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S 1229 ISRSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1229CommentsClose CommentsPermalink

To reauthorize and improve the entrepreneurial development programs of the Small Business Administration, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 10, 2009CommentsClose CommentsPermalink

Ms. LANDRIEU (for herself and, Ms. SNOWE, Mrs. SHAHEEN, and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Small Business and EntrepreneurshipCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To reauthorize and improve the entrepreneurial development programs of the Small Business Administration, and for other purposes.CommentsClose CommentsPermalink

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.

This Act may be cited as the ‘Entrepreneurial Development Act of 2009’. CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

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





Sec. 3. Definitions. CommentsClose CommentsPermalink

TITLE I--REAUTHORIZATION

Sec. 101. Reauthorization. CommentsClose CommentsPermalink

TITLE II--WOMEN’S SMALL BUSINESS OWNERSHIP PROGRAMS

Sec. 201. Office of Women’s Business Ownership. CommentsClose CommentsPermalink





Sec. 202. Women’s Business Center Program. CommentsClose CommentsPermalink





Sec. 203. National Women’s Business Council. CommentsClose CommentsPermalink





Sec. 204. Interagency Committee on Women’s Business Enterprise. CommentsClose CommentsPermalink





Sec. 205. Preserving the independence of the National Women’s Business Council. CommentsClose CommentsPermalink





Sec. 206. Study and report on women’s business centers. CommentsClose CommentsPermalink

TITLE III--NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM

Sec. 301. Short title. CommentsClose CommentsPermalink





Sec. 302. Native American small business development program. CommentsClose CommentsPermalink





Sec. 303. Study and report on Native American business centers. CommentsClose CommentsPermalink





Sec. 304. Office of Native American Affairs pilot program. CommentsClose CommentsPermalink

TITLE IV--VETERANS’ BUSINESS CENTER PROGRAM

Sec. 401. Veterans’ business center program; Office of Veterans Business Development. CommentsClose CommentsPermalink





Sec. 402. Reporting requirement for interagency task force. CommentsClose CommentsPermalink





Sec. 403. Repeal and renewal of grants. CommentsClose CommentsPermalink

TITLE V--PROGRAM FOR INVESTMENT IN MICROENTREPRENEURS

Sec. 501. PRIME reauthorization. CommentsClose CommentsPermalink





Sec. 502. Conforming repeal and amendments. CommentsClose CommentsPermalink





Sec. 503. References. CommentsClose CommentsPermalink





Sec. 504. Rule of construction. CommentsClose CommentsPermalink

TITLE VI--OTHER PROVISIONS

Sec. 601. Institutions of higher education. CommentsClose CommentsPermalink





Sec. 602. Health insurance options information for small business concerns. CommentsClose CommentsPermalink





Sec. 603. National Small Business Development Center Advisory Board. CommentsClose CommentsPermalink





Sec. 604. Privacy requirements for SCORE chapters. CommentsClose CommentsPermalink





Sec. 605. National small business summit. CommentsClose CommentsPermalink





Sec. 606. SCORE program. CommentsClose CommentsPermalink





Sec. 607. Assistance to out-of-state small businesses. CommentsClose CommentsPermalink





Sec. 608. Small business development centers. CommentsClose CommentsPermalink





Sec. 609. Evaluation of pilot programs. CommentsClose CommentsPermalink





Sec. 610. Educating and networking entrepreneurs through technology. CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act-- CommentsClose CommentsPermalink





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





(2) the term ‘small business concern’ has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632); and CommentsClose CommentsPermalink





(3) the term ‘small business development center’ means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648). CommentsClose CommentsPermalink

TITLE I--REAUTHORIZATION CommentsClose CommentsPermalink

SEC. 101. REAUTHORIZATION.

(a) In General- Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- CommentsClose CommentsPermalink





(1) by redesignating subsection (j) as subsection (f); and CommentsClose CommentsPermalink





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





‘(g) SCORE Program- There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements for a total of-- CommentsClose CommentsPermalink





‘(1) $10,000,000 in fiscal year 2010; CommentsClose CommentsPermalink





‘(2) $11,000,000 in fiscal year 2011; and CommentsClose CommentsPermalink





‘(3) $13,000,000 in fiscal year 2012.’. CommentsClose CommentsPermalink





(b) Small Business Development Centers- Section 21(a)(4)(C)(vii) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(vii)) is amended to read as follows: CommentsClose CommentsPermalink





‘(vii) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subparagraph-- CommentsClose CommentsPermalink





‘(I) $150,000,000 for fiscal year 2010; CommentsClose CommentsPermalink





‘(II) $155,000,000 for fiscal year 2011; and CommentsClose CommentsPermalink





‘(III) $160,000,000 for fiscal year 2012.’. CommentsClose CommentsPermalink





(c) Paul D. Coverdell Drug-Ffree Workplace Program- CommentsClose CommentsPermalink





(1) IN GENERAL- Section 27(g) of the Small Business Act (15 U.S.C. 654(g)) is amended-- CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘fiscal years 2005 and 2006’ and inserting ‘fiscal years 2010 through 2012’; and CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘fiscal years 2005 and 2006’ and inserting ‘fiscal years 2010 through 2012’. CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 21(c)(3)(T) of the Small Business Act (15 U.S.C. 648(c)(3)(T)) is amended by striking ‘October 1, 2006’ and inserting ‘October 1, 2012’. CommentsClose CommentsPermalink

TITLE II--WOMEN’S SMALL BUSINESS OWNERSHIP PROGRAMS CommentsClose CommentsPermalink

SEC. 201. OFFICE OF WOMEN’S BUSINESS OWNERSHIP.

(a) In General- Section 29(g) of the Small Business Act (15 U.S.C. 656(g)) is amended-- CommentsClose CommentsPermalink





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





(A) in subparagraph (B)(i), by striking ‘in the areas’ and all that follows through the end of subclause (I), and inserting the following: ‘to address issues concerning the management, operations, manufacturing, technology, finance, retail and product sales, international trade, Government contracting, and other disciplines required for-- CommentsClose CommentsPermalink





‘(I) starting, operating, and increasing the business of a small business concern;’; and CommentsClose CommentsPermalink





(B) in subparagraph (C), by inserting before the period at the end the following: ‘, the National Women’s Business Council, and any association of women’s business centers’; and CommentsClose CommentsPermalink





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





‘(3) TRAINING- The Administrator may provide annual programmatic and financial oversight training for women’s business ownership representatives and district office technical representatives of the Administration to enable representatives to carry out their responsibilities. CommentsClose CommentsPermalink





‘(4) PROGRAM AND TRANSPARENCY IMPROVEMENTS- The Administrator shall maximize the transparency of the women’s business center financial assistance proposal process and the programmatic and financial oversight process by-- CommentsClose CommentsPermalink





‘(A) providing public notice of the announcement for financial assistance under subsection (b) and grants under subsection (l) not later than the end of the first quarter of each fiscal year; CommentsClose CommentsPermalink





‘(B) in the announcement described in subparagraph (A), outlining award and program evaluation criteria and describing the weighting of the criteria for financial assistance under subsection (b) and grants under subsection (l); CommentsClose CommentsPermalink





‘(C) minimizing paperwork and reporting requirements for applicants for and recipients of financial assistance under this section; CommentsClose CommentsPermalink





‘(D) standardizing the oversight and review process of the Administration; and CommentsClose CommentsPermalink





‘(E) providing to each women’s business center, not later than 60 days after the completion of a site visit at the women’s business center (whether conducted for an audit, performance review, or other reason), a copy of site visit reports and evaluation reports prepared by district office technical representatives or officers or employees of the Administration.’. CommentsClose CommentsPermalink





(b) Change of Title- CommentsClose CommentsPermalink





(1) IN GENERAL- Section 29 of the Small Business Act (15 U.S.C. 656) is amended-- CommentsClose CommentsPermalink





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





(i) by striking paragraphs (1) and (4); CommentsClose CommentsPermalink





(ii) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and CommentsClose CommentsPermalink





(iii) by inserting before paragraph (4), as so redesignated, the following: CommentsClose CommentsPermalink





‘(2) the term ‘Director’ means the Director of the Office of Women’s Business Ownership established under subsection (g);’; CommentsClose CommentsPermalink





(B) by striking ‘Assistant Administrator’ each place it appears and inserting ‘Director’; and CommentsClose CommentsPermalink





(C) in subsection (g)(2), in the paragraph heading, by striking ‘ASSISTANT ADMINISTRATOR’ and inserting ‘DIRECTOR’. CommentsClose CommentsPermalink





(2) Women’S BUSINESS OWNERSHIP ACT OF 1988- Title IV of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7101 et seq.) is amended-- CommentsClose CommentsPermalink





(A) in section 403(a)(2)(B), by striking ‘Assistant Administrator’ and inserting ‘Director’; CommentsClose CommentsPermalink





(B) in section 405, by striking ‘Assistant Administrator’ and inserting ‘Director’; and CommentsClose CommentsPermalink





(C) in section 406(c), by striking ‘Assistant Administrator’ and inserting ‘Director’. CommentsClose CommentsPermalink

SEC. 202. WOMEN’S BUSINESS CENTER PROGRAM.

(a) Women’s Business Center Financial Assistance- Section 29 of the Small Business Act (15 U.S.C. 656) is amended-- CommentsClose CommentsPermalink





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





(A) by inserting before paragraph (2), as added by section 201(b), the following: CommentsClose CommentsPermalink





‘(1) the term ‘association of women’s business centers’ means an organization-- CommentsClose CommentsPermalink





‘(A) that represents not less than 51 percent of the women’s business centers that participate in a program under this section; and CommentsClose CommentsPermalink





‘(B) whose primary purpose is to represent women’s business centers;’; CommentsClose CommentsPermalink





(B) by inserting after paragraph (2), as added by section 201(b), the following: CommentsClose CommentsPermalink





‘(3) the term ‘eligible entity’ means-- CommentsClose CommentsPermalink





‘(A) a private nonprofit organization; CommentsClose CommentsPermalink





‘(B) a State, regional, or local economic development organization; CommentsClose CommentsPermalink





‘(C) a development, credit, or finance corporation chartered by a State; CommentsClose CommentsPermalink





‘(D) a public or private institution of higher education (as that term is used in sections 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1001 and 1002)); or CommentsClose CommentsPermalink





‘(E) any combination of entities listed in subparagraphs (A) through (D);’; and CommentsClose CommentsPermalink





(C) by adding after paragraph (5), as redesignated by section 201(b), the following: CommentsClose CommentsPermalink





‘(6) the term ‘women’s business center’ means a project conducted by an eligible entity under this section that--

‘(A) is carried out separately from other projects, if any, of the eligible entity; and

‘(B) is separate from the financial system of the eligible entity;’.

;’; CommentsClose CommentsPermalink





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





(A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and adjusting the margins accordingly; CommentsClose CommentsPermalink





(B) by striking ‘The Administration’ and all that follows through ‘5-year project’ and inserting the following: CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Administration may provide financial assistance to an eligible entity to conduct a project under this section’; CommentsClose CommentsPermalink





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





‘(2) USE OF FUNDS- The project shall be designed to provide training and counseling that meets the needs of women, especially socially and economically disadvantaged women, and shall provide’; and CommentsClose CommentsPermalink





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





‘(3) AMOUNT OF FINANCIAL ASSISTANCE- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Administrator may award financial assistance under this subsection of not less than $150,000 per year. CommentsClose CommentsPermalink





‘(B) EQUAL ALLOCATIONS- In the event that the Administration has insufficient funds to provide financial assistance of $150,000 for each recipient of financial assistance under this subsection in any fiscal year, available funds shall be allocated equally to recipients, unless a recipient requests a lower amount than the allocated amount. CommentsClose CommentsPermalink





‘(4) CONSULTATION WITH ASSOCIATIONS OF WOMEN’S BUSINESS CENTERS- The Administrator shall consult with each association of women’s business centers to develop-- CommentsClose CommentsPermalink





‘(A) a training program for the staff of women’s business centers and the Administration; and CommentsClose CommentsPermalink





‘(B) recommendations to improve the policies and procedures for governing the general operations and administration of the Women’s Business Center program, including grant program improvements under subsection (g)(5).’; CommentsClose CommentsPermalink





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





(A) in paragraph (1) by striking ‘the recipient organization’ and inserting ‘an eligible entity’; CommentsClose CommentsPermalink





(B) in paragraph (3), in the second sentence, by striking ‘a recipient organization’ and inserting ‘an eligible entity’; CommentsClose CommentsPermalink





and(C) in paragraph (4)-- CommentsClose CommentsPermalink





(i) by striking ‘recipient’ each place it appears and inserting ‘eligible entity’; and CommentsClose CommentsPermalink





(ii) by striking ‘such organization’ and inserting ‘the eligible entity’; and CommentsClose CommentsPermalink





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





‘(5) SEPARATION OF PROJECT AND FUNDS- An eligible entity shall-- CommentsClose CommentsPermalink





‘(A) carry out a project under this section separately from other projects, if any, of the eligible entity; and CommentsClose CommentsPermalink





‘(B) separately maintain and account for any financial assistance under this section.’; CommentsClose CommentsPermalink





(4) in subsection (e)-- CommentsClose CommentsPermalink





(A) by striking ‘applicant organization’ and inserting ‘eligible entity’; CommentsClose CommentsPermalink





