< Back to S. 3967 (111th Congress, 2009–2010)

Text of the Small Business Investment and Innovation Act of 2010

This bill was introduced on November 18, 2010, in a previous session of Congress, but was not enacted. The text of the bill below is as of Nov 18, 2010 (Introduced).

Source: GPO

II

111th CONGRESS

2d Session

S. 3967

IN THE SENATE OF THE UNITED STATES

November 18, 2010

(for herself and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship

A BILL

To encourage investment in and innovation by small business concerns, and for other purposes.

1.

Short title

This Act may be cited as the Small Business Investment and Innovation Act of 2010.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Findings.

Sec. 4. Definitions.

TITLE I—Expanding access to technology and spurring innovation

Sec. 101. Broadband and emerging information technology coordinator.

Sec. 102. Entrepreneurial development assistance by small business development centers.

Sec. 103. Capital access.

Sec. 104. Rural small business technology pilot program.

Sec. 105. Report to Congress.

TITLE II—Counseling and technical assistance

Subtitle A—SCORE

Sec. 221. SCORE Reauthorization.

Subtitle B—Women’s small business ownership programs

Sec. 241. Office of Women’s Business Ownership.

Sec. 242. Women’s Business Center Program.

Sec. 243. National Women’s Business Council.

Sec. 244. Interagency Committee on Women’s Business Enterprise.

Sec. 245. Preserving the independence of the National Women’s Business Council.

Sec. 246. Study and report on women's business centers.

Subtitle C—Native American small business development

Sec. 261. Native American small business development program.

Subtitle D—Veterans' business development

Sec. 281. Veterans' business center program; Office of Veterans Business Development.

TITLE III—Disaster relief and assistance

Sec. 301. Improvements to the Pioneer Business Recovery Program.

Sec. 302. Increased limits.

Sec. 303. Modified collateral requirements.

Sec. 304. Regional outreach on disaster assistance programs.

TITLE IV—Contracting improvements

Sec. 401. Surety bonds.

Sec. 402. Section 8(a) improvements.

TITLE V—Trade and export enhancements

Sec. 501. Online export readiness assessment tool.

Sec. 502. Marketing and outreach initiatives to small business concerns.

Sec. 503. Expansion of State Trade and Export Promotion Grant Program to cities and major metropolitan areas.

TITLE VI—Regulatory relief

Sec. 601. Definitions.

Sec. 602. Certification of rules.

Sec. 603. Application to interim final rules.

Sec. 604. Review panels.

Sec. 605. Judicial review.

Sec. 606. Research grant authority.

3.

Findings

Congress finds that—

(1)

the approximately 28,000,000 small business concerns in the United States are the driving force behind the economy of the Nation, creating more than 65 percent of all net new jobs and generating more than 50 percent of the non-farm gross domestic product of the Nation;

(2)

unfortunately, small business concerns have borne the brunt of the recent economic recession, accounting for nearly 79 percent of all jobs lost since September 2008;

(3)

while Congress has taken strong and forceful action to provide timely relief for small business concerns through the enactment of the Small Business Jobs Act of 2010 (Public Law 111–240; 124 Stat. 2504), it is imperative that further action be taken to build upon the progress made by that Act and to help small business concerns recover and grow through the creation of new jobs; and

(4)

specifically, additional steps should be taken to—

(A)

expand broadband services and improve access to technologies that will help small business concerns connect with new opportunities and create innovative products;

(B)

strengthen counseling services and technical assistance programs for small business concerns to help small business concerns weather economic downturns and emerge stronger and more competitive;

(C)

provide relief to small business concerns negatively impacted by natural and catastrophic disasters by improving access to disaster recovery loans and helping small business concerns plan for predictable disasters;

(D)

improve access to Federal contracting opportunities for small business concerns by increasing access to adequate surety bonding opportunities and creating a stronger, more transparent set-aside program for socially and economically disadvantaged small business concerns;

(E)

help small business concerns realize their full potential by encouraging the small business concerns to sell products and services abroad and connecting the small business concerns with the appropriate Federal and local export promotion resources; and

(F)

require the Federal Government to provide regulatory relief to small business concerns and more closely consider the impact of new regulations promulgated by Federal agencies by strengthening chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act), and the Office of Advocacy of the Administration.

4.

Definitions

In this Act—

(1)

the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; and

(2)

the term small business concern has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

I

Expanding access to technology and spurring innovation

101.

Broadband and emerging information technology coordinator

(a)

In general

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

(1)

by redesignating section 45 as section 47; and

(2)

by inserting after section 44 the following:

45.

Broadband and emerging information technology

(a)

Definition

In this section, the term broadband and emerging information technology coordinator means the individual assigned the broadband and emerging information technology coordination responsibilities of the Administration under subsection (b)(1).

