPermalink

(a) In General- Except as provided in subsection (b), nothing in section 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1122, or 1131, or an amendment made by such sections, shall be construed to limit the ability of Congress to appropriate funds.CommentsClose CommentsPermalink





(b) TARP Funds and Tax Increases-CommentsClose CommentsPermalink





(1) IN GENERAL- Any covered amounts may not be used to carry out section 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1122, or 1131, or an amendment made by such sections.CommentsClose CommentsPermalink





(2) DEFINITION- In this subsection, the term ‘covered amounts’ means--CommentsClose CommentsPermalink





(A) the amounts made available to the Secretary of the Treasury under title I of the Emergency Economic Stabilization Act of 2008 S.C. 5201 et seq.) to purchase (under section 101) or guarantee (under section 102) assets under that Act; andCommentsClose CommentsPermalink





(B) any revenue increase attributable to any amendment to the Internal Revenue Code of 1986 made during the period beginning on the date of enactment of this Act and ending on December 31, 2010.CommentsClose CommentsPermalink

Subtitle B--Small Business Trade and ExportingCommentsClose CommentsPermalink

SEC. 1201. SHORT TITLE.CommentsClose CommentsPermalink

This subtitle may be cited as the ‘Small Business Export Enhancement and International Trade Act of 2010’.CommentsClose CommentsPermalink

SEC. 1202. DEFINITIONS.CommentsClose CommentsPermalink

(a) Definitions- In this subtitle--CommentsClose CommentsPermalink





(1) the term ‘Associate Administrator’ means the Associate Administrator for International Trade appointed under section 22(a)(2) of the Small Business Act, as amended by this subtitle;CommentsClose CommentsPermalink





(2) the term ‘Export Assistance Center’ means a one-stop shop referred to in section 2301(b)(8) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8)); andCommentsClose CommentsPermalink





(3) the term ‘rural small business concern’ means a small business concern located in a rural area, as that term is defined in section 1393(a)(2) of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendments-CommentsClose CommentsPermalink





(1) DEFINITIONS- Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(t) Small Business Development Center- In this Act, the term ‘small business development center’ means a small business development center described in section 21.CommentsClose CommentsPermalink





‘(u) Region of the Administration- In this Act, the term ‘region of the Administration’ means the geographic area served by a regional office of the Administration established under section 4(a).’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 4(b)(3)(B)(x) of the Small Business Act (15 U.S.C. 633(b)(3)(B)(x)) is amended by striking ‘Administration district and region’ and inserting ‘district and region of the Administration’.CommentsClose CommentsPermalink

SEC. 1203. OFFICE OF INTERNATIONAL TRADE.CommentsClose CommentsPermalink

(a) Establishment- Section 22 of the Small Business Act (15 U.S.C. 649) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Sec. 22. (a) There’ and inserting the following:CommentsClose CommentsPermalink





‘SEC. 22. OFFICE OF INTERNATIONAL TRADE.CommentsClose CommentsPermalink





‘(a) Establishment-CommentsClose CommentsPermalink





‘(1) OFFICE- There’; andCommentsClose CommentsPermalink





(2) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1), as so designated, by striking the period and inserting ‘for the primary purposes of increasing--CommentsClose CommentsPermalink





‘(A) the number of small business concerns that export; andCommentsClose CommentsPermalink





‘(B) the volume of exports by small business concerns.’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) ASSOCIATE ADMINISTRATOR- The head of the Office shall be the Associate Administrator for International Trade, who shall be responsible to the Administrator.’.CommentsClose CommentsPermalink





(b) Authority for Additional Associate Administrator- Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended--CommentsClose CommentsPermalink





(1) in the fifth sentence, by striking ‘five Associate Administrators’ and inserting ‘Associate Administrators’; andCommentsClose CommentsPermalink





(2) by adding at the end the following: ‘One such Associate Administrator shall be the Associate Administrator for International Trade, who shall be the head of the Office of International Trade established under section 22.’.CommentsClose CommentsPermalink





(c) Discharge of International Trade Responsibilities of Administration- Section 22 of the Small Business Act (15 U.S.C. 649) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(h) Discharge of International Trade Responsibilities of Administration- The Administrator shall ensure that--CommentsClose CommentsPermalink





‘(1) the responsibilities of the Administration regarding international trade are carried out by the Associate Administrator;CommentsClose CommentsPermalink





‘(2) the Associate Administrator has sufficient resources to carry out such responsibilities; andCommentsClose CommentsPermalink





‘(3) the Associate Administrator has direct supervision and control over--CommentsClose CommentsPermalink





‘(A) the staff of the Office; andCommentsClose CommentsPermalink





‘(B) any employee of the Administration whose principal duty station is an Export Assistance Center, or any successor entity.’.CommentsClose CommentsPermalink





(d) Role of Associate Administrator in Carrying Out International Trade Policy- Section 2(b)(1) of the Small Business Act (15 U.S.C. 631(b)(1)) is amended in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink





(1) by inserting ‘the Administrator of’ before ‘the Small Business Administration’; andCommentsClose CommentsPermalink





(2) by inserting ‘through the Associate Administrator for International Trade, and’ before ‘in cooperation with’.CommentsClose CommentsPermalink





(e) Implementation Date- Not later than 90 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall appoint an Associate Administrator for International Trade under section 22(a) of the Small Business Act (15 U.S.C. 649(a)), as added by this section.CommentsClose CommentsPermalink

SEC. 1204. DUTIES OF THE OFFICE OF INTERNATIONAL TRADE.CommentsClose CommentsPermalink

(a) Amendments to Section 22- Section 22 of the Small Business Act (15 U.S.C. 649) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Trade Distribution Network- The Associate Administrator, working in close cooperation with the Secretary of Commerce, the United States Trade Representative, the Secretary of Agriculture, the Secretary of State, the President of the Export-Import Bank of the United States, the President of the Overseas Private Investment Corporation, Director of the United States Trade and Development Agency, and other relevant Federal agencies, small business development centers engaged in export promotion efforts, Export Assistance Centers, regional and district offices of the Administration, the small business community, and relevant State and local export promotion programs, shall--CommentsClose CommentsPermalink





‘(1) maintain a distribution network, using regional and district offices of the Administration, the small business development center network, networks of women’s business centers, the Service Corps of Retired Executives authorized by section 8(b)(1), and Export Assistance Centers, for programs relating to--CommentsClose CommentsPermalink





‘(A) trade promotion;CommentsClose CommentsPermalink





‘(B) trade finance;CommentsClose CommentsPermalink





‘(C) trade adjustment assistance;CommentsClose CommentsPermalink





‘(D) trade remedy assistance; andCommentsClose CommentsPermalink





‘(E) trade data collection;CommentsClose CommentsPermalink





‘(2) aggressively market the programs described in paragraph (1) and disseminate information, including computerized marketing data, to small business concerns on exporting trends, market-specific growth, industry trends, and international prospects for exports;CommentsClose CommentsPermalink





‘(3) promote export assistance programs through the district and regional offices of the Administration, the small business development center network, Export Assistance Centers, the network of women’s business centers, chapters of the Service Corps of Retired Executives, State and local export promotion programs, and partners in the private sector; andCommentsClose CommentsPermalink





‘(4) give preference in hiring or approving the transfer of any employee into the Office or to a position described in subsection (c)(9) to otherwise qualified applicants who are fluent in a language in addition to English, to--CommentsClose CommentsPermalink





‘(A) accompany small business concerns on foreign trade missions; andCommentsClose CommentsPermalink





‘(B) translate documents, interpret conversations, and facilitate multilingual transactions, including by providing referral lists for translation services, if required.’;CommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) by striking ‘(c) The Office’ and inserting the following:CommentsClose CommentsPermalink





‘(c) Promotion of Sales Opportunities- The Associate Administrator’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;CommentsClose CommentsPermalink





(C) by inserting before paragraph (2), as so redesignated, the following:CommentsClose CommentsPermalink





‘(1) establish annual goals for the Office relating to--CommentsClose CommentsPermalink





‘(A) enhancing the exporting capability of small business concerns and small manufacturers;CommentsClose CommentsPermalink