(B) by striking ‘a recipient organization’ and inserting ‘an eligible entity’; and CommentsClose CommentsPermalink





(C) by striking ‘site’; CommentsClose CommentsPermalink





(5) by striking subsection (f) and inserting the following: CommentsClose CommentsPermalink





‘(f) Applications and Criteria for Initial Financial Assistance- CommentsClose CommentsPermalink





‘(1) APPLICATION- Each eligible entity desiring financial assistance under subsection (b) shall submit to the Administrator an application that contains-- CommentsClose CommentsPermalink





‘(A) a certification that the eligible entity-- CommentsClose CommentsPermalink





‘(i) has designated an executive director or program manager, who may be compensated from financial assistance under subsection (b) or other sources, to manage the center on a full-time basis; and CommentsClose CommentsPermalink





‘(ii) as a condition of receiving financial assistance under subsection (b), agrees-- CommentsClose CommentsPermalink





‘(I) to receive a site visit by the Administrator as part of the final selection process; CommentsClose CommentsPermalink





‘(II) to undergo an annual programmatic and financial review; and CommentsClose CommentsPermalink





‘(III) to the maximum extent practicable, to remedy any problems identified pursuant to the site visit or review under subclause (I) or (II); CommentsClose CommentsPermalink





‘(iii) meets the accounting and reporting requirements established by the Director of the Office of Management and Budget; CommentsClose CommentsPermalink





‘(B) information demonstrating that the eligible entity has the ability and resources to meet the needs of the market to be served by the women’s business center for which financial assistance under subsection (b) is sought, including the ability to obtain the non-Federal contribution required under subsection (c); CommentsClose CommentsPermalink





‘(C) information relating to the assistance to be provided by the women’s business center for which financial assistance under subsection (b) is sought in the area in which the women’s business center site is located; CommentsClose CommentsPermalink





‘(D) information demonstrating the experience and effectiveness of the eligible entity in-- CommentsClose CommentsPermalink





‘(i) conducting financial, management, and marketing assistance programs, as described under subsection (b)(2), which are designed to teach or upgrade the business skills of women who are business owners or potential business owners; CommentsClose CommentsPermalink





‘(ii) providing training and services to a representative number of women who are socially and economically disadvantaged; and CommentsClose CommentsPermalink





‘(iii) using resource partners of the Administration and other entities, such as universities; and CommentsClose CommentsPermalink





‘(E) a 5-year plan that describes the ability of the women’s business center for which financial assistance is sought-- CommentsClose CommentsPermalink





‘(i) to serve women who are business owners or potential owners by conducting training and counseling activities; and CommentsClose CommentsPermalink





‘(ii) to provide training and services to a representative number of women who are socially and economically disadvantaged. CommentsClose CommentsPermalink





‘(2) ADDITIONAL INFORMATION- The Administrator shall make any request for additional information from an organization applying for financial assistance under subsection (b) that was not requested in the original announcement in writing. CommentsClose CommentsPermalink





‘(3) REVIEW AND APPROVAL OF APPLICATIONS FOR INITIAL FINANCIAL ASSISTANCE- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Administrator shall-- CommentsClose CommentsPermalink





‘(i) review each application submitted under paragraph (1), based on the information described in such paragraph and the criteria set forth under subparagraph (B) of this paragraph; and CommentsClose CommentsPermalink





‘(ii) to the extent practicable, as part of the final selection process, conduct a site visit at each women’s business center for which financial assistance under subsection (b) is sought. CommentsClose CommentsPermalink





‘(B) SELECTION CRITERIA- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Administrator shall evaluate applicants for financial assistance under subsection (b) in accordance with selection criteria that are-- CommentsClose CommentsPermalink





‘(I) established before the date on which applicants are required to submit the applications; CommentsClose CommentsPermalink





‘(II) stated in terms of relative importance; and CommentsClose CommentsPermalink





‘(III) publicly available and stated in each solicitation for applications for financial assistance under subsection (b) made by the Administrator. CommentsClose CommentsPermalink





‘(ii) REQUIRED CRITERIA- The selection criteria for financial assistance under subsection (b) shall include-- CommentsClose CommentsPermalink





‘(I) the experience of the applicant in conducting programs or ongoing efforts designed to teach or enhance the business skills of women who are business owners or potential business owners; CommentsClose CommentsPermalink





‘(II) the ability of the applicant to commence a project within a minimum amount of time; CommentsClose CommentsPermalink





‘(III) the ability of the applicant to provide training and services to a representative number of women who are socially and economically disadvantaged; and CommentsClose CommentsPermalink





‘(IV) the location for the women’s business center site proposed by the applicant, including whether the applicant is located in a State in which there is not a women’s business center receiving funding from the Administration. CommentsClose CommentsPermalink





‘(C) PROXIMITY- If the principal place of business of an applicant for financial assistance under subsection (b) is located less than 50 miles from the principal place of business of a women’s business center that received funds under this section on or before the date of the application, the applicant shall not be eligible for the financial assistance, unless the applicant submits a detailed written justification of the need for an additional center in the area in which the applicant is located. CommentsClose CommentsPermalink





‘(D) RECORD RETENTION- The Administrator shall maintain a copy of each application submitted under this subsection for not less than 7 years.’; and CommentsClose CommentsPermalink





(6) in subsection (m), by striking paragraph (3) and inserting the following: CommentsClose CommentsPermalink





‘(3) APPLICATION AND APPROVAL FOR RENEWAL GRANTS- CommentsClose CommentsPermalink





‘(A) APPLICATION- Each eligible entity desiring a grant under this subsection shall submit to the Administrator an application that contains-- CommentsClose CommentsPermalink





‘(i) a certification that the applicant-- CommentsClose CommentsPermalink





‘(I) is a private nonprofit organization; CommentsClose CommentsPermalink





‘(II) has designated a full-time executive director or program manager to manage the women’s business center operated by the applicant; and CommentsClose CommentsPermalink





‘(III) as a condition of receiving a grant under this subsection, agrees-- CommentsClose CommentsPermalink

‘(aa) to receive a site visit as part of the final selection process; CommentsClose CommentsPermalink

‘(bb) to submit, for the 2 full fiscal years before the date on which the application is submitted, annual programmatic and financial review reports or certified copies of the compliance supplemental audits under OMB Circular A-133 of the applicant; and CommentsClose CommentsPermalink

‘(cc) to remedy any problem identified pursuant to the site visit or review under item (aa) or (bb); CommentsClose CommentsPermalink

‘(ii) information demonstrating that the applicant has the ability and resources to meet the needs of the market to be served by the women’s business center for which a grant under this subsection is sought, including the ability to ability to obtain the non-Federal contribution required under paragraph (4)(C); CommentsClose CommentsPermalink





‘(iii) information relating to assistance to be provided by the women’s business center for which a grant under this subsection is sought in the area of the women’s business center site; CommentsClose CommentsPermalink





‘(iv) information demonstrating the use of resource partners of the Administration and other entities; CommentsClose CommentsPermalink





‘(v) a 3-year plan that describes the ability of the women’s business center for which a grant under this subsection is sought-- CommentsClose CommentsPermalink





‘(I) to serve women who are business owners or potential business owners by conducting training and counseling activities; and CommentsClose CommentsPermalink





‘(II) to provide training and services to a representative number of women who are socially and economically disadvantaged; and CommentsClose CommentsPermalink





‘(vi) any additional information that the Administrator may reasonably require. CommentsClose CommentsPermalink





‘(B) REVIEW AND APPROVAL OF APPLICATIONS FOR GRANTS- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Administrator shall-- CommentsClose CommentsPermalink





‘(I) review each application submitted under subparagraph (A), based on the information described in such subparagraph and the criteria set forth under clause (ii) of this subparagraph; and CommentsClose CommentsPermalink





‘(II) whenever practicable, as part of the final selection process, conduct a site visit at each women’s business center for which a grant under this subsection is sought. CommentsClose CommentsPermalink





‘(ii) SELECTION CRITERIA- CommentsClose CommentsPermalink





‘(I) IN GENERAL- The Administrator shall evaluate applicants for grants under this subsection in accordance with selection criteria that are-- CommentsClose CommentsPermalink

‘(aa) established before the date on which applicants are required to submit the applications; CommentsClose CommentsPermalink

‘(bb) stated in terms of relative importance; and CommentsClose CommentsPermalink

‘(cc) publicly available and stated in each solicitation for applications for grants under this subsection made by the Administrator. CommentsClose CommentsPermalink

‘(II) REQUIRED CRITERIA- The selection criteria for a grant under this subsection shall include-- CommentsClose CommentsPermalink

‘(aa) the total number of entrepreneurs served by the applicant; CommentsClose CommentsPermalink

‘(bb) the total number of new start-up companies assisted by the applicant; CommentsClose CommentsPermalink

‘(cc) the percentage of the clients of the applicant that are socially or economically disadvantaged; and CommentsClose CommentsPermalink

‘(dd) the percentage of individuals in the community served by the applicant who are socially or economically disadvantaged. CommentsClose CommentsPermalink

‘(iii) CONDITIONS FOR CONTINUED FUNDING- In determining whether to make a grant under this subsection, the Administrator-- CommentsClose CommentsPermalink





‘(I) shall consider the results of the most recent evaluation of the women’s business center for which a grant under this subsection is sought, and, to a lesser extent, previous evaluations; and CommentsClose CommentsPermalink





‘(II) may withhold a grant under this subsection, if the Administrator determines that the applicant has failed to provide the information required to be provided under this paragraph, or the information provided by the applicant is inadequate. CommentsClose CommentsPermalink





‘(C) NOTIFICATION- Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. CommentsClose CommentsPermalink





‘(D) RECORD RETENTION- The Administrator shall maintain a copy of each application submitted under this paragraph for not less than 7 years.’. CommentsClose CommentsPermalink





(b) Technical and Conforming Amendments- Section 29 of the Small Business Act (15 U.S.C. 656) is amended-- CommentsClose CommentsPermalink





(1) in subsection (h)(2), by striking ‘to award a contract (as a sustainability grant) under subsection (l) or’; CommentsClose CommentsPermalink





(2) in subsection (j)(1), by striking ‘The Administration’ and inserting ‘Not later than November 1st of each year, the Administrator’; CommentsClose CommentsPermalink





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





(A) by striking paragraphs (1), (2), and (4); CommentsClose CommentsPermalink





(B) by redesignating paragraph (3) as paragraph (5); and CommentsClose CommentsPermalink





(C) by inserting before paragraph (5), as so redesignated, the following: CommentsClose CommentsPermalink





‘(1) IN GENERAL- There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended-- CommentsClose CommentsPermalink





‘(A) $20,000,000 for fiscal year 2010; CommentsClose CommentsPermalink





‘(B) $20,500,000 for fiscal year 2011; and CommentsClose CommentsPermalink





‘(C) $21,000,000 for fiscal year 2012. CommentsClose CommentsPermalink





‘(2) ALLOCATION- Of amounts made available pursuant to paragraph (1), the Administrator shall use not less than 50 percent for grants under subsection (l). CommentsClose CommentsPermalink





‘(3) USE OF AMOUNTS- Amounts made available under this subsection may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section. CommentsClose CommentsPermalink





‘(4) CONTINUING GRANT AND COOPERATIVE AGREEMENT AUTHORITY- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The authority of the Administrator to provide financial assistance under this section shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. CommentsClose CommentsPermalink





‘(B) PROMPT DISBURSEMENT- Upon receiving funds to carry out this section for a fiscal year, the Administrator shall, to the extent practicable, promptly reimburse funds to any women’s business center awarded financial assistance under this section if the center meets the eligibility requirements under this section. CommentsClose CommentsPermalink





‘(C) RENEWAL- After the Administrator has entered into a grant or cooperative agreement with any women’s business center under this section, the Administrator shall not suspend, terminate, or fail to renew or extend any such grant or cooperative agreement, unless the Administrator-- CommentsClose CommentsPermalink





‘(i) provides the women’s business center with written notification setting forth the reasons for that action; and CommentsClose CommentsPermalink





‘(ii) affords the center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code.’; CommentsClose CommentsPermalink





(4) in subsection (m)(4)(D), by striking ‘or subsection (l)’; and CommentsClose CommentsPermalink





(5) by redesignating subsections (m) and (n), as amended by this Act, as subsections (l) and (m), respectively. CommentsClose CommentsPermalink

SEC. 203. NATIONAL WOMEN’S BUSINESS COUNCIL.

(a) Membership- Section 407(f) of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7107(f)) is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(3) REPRESENTATION OF MEMBER ORGANIZATIONS- In consultation with the chairperson of the Council and the Administrator, a national women’s business organization or small business concern that is represented on the Council may replace its representative member on the Council during the service term to which that member was appointed.’. CommentsClose CommentsPermalink





(b) Authorization of Appropriations- Section 410(a) of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7110(a)) is amended by striking ‘2001 through 2003, of which $550,000’ and inserting ‘2010 through 2012, of which not less than 30 percent’. CommentsClose CommentsPermalink

SEC. 204. INTERAGENCY COMMITTEE ON WOMEN’S BUSINESS ENTERPRISE.

