U.S. Congress - Text of S.3442 as Introduced in Senate SUCCESS Act of 2012
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Donate NowS.3442 - SUCCESS Act of 2012
A bill to provide tax incentives for small businesses, improve programs of the Small Business Administration, and for other purposes.
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S 3442 ISCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3442CommentsClose CommentsPermalink
To provide tax incentives for small businesses, improve programs of the Small Business Administration, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
July 25, 2012CommentsClose CommentsPermalink
July 25, 2012CommentsClose CommentsPermalink
Ms. LANDRIEU introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To provide tax incentives for small businesses, improve 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 ‘Success Ultimately Comes from Capital, Contracting, Education, Strategic Partnerships, and Smart Regulations Act of 2012’ or the ‘SUCCESS Act of 2012’.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
TITLE I--SMALL BUSINESS TAX EXTENDERS
Sec. 101. References.CommentsClose CommentsPermalink
Sec. 102. Extension of temporary exclusion of 100 percent of gain on certain small business stock.CommentsClose CommentsPermalink
Sec. 103. Extension of increased amount allowed as a deduction for start-up expenditures.CommentsClose CommentsPermalink
Sec. 104. Extension of reduction in recognition period for built-in gains tax.CommentsClose CommentsPermalink
Sec. 105. Extension of 5-year carryback of general business credits of eligible small businesses.CommentsClose CommentsPermalink
Sec. 106. Extension of increased expensing limitations and treatment of certain real property as section 179 property.CommentsClose CommentsPermalink
TITLE II--ACCESS TO CAPITAL
Subtitle A--Expanding Access to Capital for Entrepreneurial Leaders
Sec. 211. Short title.CommentsClose CommentsPermalink
Sec. 212. Program authorization.CommentsClose CommentsPermalink
Sec. 213. Family of funds.CommentsClose CommentsPermalink
Sec. 214. Adjustment for inflation.CommentsClose CommentsPermalink
Sec. 215. Public availability of information.CommentsClose CommentsPermalink
Sec. 216. Authorized uses of licensing fees.CommentsClose CommentsPermalink
Sec. 217. Sense of Congress.CommentsClose CommentsPermalink
Subtitle B--Low-Interest Refinancing
Sec. 221. Low-interest refinancing under the local development business loan program.CommentsClose CommentsPermalink
Subtitle C--SBA Lender Activity Index
Sec. 231. SBA lender activity index.CommentsClose CommentsPermalink
TITLE III--ACCESS TO GLOBAL MARKETS
Sec. 301. Short title.CommentsClose CommentsPermalink
Sec. 302. Report on improvements to Export.gov as a single window for export information.CommentsClose CommentsPermalink
Sec. 303. Report on developing a single window for information about export control compliance.CommentsClose CommentsPermalink
Sec. 304. Promotion of exporting.CommentsClose CommentsPermalink
Sec. 305. Export control education.CommentsClose CommentsPermalink
Sec. 306. Small Business Inter-Agency Task Force on Export Financing.CommentsClose CommentsPermalink
Sec. 307. Promotion of exports by rural small businesses.CommentsClose CommentsPermalink
Sec. 308. Registry of export management and export trading companies.CommentsClose CommentsPermalink
Sec. 309. Reverse trade missions.CommentsClose CommentsPermalink
Sec. 310. State Trade and Export Promotion Grant Program.CommentsClose CommentsPermalink
Sec. 311. Promotion of interagency details.CommentsClose CommentsPermalink
Sec. 312. Annual export strategy.CommentsClose CommentsPermalink
TITLE IV--ACCESS TO MENTORING, EDUCATION, AND STRATEGIC PARTNERSHIPS
Subtitle A--Measuring the Effectiveness of Resource Partners
Sec. 411. Expanding entrepreneurship.CommentsClose CommentsPermalink
Subtitle B--Women’s Small Business Ownership
Sec. 421. Short title.CommentsClose CommentsPermalink
Sec. 422. Definition.CommentsClose CommentsPermalink
Sec. 423. Office of Women’s Business Ownership.CommentsClose CommentsPermalink
Sec. 424. Women’s Business Center Program.CommentsClose CommentsPermalink
Sec. 425. Study and report on economic issues facing women’s business centers.CommentsClose CommentsPermalink
Sec. 426. Study and report on oversight of women’s business centers.CommentsClose CommentsPermalink
Subtitle C--Strengthening America’s Small Business Development Centers
Sec. 431. Institutions of higher education.CommentsClose CommentsPermalink
Sec. 432. Updating funding levels for small business development centers.CommentsClose CommentsPermalink
Sec. 433. Assistance to out-of-state small businesses.CommentsClose CommentsPermalink
Sec. 434. Termination of small business development center defense economic transition assistance.CommentsClose CommentsPermalink
Sec. 435. National Small Business Development Center Advisory Board.CommentsClose CommentsPermalink
Sec. 436. Repeal of Paul D. Coverdell drug-free workplace program.CommentsClose CommentsPermalink
Subtitle D--Terminating the National Veterans Business Development Corporation
Sec. 441. National Veterans Business Development Corporation.CommentsClose CommentsPermalink
TITLE V--ACCESS TO GOVERNMENT CONTRACTING
Subtitle A--Bonds
Sec. 511. Removal of sunset dates for certain provisions of the Small Business Investment Act of 1958.CommentsClose CommentsPermalink
Subtitle B--Small Business Contracting Fraud Prevention
Sec. 521. Short title.CommentsClose CommentsPermalink
Sec. 522. Definitions.CommentsClose CommentsPermalink
Sec. 523. Fraud deterrence at the Small Business Administration.CommentsClose CommentsPermalink
Sec. 524. Veterans integrity in contracting.CommentsClose CommentsPermalink
Sec. 525. Section 8(a) program improvements.CommentsClose CommentsPermalink
Sec. 526. HUBZone improvements.CommentsClose CommentsPermalink
Sec. 527. Annual report on suspension, debarment, and prosecution.CommentsClose CommentsPermalink
Subtitle C--Fairness in Women-Owned Small Business Contracting
Sec. 531. Short title.CommentsClose CommentsPermalink
Sec. 532. Procurement program for women-owned small business concerns.CommentsClose CommentsPermalink
Sec. 533. Study and report on representation of women.CommentsClose CommentsPermalink
Subtitle D--Small Business Champion
Sec. 541. Short title.CommentsClose CommentsPermalink
Sec. 542. Offices of Small and Disadvantaged Business Utilization.CommentsClose CommentsPermalink
Sec. 543. Small Business Procurement Advisory Council.CommentsClose CommentsPermalink
TITLE VI--TRANSPARENCY, ACCOUNTABILITY, AND EFFECTIVENESS
Subtitle A--Small Business Common Application
Sec. 611. Definitions.CommentsClose CommentsPermalink
Sec. 612. Sense of Congress.CommentsClose CommentsPermalink
Sec. 613. Executive Committee On a Small Business Common Application.CommentsClose CommentsPermalink
Sec. 614. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Government Accountability Office Review
Sec. 621. Government Accountability Office review.CommentsClose CommentsPermalink
TITLE I--SMALL BUSINESS TAX EXTENDERSCommentsClose CommentsPermalink
TITLE I--SMALL BUSINESS TAX EXTENDERSCommentsClose CommentsPermalink
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
SEC. 102. EXTENSION OF TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL BUSINESS STOCK.
(a) In General- Paragraph (4) of section 1202(a) is amended--CommentsClose CommentsPermalink
(1) by striking ‘January 1, 2012’ and inserting ‘January 1, 2014’, andCommentsClose CommentsPermalink
(2) by striking ‘AND 2011’ and inserting ‘, 2011, 2012, AND 2013’ in the heading thereof.CommentsClose CommentsPermalink
(b) Technical Amendments-CommentsClose CommentsPermalink
(1) SPECIAL RULE FOR 2009 AND CERTAIN PERIOD IN 2010- Paragraph (3) of section 1202(a) is amended by adding at the end the following new flush sentence:CommentsClose CommentsPermalink
‘In the case of any stock which would be described in the preceding sentence (but for this sentence), the acquisition date for purposes of this subsection shall be the first day on which such stock was held by the taxpayer determined after the application of section 1223.’.CommentsClose CommentsPermalink
(2) 100 PERCENT EXCLUSION- Paragraph (4) of section 1202(a) is amended by adding at the end the following new flush sentence:CommentsClose CommentsPermalink
‘In the case of any stock which would be described in the preceding sentence (but for this sentence), the acquisition date for purposes of this subsection shall be the first day on which such stock was held by the taxpayer determined after the application of section 1223.’.CommentsClose CommentsPermalink
(c) Effective Dates-CommentsClose CommentsPermalink
(1) IN GENERAL- The amendments made by subsection (a) shall apply to stock acquired after December 31, 2011.CommentsClose CommentsPermalink
(2) SUBSECTION (b)(1)- The amendment made by subsection (b)(1) shall take effect as if included in section 1241(a) of division B of the American Recovery and Reinvestment Act of 2009.CommentsClose CommentsPermalink
(3) SUBSECTION (b)(2)- The amendment made by subsection (b)(2) shall take effect as if included in section 2011(a) of the Creating Small Business Jobs Act of 2010.CommentsClose CommentsPermalink
SEC. 103. EXTENSION OF INCREASED AMOUNT ALLOWED AS A DEDUCTION FOR START-UP EXPENDITURES.
(a) In General- Paragraph (3) of section 195(b) is amended--CommentsClose CommentsPermalink
(1) by inserting ‘, 2012, or 2013’ after ‘2010’, andCommentsClose CommentsPermalink
(2) by inserting ‘2012, AND 2013’ in the heading thereof.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011.CommentsClose CommentsPermalink
SEC. 104. EXTENSION OF REDUCTION IN RECOGNITION PERIOD FOR BUILT-IN GAINS TAX.
(a) In General- Paragraph (7) of section 1374(d) is amended--CommentsClose CommentsPermalink
(1) by redesignating subparagraph (C) as subparagraph (D), andCommentsClose CommentsPermalink
(2) by inserting after subparagraph (B) the following new subparagraph:CommentsClose CommentsPermalink
‘(C) SPECIAL RULE FOR 2012 AND 2013- For dispositions of property in taxable years beginning in 2012 or 2013, subparagraphs (A) and (D) shall be applied by substituting ‘5-year’ for ‘10-year’.’.CommentsClose CommentsPermalink
(b) Technical Amendment- Subparagraph (B) of section 1374(d)(2) is amended by inserting ‘described in subparagraph (A)’ after ‘, for any taxable year’.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2011.CommentsClose CommentsPermalink
SEC. 105. EXTENSION OF 5-YEAR CARRYBACK OF GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES.