‘(B) facilitating technology transfers;CommentsClose CommentsPermalink





‘(C) enhancing programs and services to assist small business concerns and small manufacturers to compete effectively and efficiently in foreign markets;CommentsClose CommentsPermalink





‘(D) increasing the ability of small business concerns to access capital; andCommentsClose CommentsPermalink





‘(E) disseminating information concerning Federal, State, and private programs and initiatives;’;CommentsClose CommentsPermalink





(D) in paragraph (2), as so redesignated, by striking ‘mechanism for’ and all that follows through ‘(D) assisting’ and inserting the following: ‘mechanism for--CommentsClose CommentsPermalink





‘(A) identifying subsectors of the small business community with strong export potential;CommentsClose CommentsPermalink





‘(B) identifying areas of demand in foreign markets;CommentsClose CommentsPermalink





‘(C) prescreening foreign buyers for commercial and credit purposes; andCommentsClose CommentsPermalink





‘(D) assisting’;CommentsClose CommentsPermalink





(E) in paragraph (3), as so redesignated, by striking ‘assist small businesses in the formation and utilization of’ and inserting ‘assist small business concerns in forming and using’;CommentsClose CommentsPermalink





(F) in paragraph (4), as so redesignated--CommentsClose CommentsPermalink





(i) by striking ‘local’ and inserting ‘district’;CommentsClose CommentsPermalink





(ii) by striking ‘existing’;CommentsClose CommentsPermalink





(iii) by striking ‘Small Business Development Center network’ and inserting ‘small business development center network’; andCommentsClose CommentsPermalink





(iv) by striking ‘Small Business Development Center Program’ and inserting ‘small business development center program’;CommentsClose CommentsPermalink





(G) in paragraph (5), as so redesignated--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘Gross State Produce’ and inserting ‘Gross State Product’;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘SIC’ each place it appears and inserting ‘North American Industry Classification System’; andCommentsClose CommentsPermalink





(iii) in subparagraph (C), by striking ‘small businesses’ and inserting ‘small business concerns’;CommentsClose CommentsPermalink





(H) in paragraph (6), as so redesignated, by striking the period at the end and inserting a semicolon;CommentsClose CommentsPermalink





(I) in paragraph (7), as so redesignated--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink





(I) by inserting ‘concerns’ after ‘small business’; andCommentsClose CommentsPermalink





(II) by striking ‘current’ and inserting ‘up to date’;CommentsClose CommentsPermalink





(ii) in subparagraph (A), by striking ‘Administration’s regional offices’ and inserting ‘regional and district offices of the Administration’;CommentsClose CommentsPermalink





(iii) in subparagraph (B) by striking ‘current’;CommentsClose CommentsPermalink





(iv) in subparagraph (C), by striking ‘current’; andCommentsClose CommentsPermalink





(v) by striking ‘small businesses’ each place that term appears and inserting ‘small business concerns’;CommentsClose CommentsPermalink





(J) in paragraph (8), as so redesignated, by striking and at the end;CommentsClose CommentsPermalink





(K) in paragraph (9), as so redesignated--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink





(I) by striking ‘full-time export development specialists to each Administration regional office and assigning’; andCommentsClose CommentsPermalink





(II) by striking ‘person in each district office. Such specialists’ and inserting ‘individual in each district office and providing each Administration regional office with a full-time export development specialist, who’;CommentsClose CommentsPermalink





(ii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) by striking ‘current’; andCommentsClose CommentsPermalink





(II) by striking ‘with’ and inserting ‘in’;CommentsClose CommentsPermalink





(iii) in subparagraph (D)--CommentsClose CommentsPermalink





(I) by striking ‘Administration personnel involved in granting’ and inserting ‘personnel of the Administration involved in making’; andCommentsClose CommentsPermalink





(II) by striking ‘and’ at the end;CommentsClose CommentsPermalink





(iv) in subparagraph (E)--CommentsClose CommentsPermalink





(I) by striking ‘small businesses’ needs’ and inserting ‘the needs of small business concerns’; andCommentsClose CommentsPermalink





(II) by striking the period at the end and inserting a semicolon;CommentsClose CommentsPermalink





(v) by adding at the end the following:CommentsClose CommentsPermalink





‘(F) participate, jointly with employees of the Office, in an annual training program that focuses on current small business needs for exporting; andCommentsClose CommentsPermalink





‘(G) develop and conduct training programs for exporters and lenders, in cooperation with the Export Assistance Centers, the Department of Commerce, the Department of Agriculture, small business development centers, women’s business centers, the Export-Import Bank of the United States, the Overseas Private Investment Corporation, and other relevant Federal agencies;’; andCommentsClose CommentsPermalink





(vi) by striking ‘small businesses’ each place that term appears and inserting ‘small business concerns’; andCommentsClose CommentsPermalink





(L) by adding at the end the following:CommentsClose CommentsPermalink





‘(10) make available on the website of the Administration the name and contact information of each individual described in paragraph (9);CommentsClose CommentsPermalink





‘(11) carry out a nationwide marketing effort using technology, online resources, training, and other strategies to promote exporting as a business development opportunity for small business concerns;CommentsClose CommentsPermalink





‘(12) disseminate information to the small business community through regional and district offices of the Administration, the small business development center network, Export Assistance Centers, the network of women’s business centers, chapters of the Service Corps of Retired Executives authorized by section 8(b)(1), State and local export promotion programs, and partners in the private sector regarding exporting trends, market-specific growth, industry trends, and prospects for exporting; andCommentsClose CommentsPermalink





‘(13) establish and carry out training programs for the staff of the regional and district offices of the Administration and resource partners of the Administration on export promotion and providing assistance relating to exports.’;CommentsClose CommentsPermalink





(3) in subsection (d)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) through (5) as clauses (i) through (v), respectively, and adjusting the margins accordingly;CommentsClose CommentsPermalink





(B) by striking ‘(d) The Office’ and inserting the following:CommentsClose CommentsPermalink





‘(d) Export Financing Programs-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Associate Administrator’; andCommentsClose CommentsPermalink





(C) by striking ‘To accomplish this goal, the Office shall work’ and inserting the following:CommentsClose CommentsPermalink





‘(2) TRADE FINANCE SPECIALIST- To accomplish the goal established under paragraph (1), the Associate Administrator shall--CommentsClose CommentsPermalink





‘(A) designate at least 1 individual within the Administration as a trade finance specialist to oversee international loan programs and assist Administration employees with trade finance issues; andCommentsClose CommentsPermalink





‘(B) work’;CommentsClose CommentsPermalink





(4) in subsection (e), by striking ‘(e) The Office’ and inserting the following:CommentsClose CommentsPermalink





‘(e) Trade Remedies- The Associate Administrator’;CommentsClose CommentsPermalink





(5) by amending subsection (f) to read as follows:CommentsClose CommentsPermalink





‘(f) Reporting Requirement- The Associate Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that contains--CommentsClose CommentsPermalink





‘(1) a description of the progress of the Office in implementing the requirements of this section;CommentsClose CommentsPermalink





‘(2) a detailed account of the results of export growth activities of the Administration, including the activities of each district and regional office of the Administration, based on the performance measures described in subsection (i);CommentsClose CommentsPermalink





‘(3) an estimate of the total number of jobs created or retained as a result of export assistance provided by the Administration and resource partners of the Administration;CommentsClose CommentsPermalink





‘(4) for any travel by the staff of the Office, the destination of such travel and the benefits to the Administration and to small business concerns resulting from such travel; andCommentsClose CommentsPermalink





‘(5) a description of the participation by the Office in trade negotiations.’;CommentsClose CommentsPermalink





(6) in subsection (g), by striking ‘(g) The Office’ and inserting the following:CommentsClose CommentsPermalink





‘(g) Studies- The Associate Administrator’; andCommentsClose CommentsPermalink





(7) by adding after subsection (h), as added by section 1203 of this subtitle, the following:CommentsClose CommentsPermalink





‘(i) Export and Trade Counseling-CommentsClose CommentsPermalink





‘(1) DEFINITION- In this subsection--CommentsClose CommentsPermalink





‘(A) the term ‘lead small business development center’ means a small business development center that has received a grant from the Administration; andCommentsClose CommentsPermalink





‘(B) the term ‘lead women’s business center’ means a women’s business center that has received a grant from the Administration.CommentsClose CommentsPermalink