(a) Chairperson- Section 403(b) of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7103(b)) is amended-- CommentsClose CommentsPermalink





(1) by striking ‘Not later’ and inserting the following: CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later’; and CommentsClose CommentsPermalink





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





‘(2) VACANCY- In the event that a chairperson is not appointed under paragraph (1), the Deputy Administrator of the Small Business Administration shall serve as acting chairperson of the Interagency Committee until a chairperson is appointed under paragraph (1).’. CommentsClose CommentsPermalink





(b) Policy Advisory Group- Section 401 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7101) is amended-- CommentsClose CommentsPermalink





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





‘(a) Establishment of Committee- There’; and CommentsClose CommentsPermalink





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





‘(b) Policy Advisory Group- CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- There is established a Policy Advisory Group within the Interagency Committee to assist the chairperson in developing policies and programs under this Act. CommentsClose CommentsPermalink





‘(2) MEMBERSHIP- The Policy Advisory Group shall be composed of 7 policy making officials, of whom-- CommentsClose CommentsPermalink





‘(A) 1 shall be a representative of the Small Business Administration; CommentsClose CommentsPermalink





‘(B) 1 shall be a representative of the Department of Commerce; CommentsClose CommentsPermalink





‘(C) 1 shall be a representative of the Department of Labor; CommentsClose CommentsPermalink





‘(D) 1 shall be a representative of the Department of Defense; CommentsClose CommentsPermalink





‘(E) 1 shall be a representative of the Department of the Treasury; and CommentsClose CommentsPermalink





‘(F) 2 shall be representatives of the Council. CommentsClose CommentsPermalink





‘(3) MEETINGS- The Policy Advisory Group established under paragraph (1) shall meet not less frequently than 3 times each year to-- CommentsClose CommentsPermalink





‘(A) plan activities for the new fiscal year; CommentsClose CommentsPermalink





‘(B) track year-to-date agency contracting activities; and CommentsClose CommentsPermalink





‘(C) evaluate the progress during the fiscal year and prepare an annual report.’. CommentsClose CommentsPermalink

SEC. 205. PRESERVING THE INDEPENDENCE OF THE NATIONAL WOMEN’S BUSINESS COUNCIL.

(a) Findings- Congress finds the following: CommentsClose CommentsPermalink





(1) The National Women’s Business Council provides an independent source of advice and policy recommendations regarding women’s business development and the needs of women entrepreneurs in the United States to-- CommentsClose CommentsPermalink





(A) the President; CommentsClose CommentsPermalink





(B) Congress; CommentsClose CommentsPermalink





(C) the Interagency Committee on Women’s Business Enterprise; and CommentsClose CommentsPermalink





(D) the Administrator. CommentsClose CommentsPermalink





(2) The members of the National Women’s Business Council are small business owners, representatives of business organizations, and representatives of women’s business centers. CommentsClose CommentsPermalink





(3) The chairman and ranking member of the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives make recommendations to the Administrator to fill 8 of the positions on the National Women’s Business Council. Four of the positions are reserved for small business owners who are affiliated with the political party of the President, and 4 of the positions are reserved for small business owners who are not affiliated with the political party of the President. This method of appointment ensures that the National Women’s Business Council will provide Congress with nonpartisan, balanced, and independent advice. CommentsClose CommentsPermalink





(4) In order to maintain the independence of the National Women’s Business Council and to ensure that the Council continues to provide the President, the Interagency Committee on Women’s Business Enterprise, the Administrator, and Congress with advice on a nonpartisan basis, it is essential that the Council maintain the bipartisan balance established under section 407 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7107). CommentsClose CommentsPermalink





(b) Maintenance of Partisan Balance- Section 407(f) of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7107(f)), as amended by this Act, is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(4) PARTISAN BALANCE- When filling a vacancy under paragraph (1) of this subsection of a member appointed under paragraph (1) or (2) of subsection (b), the Administrator shall, to the extent practicable, ensure that there are an equal number of members on the Council from each of the 2 major political parties. CommentsClose CommentsPermalink





‘(5) ACCOUNTABILITY- If a vacancy is not filled within the 30-day period required under paragraph (1), or if there is an imbalance in the number of members on the Council from each of the 2 major political parties for a period exceeding 30 days, the Administrator shall submit a report, not later than 10 days after the expiration of either such 30-day deadline, to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, that explains why the respective deadline was not met and provides an estimated date on which any vacancies will be filled, as applicable.’. CommentsClose CommentsPermalink

SEC. 206. STUDY AND REPORT ON WOMEN’S BUSINESS CENTERS.

(a) In General- The Comptroller General of the United States shall conduct a broad study of the unique economic issues facing women’s business centers located in covered areas to identify-- CommentsClose CommentsPermalink





(1) the difficulties such centers face in raising non-Federal funds; CommentsClose CommentsPermalink





(2) the difficulties such centers face competing for financial assistance, non-Federal funds, or other types of assistance; CommentsClose CommentsPermalink





(3) the difficulties such centers face in writing grant proposals; and CommentsClose CommentsPermalink





(4) other difficulties such centers face because of the economy in the type of covered area in which such centers are located. CommentsClose CommentsPermalink





(b) Report- Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report regarding the results of the study conducted under subsection (a), which shall include recommendations, if any, regarding how to-- CommentsClose CommentsPermalink





(1) address the unique difficulties women’s business centers located in covered areas face because of the type of covered area in which such centers are located; CommentsClose CommentsPermalink





(2) expand the presence of, and increase the services provided by, women’s business centers located in covered areas; and CommentsClose CommentsPermalink





(3) best use technology and other resources to better serve women business owners located in covered areas. CommentsClose CommentsPermalink





(c) Definition of Covered Area- In this section, the term ‘covered area’ means-- CommentsClose CommentsPermalink





(1) any State that is predominantly rural, as determined by the Administrator; CommentsClose CommentsPermalink





(2) any State that is predominantly urban, as determined by the Administrator; and CommentsClose CommentsPermalink





(3) any State or territory that is an island. CommentsClose CommentsPermalink

TITLE III--NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM CommentsClose CommentsPermalink

SEC. 301. SHORT TITLE.

This title may be cited as the ‘Native American Small Business Development Act of 2009’. CommentsClose CommentsPermalink

SEC. 302. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM.

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





(1) by redesignating section 44 as section 45; and CommentsClose CommentsPermalink





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

‘SEC. 44. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM.

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





‘(1) the term ‘Alaska Native’ has the meaning given the term ‘Native’ in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)); CommentsClose CommentsPermalink





‘(2) the term ‘Alaska Native corporation’ has the meaning given the term ‘Native Corporation’ in section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)); CommentsClose CommentsPermalink





‘(3) the term ‘Assistant Administrator’ means the Assistant Administrator of the Office of Native American Affairs established under subsection (b); CommentsClose CommentsPermalink





‘(4) the terms ‘center’ and ‘Native American business center’ mean a center established under subsection (c); CommentsClose CommentsPermalink





‘(5) the term ‘eligible applicant’ means-- CommentsClose CommentsPermalink





‘(A) an Indian tribe; CommentsClose CommentsPermalink





‘(B) a tribal college; CommentsClose CommentsPermalink





‘(C) an Alaska Native corporation; or CommentsClose CommentsPermalink





‘(D) a private, nonprofit organization-- CommentsClose CommentsPermalink





‘(i) that provides business and financial or procurement technical assistance to any entity described in subparagraph (A), (B), or (C); and CommentsClose CommentsPermalink





‘(ii) the majority of members of the board of directors of which are members of an Indian tribe; or CommentsClose CommentsPermalink





‘(E) a small business development center, women’s business center, or other private organization participating in a joint project; CommentsClose CommentsPermalink





‘(6) the term ‘Indian’ means a member of an Indian tribe; CommentsClose CommentsPermalink





‘(7) the term ‘Indian tribe’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); CommentsClose CommentsPermalink





‘(8) the term ‘joint project’ means a project that-- CommentsClose CommentsPermalink





‘(A) combines the resources and expertise of 2 or more distinct entities at a physical location dedicated to assisting the Native American community; and CommentsClose CommentsPermalink





‘(B) submits to the Administration a joint application that contains-- CommentsClose CommentsPermalink





‘(i) a certification that each participant of the project-- CommentsClose CommentsPermalink





‘(I) is an eligible applicant; CommentsClose CommentsPermalink





‘(II) employs an executive director or program manager to manage the center; and CommentsClose CommentsPermalink





‘(ii) provides information demonstrating a record of commitment to providing assistance to Native Americans and; CommentsClose CommentsPermalink





‘(iii) information demonstrating that the participants in the joint project have the ability and resources to meet the needs, including the cultural needs, of the Native Americans to be served by the project; CommentsClose CommentsPermalink





‘(9) the term ‘Native American Business Enterprise Center’ means an entity providing business development assistance to federally recognized tribes and Native Americans under a grant from the Minority Business Development Agency of the Department of Commerce; CommentsClose CommentsPermalink





‘(10) the term ‘Native American small business concern’ means a small business concern that is owned and controlled by-- CommentsClose CommentsPermalink





‘(A) a member of an Indian tribe; or CommentsClose CommentsPermalink





‘(B) an Alaska Native or Alaska Native corporation; CommentsClose CommentsPermalink





‘(11) the term ‘Native American small business development program’ means the program established under subsection (c); CommentsClose CommentsPermalink





‘(12) the term ‘tribal college’ has the meaning given the term ‘tribally controlled college or university’ has in section 2(a)(4) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(a)(4)); and CommentsClose CommentsPermalink





‘(13) the term ‘tribal lands’ means all lands within the exterior boundaries of any Indian reservation. CommentsClose CommentsPermalink





‘(b) Office of Native American Affairs- CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- There is established within the Administration the Office of Native American Affairs, which, under the direction of the Assistant Administrator, shall implement the programs of the Administration for the development of business enterprises by Native Americans. CommentsClose CommentsPermalink





‘(2) PURPOSE- The purpose of the Office of Native American Affairs is to assist Native American entrepreneurs to-- CommentsClose CommentsPermalink





‘(A) start, operate, and increase the business of small business concerns; CommentsClose CommentsPermalink





‘(B) develop management and technical skills; CommentsClose CommentsPermalink





‘(C) seek Federal procurement opportunities; CommentsClose CommentsPermalink





‘(D) increase employment opportunities for Native Americans through the establishment and expansion of small business concerns; and CommentsClose CommentsPermalink





‘(E) increase the access of Native Americans to capital markets. CommentsClose CommentsPermalink





‘(3) ASSISTANT ADMINISTRATOR- CommentsClose CommentsPermalink





‘(A) APPOINTMENT- The Administrator shall appoint a qualified individual to serve as Assistant Administrator of the Office of Native American Affairs in accordance with this paragraph. CommentsClose CommentsPermalink





‘(B) QUALIFICATIONS- The Assistant Administrator appointed under subparagraph (A) shall have-- CommentsClose CommentsPermalink





‘(i) knowledge of Native American culture; and CommentsClose CommentsPermalink





‘(ii) experience providing culturally tailored small business development assistance to Native Americans. CommentsClose CommentsPermalink





‘(C) EMPLOYMENT STATUS- The Administrator shall establish the position of Assistant Administrator as-- CommentsClose CommentsPermalink





‘(i) a position at GS-15 of the General Schedule; or CommentsClose CommentsPermalink





‘(ii) a Senior Executive Service position to be filled by a noncareer appointee, as defined undersection 3132(a)(7) of title 5, United States Code. CommentsClose CommentsPermalink





‘(D) RESPONSIBILITIES AND DUTIES- The Assistant Administrator shall-- CommentsClose CommentsPermalink





‘(i) in consultation with the Associate Administrator for Entrepreneurial Development, administer and manage the Native American Small Business Development program established under this section; CommentsClose CommentsPermalink





‘(ii) recommend the annual administrative and program budgets for the Office of Native American Affairs; CommentsClose CommentsPermalink





‘(iii) consult with Native American business centers in carrying out the program established under this section; CommentsClose CommentsPermalink





‘(iv) recommend appropriate funding levels; CommentsClose CommentsPermalink





‘(v) review the annual budgets submitted by each applicant for the Native American Small Business Development program; CommentsClose CommentsPermalink





‘(vi) select applicants to participate in the program under this section; CommentsClose CommentsPermalink





‘(vii) implement this section; and CommentsClose CommentsPermalink





‘(viii) maintain a clearinghouse for the dissemination and exchange of information between Native American business centers. CommentsClose CommentsPermalink





‘(E) CONSULTATION REQUIREMENTS- In carrying out the responsibilities and duties described in this paragraph, the Assistant Administrator shall confer with and seek the advice of-- CommentsClose CommentsPermalink





‘(i) officials of the Administration working in areas served by Native American business centers; CommentsClose CommentsPermalink





‘(ii) representatives of Indian tribes; CommentsClose CommentsPermalink





‘(iii) tribal colleges; and CommentsClose CommentsPermalink





‘(iv) Alaska Native corporations. CommentsClose CommentsPermalink





‘(c) Native American Small Business Development Program- CommentsClose CommentsPermalink





‘(1) AUTHORIZATION- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Administration, through the Office of Native American Affairs, shall provide financial assistance to eligible applicants to create Native American business centers in accordance with this section. CommentsClose CommentsPermalink





‘(B) USE OF FUNDS- The financial and resource assistance provided under this subsection shall be used to establish a Native American business center to overcome obstacles impeding the creation, development, and expansion of small business concerns, in accordance with this section, by-- CommentsClose CommentsPermalink