(a) In General- Subparagraph (A) of section 39(a)(4) is amended by inserting ‘or in taxable years beginning in 2012, or 2013’ after ‘2010’.CommentsClose CommentsPermalink
(b) Technical Amendment- Section 38(c)(5)(B) is amended--CommentsClose CommentsPermalink
(1) by striking ‘the sum of’, andCommentsClose CommentsPermalink
(2) by inserting ‘for any taxable year to which subparagraph (A) applies’ after ‘or (4)’.CommentsClose CommentsPermalink
(c) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- The amendment made by subsection (a) shall apply to credits determined in taxable years beginning after December 31, 2011.CommentsClose CommentsPermalink
(2) TECHNICAL AMENDMENTS- The amendments made by subsection (b) shall take effect as if included in section 2013(a) of the Creating Small Business Jobs Act of 2010.CommentsClose CommentsPermalink
SEC. 106. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND TREATMENT OF CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY.
(a) In General-CommentsClose CommentsPermalink
(1) DOLLAR LIMITATION- Section 179(b)(1) is amended--CommentsClose CommentsPermalink
(A) by striking ‘and’ at the end of subparagraph (C),CommentsClose CommentsPermalink
(B) by redesignating subparagraph (D) as subparagraph (E),CommentsClose CommentsPermalink
(C) by inserting after subparagraph (C) the following new subparagraph:CommentsClose CommentsPermalink
‘(D) $500,000 in the case of taxable years beginning in 2013, and’, andCommentsClose CommentsPermalink
(D) in subparagraph (E), as so redesignated, by striking ‘2012’ and inserting ‘2013’.CommentsClose CommentsPermalink
(2) REDUCTION IN LIMITATION- Section 179(b)(2) is amended--CommentsClose CommentsPermalink
(A) by striking ‘and’ at the end of subparagraph (C),CommentsClose CommentsPermalink
(B) by redesignating subparagraph (D) as subparagraph (E),CommentsClose CommentsPermalink
(C) by inserting after subparagraph (C) the following new subparagraph:CommentsClose CommentsPermalink
‘(D) $2,000,000 in the case of taxable years beginning in 2013, and’, andCommentsClose CommentsPermalink
(D) in subparagraph (E), as so redesignated, by striking ‘2012’ and inserting ‘2013’.CommentsClose CommentsPermalink
(b) Computer Software- Section 179(d)(1)(A)(ii) is amended by striking ‘2013’ and inserting ‘2014’.CommentsClose CommentsPermalink
(c) Election- Section 179(c)(2) is amended by striking ‘2013’ and inserting ‘2014’.CommentsClose CommentsPermalink
(d) Special Rules for Treatment of Qualified Real Property-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 179(f)(1) is amended by striking ‘2010 or 2011’ and inserting ‘2010, 2011, or 2013’.CommentsClose CommentsPermalink
(2) CARRYOVER LIMITATION- Section 179(f)(4) is amended by striking subparagraphs (A) through (C) and inserting the following:CommentsClose CommentsPermalink
‘(A) IN GENERAL- Notwithstanding subsection (b)(3)(B)--CommentsClose CommentsPermalink
‘(i) no amount attributable to qualified real property placed in service in any taxable year beginning in 2010 or 2011 may be carried over to any taxable year beginning after 2011, andCommentsClose CommentsPermalink
‘(ii) no amount attributable to qualified real property placed in service in any taxable year beginning in 2013 may be carried over to any taxable year beginning after 2013.CommentsClose CommentsPermalink
‘(B) TREATMENT OF DISALLOWED AMOUNTS- Except as provided in subparagraph (C)--CommentsClose CommentsPermalink
‘(i) TAXABLE YEARS BEGINNING AFTER 2011- To the extent that any amount is not allowed to be carried over to a taxable year beginning after 2011 by reason of subparagraph (A)(i), this title shall be applied as if no election under this section had been made with respect to such amount.CommentsClose CommentsPermalink
‘(ii) TAXABLE YEARS BEGINNING AFTER 2013- To the extent that any amount is not allowed to be carried over to a taxable year beginning after 2013 by reason of subparagraph (A)(ii), this title shall be applied as if no election under this section had been made with respect to such amount.CommentsClose CommentsPermalink
‘(C) AMOUNTS CARRIED OVER FROM CERTAIN TAXABLE YEARS-CommentsClose CommentsPermalink
‘(i) AMOUNTS CARRIED OVER FROM 2010- If subparagraph (B)(i) applies to any amount (or portion of an amount) which is carried over from a taxable year other than the taxpayer’s last taxable year beginning in 2011, such amount (or portion of an amount) shall be treated for purposes of this title as attributable to property placed in service on the first day of the taxpayer’s last taxable year beginning in 2011.CommentsClose CommentsPermalink
‘(ii) AMOUNTS CARRIED OVER FROM 2013- If subparagraph (B)(ii) applies to any amount (or portion of an amount) which is carried over from a taxable year other than the taxpayer’s last taxable year beginning in 2013, such amount (or portion of an amount) shall be treated for purposes of this title as attributable to property placed in service on the first day of the taxpayer’s last taxable year beginning in 2013.’.CommentsClose CommentsPermalink
(e) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2012.CommentsClose CommentsPermalink
TITLE II--ACCESS TO CAPITALCommentsClose CommentsPermalink
TITLE II--ACCESS TO CAPITALCommentsClose CommentsPermalink
Subtitle A--Expanding Access to Capital for Entrepreneurial LeadersCommentsClose CommentsPermalink
Subtitle A--Expanding Access to Capital for Entrepreneurial LeadersCommentsClose CommentsPermalink
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ‘EXCEL Act of 2012’.CommentsClose CommentsPermalink
SEC. 212. PROGRAM AUTHORIZATION.
Section 303(b) of the Small Business Investment Act of 1958 (
SEC. 213. FAMILY OF FUNDS.
Section 303(b)(2)(B) of the Small Business Investment Act of 1958 (
SEC. 214. ADJUSTMENT FOR INFLATION.
Section 303(b)(2) of the Small Business Investment Act of 1958 (
‘(E) ADJUSTMENTS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The dollar amounts in subparagraph (A)(ii), subparagraph (B), and subparagraph (C)(ii)(I) shall be adjusted annually to reflect increases in the Consumer Price Index established by the Bureau of Labor Statistics of the Department of Labor (in this subparagraph referred to as the ‘CPI’).CommentsClose CommentsPermalink
‘(ii) APPLICABILITY- The adjustments required by clause (i)--CommentsClose CommentsPermalink
‘(I) with respect to dollar amounts in subparagraphs (A)(ii) and (C)(ii)(I) shall initially reflect increases in the CPI during the period beginning on the effective date of section 505 of the American Recovery and Reinvestment Act of 2009 (
Public Law 111-5 ; 123 Stat. 156) through the date of enactment of this subparagraph and annually thereafter;CommentsClose CommentsPermalink‘(II) with respect to dollar amounts in subparagraph (B) shall reflect increases in the CPI annually on and after the date of enactment of this subparagraph.’.CommentsClose CommentsPermalink
SEC. 215. PUBLIC AVAILABILITY OF INFORMATION.
Section 303 of the Small Business Investment Act of 1958 (
‘(l) Access to Fund Information- Annually, the Administrator shall make public on its website the following information with respect to each small business investment company:CommentsClose CommentsPermalink
‘(1) The amount of capital deployed since fund inception.CommentsClose CommentsPermalink
‘(2) The amount of leverage drawn since fund inception.CommentsClose CommentsPermalink
‘(3) The number of investments since fund inception.CommentsClose CommentsPermalink
‘(4) The number of businesses receiving capital since fund inception.CommentsClose CommentsPermalink
‘(5) Industry sectors receiving investment since fund inception.CommentsClose CommentsPermalink
‘(6) The amount of leverage principal repaid by the small business investment company since fund inception.CommentsClose CommentsPermalink
‘(7) A basic description of investment strategy.’.CommentsClose CommentsPermalink
SEC. 216. AUTHORIZED USES OF LICENSING FEES.
Section 301 of the Small Business Investment Act of 1958 (
(1) by redesignating subsection (e) as subsection (d); andCommentsClose CommentsPermalink
(2) in subsection (d)(2)(B), as so redesignated, by inserting before the period at the end the following: ‘and other small business investment company program needs’.CommentsClose CommentsPermalink
SEC. 217. SENSE OF CONGRESS.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) small business investment companies would benefit from partnerships with community banks and other lenders, and should work with community banks and other lenders, to ensure that if community banks and other lenders deny an application by a small business concern for a loan, the community banks or other lenders will refer the small business concern to small business investment companies; andCommentsClose CommentsPermalink
(2) the Administrator of the Small Business Administration (in this Act referred to as the ‘Administrator’) should--CommentsClose CommentsPermalink
(A) increase outreach to community banks and other lenders to encourage community banks and other lenders to invest in small business investment companies;CommentsClose CommentsPermalink
(B) use the Internet to make publicly available in a timely manner which small business investment companies are actively soliciting investments and making investments in small business concerns;CommentsClose CommentsPermalink
(C) partner with governors, mayors, States, and municipalities to increase outreach by small business investment companies to underserved and rural areas; andCommentsClose CommentsPermalink
(D) continue to make changes to the webpage for the small business investment company program, to make the webpage--CommentsClose CommentsPermalink
(i) a more prominent part of the website of the Administration; andCommentsClose CommentsPermalink
(ii) more user-friendly.CommentsClose CommentsPermalink
Subtitle B--Low-Interest RefinancingCommentsClose CommentsPermalink
Subtitle B--Low-Interest RefinancingCommentsClose CommentsPermalink
SEC. 221. LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM.
Section 1122(b) of the Small Business Jobs Act of 2010 (
Subtitle C--SBA Lender Activity IndexCommentsClose CommentsPermalink
Subtitle C--SBA Lender Activity IndexCommentsClose CommentsPermalink
SEC. 231. SBA LENDER ACTIVITY INDEX.
Section 4 of the Small Business Act (
‘(g) SBA Lender Activity Index-CommentsClose CommentsPermalink
‘(1) DEFINITION- In this subsection, the term ‘covered loan’ means a loan made or debenture issued under this Act or the Small Business Investment Act of 1958 (
15 U.S.C. 661 et seq.) by a private individual or entity.CommentsClose CommentsPermalink‘(2) REQUIREMENT- Not later than 6 months after the date of enactment of this subsection, the Administrator shall make publicly available on the website of the Administration a user-friendly database of information relating to lenders making covered loans (to be known as the ‘Lender Activity Index’).CommentsClose CommentsPermalink
‘(3) DATA INCLUDED-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The database made available under paragraph (2) shall include, for each lender making a covered loan--CommentsClose CommentsPermalink
‘(i) the name of the lender;CommentsClose CommentsPermalink
‘(ii) the number of covered loans made by the lender;CommentsClose CommentsPermalink
‘(iii) the total dollar amount of covered loans made by the lender;CommentsClose CommentsPermalink
‘(iv) a list of each ZIP code in which a recipient of a covered loan made by the lender is located;CommentsClose CommentsPermalink
‘(v) a list of the industries of the recipients to which the lender made a covered loan;CommentsClose CommentsPermalink
‘(vi) whether the covered loan is for an existing business or a new business;CommentsClose CommentsPermalink
‘(vii) the number and total dollar amount of covered loans made by the lender to--CommentsClose CommentsPermalink
‘(I) small business concerns owned and controlled by women;CommentsClose CommentsPermalink
‘(II) socially and economically disadvantaged small business concerns (as defined in section 8(a)(4)(A)); andCommentsClose CommentsPermalink
‘(III) small business concerns owned and controlled by veterans; andCommentsClose CommentsPermalink
‘(viii) whether the covered loan was made under section 7(a) or under the program to provide financing to small business concerns through guarantees of loans under title V of the Small Business Investment Act of 1958 (
15 U.S.C. 695 et seq.).CommentsClose CommentsPermalink‘(B) INCORPORATION OF DATA- The Administrator shall--CommentsClose CommentsPermalink
‘(i) include in the database made available under paragraph (2) information relating to covered loans made during fiscal years 2009, 2010, 2011, and 2012; andCommentsClose CommentsPermalink
‘(ii) incorporate information relating to covered loans on an ongoing basis.CommentsClose CommentsPermalink
‘(C) PERIOD OF DATA AVAILABILITY- The Administrator shall retain information relating to a covered loan in the database made available under paragraph (2) until not earlier than the end of the third fiscal year beginning after the fiscal year during which the covered loan was made.’.CommentsClose CommentsPermalink
TITLE III--ACCESS TO GLOBAL MARKETSCommentsClose CommentsPermalink
TITLE III--ACCESS TO GLOBAL MARKETSCommentsClose CommentsPermalink
SEC. 301. SHORT TITLE.