‘(2) CERTIFICATION PROGRAM- The Administrator shall establish an export and trade counseling certification program to certify employees of lead small business development centers and lead women’s business centers in providing export assistance to small business concerns.CommentsClose CommentsPermalink





‘(3) NUMBER OF CERTIFIED EMPLOYEES- The Administrator shall ensure that the number of employees of each lead small business development center who are certified in providing export assistance is not less than the lesser of--CommentsClose CommentsPermalink





‘(A) 5; orCommentsClose CommentsPermalink





‘(B) 10 percent of the total number of employees of the lead small business development center.CommentsClose CommentsPermalink





‘(4) REIMBURSEMENT FOR CERTIFICATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to the availability of appropriations, the Administrator shall reimburse a lead small business development center or a lead women’s business center for costs relating to the certification of an employee of the lead small business center or lead women’s business center in providing export assistance under the program established under paragraph (2).CommentsClose CommentsPermalink





‘(B) LIMITATION- The total amount reimbursed by the Administrator under subparagraph (A) may not exceed $350,000 in any fiscal year.CommentsClose CommentsPermalink





‘(j) Performance Measures-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Associate Administrator shall develop performance measures for the Administration to support export growth goals for the activities of the Office under this section that include--CommentsClose CommentsPermalink





‘(A) the number of small business concerns that--CommentsClose CommentsPermalink





‘(i) receive assistance from the Administration;CommentsClose CommentsPermalink





‘(ii) had not exported goods or services before receiving the assistance described in clause (i); andCommentsClose CommentsPermalink





‘(iii) export goods or services;CommentsClose CommentsPermalink





‘(B) the number of small business concerns receiving assistance from the Administration that export goods or services to a market outside the United States into which the small business concern did not export before receiving the assistance;CommentsClose CommentsPermalink





‘(C) export revenues by small business concerns assisted by programs of the Administration;CommentsClose CommentsPermalink





‘(D) the number of small business concerns referred to an Export Assistance Center or a small business development center by the staff of the Office;CommentsClose CommentsPermalink





‘(E) the number of small business concerns referred to the Administration by an Export Assistance Center or a small business development center; andCommentsClose CommentsPermalink





‘(F) the number of small business concerns referred to the Department of Commerce, the Department of Agriculture, the Department of State, the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the United States Trade and Development Agency by the staff of the Office, an Export Assistance Center, or a small business development center.CommentsClose CommentsPermalink





‘(2) JOINT PERFORMANCE MEASURES- The Associate Administrator shall develop joint performance measures for the district offices of the Administration and the Export Assistance Centers that include the number of export loans made under--CommentsClose CommentsPermalink





‘(A) section 7(a)(16);CommentsClose CommentsPermalink





‘(B) the Export Working Capital Program established under section 7(a)(14);CommentsClose CommentsPermalink





‘(C) the Preferred Lenders Program, as defined in section 7(a)(2)(C)(ii); andCommentsClose CommentsPermalink





‘(D) the export express program established under section 7(a)(34).CommentsClose CommentsPermalink





‘(3) CONSISTENCY OF TRACKING- The Associate Administrator, in coordination with the departments and agencies that are represented on the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) and the small business development center network, shall develop a system to track exports by small business concerns, including information relating to the performance measures developed under paragraph (1), that is consistent with systems used by the departments and agencies and the network.’.CommentsClose CommentsPermalink





(b) Report- Not later than 60 days after the date of enactment of this Act, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on any travel by the staff of the Office of International Trade of the Administration, during the period beginning on October 1, 2004, and ending on the date of enactment of the Act, including the destination of such travel and the benefits to the Administration and to small business concerns resulting from such travel.CommentsClose CommentsPermalink

SEC. 1205. EXPORT ASSISTANCE CENTERS.CommentsClose CommentsPermalink

(a) Export Assistance Centers- Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this subtitle, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(k) Export Assistance Centers-CommentsClose CommentsPermalink





‘(1) EXPORT FINANCE SPECIALISTS-CommentsClose CommentsPermalink





‘(A) MINIMUM NUMBER OF EXPORT FINANCE SPECIALISTS- On and after the date that is 90 days after the date of enactment of this subsection, the Administrator, in coordination with the Secretary of Commerce, shall ensure that the number of export finance specialists is not less than the number of such employees so assigned on January 1, 2003.CommentsClose CommentsPermalink





‘(B) EXPORT FINANCE SPECIALISTS ASSIGNED TO EACH REGION OF THE ADMINISTRATION- On and after the date that is 2 years after the date of enactment of this subsection, the Administrator, in coordination with the Secretary of Commerce, shall ensure that there are not fewer than 3 export finance specialists in each region of the Administration.CommentsClose CommentsPermalink





‘(2) PLACEMENT OF EXPORT FINANCE SPECIALISTS-CommentsClose CommentsPermalink





‘(A) PRIORITY- The Administrator shall give priority, to the maximum extent practicable, to placing employees of the Administration at any Export Assistance Center that--CommentsClose CommentsPermalink





‘(i) had an Administration employee assigned to the Export Assistance Center before January 2003; andCommentsClose CommentsPermalink





‘(ii) has not had an Administration employee assigned to the Export Assistance Center during the period beginning January 2003, and ending on the date of enactment of this subsection, either through retirement or reassignment.CommentsClose CommentsPermalink





‘(B) NEEDS OF EXPORTERS- The Administrator shall, to the maximum extent practicable, strategically assign Administration employees to Export Assistance Centers, based on the needs of exporters.CommentsClose CommentsPermalink





‘(C) RULE OF CONSTRUCTION- Nothing in this subsection may be construed to require the Administrator to reassign or remove an export finance specialist who is assigned to an Export Assistance Center on the date of enactment of this subsection.CommentsClose CommentsPermalink





‘(3) GOALS- The Associate Administrator shall work with the Department of Commerce, the Export-Import Bank of the United States, and the Overseas Private Investment Corporation to establish shared annual goals for the Export Assistance Centers.CommentsClose CommentsPermalink





‘(4) OVERSIGHT- The Associate Administrator shall designate an individual within the Administration to oversee all activities conducted by Administration employees assigned to Export Assistance Centers.CommentsClose CommentsPermalink





‘(l) Definitions- In this section--CommentsClose CommentsPermalink





‘(1) the term ‘Associate Administrator’ means the Associate Administrator for International Trade described in subsection (a)(2);CommentsClose CommentsPermalink





‘(2) the term ‘Export Assistance Center’ means a one-stop shop for United States exporters established by the United States and Foreign Commercial Service of the Department of Commerce pursuant to section 2301(b)(8) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8));CommentsClose CommentsPermalink





‘(3) the term ‘export finance specialist’ means a full-time equivalent employee of the Office assigned to an Export Assistance Center to carry out the duties described in subsection (e); andCommentsClose CommentsPermalink





‘(4) the term ‘Office’ means the Office of International Trade established under subsection (a)(1).’.CommentsClose CommentsPermalink





(b) Study and Report on Filling Gaps in High-and-Low-Export Volume Areas-CommentsClose CommentsPermalink





(1) STUDY AND REPORT- Not later than 6 months after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall--CommentsClose CommentsPermalink





(A) conduct a study of--CommentsClose CommentsPermalink





(i) the volume of exports for each State;CommentsClose CommentsPermalink





(ii) the availability of export finance specialists in each State;CommentsClose CommentsPermalink





(iii) the number of exporters in each State that are small business concerns;CommentsClose CommentsPermalink





(iv) the percentage of exporters in each State that are small business concerns;CommentsClose CommentsPermalink





(v) the change, if any, in the number of exporters that are small business concerns in each State--CommentsClose CommentsPermalink





(I) for the first study conducted under this subparagraph, during the 10-year period ending on the date of enactment of this Act; andCommentsClose CommentsPermalink





(II) for each subsequent study, during the 10-year period ending on the date the study is commenced;CommentsClose CommentsPermalink





(vi) the total value of the exports in each State by small business concerns;CommentsClose CommentsPermalink





(vii) the percentage of the total volume of exports in each State that is attributable to small business concerns; andCommentsClose CommentsPermalink