‘(i) reservation-based American Indians; and CommentsClose CommentsPermalink





‘(ii) Alaska Natives. CommentsClose CommentsPermalink





‘(2) 5-year PROJECTS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each Native American business center that receives assistance under paragraph (1)(A) shall conduct a 5-year project that offers culturally tailored business development assistance in the form of-- CommentsClose CommentsPermalink





‘(i) financial education, including training and counseling in-- CommentsClose CommentsPermalink





‘(I) applying for and securing business credit and investment capital; CommentsClose CommentsPermalink





‘(II) preparing and presenting financial statements; and CommentsClose CommentsPermalink





‘(III) managing cash flow and other financial operations of a business concern; CommentsClose CommentsPermalink





‘(ii) management education, including training and counseling in planning, organizing, staffing, directing, and controlling each major activity and function of a small business concern; and CommentsClose CommentsPermalink





‘(iii) marketing education, including training and counseling in-- CommentsClose CommentsPermalink





‘(I) identifying and segmenting domestic and international market opportunities; CommentsClose CommentsPermalink





‘(II) preparing and executing marketing plans; CommentsClose CommentsPermalink





‘(III) developing pricing strategies; CommentsClose CommentsPermalink





‘(IV) locating contract opportunities; CommentsClose CommentsPermalink





‘(V) negotiating contracts; and CommentsClose CommentsPermalink





‘(VI) utilizing varying public relations and advertising techniques. CommentsClose CommentsPermalink





‘(B) BUSINESS DEVELOPMENT ASSISTANCE RECIPIENTS- The business development assistance under subparagraph (A) shall be offered to prospective and current owners of small business concerns that are owned by-- CommentsClose CommentsPermalink





‘(i) Indians or Indian tribes, and located on or near tribal lands; or CommentsClose CommentsPermalink





‘(ii) Alaska Natives or Alaska Native corporations. CommentsClose CommentsPermalink





‘(3) FORM OF FEDERAL FINANCIAL ASSISTANCE- CommentsClose CommentsPermalink





‘(A) DOCUMENTATION- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The financial assistance to Native American business centers authorized under this subsection may be made by grant, contract, or cooperative agreement. CommentsClose CommentsPermalink





‘(ii) EXCEPTION- Financial assistance under this subsection to Alaska Native corporations may only be made by grant or cooperative agreement. CommentsClose CommentsPermalink





‘(B) PAYMENTS- CommentsClose CommentsPermalink





‘(i) TIMING- Payments made under this subsection may be disbursed in periodic installments, at the request of the recipient. CommentsClose CommentsPermalink





‘(ii) ADVANCE- The Administrator may disburse not more than 25 percent of the annual amount of Federal financial assistance awarded to a Native American small business center after notice of the award has been issued. CommentsClose CommentsPermalink





‘(C) FEDERAL SHARE- CommentsClose CommentsPermalink





‘(i) IN GENERAL- CommentsClose CommentsPermalink





‘(I) INITIAL FINANCIAL ASSISTANCE- Except as provided in subclause (II), an eligible applicant that receives financial assistance under this subsection shall provide non-Federal contributions for the operation of the Native American business center established by the eligible applicant in an amount equal to-- CommentsClose CommentsPermalink

‘(aa) in each of the first and second years of the project, not less than 33 percent of the amount of the financial assistance received under this subsection; and CommentsClose CommentsPermalink

‘(bb) in each of the third through fifth years of the project, not less than 50 percent of the amount of the financial assistance received under this subsection. CommentsClose CommentsPermalink

‘(II) RENEWALS- An eligible applicant that receives a renewal of financial assistance under this subsection shall provide non-Federal contributions for the operation of a Native American business center established by the eligible applicant in an amount equal to not less than 50 percent of the amount of the financial assistance received under this subsection. CommentsClose CommentsPermalink





‘(4) CONTRACT AND COOPERATIVE AGREEMENT AUTHORITY- A Native American business center may enter into a contract or cooperative agreement with a Federal department or agency to provide specific assistance to Native American and other underserved small business concerns located on or near tribal lands, to the extent that such contract or cooperative agreement is consistent with and does not duplicate the terms of any assistance received by the Native American business center from the Administration. CommentsClose CommentsPermalink





‘(5) APPLICATION PROCESS- CommentsClose CommentsPermalink





‘(A) SUBMISSION OF A 5-YEAR PLAN- Each applicant for assistance under paragraph (1) shall submit a 5-year plan to the Administration on proposed assistance and training activities. CommentsClose CommentsPermalink





‘(B) CRITERIA- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Administrator shall evaluate applicants for financial assistance under this subsection in accordance with selection criteria that are-- CommentsClose CommentsPermalink





‘(I) established before the date on which eligible applicants are required to submit the applications; CommentsClose CommentsPermalink





‘(II) stated in terms of relative importance; and CommentsClose CommentsPermalink





‘(III) publicly available and stated in each solicitation for applications for financial assistance under this subsection made by the Administrator. CommentsClose CommentsPermalink





‘(ii) CONSIDERATIONS- The criteria required by this subparagraph shall include-- CommentsClose CommentsPermalink





‘(I) the experience of the applicant in conducting programs or ongoing efforts designed to impart or upgrade the business skills of current or potential owners of Native American small business concerns; CommentsClose CommentsPermalink





‘(II) the ability of the applicant to commence a project within a minimum amount of time; CommentsClose CommentsPermalink





‘(III) the ability of the applicant to provide quality training and services to a significant number of Native Americans; CommentsClose CommentsPermalink





‘(IV) previous assistance from the Administration to provide services in Native American communities; CommentsClose CommentsPermalink





‘(V) the proposed location for the Native American business center, with priority given based on the proximity of the center to the population being served and to achieve a broad geographic dispersion of the centers; and CommentsClose CommentsPermalink





‘(VI) demonstrated experience in providing technical assistance, including financial, marketing, and management assistance. CommentsClose CommentsPermalink





‘(6) CONDITIONS FOR PARTICIPATION- Each eligible applicant desiring a grant under this subsection shall submit an application to the Administrator that contains-- CommentsClose CommentsPermalink





‘(A) a certification that the applicant-- CommentsClose CommentsPermalink





‘(i) is an eligible applicant; CommentsClose CommentsPermalink





‘(ii) employs an executive director or program manager to manage the Native American business center; and CommentsClose CommentsPermalink





‘(iii) agrees-- CommentsClose CommentsPermalink





‘(I) to a site visit by the Administrator as part of the final selection process; CommentsClose CommentsPermalink





‘(II) to an annual programmatic and financial examination; and CommentsClose CommentsPermalink





‘(III) to the maximum extent practicable, to remedy any problems identified pursuant to that site visit or examination; CommentsClose CommentsPermalink





‘(B) information demonstrating that the applicant has the ability and resources to meet the needs, including cultural needs, of the Native Americans to be served by the grant; CommentsClose CommentsPermalink





‘(C) information relating to proposed assistance that the grant will provide, including-- CommentsClose CommentsPermalink





‘(i) the number of individuals to be assisted; and CommentsClose CommentsPermalink





‘(ii) the number of hours of counseling, training, and workshops to be provided; CommentsClose CommentsPermalink





‘(D) information demonstrating the effectiveness and experience of the applicant in-- CommentsClose CommentsPermalink





‘(i) conducting financial, management, and marketing assistance programs designed to educate or improve the business skills of, current or prospective Native American business owners; CommentsClose CommentsPermalink





‘(ii) providing training and services to a representative number of Native Americans; CommentsClose CommentsPermalink





‘(iii) using resource partners of the Administration and other entities, including universities, Indian tribes, or tribal colleges; and CommentsClose CommentsPermalink





‘(iv) the prudent management of finances and staffing; CommentsClose CommentsPermalink





‘(E) the location where the applicant will provide training and services to Native Americans; CommentsClose CommentsPermalink





‘(F) a 5-year plan that describes-- CommentsClose CommentsPermalink





‘(i) the number of Native Americans and Native American small business concerns to be served by the grant; CommentsClose CommentsPermalink





‘(ii) if the Native American business center is located in the continental United States, the number of Native Americans to be served by the grant; and CommentsClose CommentsPermalink





‘(iii) the training and services to be provided to a representative number of Native Americans; and CommentsClose CommentsPermalink





‘(G) if the applicant is a joint project-- CommentsClose CommentsPermalink





‘(i) a certification that each participant in the joint project is an eligible applicant; CommentsClose CommentsPermalink





‘(ii) information demonstrating a record of commitment to providing assistance to Native Americans; and CommentsClose CommentsPermalink





‘(iii) information demonstrating that the participants in the joint project have the ability and resources to meet the needs, including the cultural needs, of the Native Americans to be served by the grant. CommentsClose CommentsPermalink





‘(7) REVIEW OF APPLICATIONS- The Administrator shall approve or disapprove each completed application submitted under this subsection not later than 60 days after the date on which the eligible applicant submits the application. CommentsClose CommentsPermalink





‘(8) PROGRAM EXAMINATION- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each Native American business center established under this subsection shall annually provide to the Administrator an itemized cost breakdown of actual expenditures made during the preceding year. CommentsClose CommentsPermalink





‘(B) ADMINISTRATION ACTION- Based on information received under subparagraph (A), the Administration shall-- CommentsClose CommentsPermalink





‘(i) develop and implement an annual programmatic and financial examination of each Native American business center assisted pursuant to this subsection; and CommentsClose CommentsPermalink





‘(ii) analyze the results of each examination conducted under clause (i) to determine the programmatic and financial viability of each Native American business center. CommentsClose CommentsPermalink





‘(C) CONDITIONS FOR CONTINUED FUNDING- In determining whether to renew a grant, contract, or cooperative agreement with a Native American business center, the Administration-- CommentsClose CommentsPermalink





‘(i) shall consider the results of the most recent examination of the center under subparagraph (B), and, to a lesser extent, previous examinations; and CommentsClose CommentsPermalink





‘(ii) may withhold such renewal, if the Administrator determines that-- CommentsClose CommentsPermalink





‘(I) the center has failed to provide the information required to be provided under subparagraph (A), or the information provided by the center is inadequate; CommentsClose CommentsPermalink





‘(II) the center has failed to provide adequate information required to be provided by the center for purposes of the report of the Administrator under subparagraph (E); CommentsClose CommentsPermalink





‘(III) the center has failed to comply with a requirement for participation in the Native American small business development program, as determined by the Administrator, including-- CommentsClose CommentsPermalink

‘(aa) failure to acquire or properly document a non-Federal share; CommentsClose CommentsPermalink

‘(bb) failure to establish an appropriate partnership or program for marketing and outreach to reach new Native American small business concerns; CommentsClose CommentsPermalink

‘(cc) failure to achieve results described in a financial assistance agreement; and CommentsClose CommentsPermalink

‘(dd) failure to provide to the Administrator a description of the amount and sources of any non-Federal funding received by the center; CommentsClose CommentsPermalink

‘(IV) the center has failed to carry out the 5-year plan under in paragraph (6)(F); or CommentsClose CommentsPermalink





‘(V) the center cannot make the certification described in paragraph (6)(A). CommentsClose CommentsPermalink





‘(D) CONTINUING CONTRACT AND COOPERATIVE AGREEMENT AUTHORITY- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The authority of the Administrator to enter into contracts or cooperative agreements in accordance with this subsection shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. CommentsClose CommentsPermalink





‘(ii) RENEWAL- After the Administrator has entered into a contract or cooperative agreement with any Native American business center under this subsection, the Administrator may not suspend, terminate, or fail to renew or extend any such contract or cooperative agreement unless the Administrator provides the center with written notification setting forth the reasons therefor and affords the center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. CommentsClose CommentsPermalink





‘(E) MANAGEMENT REPORT- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Administration shall prepare and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report on the effectiveness of all projects conducted by Native American business centers under this subsection and any pilot programs administered by the Office of Native American Affairs. CommentsClose CommentsPermalink





‘(ii) CONTENTS- Each report submitted under clause (i) shall include, with respect to each Native American business center receiving financial assistance under this subsection-- CommentsClose CommentsPermalink





‘(I) the number of individuals receiving assistance from the Native American business center; CommentsClose CommentsPermalink





‘(II) the number of startup business concerns created with the assistance of the Native American business center; CommentsClose CommentsPermalink





‘(III) the number of existing businesses in the area served by the Native American business center seeking to expand employment; CommentsClose CommentsPermalink





‘(IV) the number of jobs created or maintained, on an annual basis, by Native American small business concerns assisted by the center since receiving funding under this Act; CommentsClose CommentsPermalink





‘(V) to the maximum extent practicable, the amount of the capital investment and loan financing used by emerging and expanding businesses that were assisted by a Native American business center; and CommentsClose CommentsPermalink





‘(VI) the most recent examination, as required under subparagraph (B), and the determination made by the Administration under that subparagraph. CommentsClose CommentsPermalink





‘(9) ANNUAL REPORT- Each Native American business center receiving financial assistance under this subsection shall submit to the Administrator an annual report on the services provided with the financial assistance, including-- CommentsClose CommentsPermalink





‘(A) the number of individuals assisted, categorized by ethnicity; CommentsClose CommentsPermalink





‘(B) the number of hours spent providing counseling and training for those individuals; CommentsClose CommentsPermalink





‘(C) the number of startup small business concerns created or maintained with the assistance of the Native American business center; CommentsClose CommentsPermalink





‘(D) the gross receipts of small business concerns assisted by the Native American business center; CommentsClose CommentsPermalink





‘(E) the number of jobs created or maintained by small business concerns assisted by the Native American business center; and CommentsClose CommentsPermalink





‘(F) the number of jobs for Native Americans created or maintained at small business concerns assisted by the Native American business center. CommentsClose CommentsPermalink





‘(10) RECORD RETENTION- CommentsClose CommentsPermalink





‘(A) APPLICATIONS- The Administrator shall maintain a copy of each application submitted under this subsection for not less than 7 years. CommentsClose CommentsPermalink





‘(B) ANNUAL REPORTS- The Administrator shall maintain copies of the certification submitted under paragraph (6)(A) indefinitely. CommentsClose CommentsPermalink





‘(d) Authorization of Appropriations- There is authorized to be appropriated $10,000,000 for each of fiscal years 2010 through 2012, to carry out the Native American Small Business Development program.’. CommentsClose CommentsPermalink

SEC. 303. STUDY AND REPORT ON NATIVE AMERICAN BUSINESS CENTERS.