This title may be cited as the ‘Small Business Export Growth Act of 2012’.CommentsClose CommentsPermalink
SEC. 302. REPORT ON IMPROVEMENTS TO EXPORT.GOV AS A SINGLE WINDOW FOR EXPORT INFORMATION.
(a) In General- Not later than 180 days after the date of enactment of this Act, the Director of International Trade of the Small Business Administration shall, after consultation with the entities specified in subsection (b), submit to the Committee on Small Business and Entrepreneurship and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Small Business and the Committee on Foreign Affairs of the House of Representatives a report that includes the recommendations of the Director for improving the experience provided by the website Export.gov (or a successor website) as--CommentsClose CommentsPermalink
(1) a comprehensive resource for information about exporting articles from the United States; andCommentsClose CommentsPermalink
(2) a single website for exporters to submit all information required by the Federal Government with respect to the exportation of articles from the United States.CommentsClose CommentsPermalink
(b) Entities Specified- The entities specified in this subsection are--CommentsClose CommentsPermalink
(1) small business concerns (as defined in section 3 of the Small Business Act (
(2) the President’s Export Council, State agencies with responsibility for export promotion or export financing, district export councils, and trade associations.CommentsClose CommentsPermalink
SEC. 303. REPORT ON DEVELOPING A SINGLE WINDOW FOR INFORMATION ABOUT EXPORT CONTROL COMPLIANCE.
(a) In General- Not later than 180 days after the date of enactment of this Act, the Chief Counsel for Advocacy of the Small Business Administration shall submit to the appropriate congressional committees a report assessing the benefits of developing a website to serve as--CommentsClose CommentsPermalink
(1) a comprehensive resource for complying with and information about the export control laws and regulations of the United States; andCommentsClose CommentsPermalink
(2) a single website for exporters to submit all information required by the Federal Government with respect to export controls.CommentsClose CommentsPermalink
(b) Appropriate Congressional Committees Defined- In this section, the term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(1) the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Small Business and Entrepreneurship of the Senate; andCommentsClose CommentsPermalink
(2) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Committee on Small Business of the House of Representatives.CommentsClose CommentsPermalink
SEC. 304. PROMOTION OF EXPORTING.
Section 22(c)(11) of the Small Business Act (
SEC. 305. EXPORT CONTROL EDUCATION.
Section 22 of the Small Business Act (
(1) by redesignating subsection (l) as subsection (n); andCommentsClose CommentsPermalink
(2) by inserting after subsection (k) the following:CommentsClose CommentsPermalink
‘(l) Export Control Education- The Associate Administrator shall ensure that all programs of the Administration to support exporting by small business concerns place a priority on educating small business concerns about Federal export control regulations.’.CommentsClose CommentsPermalink
SEC. 306. SMALL BUSINESS INTER-AGENCY TASK FORCE ON EXPORT FINANCING.
The Administrator, in consultation with the Secretary of Agriculture, the President of the Export-Import Bank of the United States, and the President of the Overseas Private Investment Corporation shall jointly establish a Small Business Inter-Agency Task Force on Export Financing to--CommentsClose CommentsPermalink
(1) review and improve Federal export finance programs for small business concerns; andCommentsClose CommentsPermalink
(2) coordinate the activities of the Federal Government to assist small business concerns seeking to export.CommentsClose CommentsPermalink
SEC. 307. PROMOTION OF EXPORTS BY RURAL SMALL BUSINESSES.
(a) Small Business Administration-United States Department of Agriculture Interagency Coordination-CommentsClose CommentsPermalink
(1) EXPORT FINANCING PROGRAMS- In coordination with the Secretary of Agriculture, the Administrator shall develop a program to cross-train export finance specialists and personnel from the Office of International Trade of the Administration on the export financing programs of the Department of Agriculture and the Foreign Agricultural Service.CommentsClose CommentsPermalink
(2) EXPORT ASSISTANCE AND BUSINESS COUNSELING PROGRAMS- In coordination with the Secretary of Agriculture and the Foreign Agricultural Service, the Administrator shall develop a program to cross-train export finance specialists, personnel from the Office of International Trade of the Administration, Small Business Development Centers, women’s business centers, the Service Corps of Retired Executives authorized by section 8(b)(1) of the Small Business Act (
(b) Report on Lenders- Section 7(a)(16)(F) of the Small Business Act (
(1) in clause (i)--CommentsClose CommentsPermalink
(A) by redesignating subclauses (I) through (III) as items (aa) through (cc), respectively, and adjusting the margins accordingly;CommentsClose CommentsPermalink
(B) by striking ‘list, have made’ and inserting the following: ‘list--CommentsClose CommentsPermalink
‘(I) have made’;CommentsClose CommentsPermalink
(C) in item (cc), as so redesignated, by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
‘(II) were located in a rural area, as that term is defined in section 1393(a)(2) of the Internal Revenue Code of 1986, or a nonmetropolitan statistical area and have made--CommentsClose CommentsPermalink
‘(aa) loans guaranteed by the Administration; orCommentsClose CommentsPermalink
‘(bb) loans through the programs offered by the United States Department of Agriculture or the Foreign Agricultural Service.’; andCommentsClose CommentsPermalink
(2) in clause (ii)(II), by inserting ‘and by resource partners of the Administration’ after ‘the Administration’.CommentsClose CommentsPermalink
(c) Cooperation With Small Business Development Centers- Section 21(c)(3)(M) of the Small Business Act (
(d) List of Rural Export Assistance Resources- Section 22(c)(7) of the Small Business Act (
(1) in subparagraph (C), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) by redesignating subparagraph (D) as subparagraph (E); andCommentsClose CommentsPermalink
(3) by inserting after subparagraph (C) the following:CommentsClose CommentsPermalink
‘(D) publishing an annual list of relevant resources and programs of the district and regional offices of the Administration, other Federal agencies, the small business development center network, Export Assistance Centers, the network of women’s business centers, chapters of the Service Corps of Retired Executives, State and local export promotion programs, and partners in the private sector, that--CommentsClose CommentsPermalink
‘(i) are administered or offered by entities located in rural or nonmetropolitan statistical areas; andCommentsClose CommentsPermalink
‘(ii) offer export assistance or business counseling services to rural small businesses concerns; and’.CommentsClose CommentsPermalink
SEC. 308. REGISTRY OF EXPORT MANAGEMENT AND EXPORT TRADING COMPANIES.
(a) Coordination With Export Management Companies and Export Trading Companies- Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a program to register export management companies, as that term is defined by the Department of Commerce, and export trading companies, as that term is defined in section 103 of the Export Trading Company Act of 1982 (
(b) Requirements- The program established under subsection (a) shall--CommentsClose CommentsPermalink
(1) be similar to the program of the Administration for registering franchise companies, as in effect on the date of enactment of this Act; andCommentsClose CommentsPermalink
(2) require that a list of the export management companies and export trading companies that register under the program, categorized by the type of product exported by the company, be made available on the website of the Administration.CommentsClose CommentsPermalink
SEC. 309. REVERSE TRADE MISSIONS.
Section 22(c) of the Small Business Act (
(1) in paragraph (12), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (13), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(14) in coordination with other relevant Federal agencies, encourage the participation of employees and resource partners of the Administration in reverse trade missions hosted or sponsored by the Federal Government.’.CommentsClose CommentsPermalink
SEC. 310. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM.
Section 1207(a)(5) of the Small Business Jobs Act of 2010 (
SEC. 311. PROMOTION OF INTERAGENCY DETAILS.
It is the sense of Congress that the Administrator should periodically detail staff of the Administration to other Federal agencies that are members of the Trade Promotion Coordinating Committee, to facilitate the cross training of the staff of the Administration on the export assistance programs of such other agencies.CommentsClose CommentsPermalink
SEC. 312. ANNUAL EXPORT STRATEGY.
Section 22 of the Small Business Act (
‘(m) Small Business Trade Strategy-CommentsClose CommentsPermalink
‘(1) DEVELOPMENT OF SMALL BUSINESS TRADE STRATEGY- The Associate Administrator shall develop and maintain a small business trade strategy that is included in the report on the governmentwide strategic plan for Federal trade promotion required to be submitted to Congress by the Trade Promotion Coordinating Committee under section 2312(f)(1) of the Export Enhancement Act of 1988 (
15 U.S.C. 4727(f)(1) ) that includes, at a minimum--CommentsClose CommentsPermalink
‘(A) strategies to increase export opportunities for small business concerns, including a specific strategy to increase opportunities for small business concerns that are new to exporting;CommentsClose CommentsPermalink
‘(B) recommendations to increase the competitiveness in the global economy of small business concerns in the United States that are part of industries in which small business concerns account for a high proportion of participating businesses;CommentsClose CommentsPermalink
‘(C) recommendations to protect small business concerns from unfair trade practices, including intellectual property violations;CommentsClose CommentsPermalink
‘(D) recommendations for strategies to promote and facilitate opportunities in the foreign markets that are most accessible for small business concerns that are new to exporting; andCommentsClose CommentsPermalink
‘(E) strategies to expand the representation of small business concerns in the formation and implementation of United States trade policy.CommentsClose CommentsPermalink
‘(2) ANNUAL REPORT TO CONGRESS- At the beginning 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 small business trade strategy required under paragraph (1), which shall contain, at a minimum--CommentsClose CommentsPermalink
‘(A) a description of each strategy and recommendation described in paragraph (1);CommentsClose CommentsPermalink
‘(B) specific policies and objectives, together with timelines for the implementation of such policies and objectives; andCommentsClose CommentsPermalink
‘(C) a description of the progress of the Administration in implementing the strategies and recommendations contained in the report submitted for the preceding fiscal year.’.CommentsClose CommentsPermalink
TITLE IV--ACCESS TO MENTORING, EDUCATION, AND STRATEGIC PARTNERSHIPSCommentsClose CommentsPermalink
TITLE IV--ACCESS TO MENTORING, EDUCATION, AND STRATEGIC PARTNERSHIPSCommentsClose CommentsPermalink
Subtitle A--Measuring the Effectiveness of Resource PartnersCommentsClose CommentsPermalink
Subtitle A--Measuring the Effectiveness of Resource PartnersCommentsClose CommentsPermalink
SEC. 411. EXPANDING ENTREPRENEURSHIP.