(viii) the change, if any, in the percentage of the total volume of exports in each State that is attributable to small business concerns--CommentsClose CommentsPermalink





(I) for the first study conducted under this subparagraph, during the 10-year period ending on the date of enactment of this Act; andCommentsClose CommentsPermalink





(II) for each subsequent study, during the 10-year period ending on the date the study is commenced; andCommentsClose CommentsPermalink





(B) 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 containing--CommentsClose CommentsPermalink





(i) the results of the study under subparagraph (A);CommentsClose CommentsPermalink





(ii) to the extent practicable, a recommendation regarding how to eliminate gaps between the supply of and demand for export finance specialists in the 15 States that have the greatest volume of exports, based upon the most recent data available from the Department of Commerce;CommentsClose CommentsPermalink





(iii) to the extent practicable, a recommendation regarding how to eliminate gaps between the supply of and demand for export finance specialists in the 15 States that have the lowest volume of exports, based upon the most recent data available from the Department of Commerce; andCommentsClose CommentsPermalink





(iv) such additional information as the Administrator determines is appropriate.CommentsClose CommentsPermalink





(2) DEFINITION- In this subsection, the term ‘export finance specialist’ has the meaning given that term in section 22(l) of the Small Business Act, as added by this title.CommentsClose CommentsPermalink

SEC. 1206. INTERNATIONAL TRADE FINANCE PROGRAMS.CommentsClose CommentsPermalink

(a) Loan Limits-CommentsClose CommentsPermalink





(1) TOTAL AMOUNT OUTSTANDING- Section 7(a)(3)(B) of the Small Business Act (15 U.S.C. 636(a)(3)(B)) is amended by striking ‘$1,750,000, of which not more than $1,250,000’ and inserting ‘$4,500,000 (or if the gross loan amount would exceed $5,000,000), of which not more than $4,000,000’.CommentsClose CommentsPermalink





(2) PARTICIPATION- Section 7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (A), in the matter preceding clause (i), by striking ‘subparagraph (B)’ and inserting ‘subparagraphs (B), (D), and (E)’;CommentsClose CommentsPermalink





(B) in subparagraph (D), by striking ‘Notwithstanding subparagraph (A), in’ and inserting ‘In’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(E) PARTICIPATION IN INTERNATIONAL TRADE LOAN- In an agreement to participate in a loan on a deferred basis under paragraph (16), the participation by the Administration may not exceed 90 percent.’.CommentsClose CommentsPermalink





(b) Working Capital- Section 7(a)(16)(A) of the Small Business Act (15 U.S.C. 636(a)(16)(A)) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding clause (i), by striking ‘in--’ and inserting ‘--’;CommentsClose CommentsPermalink





(2) in clause (i)--CommentsClose CommentsPermalink





(A) by inserting ‘in’ after ‘(i)’; andCommentsClose CommentsPermalink





(B) by striking ‘or’ at the end;CommentsClose CommentsPermalink





(3) in clause (ii)--CommentsClose CommentsPermalink





(A) by inserting ‘in’ after ‘(ii)’; andCommentsClose CommentsPermalink





(B) by striking the period at the end and inserting ‘, including any debt that qualifies for refinancing under any other provision of this subsection; or’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) by providing working capital.’.CommentsClose CommentsPermalink





(c) Collateral- Section 7(a)(16)(B) of the Small Business Act (15 U.S.C. 636(a)(16)(B)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Each loan’ and inserting the following:CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided in clause (ii), each loan’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(ii) EXCEPTION- A loan under this paragraph may be secured by a second lien position on the property or equipment financed by the loan or on other assets of the small business concern, if the Administrator determines the lien provides adequate assurance of the payment of the loan.’.CommentsClose CommentsPermalink





(d) Export Working Capital Program- Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)(D), by striking ‘not exceed’ and inserting ‘be’; andCommentsClose CommentsPermalink





(2) in paragraph (14)--CommentsClose CommentsPermalink





(A) by striking ‘(A) The Administration’ and inserting the following: ‘EXPORT WORKING CAPITAL PROGRAM-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Administrator’;CommentsClose CommentsPermalink





(B) by striking ‘(B) When considering’ and inserting the following:CommentsClose CommentsPermalink





‘(C) CONSIDERATIONS- When considering’;CommentsClose CommentsPermalink





(C) by striking ‘(C) The Administration’ and inserting the following:CommentsClose CommentsPermalink





‘(D) MARKETING- The Administrator’; andCommentsClose CommentsPermalink





(D) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





‘(B) TERMS-CommentsClose CommentsPermalink





‘(i) LOAN AMOUNT- The Administrator may not guarantee a loan under this paragraph of more than $5,000,000.CommentsClose CommentsPermalink





‘(ii) FEES-CommentsClose CommentsPermalink





‘(I) IN GENERAL- For a loan under this paragraph, the Administrator shall collect the fee assessed under paragraph (23) not more frequently than once each year.CommentsClose CommentsPermalink





‘(II) UNTAPPED CREDIT- The Administrator may not assess a fee on capital that is not accessed by the small business concern.’.CommentsClose CommentsPermalink





(e) Participation in Preferred Lenders Program- Section 7(a)(2)(C) of the Small Business Act (15 U.S.C. 636(a)(2)(C)) is amended--CommentsClose CommentsPermalink





(1) by redesignating clause (ii) as clause (iii); andCommentsClose CommentsPermalink





(2) by inserting after clause (i) the following:CommentsClose CommentsPermalink





‘(ii) EXPORT-IMPORT BANK LENDERS- Any lender that is participating in the Delegated Authority Lender Program of the Export-Import Bank of the United States (or any successor to the Program) shall be eligible to participate in the Preferred Lenders Program.’.CommentsClose CommentsPermalink





(f) Export Express Program- Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(35) EXPORT EXPRESS PROGRAM-CommentsClose CommentsPermalink





‘(A) DEFINITIONS- In this paragraph--CommentsClose CommentsPermalink





‘(i) the term ‘export development activity’ includes--CommentsClose CommentsPermalink





‘(I) obtaining a standby letter of credit when required as a bid bond, performance bond, or advance payment guarantee;CommentsClose CommentsPermalink





‘(II) participation in a trade show that takes place outside the United States;CommentsClose CommentsPermalink





‘(III) translation of product brochures or catalogues for use in markets outside the United States;CommentsClose CommentsPermalink





‘(IV) obtaining a general line of credit for export purposes;CommentsClose CommentsPermalink





‘(V) performing a service contract from buyers located outside the United States;CommentsClose CommentsPermalink





‘(VI) obtaining transaction-specific financing associated with completing export orders;CommentsClose CommentsPermalink





‘(VII) purchasing real estate or equipment to be used in the production of goods or services for export;CommentsClose CommentsPermalink





‘(VIII) providing term loans or other financing to enable a small business concern, including an export trading company and an export management company, to develop a market outside the United States; andCommentsClose CommentsPermalink





‘(IX) acquiring, constructing, renovating, modernizing, improving, or expanding a production facility or equipment to be used in the United States in the production of goods or services for export; andCommentsClose CommentsPermalink





‘(ii) the term ‘express loan’ means a loan in which a lender uses to the maximum extent practicable the loan analyses, procedures, and documentation of the lender to provide expedited processing of the loan application.CommentsClose CommentsPermalink





‘(B) AUTHORITY- The Administrator may guarantee the timely payment of an express loan to a small business concern made for an export development activity.CommentsClose CommentsPermalink





‘(C) LEVEL OF PARTICIPATION-CommentsClose CommentsPermalink





‘(i) MAXIMUM AMOUNT- The maximum amount of an express loan guaranteed under this paragraph shall be $500,000.CommentsClose CommentsPermalink





‘(ii) PERCENTAGE- For an express loan guaranteed under this paragraph, the Administrator shall guarantee--CommentsClose CommentsPermalink





‘(I) 90 percent of a loan that is not more than $350,000; andCommentsClose CommentsPermalink





‘(II) 75 percent of a loan that is more than $350,000 and not more than $500,000.’.CommentsClose CommentsPermalink





(g) Annual Listing of Export Finance Lenders- Section 7(a)(16) of the Small Business Act (15 U.S.C. 636(a)(16)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(F) LIST OF EXPORT FINANCE LENDERS-CommentsClose CommentsPermalink