(a) In General- The Comptroller General of the United States shall conduct a broad study of the unique economic issues facing Native American business centers to identify-- CommentsClose CommentsPermalink





(1) the difficulties such centers face in raising non-Federal funds; CommentsClose CommentsPermalink





(2) the difficulties such centers face competing for financial assistance, non-Federal funds, or other types of assistance; CommentsClose CommentsPermalink





(3) the difficulties such centers face in writing grant proposals; and CommentsClose CommentsPermalink





(4) other difficulties such centers face because of the economy in the area in which such centers are located. CommentsClose CommentsPermalink





(b) Report- Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report regarding the results of the study conducted under subsection (a), which shall include recommendations, if any, regarding how to-- CommentsClose CommentsPermalink





(1) address the unique difficulties Native American business centers face because of the type of area in which such centers are located; CommentsClose CommentsPermalink





(2) expand the presence of, and increase the services provided by, Native American business centers; and CommentsClose CommentsPermalink





(3) best use technology and other resources to better serve Native American business owners. CommentsClose CommentsPermalink





(c) Definition of Native American Business Center- In this section, the term ‘Native American business center’ has the meaning given that term in section 44(a) of the Small Business Act, as added by this Act. CommentsClose CommentsPermalink

SEC. 304. OFFICE OF NATIVE AMERICAN AFFAIRS PILOT PROGRAM.

(a) Definition- In this section, the term ‘Indian tribe’ means any band, nation, or organized group or community of Indians located in the contiguous United States, and the Metlakatla Indian Community, whose members are recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians. CommentsClose CommentsPermalink





(b) Authorization- The Office of Native American Affairs of the Administration may conduct a pilot program-- CommentsClose CommentsPermalink





(1) to develop and publish a self-assessment tool for Indian tribes that will allow such tribes to evaluate and implement best practices for economic development; and CommentsClose CommentsPermalink





(2) to provide assistance to Indian tribes, through an interagency working group, in identifying and implementing economic development opportunities available from the Federal Government and private enterprise, including-- CommentsClose CommentsPermalink





(A) the Administration; CommentsClose CommentsPermalink





(B) the Department of Energy; CommentsClose CommentsPermalink





(C) the Environmental Protection Agency; CommentsClose CommentsPermalink





(D) the Department of Commerce; CommentsClose CommentsPermalink





(E) the Federal Communications Commission; CommentsClose CommentsPermalink





(F) the Department of Justice; CommentsClose CommentsPermalink





(G) the Department of Labor; CommentsClose CommentsPermalink





(H) the Office of National Drug Control Policy; and CommentsClose CommentsPermalink





(I) the Department of Agriculture. CommentsClose CommentsPermalink





(c) Termination of Program- The authority to conduct a pilot program under this section shall terminate on September 30, 2012. CommentsClose CommentsPermalink





(d) Report- Not later than September 30, 2012, the Office of Native American Affairs 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 regarding the effectiveness of the self-assessment tool developed under subsection (b)(1). CommentsClose CommentsPermalink

TITLE IV--VETERANS’ BUSINESS CENTER PROGRAM CommentsClose CommentsPermalink

SEC. 401. VETERANS’ BUSINESS CENTER PROGRAM; OFFICE OF VETERANS BUSINESS DEVELOPMENT.

(a) In General- Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by striking subsection (f) and inserting the following: CommentsClose CommentsPermalink





‘(f) Online Coordination- CommentsClose CommentsPermalink





‘(1) DEFINITION- In this subsection, the term ‘veterans’ assistance provider’ means-- CommentsClose CommentsPermalink





‘(A) a veterans’ business center established under subsection (g); CommentsClose CommentsPermalink





‘(B) an employee of the Administration assigned to the Office of Veterans Business Development; and CommentsClose CommentsPermalink





‘(C) a veterans business ownership representative designated under subsection (g)(13)(B). CommentsClose CommentsPermalink





‘(2) ESTABLISHMENT- The Associate Administrator shall establish an online mechanism to-- CommentsClose CommentsPermalink





‘(A) provide information that assists veterans’ assistance providers in carrying out the activities of the veterans’ assistance providers; and CommentsClose CommentsPermalink





‘(B) coordinate and leverage the work of the veterans’ assistance providers, including by allowing a veterans’ assistance provider to-- CommentsClose CommentsPermalink





‘(i) distribute best practices and other materials; CommentsClose CommentsPermalink





‘(ii) communicate with other veterans’ assistance providers regarding the activities of the veterans’ assistance provider on behalf of veterans; and CommentsClose CommentsPermalink





‘(iii) pose questions to and request input from other veterans’ assistance providers. CommentsClose CommentsPermalink





‘(g) Veterans’ Business Center Program- CommentsClose CommentsPermalink





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





‘(A) the term ‘active duty’ has the meaning given that term insection 101 of title 10, United States Code; CommentsClose CommentsPermalink





‘(B) the term ‘private nonprofit organization’ means an entity that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; CommentsClose CommentsPermalink





‘(C) the term ‘Reservist’ means a member of a reserve component of the Armed Forces, as described insection 10101 of title 10, United States Code; CommentsClose CommentsPermalink





‘(D) the term ‘Service Corps of Retired Executives’ means the Service Corps of Retired Executives authorized under section 8(b)(1); CommentsClose CommentsPermalink





‘(E) the term ‘small business concern owned and controlled by veterans’-- CommentsClose CommentsPermalink





‘(i) has the same meaning as in section 3(q); and CommentsClose CommentsPermalink





‘(ii) includes a small business concern-- CommentsClose CommentsPermalink





‘(I) not less than 51 percent of which is owned by one or more spouses of veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more spouses of veterans; and CommentsClose CommentsPermalink





‘(II) the management and daily business operations of which are controlled by one or more spouses of veterans; CommentsClose CommentsPermalink





‘(F) the term ‘spouse’, relating to a veteran, service-disabled veteran, or Reservist, includes an individual who is the spouse of a veteran, service-disabled veteran, or Reservist on the date on which the veteran, service-disabled veteran, or Reservist died; CommentsClose CommentsPermalink





‘(G) the term ‘veterans’ business center program’ means the program established under paragraph (2)(A); and CommentsClose CommentsPermalink





‘(H) the term ‘women’s business center’ means a women’s business center described in section 29. CommentsClose CommentsPermalink





‘(2) PROGRAM ESTABLISHED- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Administrator, acting through the Associate Administrator, shall establish a veterans’ business center program, under which the Associate Administrator may provide financial assistance to a private nonprofit organization to conduct a 5-year project for the benefit of small business concerns owned and controlled by veterans, which may be renewed for one or more additional 5-year periods. CommentsClose CommentsPermalink





‘(B) FORM OF FINANCIAL ASSISTANCE- Financial assistance under this subsection may be in the form of a grant, a contract, or a cooperative agreement. CommentsClose CommentsPermalink





‘(3) Veterans’ BUSINESS CENTERS- Each private nonprofit organization that receives financial assistance under this subsection shall establish or operate a veterans’ business center (which may include establishing or operating satellite offices in the region described in paragraph (5) served by that private nonprofit organization) that provides to veterans (including service-disabled veterans), Reservists, and the spouses of veterans (including service-disabled veterans) and Reservists-- CommentsClose CommentsPermalink





‘(A) financial advice, including training and counseling on applying for and securing business credit and investment capital, preparing and presenting financial statements, and managing cash flow and other financial operations of a small business concern; CommentsClose CommentsPermalink





‘(B) management advice, including training and counseling on the planning, organization, staffing, direction, and control of each major activity and function of a small business concern; CommentsClose CommentsPermalink





‘(C) marketing advice, including training and counseling on identifying and segmenting domestic and international market opportunities, preparing and executing marketing plans, developing pricing strategies, locating contract opportunities, negotiating contracts, and using public relations and advertising techniques; and CommentsClose CommentsPermalink





‘(D) advice, including training and counseling, for Reservists and the spouses of Reservists. CommentsClose CommentsPermalink





‘(4) APPLICATION- CommentsClose CommentsPermalink





‘(A) IN GENERAL- A private nonprofit organization desiring to receive financial assistance under this subsection shall submit an application to the Associate Administrator at such time and in such manner as the Associate Administrator may require. CommentsClose CommentsPermalink





‘(B) 5-year PLAN- Each application described in subparagraph (A) shall include a 5-year plan on proposed fundraising and training activities relating to the veterans’ business center. CommentsClose CommentsPermalink





‘(C) DETERMINATION AND NOTIFICATION- Not later than 60 days after the date on which a private nonprofit organization submits an application under subparagraph (A), the Associate Administrator shall approve or deny the application and notify the applicant of the determination. CommentsClose CommentsPermalink





‘(D) AVAILABILITY OF APPLICATION- The Associate Administrator shall make every effort to make the application under subparagraph (A) available online. CommentsClose CommentsPermalink





‘(5) ELIGIBILITY- The Associate Administrator may select to receive financial assistance under this subsection-- CommentsClose CommentsPermalink





‘(A) a Veterans Business Outreach Center established by the Administrator under section 8(b)(17) on or before the day before the date of enactment of this subsection; CommentsClose CommentsPermalink





‘(B) a private nonprofit organization that-- CommentsClose CommentsPermalink





‘(i) received financial assistance in fiscal year 2006 from the National Veterans Business Development Corporation established under section 33; and CommentsClose CommentsPermalink





‘(ii) is in operation on the date of enactment of this subsection; or CommentsClose CommentsPermalink





‘(C) other private nonprofit organizations located in various regions of the United States, as the Associate Administrator determines is appropriate. CommentsClose CommentsPermalink





‘(6) SELECTION CRITERIA- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Associate Administrator shall establish selection criteria, stated in terms of relative importance, to evaluate and rank applicants under paragraph (5)(C) for financial assistance under this subsection. CommentsClose CommentsPermalink





‘(B) CRITERIA- The selection criteria established under this paragraph shall include-- CommentsClose CommentsPermalink





‘(i) the experience of the applicant in conducting programs or ongoing efforts designed to impart or upgrade the business skills of veterans, and the spouses of veterans, who own or may own small business concerns; CommentsClose CommentsPermalink





‘(ii) for an applicant for initial financial assistance under this subsection-- CommentsClose CommentsPermalink





‘(I) the ability of the applicant to begin operating a veterans’ business center within a minimum amount of time; and CommentsClose CommentsPermalink





‘(II) the geographic region to be served by the veterans business center; CommentsClose CommentsPermalink





‘(iii) the demonstrated ability of the applicant to-- CommentsClose CommentsPermalink





‘(I) provide managerial counseling and technical assistance to entrepreneurs; and CommentsClose CommentsPermalink





‘(II) coordinate services provided by veterans services organizations and other public or private entities; and CommentsClose CommentsPermalink





‘(iv) for any applicant for a renewal of financial assistance under this subsection, the results of the most recent examination under paragraph (10) of the veterans’ business center operated by the applicant. CommentsClose CommentsPermalink





‘(C) CRITERIA PUBLICLY AVAILABLE- The Associate Administrator shall-- CommentsClose CommentsPermalink





‘(i) make publicly available the selection criteria established under this paragraph; and CommentsClose CommentsPermalink





‘(ii) include the criteria in each solicitation for applications for financial assistance under this subsection. CommentsClose CommentsPermalink





‘(7) AMOUNT OF ASSISTANCE- The amount of financial assistance provided under this subsection to a private nonprofit organization for each fiscal year shall be-- CommentsClose CommentsPermalink





‘(A) not less than $150,000; and CommentsClose CommentsPermalink





‘(B) not more than $200,000. CommentsClose CommentsPermalink





‘(8) FEDERAL SHARE- CommentsClose CommentsPermalink





‘(A) IN GENERAL- CommentsClose CommentsPermalink





‘(i) INITIAL FINANCIAL ASSISTANCE- Except as provided in clause (ii), a private nonprofit organization that receives financial assistance under this subsection shall provide non-Federal contributions for the operation of the veterans business center established by the private nonprofit organization in an amount equal to-- CommentsClose CommentsPermalink





‘(I) in each of the first and second years of the project, not less than 33 percent of the amount of the financial assistance received under this subsection; and CommentsClose CommentsPermalink





‘(II) in each of the third through fifth years of the project, not less than 50 percent of the amount of the financial assistance received under this subsection. CommentsClose CommentsPermalink