Section 4 of the Small Business Act (
‘(h) Management and Direction-CommentsClose CommentsPermalink
‘(1) PLAN FOR ENTREPRENEURIAL DEVELOPMENT AND JOB CREATION STRATEGY-CommentsClose CommentsPermalink
‘(A) PLAN REQUIRED- The Administrator, in consultation with a representative from each entrepreneurial development program of the Administration, shall develop and submit to Congress a plan for using the entrepreneurial development programs of the Administration to create jobs during fiscal years 2013 and 2014.CommentsClose CommentsPermalink
‘(B) CONTENTS OF PLAN- The plan required under subparagraph (A) shall--CommentsClose CommentsPermalink
‘(i) include the plan of the Administrator for using existing programs, including small business development centers, women’s business centers, the Service Corps of Retired Executives authorized by section 8(b)(1), Veterans Business Outreach Centers, and programs of the Office of Native American Affairs, to create jobs;CommentsClose CommentsPermalink
‘(ii) identify a strategy for each region of the Administration to use programs of the Administration to create or retain jobs in the region; andCommentsClose CommentsPermalink
‘(iii) establish performance measures and criteria, including goals for job creation, job retention, and job retraining, to evaluate the success of the plan.CommentsClose CommentsPermalink
‘(2) DATA COLLECTION PROCESS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Administrator shall, after notice and opportunity for comment, promulgate a rule to develop and implement a consistent data collection process for the entrepreneurial development programs.CommentsClose CommentsPermalink
‘(B) CONTENTS- The data collection process developed under subparagraph (A) shall collect data relating to job creation and performance and any other data determined appropriate by the Administrator.CommentsClose CommentsPermalink
‘(3) COORDINATION AND ALIGNMENT OF SBA ENTREPRENEURIAL DEVELOPMENT PROGRAMS- The Administrator, in consultation with other Federal departments and agencies as the Administrator determines is appropriate, shall submit an annual report to Congress describing opportunities to foster coordination of, limit duplication among, and improve program delivery for Federal entrepreneurial development programs.CommentsClose CommentsPermalink
‘(4) DATABASE OF ENTREPRENEURIAL DEVELOPMENT SERVICE PROVIDERS-CommentsClose CommentsPermalink
‘(A) ESTABLISHMENT- After providing a period of 60 days for public comment, the Administrator shall--CommentsClose CommentsPermalink
‘(i) establish a database of providers of entrepreneurial development services; andCommentsClose CommentsPermalink
‘(ii) make the database available through the website of the Administration.CommentsClose CommentsPermalink
‘(B) SEARCHABILITY- The database established under subparagraph (A) shall be searchable by industry, geographic location, and service required.CommentsClose CommentsPermalink
‘(5) COMMUNITY SPECIALIST-CommentsClose CommentsPermalink
‘(A) DESIGNATION- The Administrator shall designate not fewer than 1 staff member in each district office of the Administration as a community specialist whose full-time responsibility is working with local providers of entrepreneurial development services to increase coordination with Federal entrepreneurial development programs.CommentsClose CommentsPermalink
‘(B) PERFORMANCE- The Administrator shall develop benchmarks for measuring the performance of community specialists under this paragraph.’.CommentsClose CommentsPermalink
Subtitle B--Women’s Small Business OwnershipCommentsClose CommentsPermalink
Subtitle B--Women’s Small Business OwnershipCommentsClose CommentsPermalink
SEC. 421. SHORT TITLE.
This subtitle may be cited as the ‘Women’s Small Business Ownership Act of 2012’.CommentsClose CommentsPermalink
SEC. 422. DEFINITION.
In this subtitle, the term ‘Administrator’ means the Administrator of the Small Business Administration.CommentsClose CommentsPermalink
SEC. 423. OFFICE OF WOMEN’S BUSINESS OWNERSHIP.
(a) In General- Section 29(g) of the Small Business Act (
(1) in paragraph (2)--CommentsClose CommentsPermalink
(A) in subparagraph (B)--CommentsClose CommentsPermalink
(i) in clause (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;’; andCommentsClose CommentsPermalink
(ii) in clause (ii), by striking ‘Women’s Business Center program’ each place that term appears and inserting ‘women’s business center program’; andCommentsClose 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’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) TRAINING- The Administrator may provide annual programmatic and financial examination 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 examination process by--CommentsClose CommentsPermalink
‘(A) providing public notice of any announcement for financial assistance under subsection (b) or a grant 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 programmatic and financial examination process; andCommentsClose CommentsPermalink
‘(E) providing to each women’s business center, not later than 60 days after the completion of a site visit to the women’s business center (whether conducted for an audit, performance review, or other reason), a copy of any site visit reports or 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 (
(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; andCommentsClose 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 that term appears and inserting ‘Director’; andCommentsClose 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 (
(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’; andCommentsClose CommentsPermalink
(C) in section 406(c), by striking ‘Assistant Administrator’ and inserting ‘Director’.CommentsClose CommentsPermalink
SEC. 424. WOMEN’S BUSINESS CENTER PROGRAM.
(a) Women’s Business Center Financial Assistance- Section 29 of the Small Business Act (
(1) in subsection (a), as amended by section 423(b) of this Act--CommentsClose CommentsPermalink
(A) by inserting before paragraph (2) 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; andCommentsClose CommentsPermalink
‘(B) whose primary purpose is to represent women’s business centers;’;CommentsClose CommentsPermalink
(B) by inserting after paragraph (2) 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 junior or community college, as defined in section 312(f) of the Higher Education Act of 1965 (
20 U.S.C. 1058(f) ); orCommentsClose CommentsPermalink‘(E) any combination of entities listed in subparagraphs (A) through (D);’; andCommentsClose CommentsPermalink
(C) by adding after paragraph (5) the following:CommentsClose CommentsPermalink
‘(6) the term ‘women’s business center’ means a project conducted by an eligible entity under this section.’;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 projects’ 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’; andCommentsClose 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 $100,000 and not more than $150,000 per year.CommentsClose CommentsPermalink
‘(B) LOWER AMOUNT- The Administrator may award financial assistance under this subsection to a recipient in an amount that is less than $100,000 if the Administrator determines that the recipient is unable to make a non-Federal contribution of $100,000 or more, as required under subsection (c).CommentsClose CommentsPermalink
‘(C) EQUAL ALLOCATIONS- If the Administration has insufficient funds to provide financial assistance of not less than $100,000 for each recipient of financial assistance under this subsection in any fiscal year, the Administrator shall provide an equal amount of financial assistance to each recipient in the fiscal year, 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; andCommentsClose 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)(4).’;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
(C) in paragraph (4)--CommentsClose CommentsPermalink
(i) by striking ‘recipient of assistance’ and inserting ‘eligible entity’;CommentsClose CommentsPermalink
(ii) by striking ‘such organization’ and inserting ‘the eligible entity’; andCommentsClose CommentsPermalink
(iii) by striking ‘recipient’ and inserting ‘eligible entity’; andCommentsClose CommentsPermalink
(D) in paragraph (5)--CommentsClose CommentsPermalink
(i) in subparagraph (A), by striking ‘a recipient organization’ and inserting ‘an eligible entity’; andCommentsClose CommentsPermalink
(ii) by striking ‘the recipient organization’ each place it appears and inserting ‘the eligible entity’; andCommentsClose CommentsPermalink
(E) by adding at end the following:CommentsClose CommentsPermalink
‘(6) 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; andCommentsClose 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’; andCommentsClose 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 using financial assistance under subsection (b) or other sources, to manage the center on a full-time basis;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 examination; andCommentsClose CommentsPermalink
‘(III) to the maximum extent practicable, to remedy any problems identified pursuant to the site visit or examination under subclause (I) or (II); andCommentsClose 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 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 in 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; andCommentsClose CommentsPermalink
‘(iii) working with resource partners of the Administration and other entities, such as universities; andCommentsClose 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 business owners by conducting training and counseling activities; andCommentsClose 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; andCommentsClose CommentsPermalink
‘(ii) to the extent practicable, as part of the final selection process, conduct a site visit to 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; andCommentsClose 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 begin 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; andCommentsClose CommentsPermalink
‘(IV) the location for the women’s business center 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.’; andCommentsClose CommentsPermalink
(6) in subsection (m)--CommentsClose CommentsPermalink
(A) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink
‘(3) APPLICATION AND APPROVAL FOR RENEWAL GRANTS-CommentsClose CommentsPermalink
‘(A) SOLICITATION OF APPLICATIONS- The Administrator shall solicit applications and award grants under this subsection for the first fiscal year beginning after the date of enactment of the Women’s Small Business Ownership Act of 2012, and every third fiscal year thereafter.CommentsClose CommentsPermalink
‘(B) CONTENTS OF 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 an eligible entity;CommentsClose CommentsPermalink
‘(II) has designated a full-time executive director or program manager to manage the women’s business center operated by the applicant; andCommentsClose 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 examination reports or certified copies of the compliance supplemental audits under OMB Circular A-133 of the applicant; andCommentsClose CommentsPermalink
‘(cc) to remedy any problem identified pursuant to the site visit or examination 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 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 in the area served by the women’s business center for which a grant under this subsection is sought;CommentsClose CommentsPermalink
‘(iv) information demonstrating that the applicant has worked with 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; andCommentsClose CommentsPermalink
‘(II) to provide training and services to a representative number of women who are socially and economically disadvantaged; andCommentsClose CommentsPermalink
‘(vi) any additional information that the Administrator may reasonably require.CommentsClose CommentsPermalink
‘(C) REVIEW AND APPROVAL OF APPLICATIONS FOR GRANTS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The Administrator shall--CommentsClose CommentsPermalink