‘(i) PUBLICATION OF LIST REQUIRED- The Administrator shall publish an annual list of the banks and participating lending institutions that, during the 1-year period ending on the date of publication of the list, have made loans guaranteed by the Administration under--CommentsClose CommentsPermalink





‘(I) this paragraph;CommentsClose CommentsPermalink





‘(II) paragraph (14); orCommentsClose CommentsPermalink





‘(III) paragraph (34).CommentsClose CommentsPermalink





‘(ii) AVAILABILITY OF LIST- The Administrator shall--CommentsClose CommentsPermalink





‘(I) post the list published under clause (i) on the website of the Administration; andCommentsClose CommentsPermalink





‘(II) make the list published under clause (i) available, upon request, at each district office of the Administration.’.CommentsClose CommentsPermalink





(h) Applicability- The amendments made by subsections (a) through (f) shall apply with respect to any loan made after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 1207. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM.CommentsClose CommentsPermalink

(a) Definitions- In this section--CommentsClose CommentsPermalink





(1) the term ‘eligible small business concern’ means a small business concern that--CommentsClose CommentsPermalink





(A) has been in business for not less than the 1-year period ending on the date on which assistance is provided using a grant under this section;CommentsClose CommentsPermalink





(B) is operating profitably, based on operations in the United States;CommentsClose CommentsPermalink





(C) has demonstrated understanding of the costs associated with exporting and doing business with foreign purchasers, including the costs of freight forwarding, customs brokers, packing and shipping, as determined by the Associate Administrator; andCommentsClose CommentsPermalink





(D) has in effect a strategic plan for exporting;CommentsClose CommentsPermalink





(2) the term ‘program’ means the State Trade and Export Promotion Grant Program established under subsection (b);CommentsClose CommentsPermalink





(3) the term ‘small business concern owned and controlled by women’ has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632);CommentsClose CommentsPermalink





(4) the term ‘socially and economically disadvantaged small business concern’ has the meaning given that term in section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 6537(a)(4)(A)); andCommentsClose CommentsPermalink





(5) the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.CommentsClose CommentsPermalink





(b) Establishment of Program- The Associate Administrator shall establish a 3-year trade and export promotion pilot program to be known as the State Trade and Export Promotion Grant Program, to make grants to States to carry out export programs that assist eligible small business concerns in--CommentsClose CommentsPermalink





(1) participation in a foreign trade mission;CommentsClose CommentsPermalink





(2) a foreign market sales trip;CommentsClose CommentsPermalink





(3) a subscription to services provided by the Department of Commerce;CommentsClose CommentsPermalink





(4) the payment of website translation fees;CommentsClose CommentsPermalink





(5) the design of international marketing media;CommentsClose CommentsPermalink





(6) a trade show exhibition;CommentsClose CommentsPermalink





(7) participation in training workshops; orCommentsClose CommentsPermalink





(8) any other export initiative determined appropriate by the Associate Administrator.CommentsClose CommentsPermalink





(c) Grants-CommentsClose CommentsPermalink





(1) JOINT REVIEW- In carrying out the program, the Associate Administrator may make a grant to a State to increase the number of eligible small business concerns in the State that export or to increase the value of the exports by eligible small business concerns in the State.CommentsClose CommentsPermalink





(2) CONSIDERATIONS- In making grants under this section, the Associate Administrator may give priority to an application by a State that proposes a program that--CommentsClose CommentsPermalink





(A) focuses on eligible small business concerns as part of an export promotion program;CommentsClose CommentsPermalink





(B) demonstrates success in promoting exports by--CommentsClose CommentsPermalink





(i) socially and economically disadvantaged small business concerns;CommentsClose CommentsPermalink





(ii) small business concerns owned or controlled by women; andCommentsClose CommentsPermalink





(iii) rural small business concerns;CommentsClose CommentsPermalink





(C) promotes exports from a State that is not 1 of the 10 States with the highest percentage of exporters that are small business concerns, based upon the latest data available from the Department of Commerce; andCommentsClose CommentsPermalink





(D) promotes new-to-market export opportunities to the People’s Republic of China for eligible small business concerns in the United States.CommentsClose CommentsPermalink





(3) LIMITATIONS-CommentsClose CommentsPermalink





(A) SINGLE APPLICATION- A State may not submit more than 1 application for a grant under the program in any 1 fiscal year.CommentsClose CommentsPermalink





(B) PROPORTION OF AMOUNTS- The total value of grants under the program made during a fiscal year to the 10 States with the highest number of exporters that are small business concerns, based upon the latest data available from the Department of Commerce, shall be not more than 40 percent of the amounts appropriated for the program for that fiscal year.CommentsClose CommentsPermalink





(4) APPLICATION- A State desiring a grant under the program shall submit an application at such time, in such manner, and accompanied by such information as the Associate Administrator may establish.CommentsClose CommentsPermalink





(d) Competitive Basis- The Associate Administrator shall award grants under the program on a competitive basis.CommentsClose CommentsPermalink





(e) Federal Share- The Federal share of the cost of an export program carried out using a grant under the program shall be--CommentsClose CommentsPermalink





(1) for a State that has a high export volume, as determined by the Associate Administrator, not more than 65 percent; andCommentsClose CommentsPermalink





(2) for a State that does not have a high export volume, as determined by the Associate Administrator, not more than 75 percent.CommentsClose CommentsPermalink





(f) Non-Federal Share- The non-Federal share of the cost of an export program carried using a grant under the program shall be comprised of not less than 50 percent cash and not more than 50 percent of indirect costs and in-kind contributions, except that no such costs or contributions may be derived from funds from any other Federal program.CommentsClose CommentsPermalink





(g) Reports-CommentsClose CommentsPermalink





(1) INITIAL REPORT- Not later than 120 days after the date of enactment of this Act, 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, which shall include--CommentsClose CommentsPermalink





(A) a description of the structure of and procedures for the program;CommentsClose CommentsPermalink





(B) a management plan for the program; andCommentsClose CommentsPermalink





(C) a description of the merit-based review process to be used in the program.CommentsClose CommentsPermalink





(2) ANNUAL REPORTS- The Associate Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the program, which shall include--CommentsClose CommentsPermalink





(A) the number and amount of grants made under the program during the preceding year;CommentsClose CommentsPermalink





(B) a list of the States receiving a grant under the program during the preceding year, including the activities being performed with grant; andCommentsClose CommentsPermalink





(C) the effect of each grant on exports by eligible small business concerns in the State receiving the grant.CommentsClose CommentsPermalink





(h) Reviews by Inspector General-CommentsClose CommentsPermalink





(1) IN GENERAL- The Inspector General of the Administration shall conduct a review of--CommentsClose CommentsPermalink





(A) the extent to which recipients of grants under the program are measuring the performance of the activities being conducted and the results of the measurements; andCommentsClose CommentsPermalink





(B) the overall management and effectiveness of the program.CommentsClose CommentsPermalink





(2) REPORT- Not later than September 30, 2012, the Inspector General of the Administration 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 review conducted under paragraph (1).CommentsClose CommentsPermalink





(i) Authorization of Appropriations- There is authorized to be appropriated to carry out the program $30,000,000 for each of fiscal years 2011, 2012, and 2013.CommentsClose CommentsPermalink





(j) Termination- The authority to carry out the program shall terminate 3 years after the date on which the Associate Administrator establishes the program.CommentsClose CommentsPermalink

SEC. 1208. RURAL EXPORT PROMOTION.CommentsClose CommentsPermalink

Not later than 6 months after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Commerce, 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 that contains--CommentsClose CommentsPermalink





(1) a description of each program of the Administration that promotes exports by rural small business concerns, including--CommentsClose CommentsPermalink





(A) the number of rural small business concerns served by the program;CommentsClose CommentsPermalink





(B) the change, if any, in the number of rural small business concerns as a result of participation in the program during the 10-year period ending on the date of enactment of this Act;CommentsClose CommentsPermalink





(C) the volume of exports by rural small business concerns that participate in the program; andCommentsClose CommentsPermalink





(D) the change, if any, in the volume of exports by rural small businesses that participate in the program during the 10-year period ending on the date of enactment of this Act;CommentsClose CommentsPermalink