‘(ii) RENEWALS- A private nonprofit organization that receives a renewal of financial assistance under this subsection shall provide non-Federal contributions for the operation of the veterans business center established by the private nonprofit organization in an amount equal to not less than 50 percent of the amount of the financial assistance received under this subsection. CommentsClose CommentsPermalink





‘(B) FORM OF NON-FEDERAL SHARE- Not more than 50 percent of the non-Federal share for a project carried out using financial assistance under this subsection may be in the form of in-kind contributions. CommentsClose CommentsPermalink





‘(C) TIMING OF DISBURSEMENT- The Associate Administrator may disburse not more than 25 percent of the financial assistance awarded to a private nonprofit organization before the private nonprofit organization obtains the non-Federal share required under this paragraph with respect to that award. CommentsClose CommentsPermalink





‘(D) FAILURE TO OBTAIN NON-FEDERAL FUNDING- CommentsClose CommentsPermalink





‘(i) IN GENERAL- If a private nonprofit organization that receives financial assistance under this subsection fails to obtain the non-Federal share required under this paragraph during any fiscal year, the private nonprofit organization may not receive a disbursement under this subsection in a subsequent fiscal year or a disbursement for any other project funded by the Administration, unless the Administrator makes a written determination that the private nonprofit organization will be able to obtain a non-Federal contribution. CommentsClose CommentsPermalink





‘(ii) RESTORATION- A private nonprofit organization prohibited from receiving a disbursement under clause (i) in a fiscal year may receive financial assistance in a subsequent fiscal year if the organization obtains the non-Federal share required under this paragraph for the subsequent fiscal year. CommentsClose CommentsPermalink





‘(9) CONTRACT AUTHORITY- A veterans’ business center may enter into a contract with a Federal department or agency to provide specific assistance to veterans, service-disabled veterans, Reservists, or the spouses of veterans, service-disabled veterans, or Reservists. Performance of such contract shall not hinder the veterans’ business center in carrying out the terms of the grant received by the veterans’ business centers from the Administrator. CommentsClose CommentsPermalink





‘(10) EXAMINATION AND DETERMINATION OF VIABILITY- CommentsClose CommentsPermalink





‘(A) EXAMINATION- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Associate Administrator shall conduct an annual examination of the programs and finances of each veterans’ business center established or operated using financial assistance under this subsection. CommentsClose CommentsPermalink





‘(ii) FACTORS- In conducting the examination under clause (i), the Associate Administrator shall consider whether the veterans business center has failed-- CommentsClose CommentsPermalink





‘(I) to provide the information required to be provided under subparagraph (B), or the information provided by the center is inadequate; CommentsClose CommentsPermalink





‘(II) the center has failed to comply with a requirement for participation in the veterans’ business center program, as determined by the Assistant Administrator, including-- CommentsClose CommentsPermalink

‘(aa) failure to acquire or properly document a non-Federal share; CommentsClose CommentsPermalink

‘(bb) failure to establish an appropriate partnership or program for marketing and outreach to small business concerns; CommentsClose CommentsPermalink

‘(cc) failure to achieve results described in a financial assistance agreement; and CommentsClose CommentsPermalink

‘(dd) failure to provide to the Administrator a description of the amount and sources of any non-Federal funding received by the center; CommentsClose CommentsPermalink

‘(III) to carry out the 5-year plan under in paragraph (4)(B); or CommentsClose CommentsPermalink





‘(IV) to meet the eligibility requirements under paragraph (5). CommentsClose CommentsPermalink





‘(B) INFORMATION PROVIDED- In the course of an examination under subparagraph (A), the veterans’ business center shall provide to the Associate Administrator-- CommentsClose CommentsPermalink





‘(i) an itemized cost breakdown of actual expenditures for costs incurred during the most recent full fiscal year; CommentsClose CommentsPermalink





‘(ii) documentation of the amount of non-Federal contributions obtained and expended by the veterans’ business center during the most recent full fiscal year; and CommentsClose CommentsPermalink





‘(iii) with respect to any in-kind contribution under paragraph (8)(B), verification of the existence and valuation of such contributions. CommentsClose CommentsPermalink





‘(C) DETERMINATION OF VIABILITY- The Associate Administrator shall analyze the results of each examination under this paragraph and, based on that analysis, make a determination regarding the viability of the programs and finances of each veterans’ business center. CommentsClose CommentsPermalink





‘(D) DISCONTINUATION OF FUNDING- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Associate Administrator may discontinue an award of financial assistance to a private nonprofit organization at any time if the Associate Administrator determines under subparagraph (C) that the veterans’ business center operated by that organization is not viable. CommentsClose CommentsPermalink





‘(ii) RESTORATION- The Associate Administrator may continue to provide financial assistance to a private nonprofit organization in a subsequent fiscal year if the Associate Administrator determines under subparagraph (C) that the veterans’ business center is viable. CommentsClose CommentsPermalink





‘(11) PRIVACY REQUIREMENTS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in subparagraph (B), a veterans’ business center established or operated using financial assistance provided under this subsection may not disclose the name, address, or telephone number of any individual or small business concern that receives advice from the veterans’ business center without the consent of the individual or small business concern. CommentsClose CommentsPermalink





‘(B) EXCEPTION- A veterans’ business center may disclose information described in subparagraph (A)-- CommentsClose CommentsPermalink





‘(i) if the Administrator or Associate Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or CommentsClose CommentsPermalink





‘(ii) to the extent that the Administrator or Associate Administrator determines that such a disclosure is necessary to conduct a financial audit of a veterans’ business center. CommentsClose CommentsPermalink





‘(C) ADMINISTRATION USE OF INFORMATION- This paragraph does not-- CommentsClose CommentsPermalink





‘(i) restrict access by the Administrator to program activity data; or CommentsClose CommentsPermalink





‘(ii) prevent the Administrator from using information not described in subparagraph (A) to conduct surveys of individuals or small business concerns that receive advice from a veterans’ business center. CommentsClose CommentsPermalink





‘(D) REGULATIONS- The Administrator shall issue regulations to establish standards for requiring disclosures under subparagraph (B)(ii). CommentsClose CommentsPermalink





‘(12) REPORT- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 60 days after the end of each fiscal year, the Associate Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the effectiveness of the veterans’ business center program in each region during the most recent full fiscal year. CommentsClose CommentsPermalink





‘(B) CONTENTS- Each report under this paragraph shall include, at a minimum, for each veterans’ business center established or operated using financial assistance provided under this subsection-- CommentsClose CommentsPermalink





‘(i) the number of individuals receiving assistance from the veterans’ business center, including the number of such individuals who are-- CommentsClose CommentsPermalink





‘(I) veterans or spouses of veterans; CommentsClose CommentsPermalink





‘(II) service-disabled veterans or spouses of service-disabled veterans; or CommentsClose CommentsPermalink





‘(III) Reservists or spouses of Reservists; CommentsClose CommentsPermalink





‘(ii) the number of startup small business concerns formed by individuals receiving assistance from the veterans’ business center, including-- CommentsClose CommentsPermalink





‘(I) veterans or spouses of veterans; CommentsClose CommentsPermalink





‘(II) service-disabled veterans or spouses of service-disabled veterans; or CommentsClose CommentsPermalink





‘(III) Reservists or spouses of Reservists; CommentsClose CommentsPermalink





‘(iii) the gross receipts of small business concerns that receive advice from the veterans’ business center; CommentsClose CommentsPermalink





‘(iv) the employment increases or decreases of small business concerns that receive advice from the veterans’ business center; CommentsClose CommentsPermalink





‘(v) to the maximum extent practicable, the increases or decreases in profits of small business concerns that receive advice from the veterans’ business center; and CommentsClose CommentsPermalink





‘(vi) the results of the examination of the veterans’ business center under paragraph (10). CommentsClose CommentsPermalink





‘(13) COORDINATION OF EFFORTS AND CONSULTATION- CommentsClose CommentsPermalink





‘(A) COORDINATION AND CONSULTATION- To the extent practicable, the Associate Administrator and each private nonprofit organization that receives financial assistance under this subsection shall-- CommentsClose CommentsPermalink





‘(i) coordinate outreach and other activities with other programs of the Administration and the programs of other Federal agencies; CommentsClose CommentsPermalink





‘(ii) consult with technical representatives of the district offices of the Administration in carrying out activities using financial assistance under this subsection; and CommentsClose CommentsPermalink





‘(iii) provide information to the veterans business ownership representatives designated under subparagraph (B) and coordinate with the veterans business ownership representatives to increase the ability of the veterans business ownership representatives to provide services throughout the area served by the veterans business ownership representatives. CommentsClose CommentsPermalink





‘(B) VETERANS BUSINESS OWNERSHIP REPRESENTATIVES- CommentsClose CommentsPermalink





‘(i) DESIGNATION- The Administrator shall designate not fewer than 1 individual in each district office of the Administration as a veterans business ownership representative, who shall communicate and coordinate activities of the district office with private nonprofit organizations that receive financial assistance under this subsection. CommentsClose CommentsPermalink





‘(ii) INITIAL DESIGNATION- The first individual in each district office of the Administration designated by the Administrator as a veterans business ownership representative under clause (i) shall be an individual that is employed by the Administration on the date of enactment of this subsection. CommentsClose CommentsPermalink





‘(14) EXISTING CONTRACTS- An award of financial assistance under this subsection shall not void any contract between a private nonprofit organization and the Administration that is in effect on the date of such award. CommentsClose CommentsPermalink





‘(h) Authorization of Appropriations- There are authorized to be appropriated-- CommentsClose CommentsPermalink





‘(1) to carry out subsections (a) through (f), $2,000,000 for each of fiscal years 2010 through 2012; and CommentsClose CommentsPermalink





‘(2) to carry out subsection (g)-- CommentsClose CommentsPermalink





‘(A) $8,000,000 for fiscal year 2010; CommentsClose CommentsPermalink





‘(B) $8,500,000 for fiscal year 2011; and CommentsClose CommentsPermalink





‘(C) $9,000,000 for fiscal year 2012.’. CommentsClose CommentsPermalink





(b) GAO Report- CommentsClose CommentsPermalink





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





(A) the term ‘small business concern owned and controlled by veterans’ has the meaning given that term in section 32(g) of the Small Business Act, as added by this section; and CommentsClose CommentsPermalink





(B) the term ‘veterans’ business center program’ means the veterans’ business center program established under section 32(g) of the Small Business Act, as added by this section. CommentsClose CommentsPermalink





(2) REPORT- CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 60 days after the end of the second fiscal year beginning after the date on which the veterans’ business center program is established, the Comptroller General of the United States shall evaluate the effectiveness of the veterans’ business center program, and submit to Congress a report on the results of that evaluation. CommentsClose CommentsPermalink





(B) CONTENTS- The report submitted under subparagraph (A) shall include-- CommentsClose CommentsPermalink





(i) an assessment of-- CommentsClose CommentsPermalink





(I) the use of amounts made available to carry out the veterans’ business center program; CommentsClose CommentsPermalink





(II) the effectiveness of the services provided by each private nonprofit organization receiving financial assistance under the veterans’ business center program; CommentsClose CommentsPermalink





(III) whether the services described in clause (ii) are duplicative of services provided by other veteran service organizations, programs of the Administration, or programs of another Federal department or agency and, if so, recommendations regarding how to alleviate the duplication of the services; and CommentsClose CommentsPermalink





(IV) whether there are areas of the United States in which there are not adequate entrepreneurial services for small business concerns owned and controlled by veterans and, if so, whether there is a veterans’ business center established under the veterans’ business center program providing services to that area; and CommentsClose CommentsPermalink





(ii) recommendations, if any, for improving the veteran’s business center program. CommentsClose CommentsPermalink

SEC. 402. REPORTING REQUIREMENT FOR INTERAGENCY TASK FORCE.

Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(4) REPORT- Not less frequently than twice each year, the Administrator shall submit to Congress a report on the appointments made to and activities of the task force.’. CommentsClose CommentsPermalink

SEC. 403. REPEAL AND RENEWAL OF GRANTS.

(a) Definition- In this section, the term ‘covered grant, contract, or cooperative agreement’ means a grant, contract, or cooperative agreement that was-- CommentsClose CommentsPermalink





(1) made or entered into under section 8(b)(17) of the Small Business Act (15 U.S.C. 637(b)(17)); and CommentsClose CommentsPermalink





(2) in effect on or before the date described in subsection (b)(2). CommentsClose CommentsPermalink





(b) Repeal- CommentsClose CommentsPermalink





(1) IN GENERAL- Section 8(b) of the Small Business Act (15 U.S.C. 637(b)) is amended-- CommentsClose CommentsPermalink





(A) in paragraph (15), by adding ‘and’ at the end; CommentsClose CommentsPermalink





(B) in paragraph (16), by striking ‘; and’ and inserting a period; and CommentsClose CommentsPermalink





(C) by striking paragraph (17). CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect 60 days after the date of enactment of this Act. CommentsClose CommentsPermalink





(c) Transitional Rules- CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provision of law, a covered grant, contract, or cooperative agreement shall remain in full force and effect under the terms, and for the duration, of the covered grant, contract, or agreement. CommentsClose CommentsPermalink





(2) ADDITIONAL REQUIREMENTS- Any organization that was awarded or entered into a covered grant, contract, or cooperative agreement shall be subject to the requirements of section 32(g) of the Small Business Act (15 U.S.C. 657b(g)) (as added by this Act). CommentsClose CommentsPermalink





(d) Renewal of Financial Assistance- An organization that was awarded or entered into a covered grant, contract, or cooperative agreement may apply for a renewal of the grant, contract, or agreement under the terms and conditions described in section 32(g) of the Small Business Act (15 U.S.C. 657b(g)) (as added by this Act). CommentsClose CommentsPermalink

TITLE V--PROGRAM FOR INVESTMENT IN MICROENTREPRENEURS CommentsClose CommentsPermalink

SEC. 501. PRIME REAUTHORIZATION.