‘(I) review each application submitted under subparagraph (B), based on the information described in such subparagraph and the criteria set forth under clause (ii) of this subparagraph; andCommentsClose CommentsPermalink
‘(II) whenever practicable, as part of the final selection process, conduct a site visit to 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; andCommentsClose 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 startup companies assisted by the applicant;CommentsClose CommentsPermalink
‘(cc) the percentage of clients of the applicant that are socially or economically disadvantaged; andCommentsClose 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; andCommentsClose 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
‘(D) NOTIFICATION- Not later than 60 days after the date of each deadline to submit applications, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application of the approval or denial.CommentsClose CommentsPermalink
‘(E) RECORD RETENTION- The Administrator shall maintain a copy of each application submitted under this paragraph for not less than 7 years.’; andCommentsClose CommentsPermalink
(B) by striking paragraph (5) and inserting the following:CommentsClose CommentsPermalink
‘(5) AWARD TO PREVIOUS RECIPIENTS- There shall be no limitation on the number of times the Administrator may award a grant to an applicant under this subsection.’.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendments-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 29 of the Small Business Act (
15 U.S.C. 656 ) is amended--CommentsClose CommentsPermalink
(A) in subsection (h)(2), by striking ‘to award a contract (as a sustainability grant) under subsection (l) or’;CommentsClose CommentsPermalink
(B) in subsection (j)(1), by striking ‘The Administration’ and inserting ‘Not later than November 1 of each year, the Administrator’;CommentsClose CommentsPermalink
(C) in subsection (k)--CommentsClose CommentsPermalink
(i) by striking paragraphs (1), (2), and (4);CommentsClose CommentsPermalink
(ii) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink
(iii) by inserting before paragraph (4), 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, $14,500,000 for each of fiscal years 2013, 2014, and 2015.CommentsClose CommentsPermalink
‘(2) USE OF FUNDS- 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
‘(3) CONTINUING GRANT AND COOPERATIVE AGREEMENT AUTHORITY-CommentsClose CommentsPermalink
‘(A) 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
‘(B) SUSPENSION OR TERMINATION- If the Administrator has entered into a grant or cooperative agreement with a women’s business center under this section, the Administrator may not suspend or terminate the 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; andCommentsClose CommentsPermalink
‘(ii) affords the women’s business center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code.’;CommentsClose CommentsPermalink
(D) in subsection (m)--CommentsClose CommentsPermalink
(i) in paragraph (2), by striking ‘subsection (b) or (l)’ and inserting ‘this subsection or subsection (b)’; andCommentsClose CommentsPermalink
(ii) in paragraph (4)(D), by striking ‘or subsection (l)’; andCommentsClose CommentsPermalink
(E) by redesignating subsections (m) and (n), as amended by this Act, as subsections (l) and (m), respectively.CommentsClose CommentsPermalink
(2) PROSPECTIVE REPEAL- Section 1401(c)(2) of the Small Business Jobs Act of 2010 (
15 U.S.C. 636 note) is amended--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) in subparagraph (B), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(C) by redesignating paragraph (6), as added by section 424(a)(3)(E) of the Women’s Small Business Ownership Act of 2012, as paragraph (5).’.CommentsClose CommentsPermalink
(c) Effect on Existing Grants-CommentsClose CommentsPermalink
(1) TERMS AND CONDITIONS- A nonprofit organization receiving a grant under section 29(m) of the Small Business Act (
15 U.S.C. 656(m) ), as in effect on the day before the date of enactment of this Act, shall continue to receive the grant under the terms and conditions in effect for the grant on the day before the date of enactment of this Act, except that the nonprofit organization may not apply for a renewal of the grant under section 29(m)(5) of the Small Business Act (15 U.S.C. 656(m)(5) ), as in effect on the day before the date of enactment of this Act.CommentsClose CommentsPermalink(2) LENGTH OF RENEWAL GRANT- The Administrator may award a grant under section 29(l) of the Small Business Act, as so redesignated by subsection (b)(1)(E) of this section, to a nonprofit organization receiving a grant under section 29(m) of the Small Business Act (
15 U.S.C. 656(m) ), as in effect on the day before the date of enactment of this Act, for the period--CommentsClose CommentsPermalink
(A) beginning on the day after the last day of the grant agreement under such section 29(m); andCommentsClose CommentsPermalink
(B) ending at the end of the third fiscal year beginning after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 425. STUDY AND REPORT ON ECONOMIC ISSUES FACING WOMEN’S BUSINESS CENTERS.
(a) Study- 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 in competing for financial assistance, non-Federal funds, or other types of assistance;CommentsClose CommentsPermalink
(3) the difficulties such centers face in writing grant proposals; andCommentsClose 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 containing the results of the study 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; andCommentsClose 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; andCommentsClose CommentsPermalink
(3) any State or territory that is an island.CommentsClose CommentsPermalink
SEC. 426. STUDY AND REPORT ON OVERSIGHT OF WOMEN’S BUSINESS CENTERS.
(a) Study- The Comptroller General of the United States shall conduct a study of the oversight of women’s business centers by the Administrator, which shall include--CommentsClose CommentsPermalink
(1) an analysis of the coordination by the Administrator of the activities of women’s business centers with the activities of small business development centers, the Service Corps of Retired Executives, and Veterans Business Outreach Centers;CommentsClose CommentsPermalink
(2) a comparison of the types of individuals and small business concerns served by women’s business centers and the types of individuals and small business concerns served by small business development centers, the Service Corps of Retired Executives, and Veterans Business Outreach Centers; andCommentsClose CommentsPermalink
(3) an analysis of performance data for women’s business centers that evaluates how well women’s business centers are carrying out the mission of women’s business centers and serving individuals and small business concerns.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 containing the results of the study under subsection (a), which shall include recommendations, if any, for eliminating the duplication of services provided by women’s business centers, small business development centers, the Service Corps of Retired Executives, and Veterans Business Outreach Centers.CommentsClose CommentsPermalink
Subtitle C--Strengthening America’s Small Business Development CentersCommentsClose CommentsPermalink
Subtitle C--Strengthening America’s Small Business Development CentersCommentsClose CommentsPermalink
SEC. 431. INSTITUTIONS OF HIGHER EDUCATION.
Section 21 of the Small Business Act (
(1) in subsection (a)(1), by striking ‘: Provided, That’ and all that follows through ‘on such date.’ and inserting the following: ‘. On and after December 31, 2013, the Administrator 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 (
(2) in subsection (c)(3)(K), by inserting ‘public and private institutions of higher education (including universities, community colleges, and junior colleges),’ before ‘local and regional private consultants’.CommentsClose CommentsPermalink
SEC. 432. UPDATING FUNDING LEVELS FOR SMALL BUSINESS DEVELOPMENT CENTERS.
(a) Minimum Funding Levels- Section 21(a)(4)(C) of the Small Business Act (
(1) in clause (iii)--CommentsClose CommentsPermalink
(A) by striking ‘$90,000,000’ each place that term appears and inserting ‘$98,500,000’;CommentsClose CommentsPermalink
(B) by striking ‘$81,500,000’ each place that term appears and inserting ‘$90,000,000’; andCommentsClose CommentsPermalink
(C) by striking ‘$500,000’ each place that term appears and inserting ‘$600,000’;CommentsClose CommentsPermalink
(2) in clause (v)(II), by striking ‘if the usage’ and all that follows through the end of the subclause and inserting a period; andCommentsClose CommentsPermalink
(3) in clause (v), by striking subclause (I) and inserting the following:CommentsClose CommentsPermalink
‘(I) IN GENERAL- Of the amounts made available in any fiscal year to carry out this section--CommentsClose CommentsPermalink
‘(aa) not more than $50,000 may be used by the Administration to pay the expenses enumerated in subparagraph (B) of section 20(a)(1);CommentsClose CommentsPermalink
‘(bb) not more than $500,000 may be used by the Administration to pay the expenses enumerated in subparagraph (C) of section 20(a)(1); andCommentsClose CommentsPermalink
‘(cc) not more than $250,000 may be used by the Administration to pay the expenses enumerated in subparagraph (D) of section 20(a)(1).’.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 21(a)(4)(C)(vii) of the Small Business Act (
‘(vii) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subparagraph--CommentsClose CommentsPermalink
‘(I) $135,000,000 for fiscal year 2013;CommentsClose CommentsPermalink
‘(II) $135,000,000 for fiscal year 2014; andCommentsClose CommentsPermalink
‘(III) $135,000,000 for fiscal year 2015.’.CommentsClose CommentsPermalink
SEC. 433. ASSISTANCE TO OUT-OF-STATE SMALL BUSINESSES.
Section 21(b)(3) of the Small Business Act (
(1) by striking ‘(3) At the discretion’ and inserting the following:CommentsClose CommentsPermalink
‘(3) ASSISTANCE TO OUT-OF-STATE SMALL BUSINESSES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- At the discretion’; andCommentsClose 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 under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5170 ), 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. 434. TERMINATION OF SMALL BUSINESS DEVELOPMENT CENTER DEFENSE ECONOMIC TRANSITION ASSISTANCE.
(a) In General- Section 21(c)(3) of the Small Business Act (
(1) by striking subparagraph (G); andCommentsClose CommentsPermalink
(2) by redesignating subparagraphs (H) through (T) as subparagraphs (G) through (S), respectively.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendments- Section 21(a) of the Small Business Act (
(1) in paragraph (4)(C)(vi), by striking ‘or (c)(3)(G)’; andCommentsClose CommentsPermalink
(2) in paragraph (6), by striking ‘subparagraphs (B) through (G) of subsection (c)(3)’ and inserting ‘subparagraphs (B) through (F) of subsection (c)(3)’.CommentsClose CommentsPermalink
(c) Existing Grants- Nothing in this section shall affect any grant made to a small business development center before the date of enactment of this Act under section 21(c)(3)(G) of the Small Business Act (
SEC. 435. NATIONAL SMALL BUSINESS DEVELOPMENT CENTER ADVISORY BOARD.
(a) In General- Section 21(i)(1) of the Small Business Act (
(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; andCommentsClose CommentsPermalink
(4) in the fourth sentence--CommentsClose CommentsPermalink
(A) by striking ‘Succeeding Boards’ and inserting ‘The members of the Board’; andCommentsClose CommentsPermalink
(B) by inserting ‘not less than’ before ‘one-third’.CommentsClose CommentsPermalink
(b) Incumbents- An individual serving as a member of the National Small Business Development Center Advisory 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 (
SEC. 436. REPEAL OF PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM.
Section 27 of the Small Business Act (
Subtitle D--Terminating the National Veterans Business Development CorporationCommentsClose CommentsPermalink
Subtitle D--Terminating the National Veterans Business Development CorporationCommentsClose CommentsPermalink
SEC. 441. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.