(2) a description of the coordination between programs of the Administration and other Federal programs that promote exports by rural small business concerns;CommentsClose CommentsPermalink





(3) recommendations, if any, for improving the coordination described in paragraph (2);CommentsClose CommentsPermalink





(4) a description of any plan by the Administration to market the international trade financing programs of the Administration through lenders that--CommentsClose CommentsPermalink





(A) serve rural small business concerns; andCommentsClose CommentsPermalink





(B) are associated with financing programs of the Department of Agriculture;CommentsClose CommentsPermalink





(5) recommendations, if any, for improving coordination between the counseling programs and export financing programs of the Administration, in order to increase the volume of exports by rural small business concerns; andCommentsClose CommentsPermalink





(6) any additional information the Administrator determines is necessary.CommentsClose CommentsPermalink

SEC. 1209. INTERNATIONAL TRADE COOPERATION BY SMALL BUSINESS DEVELOPMENT CENTERS.CommentsClose CommentsPermalink

Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(2) The Small Business Development Centers’ and inserting the following:CommentsClose CommentsPermalink





‘(2) COOPERATION TO PROVIDE INTERNATIONAL TRADE SERVICES-CommentsClose CommentsPermalink





‘(A) INFORMATION AND SERVICES- The small business development centers’; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) in subparagraph (A), as so designated, by inserting ‘(including State trade agencies),’ after ‘local agencies’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) COOPERATION WITH STATE TRADE AGENCIES AND EXPORT ASSISTANCE CENTERS- A small business development center that counsels a small business concern on issues relating to international trade shall--CommentsClose CommentsPermalink





‘(i) consult with State trade agencies and Export Assistance Centers to provide appropriate services to the small business concern; andCommentsClose CommentsPermalink





‘(ii) as necessary, refer the small business concern to a State trade agency or an Export Assistance Center for further counseling or assistance.CommentsClose CommentsPermalink





‘(C) DEFINITION- In this paragraph, the term ‘Export Assistance Center’ has the same meaning as in section 22.’.CommentsClose CommentsPermalink

Subtitle C--Small Business ContractingCommentsClose CommentsPermalink

PART I--CONTRACT BUNDLING

SEC. 1311. SMALL BUSINESS ACT.CommentsClose CommentsPermalink

Section 3 of the Small Business Act (15 U.S.C. 632), as amended by section 1202, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(v) Multiple Award Contract- In this Act, the term ‘multiple award contract’ means--CommentsClose CommentsPermalink





‘(1) a multiple award task order contract or delivery order contract that is entered into under the authority of sections 303H through 303K of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253h through 253k); andCommentsClose CommentsPermalink





‘(2) any other indefinite delivery, indefinite quantity contract that is entered into by the head of a Federal agency with 2 or more sources pursuant to the same solicitation.’.CommentsClose CommentsPermalink

SEC. 1312. LEADERSHIP AND OVERSIGHT.CommentsClose CommentsPermalink

(a) In General- Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(q) Bundling Accountability Measures-CommentsClose CommentsPermalink





‘(1) TEAMING REQUIREMENTS- Each Federal agency shall include in each solicitation for any multiple award contract above the substantial bundling threshold of the Federal agency a provision soliciting bids from any responsible source, including responsible small business concerns and teams or joint ventures of small business concerns.CommentsClose CommentsPermalink





‘(2) POLICIES ON REDUCTION OF CONTRACT BUNDLING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, the Federal Acquisition Regulatory Council established under section 25(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 4219(a)) shall amend the Federal Acquisition Regulation issued under section 25 of such Act to--CommentsClose CommentsPermalink





‘(i) establish a Government-wide policy regarding contract bundling, including regarding the solicitation of teaming and joint ventures under paragraph (1); andCommentsClose CommentsPermalink





‘(ii) require that the policy established under clause (i) be published on the website of each Federal agency.CommentsClose CommentsPermalink





‘(B) RATIONALE FOR CONTRACT BUNDLING- Not later than 30 days after the date on which the head of a Federal agency submits data certifications to the Administrator for Federal Procurement Policy, the head of the Federal agency shall publish on the website of the Federal agency a list and rationale for any bundled contract for which the Federal agency solicited bids or that was awarded by the Federal agency.CommentsClose CommentsPermalink





‘(3) REPORTING- Not later than 90 days after the date of enactment of this subsection, and every 3 years 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 regarding procurement center representatives and commercial market representatives, which shall--CommentsClose CommentsPermalink





‘(A) identify each area for which the Administration has assigned a procurement center representative or a commercial market representative;CommentsClose CommentsPermalink





‘(B) explain why the Administration selected the areas identified under subparagraph (A); andCommentsClose CommentsPermalink





‘(C) describe the activities performed by procurement center representatives and commercial market representatives.’.CommentsClose CommentsPermalink





(b) Technical Correction- Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by striking ‘Administrator of the Office of Federal Procurement Policy’ each place it appears and inserting ‘Administrator for Federal Procurement Policy’.CommentsClose CommentsPermalink





(c) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding the procurement center representative program of the Administration.CommentsClose CommentsPermalink





(2) CONTENTS- The report submitted under paragraph (1) shall--CommentsClose CommentsPermalink





(A) address ways to improve the effectiveness of the procurement center representative program in helping small business concerns obtain Federal contracts;CommentsClose CommentsPermalink





(B) evaluate the effectiveness of procurement center representatives and commercial marketing representatives; andCommentsClose CommentsPermalink





(C) include recommendations, if any, on how to improve the procurement center representative program.CommentsClose CommentsPermalink





(d) Electronic Procurement Center Representative-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Administrator shall implement a 3-year pilot electronic procurement center representative program.CommentsClose CommentsPermalink





(2) REPORT- Not later than 30 days after the pilot program under paragraph (1) ends, the Comptroller General of the United States 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 pilot program.CommentsClose CommentsPermalink

SEC. 1313. CONSOLIDATION OF CONTRACT REQUIREMENTS.CommentsClose CommentsPermalink

(a) In General- The Small Business Act (15 U.S.C. 631 et seq.) is amended--CommentsClose CommentsPermalink





(1) by redesignating section 44 as section 45; andCommentsClose CommentsPermalink





(2) by inserting after section 43 the following:CommentsClose CommentsPermalink





‘SEC. 44. CONSOLIDATION OF CONTRACT REQUIREMENTS.CommentsClose CommentsPermalink





‘(a) Definitions- In this section--CommentsClose CommentsPermalink





‘(1) the term ‘Chief Acquisition Officer’ means the employee of a Federal agency designated as the Chief Acquisition Officer for the Federal agency under section 16(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(a));CommentsClose CommentsPermalink





‘(2) the term ‘consolidation of contract requirements’, with respect to contract requirements of a Federal agency, means a use of a solicitation to obtain offers for a single contract or a multiple award contract to satisfy 2 or more requirements of the Federal agency for goods or services that have been provided to or performed for the Federal agency under 2 or more separate contracts lower in cost than the total cost of the contract for which the offers are solicited; andCommentsClose CommentsPermalink





‘(3) the term ‘senior procurement executive’ means an official designated under section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c)) as the senior procurement executive for a Federal agency.CommentsClose CommentsPermalink





‘(b) Policy- The head of each Federal agency shall ensure that the decisions made by the Federal agency regarding consolidation of contract requirements of the Federal agency are made with a view to providing small business concerns with appropriate opportunities to participate as prime contractors and subcontractors in the procurements of the Federal agency.CommentsClose CommentsPermalink





‘(c) Limitation on Use of Acquisition Strategies Involving Consolidation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (4), the head of a Federal agency may not carry out an acquisition strategy that includes a consolidation of contract requirements of the Federal agency with a total value of more than $2,000,000, unless the senior procurement executive or Chief Acquisition Officer for the Federal agency, before carrying out the acquisition strategy--CommentsClose CommentsPermalink





‘(A) conducts market research;CommentsClose CommentsPermalink





‘(B) identifies any alternative contracting approaches that would involve a lesser degree of consolidation of contract requirements;CommentsClose CommentsPermalink





‘(C) makes a written determination that the consolidation of contract requirements is necessary and justified;CommentsClose CommentsPermalink