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





(1) by redesignating sections 37 through 44 as sections 38 through 45, respectively; and CommentsClose CommentsPermalink





(2) by inserting after section 36 the following: CommentsClose CommentsPermalink

‘SEC. 37. PROGRAM FOR INVESTMENT IN MICROENTREPRENEURS.

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





‘(1) ASSOCIATE ADMINISTRATOR- The term ‘Associate Administrator’ means the Associate Administrator for Entrepreneurial Development of the Administration. CommentsClose CommentsPermalink





‘(2) CAPACITY BUILDING SERVICES- The term ‘capacity building services’ means services provided to an organization that is, or that is in the process of becoming, a microenterprise development organization or program, for the purpose of enhancing the ability of the organization to provide training and services to disadvantaged entrepreneurs. CommentsClose CommentsPermalink





‘(3) COLLABORATIVE- The term ‘collaborative’ means 2 or more nonprofit entities that agree to act jointly as a qualified organization under this section. CommentsClose CommentsPermalink





‘(4) DISADVANTAGED ENTREPRENEUR- The term ‘disadvantaged entrepreneur’ means a microentrepreneur that-- CommentsClose CommentsPermalink





‘(A) is a low-income person; CommentsClose CommentsPermalink





‘(B) is a very low-income person; or CommentsClose CommentsPermalink





‘(C) lacks adequate access to capital or other resources essential for business success, or is economically disadvantaged, as determined by the Administrator. CommentsClose CommentsPermalink





‘(5) DISADVANTAGED NATIVE AMERICAN ENTREPRENEUR- The term ‘disadvantaged Native American entrepreneur’ means a disadvantaged entrepreneur who is also a member of an Indian Tribe. CommentsClose CommentsPermalink





‘(6) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). CommentsClose CommentsPermalink





‘(7) INTERMEDIARY- The term ‘intermediary’ means a private, nonprofit entity that seeks to serve microenterprise development organizations and programs, as authorized under subsection (d). CommentsClose CommentsPermalink





‘(8) LOW-INCOME PERSON- The term ‘low-income person’ means a person having an income, adjusted for family size, of not more than-- CommentsClose CommentsPermalink





‘(A) for metropolitan areas, 80 percent of the area median income; and CommentsClose CommentsPermalink





‘(B) for nonmetropolitan areas, the greater of-- CommentsClose CommentsPermalink





‘(i) 80 percent of the area median income; or CommentsClose CommentsPermalink





‘(ii) 80 percent of the statewide nonmetropolitan area median income. CommentsClose CommentsPermalink





‘(9) MICROENTREPRENEUR- The term ‘microentrepreneur’ means the owner or developer of a microenterprise. CommentsClose CommentsPermalink





‘(10) MICROENTERPRISE- The term ‘microenterprise’ means a sole proprietorship, partnership, or corporation that-- CommentsClose CommentsPermalink





‘(A) has not more than 4 employees; and CommentsClose CommentsPermalink





‘(B) generally lacks access to conventional loans, equity, or other banking services. CommentsClose CommentsPermalink





‘(11) MICROENTERPRISE DEVELOPMENT ORGANIZATION OR PROGRAM- The term ‘microenterprise development organization or program’ means a nonprofit entity, or a program administered by such an entity, including community development corporations or other nonprofit development organizations and social service organizations, that provides services to disadvantaged entrepreneurs. CommentsClose CommentsPermalink





‘(12) TRAINING AND TECHNICAL ASSISTANCE- The term ‘training and technical assistance’ means services and support provided to disadvantaged entrepreneurs, such as assistance for the purpose of enhancing business planning, marketing, management, financial management skills, and assistance for the purpose of accessing financial services. CommentsClose CommentsPermalink





‘(13) QUALIFIED ORGANIZATION- The term ‘qualified organization’ means-- CommentsClose CommentsPermalink





‘(A) a nonprofit microenterprise development organization or program (or a group or collaborative thereof) that has a demonstrated record of delivering microenterprise services to disadvantaged entrepreneurs; CommentsClose CommentsPermalink





‘(B) an intermediary; CommentsClose CommentsPermalink





‘(C) a microenterprise development organization or program that is-- CommentsClose CommentsPermalink





‘(i) accountable to a local community; and CommentsClose CommentsPermalink





‘(ii) working in conjunction with a State or local government or Indian tribe; or CommentsClose CommentsPermalink





‘(D) an Indian tribe acting on its own, if the Indian tribe certifies that no private organization or program referred to in this paragraph exists within its jurisdiction. CommentsClose CommentsPermalink





‘(14) VERY LOW-INCOME PERSON- The term ‘very low-income person’ means an individual having an income, adjusted for family size, of not more than 150 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section). CommentsClose CommentsPermalink





‘(b) Establishment of Program- The Associate Administrator shall establish a microenterprise training and technical assistance and capacity building services grant program to provide grants to qualified organizations in accordance with this section. CommentsClose CommentsPermalink





‘(c) Uses of Assistance- A qualified organization shall use a grant made under this section-- CommentsClose CommentsPermalink





‘(1) to provide training and technical assistance to disadvantaged entrepreneurs; CommentsClose CommentsPermalink





‘(2) to provide training and technical assistance and capacity building services to microenterprise development organizations and programs and groups of such organizations and programs to assist such organizations and programs in developing microenterprise training and services; CommentsClose CommentsPermalink





‘(3) to aid in researching and developing the best practices in the field of microenterprise and training and technical assistance programs for disadvantaged entrepreneurs; CommentsClose CommentsPermalink





‘(4) to provide training and technical assistance to disadvantaged Native American entrepreneurs and prospective disadvantaged Native American entrepreneurs; and CommentsClose CommentsPermalink





‘(5) for such other activities as the Associate Administrator determines are consistent with the purposes of this section. CommentsClose CommentsPermalink





‘(d) Allocation of Grants; Subgrants- CommentsClose CommentsPermalink





‘(1) ALLOCATION OF GRANTS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Associate Administrator shall allocate assistance from the Administration under this section to ensure that-- CommentsClose CommentsPermalink





‘(i) not less than 75 percent of amounts made available to the Administrator for grants under this section are used for activities described in subsection (c)(1); and CommentsClose CommentsPermalink





‘(ii) not less than 15 percent of amounts made available to the Administrator for grants under this section are used for activities described in subsection (c)(2). CommentsClose CommentsPermalink





‘(B) LIMIT ON INDIVIDUAL ASSISTANCE- No single person may receive more than 10 percent of the total amounts made available for grants under this section for a single fiscal year. CommentsClose CommentsPermalink





‘(2) TARGETED ASSISTANCE- The Associate Administrator shall ensure that not less than 50 percent of the total amounts made available for grants under this section are used to benefit very low-income persons, including very low-income persons residing on Indian reservations. CommentsClose CommentsPermalink





‘(3) SUBGRANTS AUTHORIZED- CommentsClose CommentsPermalink





‘(A) IN GENERAL- A qualified organization receiving a grant under this section may provide subgrants using that grant to qualified organizations that are small or emerging microenterprises and programs, subject to such rules and regulations as the Associate Administrator determines are appropriate. CommentsClose CommentsPermalink





‘(B) LIMIT ON ADMINISTRATIVE EXPENSES- Not more than 7.5 percent of the amount received by a qualified organization under a grant under this section may be used for administrative expenses in connection with the making of subgrants under subparagraph (A). CommentsClose CommentsPermalink





‘(4) DIVERSITY- In making grants under this section, the Associate Administrator shall ensure that grant recipients include both large and small microenterprise organizations that serve urban, rural, and Indian tribal communities and diverse populations. CommentsClose CommentsPermalink





‘(5) PROHIBITION ON PREFERENTIAL CONSIDERATION OF CERTAIN ADMINISTRATION PROGRAM PARTICIPANTS- In making grants under this section, the Associate Administrator shall ensure that any application made by a qualified organization that is a participant in the program established under section 7(m) does not receive preferential consideration over applications from other qualified organizations that are not participants in the program. CommentsClose CommentsPermalink





‘(e) Federal Share- CommentsClose CommentsPermalink





‘(1) IN GENERAL- A qualified organization that receives a grant under this section shall provide non-Federal contributions to carry out the activities described in subsection (c) in an amount equal to not less than 50 percent of the amount of the grant received under this section. CommentsClose CommentsPermalink





‘(2) SOURCES OF NON-FEDERAL SHARE- The non-Federal share of the cost of a project using a grant under this section may be in the form of fees, grants, gifts, funds from loan sources, or in-kind resources of an applicant from public or private sources. CommentsClose CommentsPermalink





‘(3) EXCEPTION- CommentsClose CommentsPermalink





‘(A) IN GENERAL- If the Associate Administrator determines that an applicant for assistance under this section has severe constraints on available sources of non-Federal funds, the Associate Administrator may reduce or eliminate the requirement under paragraph (1). CommentsClose CommentsPermalink





‘(B) LIMITATION- Not more than 10 percent of the total funds made available from the Administration in any fiscal year to carry out this section may be excepted under subparagraph (A) from the requirement under paragraph (1). CommentsClose CommentsPermalink





‘(f) Applications for Assistance- An application for a grant under this section shall be submitted in such form and in accordance with such procedures as the Associate Administrator shall establish. CommentsClose CommentsPermalink





‘(g) Recordkeeping and Reporting- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each qualified organization that receives a grant under this section shall-- CommentsClose CommentsPermalink





‘(A) submit to the Administration not less frequently than once every 18-month period, financial statements audited by an independent certified public accountant; CommentsClose CommentsPermalink





‘(B) submit an annual report to the Administration on the activities of the qualified organization; and CommentsClose CommentsPermalink





‘(C) keep such records as the Associate Administrator determines are necessary to disclose the manner in which amounts made available under a grant under this section are used. CommentsClose CommentsPermalink





‘(2) ACCESS- Upon the request of the Associate Administrator, the Associate Administrator shall have access to any record of any qualified organization that receives a grant under this section, for the purpose of determining compliance with this section. CommentsClose CommentsPermalink





‘(3) DATA COLLECTION- Each qualified organization that receives a grant under this section shall collect information relating to, as applicable-- CommentsClose CommentsPermalink





‘(A) the number of individuals counseled or trained by the organization; CommentsClose CommentsPermalink





‘(B) the number of hours of counseling provided by the organization; CommentsClose CommentsPermalink





‘(C) the number of startup small business concerns formed with the assistance of the organization; CommentsClose CommentsPermalink





‘(D) the number of small business concerns expanded with the assistance of the organization; CommentsClose CommentsPermalink





‘(E) the number of low-income individuals counseled or trained by the organization; and CommentsClose CommentsPermalink





‘(F) the number of very low-income individuals counseled or trained by the organization. CommentsClose CommentsPermalink





‘(h) Authorization of Appropriations- CommentsClose CommentsPermalink





‘(1) IN GENERAL- There are authorized to be appropriated to the Administrator $15,000,000 for each of fiscal years 2010 through 2012 to carry out this section, which shall remain available until expended. CommentsClose CommentsPermalink





‘(2) CERTAIN PROGRAMS- In addition to the amount authorized under paragraph (1), there are authorized to be appropriated to the Administrator $2,000,000 for each of fiscal years 2010 through 2012 to carry out subsection (c)(4), which shall remain available until expended.’. CommentsClose CommentsPermalink

SEC. 502. CONFORMING REPEAL AND AMENDMENTS.

(a) Conforming Repeal- Subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901 et seq.) is repealed. CommentsClose CommentsPermalink





(b) Conforming Amendments- The Small Business Act (15 U.S.C. 631 et seq.) is amended-- CommentsClose CommentsPermalink





(1) in section 38(d) (15 U.S.C. 657i(d)), as so redesignated, by striking ‘section 43’ and inserting ‘section 44’; CommentsClose CommentsPermalink





(2) in section 41(d) (15 U.S.C. 657l(d)), as so redesignated, by striking ‘section 43’ and inserting ‘section 44’; and CommentsClose CommentsPermalink





(3) in section 42(b) (15 U.S.C. 657m(b)), as so redesignated, by striking ‘section 43’ and inserting ‘section 44’. CommentsClose CommentsPermalink

SEC. 503. REFERENCES.

All references in Federal law, other than section 504 of this Act, to the ‘Program for Investment in Microentrepreneurs Act of 1999’ or the ‘PRIME Act’ shall be deemed to be references to section 37 of the Small Business Act, as added by this Act. CommentsClose CommentsPermalink

SEC. 504. RULE OF CONSTRUCTION.

Nothing in this title or the amendments made by this title shall affect any grant or assistance provided under the Program for Investment in Microentrepreneurs Act of 1999 (15 U.S.C. 6901 et seq.), before the date of enactment of this Act, and any such grant or assistance shall be subject to the Program for Investment in Microentrepreneurs Act of 1999, as in effect on the day before the date of enactment of this Act. CommentsClose CommentsPermalink

TITLE VI--OTHER PROVISIONS CommentsClose CommentsPermalink

SEC. 601. INSTITUTIONS OF HIGHER EDUCATION.