(a) In General- The Small Business Act (
(b) Corporation- On and after the date of enactment of this Act, the National Veterans Business Development Corporation and any successor thereto may not represent that the corporation is federally chartered or in any other manner authorized by the Federal Government.CommentsClose CommentsPermalink
(c) Technical and Conforming Amendments-CommentsClose CommentsPermalink
(1) SMALL BUSINESS ACT- The Small Business Act (
(A) by redesignating sections 34 through 45 as sections 33 through 44, respectively;CommentsClose CommentsPermalink
(B) in section 9(k)(1)(D) (
(C) in section 33 (
(i) by striking ‘section 35’ each place it appears and inserting ‘section 34’;CommentsClose CommentsPermalink
(ii) in subsection (a)--CommentsClose CommentsPermalink
(I) in paragraph (2), by striking ‘section 35(c)(2)(B)’ and inserting ‘section 34(c)(2)(B)’;CommentsClose CommentsPermalink
(II) in paragraph (4), by striking ‘section 35(c)(2)’ and inserting ‘section 34(c)(2)’; andCommentsClose CommentsPermalink
(III) in paragraph (5), by striking ‘section 35(c)’ and inserting ‘section 34(c)’; andCommentsClose CommentsPermalink
(iii) in subsection (h)(2), by striking ‘section 35(d)’ and inserting ‘section 34(d)’;CommentsClose CommentsPermalink
(D) in section 34 (
(i) by striking ‘section 34’ each place it appears and inserting ‘section 33’; andCommentsClose CommentsPermalink
(ii) in subsection (c)(1), by striking section ‘34(c)(1)(E)(ii)’ and inserting section ‘33(c)(1)(E)(ii)’;CommentsClose CommentsPermalink
(E) in section 36(d) (
(F) in section 39(d) (
(G) in section 40(b) (
(2) TITLE 10-
(3) TITLE 38-
(4) FOOD, CONSERVATION, AND ENERGY ACT OF 2008- Section 12072(c)(2) of the Food, Conservation, and Energy Act of 2008 (
(5) VETERANS ENTREPRENEURSHIP AND SMALL BUSINESS DEVELOPMENT ACT OF 1999- Section 203(c)(5) of the Veterans Entrepreneurship and Small Business Development Act of 1999 (
TITLE V--ACCESS TO GOVERNMENT CONTRACTINGCommentsClose CommentsPermalink
TITLE V--ACCESS TO GOVERNMENT CONTRACTINGCommentsClose CommentsPermalink
Subtitle A--BondsCommentsClose CommentsPermalink
Subtitle A--BondsCommentsClose CommentsPermalink
SEC. 511. REMOVAL OF SUNSET DATES FOR CERTAIN PROVISIONS OF THE SMALL BUSINESS INVESTMENT ACT OF 1958.
(a) Maximum Bond Amount- Section 411(a)(1) of the Small Business Investment Act of 1958 (
(b) Denial of Liability- Section 411(e)(2) of the Small Business Investment Act of 1958 (
Subtitle B--Small Business Contracting Fraud PreventionCommentsClose CommentsPermalink
Subtitle B--Small Business Contracting Fraud PreventionCommentsClose CommentsPermalink
SEC. 521. SHORT TITLE.
This subtitle may be cited as the ‘Small Business Contracting Fraud Prevention Act of 2012’.CommentsClose CommentsPermalink
SEC. 522. DEFINITIONS.
In this subtitle--CommentsClose CommentsPermalink
(1) the term ‘8(a) program’ means the program under section 8(a) of the Small Business Act (
(2) the terms ‘Administration’ and ‘Administrator’ mean the Small Business Administration and the Administrator thereof, respectively;CommentsClose CommentsPermalink
(3) the terms ‘HUBZone’ and ‘HUBZone small business concern’ and ‘HUBZone map’ have the meanings given those terms in section 3(p) of the Small Business Act (
(4) the term ‘recertification’ means a determination by the Administrator that a business concern that was previously determined to be a qualified HUBZone small business concern is a qualified HUBZone small business concern under section 3(p)(5) of the Small Business Act (
SEC. 523. FRAUD DETERRENCE AT THE SMALL BUSINESS ADMINISTRATION.
Section 16 of the Small Business Act (
(1) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in the matter preceding subparagraph (A), by striking ‘Whoever’ and all that follows through ‘oneself or another’ and inserting the following: ‘A person shall be subject to the penalties and remedies described in paragraph (2) if the person misrepresents the status of any concern or person as a small business concern, a qualified HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women, or a small business concern owned and controlled by service-disabled veterans, in order to obtain for any person’;CommentsClose CommentsPermalink
(ii) by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink
‘(A) prime contract, subcontract, grant, or cooperative agreement to be awarded under subsection (a) or (m) of section 8, or section 9, 15, 31, or 35;’;CommentsClose CommentsPermalink
(iii) by striking subparagraph (B);CommentsClose CommentsPermalink
(iv) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; andCommentsClose CommentsPermalink
(v) in subparagraph (C), as so redesignated, by striking ‘, shall be’ and all that follows and inserting a period;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; andCommentsClose CommentsPermalink
(ii) by inserting after subparagraph (B) the following:CommentsClose CommentsPermalink
‘(C) be subject to the civil remedies under subchapter III of chapter 37 of title 31, United States Code (commonly known as the ‘False Claims Act’);’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(3)(A) In the case of a violation of paragraph (1)(A) or subsection (g) or (h), for purposes of a proceeding described in subparagraph (A) or (C) of paragraph (2), the amount of the loss to the Federal Government or the damages sustained by the Federal Government, as applicable, shall be an amount equal to the amount that the Federal Government paid to the person that received a contract, grant, or cooperative agreement described in paragraph (1)(A), (g), or (h), respectively.CommentsClose CommentsPermalink
‘(B) In the case of a violation of subparagraph (B) or (C) of paragraph (1), for the purpose of a proceeding described in subparagraph (A) or (C) of paragraph (2), the amount of the loss to the Federal Government or the damages sustained by the Federal Government, as applicable, shall be an amount equal to the portion of any payment by the Federal Government under a prime contract that was used for a subcontract described in subparagraph (B) or (C) of paragraph (1), respectively.CommentsClose CommentsPermalink
‘(C) In a proceeding described in subparagraph (A) or (B), no credit shall be applied against any loss or damages to the Federal Government for the fair market value of the property or services provided to the Federal Government.’;CommentsClose CommentsPermalink
(2) by striking subsection (e) and inserting the following:CommentsClose CommentsPermalink
‘(e) Any representation of the status of any concern or person as a small business concern, a HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women, or a small business concern owned and controlled by service-disabled veterans, in order to obtain any prime contract, subcontract, grant, or cooperative agreement described in subsection (d)(1) shall be made in writing or through the Online Representations and Certifications Application process required under section 4.1201 of the Federal Acquisition Regulation, or any successor thereto.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(g) A person shall be subject to the penalties and remedies described in subsection (d)(2) if the person misrepresents the status of any concern or person as a small business concern, a qualified HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women, or a small business concern owned and controlled by service-disabled veterans--CommentsClose CommentsPermalink
‘(1) in order to allow any person to participate in any program of the Administration; orCommentsClose CommentsPermalink
‘(2) in relation to a protest of a contract award or proposed contract award made under regulations issued by the Administration.CommentsClose CommentsPermalink
‘(h)(1) A person that submits a request for payment on a contract or subcontract that is awarded under subsection (a) or (m) of section 8, or section 9, 15, 31, or 35, shall be deemed to have submitted a certification that the person complied with regulations issued by the Administration governing the percentage of work that the person is required to perform on the contract or subcontract, unless the person states, in writing, that the person did not comply with the regulations.CommentsClose CommentsPermalink
‘(2) A person shall be subject to the penalties and remedies described in subsection (d)(2) if the person--CommentsClose CommentsPermalink
‘(A) uses the services of a business other than the business awarded the contract or subcontract to perform a greater percentage of work under a contract than is permitted by regulations issued by the Administration; orCommentsClose CommentsPermalink
‘(B) willfully participates in a scheme to circumvent regulations issued by the Administration governing the percentage of work that a contractor is required to perform on a contract.’.CommentsClose CommentsPermalink
SEC. 524. VETERANS INTEGRITY IN CONTRACTING.
(a) Definition- Section 3(q)(1) of the Small Business Act (
‘(A) a veteran with a service-connected disability rated by the Secretary of Veterans Affairs as zero percent or more disabling; orCommentsClose CommentsPermalink
‘(B) a former member of the Armed Forces who is retired, separated, or placed on the temporary disability retired list for physical disability under chapter 61 of title 10, United States Code.’.CommentsClose CommentsPermalink
(b) Veterans Contracting- Section 4 of the Small Business Act (
‘(i) Veteran Status-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A business concern seeking status as a small business concern owned and controlled by service-disabled veterans shall--CommentsClose CommentsPermalink
‘(A) submit an annual certification indicating that the business concern is a small business concern owned and controlled by service-disabled veterans by means of the Online Representations and Certifications Application process required under section 4.1201 of the Federal Acquisition Regulation, or any successor thereto; andCommentsClose CommentsPermalink
‘(B) register with--CommentsClose CommentsPermalink
‘(i) the Central Contractor Registration database maintained under subpart 4.11 of the Federal Acquisition Regulation, or any successor thereto; andCommentsClose CommentsPermalink
‘(ii) the VetBiz database of the Department of Veterans Affairs, or any successor thereto.CommentsClose CommentsPermalink
‘(2) VERIFICATION OF STATUS-CommentsClose CommentsPermalink
‘(A) VETERANS AFFAIRS- The Secretary of Veterans Affairs shall determine whether a business concern registered with the VetBiz database of the Department of Veterans Affairs, or any successor thereto, as a small business concern owned and controlled by veterans or a small business concern owned and controlled by service-disabled veterans is owned and controlled by a veteran or a service-disabled veteran, as the case may be.CommentsClose CommentsPermalink
‘(B) FEDERAL AGENCIES GENERALLY- The head of each Federal agency shall--CommentsClose CommentsPermalink
‘(i) for a sole source contract awarded to a small business concern owned and controlled by service-disabled veterans or a contract awarded with competition restricted to small business concerns owned and controlled by service-disabled veterans under section 35, determine whether a business concern submitting a proposal for the contract is a small business concern owned and controlled by service-disabled veterans; andCommentsClose CommentsPermalink
‘(ii) use the VetBiz database of the Department of Veterans Affairs, or any successor thereto, in determining whether a business concern is a small business concern owned and controlled by service-disabled veterans.CommentsClose CommentsPermalink
‘(3) DEBARMENT AND SUSPENSION- If the Administrator determines that a business concern knowingly and willfully misrepresented that the business concern is a small business concern owned and controlled by service-disabled veterans, the Administrator may debar or suspend the business concern from contracting with the United States.’.CommentsClose CommentsPermalink
(c) Integration of Databases- The Administrator for Federal Procurement Policy and the Secretary of Veterans Affairs shall ensure that data is shared on an ongoing basis between the VetBiz database of the Department of Veterans Affairs and the Central Contractor Registration database maintained under subpart 4.11 of the Federal Acquisition Regulation.CommentsClose CommentsPermalink
(d) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- The amendment made by subsection (b) and the requirements under subsection (c) shall take effect on the date on which the Secretary of Veterans Affairs (referred to in this subsection as the ‘Secretary’) publishes in the Federal Register a determination that the Department of Veterans Affairs has the necessary resources and capacity to carry out the additional responsibility of determining whether small business concerns registered with the VetBiz database of the Department of Veterans Affairs are owned and controlled by a veteran or a service-disabled veteran, as the case may be, in accordance with subsection (i) of section 4 of the Small Business Act (
(2) TIMELINE- If the Secretary determines that the Secretary is not able to publish the determination under paragraph (1) before the date that is 1 year after the date of enactment of this Act, the Secretary shall, not later than 1 year after the date of enactment of this Act, submit a report containing an estimate of the date on which the Secretary will publish the determination under paragraph (1) to the Committee on Small Business and Entrepreneurship and the Committee on Veterans’ Affairs of the Senate and the Committee on Small Business and the Committee on Veterans’ Affairs of the House of Representatives.CommentsClose CommentsPermalink
SEC. 525. SECTION 8(a) PROGRAM IMPROVEMENTS.