‘(D) identifies any negative impact by the acquisition strategy on contracting with small business concerns; andCommentsClose CommentsPermalink





‘(E) certifies to the head of the Federal agency that steps will be taken to include small business concerns in the acquisition strategy.CommentsClose CommentsPermalink





‘(2) DETERMINATION THAT CONSOLIDATION IS NECESSARY AND JUSTIFIED-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A senior procurement executive or Chief Acquisition Officer may determine that an acquisition strategy involving a consolidation of contract requirements is necessary and justified for the purposes of paragraph (1)(C) if the benefits of the acquisition strategy substantially exceed the benefits of each of the possible alternative contracting approaches identified under paragraph (1)(B).CommentsClose CommentsPermalink





‘(B) SAVINGS IN ADMINISTRATIVE OR PERSONNEL COSTS- For purposes of subparagraph (A), savings in administrative or personnel costs alone do not constitute a sufficient justification for a consolidation of contract requirements in a procurement unless the expected total amount of the cost savings, as determined by the senior procurement executive or Chief Acquisition Officer, is expected to be substantial in relation to the total cost of the procurement.CommentsClose CommentsPermalink





‘(3) BENEFITS TO BE CONSIDERED- The benefits considered for the purposes of paragraphs (1) and (2) may include cost and, regardless of whether quantifiable in dollar amounts--CommentsClose CommentsPermalink





‘(A) quality;CommentsClose CommentsPermalink





‘(B) acquisition cycle;CommentsClose CommentsPermalink





‘(C) terms and conditions; andCommentsClose CommentsPermalink





‘(D) any other benefit.CommentsClose CommentsPermalink





‘(4) DEPARTMENT OF DEFENSE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Department of Defense and each military department shall comply with this section until after the date described in subparagraph (C).CommentsClose CommentsPermalink





‘(B) RULE- After the date described in subparagraph (C), contracting by the Department of Defense or a military department shall be conducted in accordance with section 2382 of title 10, United States Code.CommentsClose CommentsPermalink





‘(C) DATE- The date described in this subparagraph is the date on which the Administrator determines the Department of Defense or a military department is in compliance with the Government-wide contracting goals under section 15.’.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- Section 2382(b)(1) of title 10, United States Code, is amended by striking ‘An official’ and inserting ‘Subject to section 44(c)(4), an official’.CommentsClose CommentsPermalink

SEC. 1314. SMALL BUSINESS TEAMS PILOT PROGRAM.CommentsClose CommentsPermalink

(a) Definitions- In this section--CommentsClose CommentsPermalink





(1) the term ‘Pilot Program’ means the Small Business Teaming Pilot Program established under subsection (b); andCommentsClose CommentsPermalink





(2) the term ‘eligible organization’ means a well-established national organization for small business concerns with the capacity to provide assistance to small business concerns (which may be provided with the assistance of the Administrator) relating to--CommentsClose CommentsPermalink





(A) customer relations and outreach;CommentsClose CommentsPermalink





(B) team relations and outreach; andCommentsClose CommentsPermalink





(C) performance measurement and quality assurance.CommentsClose CommentsPermalink





(b) Establishment- The Administrator shall establish a Small Business Teaming Pilot Program for teaming and joint ventures involving small business concerns.CommentsClose CommentsPermalink





(c) Grants- Under the Pilot Program, the Administrator may make grants to eligible organizations to provide assistance and guidance to teams of small business concerns seeking to compete for larger procurement contracts.CommentsClose CommentsPermalink





(d) Contracting Opportunities- The Administrator shall work with eligible organizations receiving a grant under the Pilot Program to recommend appropriate contracting opportunities for teams or joint ventures of small business concerns.CommentsClose CommentsPermalink





(e) Report- Not later than 1 year before the date on which the authority to carry out the Pilot Program terminates under subsection (f), 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 on the effectiveness of the Pilot Program.CommentsClose CommentsPermalink





(f) Termination- The authority to carry out the Pilot Program shall terminate 5 years after the date of enactment of this Act.CommentsClose CommentsPermalink





(g) Authorization of Appropriations- There are authorized to be appropriated for grants under subsection (c) $5,000,000 for each of fiscal years 2010 through 2015.CommentsClose CommentsPermalink

PART II--SUBCONTRACTING INTEGRITY

SEC. 1321. SUBCONTRACTING MISREPRESENTATIONS.CommentsClose CommentsPermalink

Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Administrator for Federal Procurement Policy, shall promulgate regulations relating to, and the Federal Acquisition Regulatory Council established under section 25(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(a)) shall amend the Federal Acquisition Regulation issued under section 25 of such Act to establish a policy on, subcontracting compliance relating to small business concerns, including assignment of compliance responsibilities between contracting offices, small business offices, and program offices and periodic oversight and review activities.CommentsClose CommentsPermalink

SEC. 1322. SMALL BUSINESS SUBCONTRACTING IMPROVEMENTS.CommentsClose CommentsPermalink

Section 8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (E), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in subparagraph (F), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end, the following:CommentsClose CommentsPermalink





‘(G) a representation that the offeror or bidder will--CommentsClose CommentsPermalink





‘(i) make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns used in preparing and submitting to the contracting agency the bid or proposal, in the same amount and quality used in preparing and submitting the bid or proposal; andCommentsClose CommentsPermalink





‘(ii) provide to the contracting officer a written explanation if the offeror or bidder fails to acquire articles, equipment, supplies, services, or materials or obtain the performance of construction work as described in clause (i).’.CommentsClose CommentsPermalink

PART III--ACQUISITION PROCESS

SEC. 1331. RESERVATION OF PRIME CONTRACT AWARDS FOR SMALL BUSINESSES.CommentsClose CommentsPermalink

Section 15 of the Small Business Act (15 U.S.C. 644), as amended by this Act, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(r) Multiple Award Contracts- Not later than 1 year after the date of enactment of this subsection, the Administrator for Federal Procurement Policy and the Administrator, in consultation with the Administrator of General Services, shall, by regulation, establish guidance under which Federal agencies may, at their discretion--CommentsClose CommentsPermalink





‘(1) set aside part or parts of a multiple award contract for small business concerns, including the subcategories of small business concerns identified in subsection (g)(2);CommentsClose CommentsPermalink





‘(2) notwithstanding the fair opportunity requirements under section 2304c(b) of title 10, United States Code, and section 303J(b) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253j(b)), set aside orders placed against multiple award contracts for small business concerns, including the subcategories of small business concerns identified in subsection (g)(2); andCommentsClose CommentsPermalink





‘(3) reserve 1 or more contract awards for small business concerns under full and open multiple award procurements, including the subcategories of small business concerns identified in subsection (g)(2).’.CommentsClose CommentsPermalink

SEC. 1332. MICRO-PURCHASE GUIDELINES.CommentsClose CommentsPermalink

Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Administrator of General Services, shall issue guidelines regarding the analysis of purchase card expenditures to identify opportunities for achieving and accurately measuring fair participation of small business concerns in purchases in an amount not in excess of the micro-purchase threshold, as defined in section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) (in this section referred to as ‘micro-purchases’), consistent with the national policy on small business participation in Federal procurements set forth in sections 2(a) and 15(g) of the Small Business Act (15 U.S.C. 631(a) and 644(g)), and dissemination of best practices for participation of small business concerns in micro-purchases.CommentsClose CommentsPermalink

SEC. 1333. AGENCY ACCOUNTABILITY.CommentsClose CommentsPermalink

Section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(A)’ after ‘(2)’;CommentsClose CommentsPermalink





(2) by striking ‘Goals established’ and inserting the following:CommentsClose CommentsPermalink





‘(B) Goals established’;CommentsClose CommentsPermalink





(3) by striking ‘Whenever’ and inserting the following:CommentsClose CommentsPermalink





‘(C) Whenever’;CommentsClose CommentsPermalink





(4) by striking ‘For the purpose of’ and inserting the following:CommentsClose CommentsPermalink





‘(D) For the purpose of’;CommentsClose CommentsPermalink





(5) by striking ‘The head of each Federal agency, in attempting to attain such participation’ and inserting the following:CommentsClose CommentsPermalink





‘(E) The head of each Federal agency, in attempting to attain the participation described in subparagraph (D)’.CommentsClose CommentsPermalink