(a) In General- Section 21(a)(1) of the Small Business Act (15 U.S.C. 648(a)(1)) is amended by striking ‘: Provided, That’ and all that follows through ‘on such date.’ and inserting the following: ‘. On and after December 31, 2010, the Administration may only make a grant under this paragraph to an applicant that is an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) that is accredited (and not merely in preaccreditation status) by a nationally recognized accrediting agency or association, recognized by the Secretary of Education for such purpose in accordance with section 496 of that Act (20 U.S.C. 1099b), or to a women’s business center operating pursuant to section 29 as a small business development center, unless the applicant was receiving financial assistance (including a contract or cooperative agreement) on December 31, 2010.’. CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect on December 31, 2010. CommentsClose CommentsPermalink

SEC. 602. HEALTH INSURANCE OPTIONS INFORMATION FOR SMALL BUSINESS CONCERNS.

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





(1) the term ‘grant program’ means the small business health insurance information grant program established under subsection (b)(1); and CommentsClose CommentsPermalink





(2) the term ‘resource partner’ means-- CommentsClose CommentsPermalink





(A) the association of small business development centers authorized to be established under section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)); CommentsClose CommentsPermalink





(B) the Association of Women’s Business Centers; CommentsClose CommentsPermalink





(C) the Service Corps of Retired Executives authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)); and CommentsClose CommentsPermalink





(D) 1 veterans business center (as that term is used in section 32(g) of the Small Business Act (15 U.S.C. 657b(g)), as added by this Act), as determined by the Associate Administrator for Entrepreneurial Development. CommentsClose CommentsPermalink





(b) Small Business Health Insurance Information Program- CommentsClose CommentsPermalink





(1) PROGRAM ESTABLISHED- The Administrator, acting through the Associate Administrator for Entrepreneurial Development, shall establish a program to make grants to resource partners to provide neutral and objective information and educational materials regarding health insurance options, including coverage options within the small group market, to small business concerns. CommentsClose CommentsPermalink





(2) GRANT RECIPIENTS- The Associate Administrator for Entrepreneurial Development shall make 1 grant to each of the resource partners. CommentsClose CommentsPermalink





(3) GRANT AMOUNTS- The grants made under this section shall-- CommentsClose CommentsPermalink





(A) be made from funds appropriated to the Administrator to carry out the activities of the Office of Entrepreneurial Development; and CommentsClose CommentsPermalink





(B) not exceed a total amount of $5,000,000. CommentsClose CommentsPermalink





(4) CONTRACT- As a condition of receiving a grant under this section, each resource partner shall agree, by contract with the Administration-- CommentsClose CommentsPermalink





(A) to begin to use the funds in accordance with paragraph (5) not later than 1 year after the date on which the resource partner receives the grant; and CommentsClose CommentsPermalink





(B) to return any funds that have not been used, if the Administrator determines that the resource partner is not carrying out the grant program activities under paragraph (5)(A). CommentsClose CommentsPermalink





(5) USE OF FUNDS- CommentsClose CommentsPermalink





(A) GRANT PROGRAM ACTIVITIES- A resource partner shall use funds provided under the grant program to create, in consultation with the Associate Administrator for Entrepreneurial Development of the Administration-- CommentsClose CommentsPermalink





(i) an online training program; CommentsClose CommentsPermalink





(ii) an online repository of health insurance information relevant to small business concerns; CommentsClose CommentsPermalink





(iii) a counseling curriculum that can be used in the physical location of the resource partner; and CommentsClose CommentsPermalink





(iv) materials containing relevant information that can be disbursed to owners of small business concerns throughout the country. CommentsClose CommentsPermalink





(B) CONTENT OF MATERIALS- CommentsClose CommentsPermalink





(i) IN GENERAL- In creating materials under the grant program, a resource partner shall evaluate and incorporate relevant portions of existing informational materials regarding health insurance options, including materials and resources developed by the National Association of Insurance Commissioners, the Kaiser Family Foundation, and the Healthcare Leadership Council. CommentsClose CommentsPermalink





(ii) HEALTH INSURANCE OPTIONS- In incorporating information regarding health insurance options under clause (i), a resource partner shall provide neutral and objective information regarding health insurance options in the geographic area served by the resource partner, including traditional employer sponsored health insurance for the group insurance market, such as the health insurance options described in section 2791 of the Public Health Services Act (42 U.S.C. 300gg-91) or section 125 of the Internal Revenue Code of 1986, and Federal and State health insurance programs. CommentsClose CommentsPermalink





(c) Review and Report- CommentsClose CommentsPermalink





(1) REVIEW OF GRANT PROGRAM- The Associate Administrator for Entrepreneurial Development shall conduct a review of the effectiveness of the grant program. CommentsClose CommentsPermalink





(2) REPORT- Not later than 2 years after the date on which all grants under the grant program are disbursed, the Associate Administrator for Entrepreneurial Development 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 results of the review under paragraph (1). CommentsClose CommentsPermalink

SEC. 603. NATIONAL SMALL BUSINESS DEVELOPMENT CENTER ADVISORY BOARD.

(a) In General- Section 21(i)(1) of the Small Business Act (15 U.S.C. 648(i)(1)) is amended-- CommentsClose CommentsPermalink





(1) in the first sentence, by striking ‘nine members’ and inserting ‘10 members’; CommentsClose CommentsPermalink





(2) in the second sentence, by striking ‘six’ and inserting ‘the members who are not from universities or their affiliates’; CommentsClose CommentsPermalink





(3) by striking the third sentence; and CommentsClose CommentsPermalink





(4) in the fourth sentence, by inserting ‘not less than’ before ‘one-third’. CommentsClose CommentsPermalink





(b) Incumbents- An individual serving as a member of the Board on the date of enactment of this Act may continue to serve on the Board until the end of the term of the member under section 21(i)(1) of the Small Business Act (15 U.S.C. 648(i)(1)), as in effect on the day before such date of enactment. CommentsClose CommentsPermalink

SEC. 604. PRIVACY REQUIREMENTS FOR SCORE CHAPTERS.

Section 8 of the Small Business Act (15 U.S.C. 637) is amended by striking subsection (c) and inserting the following: CommentsClose CommentsPermalink





‘(c) Privacy Requirements- CommentsClose CommentsPermalink





‘(1) IN GENERAL- A chapter of the SCORE program authorized by subsection (b)(1) or an agent of such a chapter may not disclose the name, address, or telephone number of any individual or small business concern receiving assistance from that chapter or agent without the consent of such individual or small business concern, unless-- CommentsClose CommentsPermalink





‘(A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or CommentsClose CommentsPermalink





‘(B) the Administrator determines such a disclosure to be necessary for the purpose of conducting a financial audit of a chapter of the SCORE program authorized by subsection (b)(1), in which case disclosure shall be limited to the information necessary for such audit. CommentsClose CommentsPermalink





‘(2) ADMINISTRATOR USE OF INFORMATION- This subsection shall not-- CommentsClose CommentsPermalink





‘(A) restrict the access of the Administrator to program activity data; or CommentsClose CommentsPermalink





‘(B) prevent the Administrator from using client information to conduct client surveys. CommentsClose CommentsPermalink





‘(3) REGULATIONS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Administrator shall issue regulations to establish standards-- CommentsClose CommentsPermalink





‘(i) for disclosures with respect to financial audits under paragraph (1)(B); and CommentsClose CommentsPermalink





‘(ii) for client surveys under paragraph (2)(B), including standards for oversight of such surveys and for dissemination and use of client information. CommentsClose CommentsPermalink





‘(B) MAXIMUM PRIVACY PROTECTION- Regulations under this paragraph shall, to the extent practicable, provide for the maximum amount of privacy protection. CommentsClose CommentsPermalink





‘(C) INSPECTOR GENERAL- Until the effective date of regulations under this paragraph, any client survey and the use of such information shall be approved by the Inspector General of the Administration who shall include such approval in the semi-annual report of the Inspector General.’. CommentsClose CommentsPermalink

SEC. 605. NATIONAL SMALL BUSINESS SUMMIT.

(a) In General- Not later than December 31, 2012, the President shall convene a National Small Business Summit to examine the present conditions and future of the community of small business concerns in the United States. The summit shall include owners of small business concerns, representatives of small business groups, labor, academia, the Federal Government, State governments, Indian tribes, Federal research and development agencies, and nonprofit policy groups concerned with the issues of small business concerns. CommentsClose CommentsPermalink





(b) Report- Not later than 90 days after the date of the conclusion of the summit convened under subsection (a), the President shall issue a report on the results of the summit. The report shall identify key challenges and make recommendations for promoting entrepreneurship and the growth of small business concerns. CommentsClose CommentsPermalink

SEC. 606. SCORE PROGRAM.

(a) In General- Section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)) is amended by striking ‘a Service Corps of Retired Executives (SCORE)’ and inserting ‘the SCORE’. CommentsClose CommentsPermalink





(b) Technical and Conforming Amendments- CommentsClose CommentsPermalink





(1) IN GENERAL- The Small Business Act (15 U.S.C. 631 et seq.) is amended-- CommentsClose CommentsPermalink





(A) in section 7(m)(3)(A)(i)(VIII), by striking ‘Service Corps of Retired Executives’ and inserting ‘SCORE’; and CommentsClose CommentsPermalink





(B) in section 33(b)(2), by striking ‘Service Corps of Retired Executives’ and inserting ‘SCORE’. CommentsClose CommentsPermalink





(2) OTHER LAW- Section 337(d)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6307(d)(2)) is amended by striking ‘Service Corps of Retired Executives (SCORE)’ and inserting ‘SCORE’. CommentsClose CommentsPermalink





(c) References- Any reference to the Service Corps of Retired Executives established under section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)), as in effect on the day before the date of enactment of this Act, in any law, rule, regulation, certificate, directive, instruction, or other official paper shall be considered to refer to the SCORE established under section 8(b)(1)(B) of the Small Business Act, as amended by this Act. CommentsClose CommentsPermalink

SEC. 607. ASSISTANCE TO OUT-OF-STATE SMALL BUSINESSES.

Section 21(b)(3) of the Small Business Act (15 U.S.C. 648(b)(3)) is amended-- CommentsClose CommentsPermalink





(1) by striking ‘(3) At the discretion’ and inserting the following: CommentsClose CommentsPermalink





‘(3) Assistance to Out-of-Sstate Small Businesses- CommentsClose CommentsPermalink





‘(A) IN GENERAL- At the discretion’; and CommentsClose CommentsPermalink





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





‘(B) DISASTER RECOVERY ASSISTANCE- CommentsClose CommentsPermalink





‘(i) IN GENERAL- At the discretion of the Administrator, the Administrator may authorize a small business development center to provide assistance, as described in subsection (c), to small business concerns located outside of the State, without regard to geographic proximity, if the small business concerns are located in an area for which the President has declared a major disaster, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), during the period of the declaration. CommentsClose CommentsPermalink





‘(ii) CONTINUITY OF SERVICES- A small business development center that provides counselors to an area described in clause (i) shall, to the maximum extent practicable, ensure continuity of services in any State in which the small business development center otherwise provides services. CommentsClose CommentsPermalink





‘(iii) ACCESS TO DISASTER RECOVERY FACILITIES- For purposes of this subparagraph, the Administrator shall, to the maximum extent practicable, permit the personnel of a small business development center to use any site or facility designated by the Administrator for use to provide disaster recovery assistance.’. CommentsClose CommentsPermalink

SEC. 608. SMALL BUSINESS DEVELOPMENT CENTERS.

(a) Portability Grants- Section 21(a)(4)(C)(viii) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(viii)) is amended-- CommentsClose CommentsPermalink





(1) in the first sentence-- CommentsClose CommentsPermalink





(A) by striking ‘From the funds appropriated pursuant to clause (vii)’ and inserting ‘Of the amounts made available to carry out this subparagraph in each fiscal year’; and CommentsClose CommentsPermalink





(B) by striking ‘as a result of a business or government facility down sizing or closing, which has resulted in the loss of jobs or small business instability’ and inserting ‘due to events that have resulted or will result in, the downsizing or closing of a business or government facility’; and CommentsClose CommentsPermalink





(2) by adding at the end ‘The Administrator may make a grant under this clause that exceeds $100,000 to accommodate extraordinary events that the Administrator determines have had a catastrophic impact on small business concerns in a community.’. CommentsClose CommentsPermalink





(b) Purposes- Section 21(a)(1) of the Small Business Act (15 U.S.C. 648(a)(1)) is amended in the first sentence by adding ‘regulatory compliance and’ after ‘counseling concerning’. CommentsClose CommentsPermalink

SEC. 609. EVALUATION OF PILOT PROGRAMS.

(a) In General- Not later than 30 months after the date of disbursement of the first grant under a covered pilot program, 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 evaluating the covered pilot program, including recommendations, if any, on possible improvements or modifications to the covered pilot program, including the feasibility of extending the covered pilot program to all small business development centers. CommentsClose CommentsPermalink





(b) Definition of Covered Pilot Program- In this section, the term ‘covered pilot program’ means a pilot program relating to small business development centers established under this Act or an amendment made by this Act. CommentsClose CommentsPermalink