(a) Review of Effectiveness- Section 8(a) of the Small Business Act (
‘(22) Not later than 3 years after the date of enactment of this paragraph, and every 3 years thereafter, the Comptroller General of the United States shall--CommentsClose CommentsPermalink
‘(A) conduct an evaluation of the effectiveness of the program under this subsection, including an examination of--CommentsClose CommentsPermalink
‘(i) the number and size of contracts applied for, as compared to the number received by, small business concerns after successfully completing the program;CommentsClose CommentsPermalink
‘(ii) the percentage of small business concerns that continue to operate during the 3-year period beginning on the date on which the small business concerns successfully complete the program;CommentsClose CommentsPermalink
‘(iii) whether the business of small business concerns increases during the 3-year period beginning on the date on which the small business concerns successfully complete the program; andCommentsClose CommentsPermalink
‘(iv) the number of training sessions offered under the program; andCommentsClose CommentsPermalink
‘(B) submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding each evaluation under subparagraph (A).’.CommentsClose CommentsPermalink
(b) Other Improvements- In order to improve the 8(a) program, the Administrator shall--CommentsClose CommentsPermalink
(1) not later than 90 days after the date of enactment of this Act, begin to--CommentsClose CommentsPermalink
(A) evaluate the feasibility of--CommentsClose CommentsPermalink
(i) using additional third-party data sources;CommentsClose CommentsPermalink
(ii) making unannounced visits of sites that are selected randomly or using risk-based criteria;CommentsClose CommentsPermalink
(iii) using fraud detection tools, including data-mining techniques; andCommentsClose CommentsPermalink
(iv) conducting financial and analytical training for the business opportunity specialists of the Administration;CommentsClose CommentsPermalink
(B) evaluate the feasibility and advisability of amending regulations applicable to the 8(a) program to require that calculations of the adjusted net worth or total assets of an individual include assets held by the spouse of the individual; andCommentsClose CommentsPermalink
(C) develop a more consistent enforcement strategy that includes the suspension or debarment of contractors that knowingly make misrepresentations in order to qualify for the 8(a) program; andCommentsClose CommentsPermalink
(2) not later than 1 year after the date on which the Comptroller General submits the report under section 8(a)(22)(B) of the Small Business Act, as added by subsection (c), issue, in final form, proposed regulations of the Administration that--CommentsClose CommentsPermalink
(A) determine the economic disadvantage of a participant in the 8(a) program based on the income and asset levels of the participant at the time of application and annual recertification for the 8(a) program; andCommentsClose CommentsPermalink
(B) limit the ability of a small business concern to participate in the 8(a) program if an immediate family member of an owner of the small business concern is, or has been, a participant in the 8(a) program, in the same industry.CommentsClose CommentsPermalink
SEC. 526. HUBZONE IMPROVEMENTS.
(a) Purpose- The purpose of this section is to reform and improve the HUBZone program of the Administration.CommentsClose CommentsPermalink
(b) In General- The Administrator shall--CommentsClose CommentsPermalink
(1) ensure the HUBZone map is--CommentsClose CommentsPermalink
(A) accurate and up-to-date; andCommentsClose CommentsPermalink
(B) revised as new data is made available to maintain the accuracy and currency of the HUBZone map;CommentsClose CommentsPermalink
(2) implement policies for ensuring that only HUBZone small business concerns determined to be qualified under section 3(p)(5) of the Small Business Act (
(3) submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding any application to be designated as a HUBZone small business concern or for recertification for which the Administrator has not made a determination as of the date that is 60 days after the date on which the application was submitted or initiated, which shall include a plan and timetable for ensuring the timely processing of the applications; andCommentsClose CommentsPermalink
(4) develop measures and implement plans to assess the effectiveness of the HUBZone program that--CommentsClose CommentsPermalink
(A) require the identification of a baseline point in time to allow the assessment of economic development under the HUBZone program, including creating additional jobs; andCommentsClose CommentsPermalink
(B) take into account--CommentsClose CommentsPermalink
(i) the economic characteristics of the HUBZone; andCommentsClose CommentsPermalink
(ii) contracts being counted under multiple socioeconomic subcategories.CommentsClose CommentsPermalink
(c) Employment Percentage- Section 3(p) of the Small Business Act (
(1) in paragraph (5), by adding at the end the following:CommentsClose CommentsPermalink
‘(E) EMPLOYMENT PERCENTAGE DURING INTERIM PERIOD-CommentsClose CommentsPermalink
‘(i) DEFINITION- In this subparagraph, the term ‘interim period’ means the period beginning on the date on which the Administrator determines that a HUBZone small business concern is qualified under subparagraph (A) and ending on the day before the date on which a contract under the HUBZone program for which the HUBZone small business concern submits a bid is awarded.CommentsClose CommentsPermalink
‘(ii) INTERIM PERIOD- During the interim period, the Administrator may not determine that the HUBZone small business is not qualified under subparagraph (A) based on a failure to meet the applicable employment percentage under subparagraph (A)(i)(I), unless the HUBZone small business concern--CommentsClose CommentsPermalink
‘(I) has not attempted to maintain the applicable employment percentage under subparagraph (A)(i)(I); orCommentsClose CommentsPermalink
‘(II) does not meet the applicable employment percentage--CommentsClose CommentsPermalink
‘(aa) on the date on which the HUBZone small business concern submits a bid for a contract under the HUBZone program; orCommentsClose CommentsPermalink
‘(bb) on the date on which the HUBZone small business concern is awarded a contract under the HUBZone program.’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(8) HUBZONE PROGRAM- The term ‘HUBZone program’ means the program established under section 31.CommentsClose CommentsPermalink
‘(9) HUBZONE MAP- The term ‘HUBZone map’ means the map used by the Administration to identify HUBZones.’.CommentsClose CommentsPermalink
(d) Redesignated Areas- Section 3(p)(4)(C)(i) of the Small Business Act (
‘(i) 3 years after the first date on which the Administrator publishes a HUBZone map that is based on the results from the 2010 decennial census; or’.CommentsClose CommentsPermalink
SEC. 527. ANNUAL REPORT ON SUSPENSION, DEBARMENT, AND PROSECUTION.
The Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that contains--CommentsClose CommentsPermalink
(1) the number of debarments from participation in programs of the Administration issued by the Administrator during the 1-year period preceding the date of the report, including--CommentsClose CommentsPermalink
(A) the number of debarments that were based on a conviction; andCommentsClose CommentsPermalink
(B) the number of debarments that were fact-based and did not involve a conviction;CommentsClose CommentsPermalink
(2) the number of suspensions from participation in programs of the Administration issued by the Administrator during the 1-year period preceding the date of the report, including--CommentsClose CommentsPermalink
(A) the number of suspensions issued that were based upon indictments; andCommentsClose CommentsPermalink
(B) the number of suspensions issued that were fact-based and did not involve an indictment;CommentsClose CommentsPermalink
(3) the number of suspension and debarments issued by the Administrator during the 1-year period preceding the date of the report that were based upon referrals from offices of the Administration, other than the Office of Inspector General;CommentsClose CommentsPermalink
(4) the number of suspension and debarments issued by the Administrator during the 1-year period preceding the date of the report based upon referrals from the Office of Inspector General; andCommentsClose CommentsPermalink
(5) the number of persons that the Administrator declined to debar or suspend after a referral described in paragraph (8), and the reason for each such decision.CommentsClose CommentsPermalink
Subtitle C--Fairness in Women-Owned Small Business ContractingCommentsClose CommentsPermalink
Subtitle C--Fairness in Women-Owned Small Business ContractingCommentsClose CommentsPermalink
SEC. 531. SHORT TITLE.
This subtitle may be cited as the ‘Fairness in Women-Owned Small Business Contracting Act of 2012’.CommentsClose CommentsPermalink
SEC. 532. PROCUREMENT PROGRAM FOR WOMEN-OWNED SMALL BUSINESS CONCERNS.
Section 8(m) of the Small Business Act (
(1) in paragraph (2)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking ‘who are economically disadvantaged’;CommentsClose CommentsPermalink
(B) in subparagraph (C), by striking ‘paragraph (3)’ and inserting ‘paragraph (4)’;CommentsClose CommentsPermalink
(C) by striking subparagraph (D); andCommentsClose CommentsPermalink
(D) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(7) SOLE SOURCE CONTRACTS- A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women under the same conditions as a sole source contract may be awarded to a qualified HUBZone small business concern under section 31(b)(2)(A).’.CommentsClose CommentsPermalink
SEC. 533. STUDY AND REPORT ON REPRESENTATION OF WOMEN.
Section 29 of the Small Business Act (
‘(n) Study and Report on Representation of Women-CommentsClose CommentsPermalink
‘(1) STUDY- The Administrator shall periodically conduct a study to identify any United States industry, as defined under the North American Industry Classification System, in which women are underrepresented.CommentsClose CommentsPermalink
‘(2) REPORT- Not later than 5 years after the date of enactment of this subsection, and every 5 years thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the results of each study under paragraph (1) conducted during the 5-year period ending on the date of the report.’.CommentsClose CommentsPermalink
Subtitle D--Small Business ChampionCommentsClose CommentsPermalink
Subtitle D--Small Business ChampionCommentsClose CommentsPermalink
SEC. 541. SHORT TITLE.
This subtitle may be cited as the ‘Small Business Champion Act of 2012’.CommentsClose CommentsPermalink
SEC. 542. OFFICES OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION.