(6) in subparagraph (E), as so designated--CommentsClose CommentsPermalink





(A) by striking ‘(A) contracts’ and inserting ‘(i) contracts’; andCommentsClose CommentsPermalink





(B) by striking ‘(B) contracts’ and inserting ‘(ii) contracts’; andCommentsClose CommentsPermalink





(7) by adding at the end the following:CommentsClose CommentsPermalink





‘(F)(i) Each procurement employee or program manager described in clause (ii) shall communicate to the subordinates of the procurement employee or program manager the importance of achieving small business goals.CommentsClose CommentsPermalink





‘(ii) A procurement employee or program manager described in this clause is a senior procurement executive, senior program manager, or Director of Small and Disadvantaged Business Utilization of a Federal agency having contracting authority.’.CommentsClose CommentsPermalink

SEC. 1334. PAYMENT OF SUBCONTRACTORS.CommentsClose CommentsPermalink

Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(12) Payment of Subcontractors-CommentsClose CommentsPermalink





‘(A) DEFINITION- In this paragraph, the term ‘covered contract’ means a contract relating to which a prime contractor is required to develop a subcontracting plan under paragraph (4) or (5).CommentsClose CommentsPermalink





‘(B) NOTICE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- A prime contractor for a covered contract shall notify in writing the contracting officer for the covered contract if the prime contractor pays a reduced price to a subcontractor for goods and services upon completion of the responsibilities of the subcontractor or the payment to a subcontractor is more than 90 days past due for goods or services provided for the covered contract for which the Federal agency has paid the prime contractor.CommentsClose CommentsPermalink





‘(ii) CONTENTS- A prime contractor shall include the reason for the reduction in a payment to or failure to pay a subcontractor in any notice made under clause (i).CommentsClose CommentsPermalink





‘(C) PERFORMANCE- A contracting officer for a covered contract shall consider the unjustified failure by a prime contractor to make a full or timely payment to a subcontractor in evaluating the performance of the prime contractor.CommentsClose CommentsPermalink





‘(D) CONTROL OF FUNDS- If the contracting officer for a covered contract determines that a prime contractor has a history of unjustified, untimely payments to contractors, the contracting officer shall record the identity of the contractor in accordance with the regulations promulgated under subparagraph (E).CommentsClose CommentsPermalink





‘(E) REGULATIONS- Not later than 1 year after the date of enactment of this paragraph, the Federal Acquisition Regulatory Council established under section 25(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(a)) shall amend the Federal Acquisition Regulation issued under section 25 of such Act to--CommentsClose CommentsPermalink





‘(i) describe the circumstances under which a contractor may be determined to have a history of unjustified, untimely payments to subcontractors;CommentsClose CommentsPermalink





‘(ii) establish a process for contracting officers to record the identity of a contractor described in clause (i); andCommentsClose CommentsPermalink





‘(iii) require the identity of a contractor described in clause (i) to be incorporated in, and made publicly available through, the Federal Awardee Performance and Integrity Information System, or any successor thereto.’.CommentsClose CommentsPermalink

SEC. 1335. REPEAL OF SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.CommentsClose CommentsPermalink

(a) In General- The Business Opportunity Development Reform Act of 1988 (Public Law 100-656) is amended by striking title VII (15 U.S.C. 644 note).CommentsClose CommentsPermalink





(b) Effective Date and Applicability- The amendment made by this section--CommentsClose CommentsPermalink





(1) shall take effect on the date of enactment of this Act; andCommentsClose CommentsPermalink





(2) apply to the first full fiscal year after the date of enactment of this Act.CommentsClose CommentsPermalink

PART IV--SMALL BUSINESS SIZE AND STATUS INTEGRITY

SEC. 1341. POLICY AND PRESUMPTIONS.CommentsClose CommentsPermalink

Section 3 of the Small Business Act (15 U.S.C. 632), as amended by section 1311, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(w) Presumption-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In every contract, subcontract, cooperative agreement, cooperative research and development agreement, or grant which is set aside, reserved, or otherwise classified as intended for award to small business concerns, there shall be a presumption of loss to the United States based on the total amount expended on the contract, subcontract, cooperative agreement, cooperative research and development agreement, or grant whenever it is established that a business concern other than a small business concern willfully sought and received the award by misrepresentation.CommentsClose CommentsPermalink





‘(2) DEEMED CERTIFICATIONS- The following actions shall be deemed affirmative, willful, and intentional certifications of small business size and status:CommentsClose CommentsPermalink





‘(A) Submission of a bid or proposal for a Federal grant, contract, subcontract, cooperative agreement, or cooperative research and development agreement reserved, set aside, or otherwise classified as intended for award to small business concerns.CommentsClose CommentsPermalink





‘(B) Submission of a bid or proposal for a Federal grant, contract, subcontract, cooperative agreement, or cooperative research and development agreement which in any way encourages a Federal agency to classify the bid or proposal, if awarded, as an award to a small business concern.CommentsClose CommentsPermalink





‘(C) Registration on any Federal electronic database for the purpose of being considered for award of a Federal grant, contract, subcontract, cooperative agreement, or cooperative research agreement, as a small business concern.CommentsClose CommentsPermalink





‘(3) CERTIFICATION BY SIGNATURE OF RESPONSIBLE OFFICIAL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each solicitation, bid, or application for a Federal contract, subcontract, or grant shall contain a certification concerning the small business size and status of a business concern seeking the Federal contract, subcontract, or grant.CommentsClose CommentsPermalink





‘(B) CONTENT OF CERTIFICATIONS- A certification that a business concern qualifies as a small business concern of the exact size and status claimed by the business concern for purposes of bidding on a Federal contract or subcontract, or applying for a Federal grant, shall contain the signature of an authorized official on the same page on which the certification is contained.CommentsClose CommentsPermalink





‘(4) REGULATIONS- The Administrator shall promulgate regulations to provide adequate protections to individuals and business concerns from liability under this subsection in cases of unintentional errors, technical malfunctions, and other similar situations.’.CommentsClose CommentsPermalink

SEC. 1342. ANNUAL CERTIFICATION.CommentsClose CommentsPermalink

Section 3 of the Small Business Act (15 U.S.C. 632), as amended by section 1341, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(x) Annual Certification-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each business certified as a small business concern under this Act shall annually certify its small business size and, if appropriate, its small business status, by means of a confirming entry on the Online Representations and Certifications Application database of the Administration, or any successor thereto.CommentsClose CommentsPermalink





‘(2) REGULATIONS- Not later than 1 year after the date of enactment of this subsection, the Administrator, in consultation with the Inspector General and the Chief Counsel for Advocacy of the Administration, shall promulgate regulations to ensure that--CommentsClose CommentsPermalink





‘(A) no business concern continues to be certified as a small business concern on the Online Representations and Certifications Application database of the Administration, or any successor thereto, without fulfilling the requirements for annual certification under this subsection; andCommentsClose CommentsPermalink





‘(B) the requirements of this subsection are implemented in a manner presenting the least possible regulatory burden on small business concerns.’.CommentsClose CommentsPermalink

SEC. 1343. TRAINING FOR CONTRACTING AND ENFORCEMENT PERSONNEL.CommentsClose CommentsPermalink

(a) In General- Not later than 1 year after the date of enactment of this Act, the Federal Acquisition Institute, in consultation with the Administrator for Federal Procurement Policy, the Defense Acquisition University, and the Administrator, shall develop courses for acquisition personnel concerning proper classification of business concerns and small business size and status for purposes of Federal contracts, subcontracts, grants, cooperative agreements, and cooperative research and development agreements.CommentsClose CommentsPermalink





(b) Policy on Prosecutions of Small Business Size and Status Fraud- Section 3 of the Small Business Act (15 U.S.C. 632), as amended by section 1342, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(y) Policy on Prosecutions of Small Business Size and Status Fraud- Not later than 1 year after the date of enactment of this subsection, the Administrator, in consultation with the Attorney General, shall issue a Government-wide policy on prosecution of small business size and status fraud, which shall direct Federal agencies to appropriately publicize the policy.’.CommentsClose CommentsPermalink

SEC. 1344. UPDATED SIZE STANDARDS.CommentsClose CommentsPermalink

(a) Rolling Review-CommentsClose Comments