(a) Appointment and Position of Director- Section 15(k)(2) of the Small Business Act (
(b) Performance Appraisals- Section 15(k)(3) of the Small Business Act (
(1) by striking ‘be responsible only to, and report directly to, the head’ and inserting ‘shall be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, the head’; andCommentsClose CommentsPermalink
(2) by striking ‘be responsible only to, and report directly to, such Secretary’ and inserting ‘be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, such Secretary’.CommentsClose CommentsPermalink
(c) Small Business Technical Advisers- Section 15(k)(8)(B) of the Small Business Act (
(d) Additional Requirements- Section 15(k) of the Small Business Act (
‘(11) shall review and advise such agency on any decision to convert an activity performed by a small business concern to an activity performed by a Federal employee;CommentsClose CommentsPermalink
‘(12) shall provide to the Chief Acquisition Officer and senior procurement executive of such agency advice and comments on acquisition strategies, market research, and justifications related to section 43 of this Act;CommentsClose CommentsPermalink
‘(13) may provide training to small business concerns and contract specialists, except that such training may only be provided to the extent that the training does not interfere with the Director carrying out other responsibilities under this subsection;CommentsClose CommentsPermalink
‘(14) shall carry out exclusively the duties enumerated in this Act, and shall, while the Director, not hold any other title, position, or responsibility, except as necessary to carry out responsibilities under this subsection;CommentsClose CommentsPermalink
‘(15) shall submit, each fiscal year, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing--CommentsClose CommentsPermalink
‘(A) the training provided by the Director under paragraph (13) in the most recently completed fiscal year;CommentsClose CommentsPermalink
‘(B) the percentage of the budget of the Director used for such training in the most recently completed fiscal year; andCommentsClose CommentsPermalink
‘(C) the percentage of the budget of the Director used for travel in the most recently completed fiscal year; andCommentsClose CommentsPermalink
‘(16) shall have not less than 10 years of relevant procurement experience.’.CommentsClose CommentsPermalink
(e) Technical Amendments- Section 15(k) of the Small Business Act (
(1) in the matter preceding paragraph (1) by striking ‘who shall’ and inserting ‘who’;CommentsClose CommentsPermalink
(2) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking ‘be known’ and inserting ‘shall be known’; andCommentsClose CommentsPermalink
(B) by striking ‘such agency,’ and inserting ‘such agency;’;CommentsClose CommentsPermalink
(3) in paragraph (2) by striking ‘be appointed by’ and inserting ‘shall be appointed by’;CommentsClose CommentsPermalink
(4) in paragraph (3)--CommentsClose CommentsPermalink
(A) by striking ‘director’ and inserting ‘Director’; andCommentsClose CommentsPermalink
(B) by striking ‘Secretary’s designee,’ and inserting ‘Secretary’s designee;’;CommentsClose CommentsPermalink
(5) in paragraph (4)--CommentsClose CommentsPermalink
(A) by striking ‘be responsible’ and inserting ‘shall be responsible’; andCommentsClose CommentsPermalink
(B) by striking ‘such agency,’ and inserting ‘such agency;’;CommentsClose CommentsPermalink
(6) in paragraph (5) by striking ‘identify proposed’ and inserting ‘shall identify proposed’;CommentsClose CommentsPermalink
(7) in paragraph (6) by striking ‘assist small’ and inserting ‘shall assist small’;CommentsClose CommentsPermalink
(8) in paragraph (7)--CommentsClose CommentsPermalink
(A) by striking ‘have supervisory’ and inserting ‘shall have supervisory’; andCommentsClose CommentsPermalink
(B) by striking ‘this Act,’ and inserting ‘this Act;’;CommentsClose CommentsPermalink
(9) in paragraph (8)--CommentsClose CommentsPermalink
(A) by striking ‘assign a’ and inserting ‘shall assign a’; andCommentsClose CommentsPermalink
(B) by striking ‘the activity, and’ and inserting ‘the activity; and’;CommentsClose CommentsPermalink
(10) in paragraph (9)--CommentsClose CommentsPermalink
(A) by striking ‘cooperate, and’ and inserting ‘shall cooperate, and’; andCommentsClose CommentsPermalink
(B) by striking ‘subsection, and’ and inserting ‘subsection;’; andCommentsClose CommentsPermalink
(11) in paragraph (10)--CommentsClose CommentsPermalink
(A) by striking ‘make recommendations’ and inserting ‘shall make recommendations’;CommentsClose CommentsPermalink
(B) by striking ‘subsection (a), or section’ and inserting ‘subsection (a), section’;CommentsClose CommentsPermalink
(C) by striking ‘Act or section 2323’ and inserting ‘Act, or section 2323’;CommentsClose CommentsPermalink
(D) by striking ‘Code. Such recommendations shall’ and inserting ‘Code, which shall’; andCommentsClose CommentsPermalink
(E) by striking ‘contract file.’ and inserting ‘contract file;’.CommentsClose CommentsPermalink
SEC. 543. SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL.
(a) Duties- Section 7104(b) of the Federal Acquisition Streamlining Act of 1994 (
(1) in paragraph (1) by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (2) by striking ‘authorities.’ and inserting ‘authorities;’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) to conduct reviews of each Office of Small and Disadvantaged Business Utilization established under section 15(k) of the Small Business Act (
15 U.S.C. 644(k) ) to determine the compliance of each Office with requirements under such section;CommentsClose CommentsPermalink‘(4) to identify best practices for maximizing small business utilization in Federal contracting that may be implemented by Federal agencies having procurement powers; andCommentsClose CommentsPermalink
‘(5) to submit, annually, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing--CommentsClose CommentsPermalink
‘(A) the comments submitted under paragraph (2) during the 1-year period ending on the date on which the report is submitted, including any outcomes related to the comments;CommentsClose CommentsPermalink
‘(B) the results of reviews conducted under paragraph (3) during such 1-year period; andCommentsClose CommentsPermalink
‘(C) best practices identified under paragraph (4) during such 1-year period.’.CommentsClose CommentsPermalink
(b) Membership- Section 7104(c) of the Federal Acquisition Streamlining Act of 1994 (
(c) Chairman- Section 7104(d) of the Federal Acquisition Streamlining Act of 1994 (
TITLE VI--TRANSPARENCY, ACCOUNTABILITY, AND EFFECTIVENESSCommentsClose CommentsPermalink
TITLE VI--TRANSPARENCY, ACCOUNTABILITY, AND EFFECTIVENESSCommentsClose CommentsPermalink
Subtitle A--Small Business Common ApplicationCommentsClose CommentsPermalink
Subtitle A--Small Business Common ApplicationCommentsClose CommentsPermalink
SEC. 611. DEFINITIONS.
In this subtitle--CommentsClose CommentsPermalink
(1) the terms ‘Administration’ and ‘Administrator’ mean the Small Business Administration and the Administrator thereof, respectively;CommentsClose CommentsPermalink
(2) the term ‘Executive agency’ has the meaning given that term under
(3) the term ‘Executive Committee’ means the Executive Committee on a Small Business Common Application established under section 613(a); andCommentsClose CommentsPermalink
(4) the term ‘small business concern’ has the meaning given that term under section 3 of the Small Business Act (
SEC. 612. SENSE OF CONGRESS.
It is the sense of Congress that Executive agencies should--CommentsClose CommentsPermalink
(1) reduce paperwork burdens on small business concerns pursuant to
(2) maximize the ability of small business concerns to use common applications, where practicable, and use consolidated web portals to interact with Executive agencies;CommentsClose CommentsPermalink
(3) maintain high standards for data privacy and security;CommentsClose CommentsPermalink
(4) increase the degree and ease of information sharing and coordination among programs serving small business concerns that are carried out by Executive agencies, including State and local offices of Executive agencies; andCommentsClose CommentsPermalink
(5) minimize redundancy in the administration of programs that can utilize common applications, where practicable, and consolidated web portals.CommentsClose CommentsPermalink
SEC. 613. EXECUTIVE COMMITTEE ON A SMALL BUSINESS COMMON APPLICATION.
(a) Establishment- There is established in the Administration an Executive Committee on a Small Business Common Application, which shall make recommendations regarding the establishment, if practicable, of a small business common application and web portal.CommentsClose CommentsPermalink
(b) Membership-CommentsClose CommentsPermalink
(1) IN GENERAL- The members of the Executive Committee shall consist of--CommentsClose CommentsPermalink
(A) the Administrator;CommentsClose CommentsPermalink
(B) the Assistant Secretary of Commerce for Economic Development; andCommentsClose CommentsPermalink
(C) 1 senior officer or employee having policy and technical expertise appointed by each of--CommentsClose CommentsPermalink
(i) the Administrator of the General Services Administration;CommentsClose CommentsPermalink
(ii) the Director of the National Institutes of Health;CommentsClose CommentsPermalink
(iii) the Director of the National Science Foundation;CommentsClose CommentsPermalink
(iv) the President of the Export-Import Bank;CommentsClose CommentsPermalink
(v) the Secretary of Agriculture;CommentsClose CommentsPermalink
(vi) the Secretary of Defense;CommentsClose CommentsPermalink
(vii) the Secretary of Health and Human Services;CommentsClose CommentsPermalink
(viii) the Secretary of Labor;CommentsClose CommentsPermalink
(ix) the Secretary of State;CommentsClose CommentsPermalink
(x) the Secretary of the Treasury; andCommentsClose CommentsPermalink
(xi) the Secretary of Veterans Affairs.CommentsClose CommentsPermalink
(2) CHAIRPERSON- The Administrator shall serve as chairperson of the Executive Committee.CommentsClose CommentsPermalink
(3) PERIOD OF APPOINTMENT- Members of the Executive Committee shall be appointed for a term of 1 year.CommentsClose CommentsPermalink
(4) VACANCIES- A vacancy in the Executive Committee shall be filled in the same manner as the original appointment, not later than 30 days after the date on which the vacancy occurs.CommentsClose CommentsPermalink
(c) Meetings-CommentsClose CommentsPermalink
(1) IN GENERAL- The Executive Committee shall meet at the call of the chairperson of the Executive Committee.CommentsClose CommentsPermalink
(2) QUORUM- A majority of the members of the Executive Committee shall constitute a quorum.CommentsClose CommentsPermalink
(3) FIRST MEETING- The first meeting of the Executive Committee shall take place not later than 30 days after the date of enactment of this subtitle.CommentsClose CommentsPermalink
(4) PUBLIC MEETING- The Executive Committee shall hold at least 1 public meeting before the date described in subsection (d)(1) to receive comments from small business concerns and other interested parties.CommentsClose CommentsPermalink
(d) Duties-CommentsClose CommentsPermalink
(1) RECOMMENDATIONS- Not later than 270 days after the date of enactment of this Act, upon a vote of the majority of members of the Executive Committee then serving, the Executive Committee shall submit to the Administrator recommendations relating to the feasibility of establishing a small business common application and web portal in order to meet the goals described in section 612.CommentsClose CommentsPermalink
(2) TRANSMISSION TO EXECUTIVE AGENCIES- The Executive Committee shall transmit to each Executive agency a complete copy of the recommendations submitted under paragraph (1).CommentsClose CommentsPermalink
(3) TRANSMISSION TO CONGRESS- The Executive Committee shall transmit to each relevant committee of Congress a complete copy of the recommendations submitted under paragraph (1).CommentsClose CommentsPermalink
(4) RECOMMENDATIONS BY EXECUTIVE AGENCIES- Not later than 30 days after the date on which the Executive Committee transmits recommendations to the Executive agency under paragraph (2), each Executive agency that provides Federal assistance to small business concerns shall submit to Congress recommendations, if any, for legislative changes necessary for the Executive agency to carry out the recommendations under paragraph (1).CommentsClose CommentsPermalink
(e) Personnel Matters-CommentsClose CommentsPermalink
(1) COMPENSATION OF MEMBERS- The members of the Executive Committee shall serve without compensation in addition to that received for their services as officers or employees of the United States.CommentsClose CommentsPermalink
(2) DETAIL OF EMPLOYEES- The Administrator may detail to the Executive Committee any employee of the Economic Development Administration, and such detail shall be without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink
(f) Federal Advisory Committee Act- Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Executive Committee.CommentsClose CommentsPermalink
SEC. 614. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this subtitle.CommentsClose CommentsPermalink
Subtitle B--Government Accountability Office ReviewCommentsClose CommentsPermalink
Subtitle B--Government Accountability Office ReviewCommentsClose CommentsPermalink
SEC. 621. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.
Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States 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 that evaluates the status of the programs authorized under this Act and the amendments made by this Act, including the extent to which such programs have been funded and implemented and have contributed to promoting job creation among small business concerns.CommentsClose CommentsPermalink
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