(b)

Assignment of coordinator

(1)

Assignment of coordinator

The Administrator shall assign responsibility for coordinating the programs and activities of the Administration relating to broadband and emerging information technology to an individual who—

(A)

shall report directly to the Administrator;

(B)

shall work in coordination with—

(i)

the chief information officer, the chief technology officer, and the head of the Office of Technology of the Administration; and

(ii)

any Associate Administrator of the Administration determined appropriate by the Administrator;

(C)

shall not be an employee of the Office of Technology of the Administration;

(D)

has experience developing and implementing telecommunications policy in the private sector or government; and

(E)

has demonstrated significant experience in the area of broadband or emerging information technology.

(2)

Responsibilities of coordinator

The broadband and emerging information technology coordinator shall—

(A)

coordinate programs of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and other emerging information technologies;

(B)

serve as the primary liaison of the Administration to other Federal agencies involved in broadband and emerging information technology policy, including the Department of Commerce, the Department of Agriculture, and the Federal Communications Commission; and

(C)

identify best practices relating to broadband and emerging information technology that may benefit small business concerns.

(3)

Travel

Not more than 20 percent of the hours of service by the broadband and emerging information technology coordinator during any fiscal year shall consist of travel outside the United States to perform official duties.

(c)

Broadband and emerging technology training

(1)

Training

The Administrator shall provide to employees of the Administration training that—

(A)

familiarizes employees of the Administration with broadband and other emerging information technologies; and

(B)

includes—

(i)

instruction counseling small business concerns regarding adopting, making innovations in, and using broadband and other emerging information technologies; and

(ii)

information on programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies.

(2)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subsection.

(d)

Reports

(1)

Biennial report on activities

Not later than 2 years after the date on which the Administrator makes the first assignment of responsibilities under subsection (b), and every 2 years thereafter, the broadband and emerging information technology coordinator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the programs and activities of the Administration relating to broadband and other emerging information technologies.

(2)

Report on Federal programs

Not later than 1 year after the date of enactment of this section, the broadband and emerging information technology coordinator, in consultation with the Secretary of Agriculture, the Assistant Secretary of Commerce for Communications and Information, and the Chairman of the Federal Communications Commission, 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 programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies, which shall include recommendations, if any, for improving coordination among the programs.

.

102.

Entrepreneurial development assistance by small business development centers

Section 21(c)(3)(B) of the Small Business Act (15 U.S.C. 648(c)(3)(B)) is amended—

(1)

in the matter preceding clause (i), by inserting accessing broadband and other emerging information technology, after technology transfer,;

(2)

in clause (ii), by striking and at the end;

(3)

in clause (iii), by adding and at the end; and

(4)

by adding at the end the following:

(iv)

increasing the competitiveness and productivity of small business concerns by assisting entrepreneurs in accessing broadband and other emerging information technology;

.

103.

Capital access

(a)

In general

Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended in the matter preceding paragraph (1) by inserting (including to purchase equipment for broadband or other emerging information technologies) after equipment.

(b)

Microloans

Section 7(m)(1)(A)(iii)(I) of the Small Business Act (15 U.S.C. 636(m)(1)(A)(iii)(I)) is amended by inserting (including to purchase equipment for broadband or other emerging information technologies) after or equipment.

104.

Rural small business technology pilot program

(a)

Definitions

In this section—

(1)

the term qualified small business concern means a small business concern located in a rural area; and

(2)

the term rural area has the meaning given that term in section 1393(a)(2) of the Internal Revenue Code of 1986.

(b)

Report

Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination with the Administrator of General Services, 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 describing—

(1)

the number of Government-owned computers in the possession of the Administration, including the number of working computers, nonworking computers, desktop computers, and laptop computers;

(2)

the number of Government-owned computers disposed of by the Administration during the 5-year period ending on the date of enactment of this Act, including the number of such computers that were working computers, nonworking computers, desktop computers, or laptop computers;

(3)

the procedures of the Administration for the disposal of Government-owned computers; and

(4)

the plans of the Administrator for carrying out the pilot program under subsection (c).

(c)

Pilot program

(1)

Establishment

Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to provide not more than 1,000 excess Government-owned computers each year to qualified small business concerns at no cost or a reduced cost.

(2)

Purposes of program

The pilot program established under paragraph (1) shall be designed to—

(A)

encourage entrepreneurship in rural areas;

(B)

assist small business concerns in accessing technology; and

(C)

accelerate the growth of qualified small business concerns.

(3)

Termination

The authority to conduct the pilot program under this subsection shall terminate 3 years after the date of enactment of this Act.

(d)

Authorization of appropriations

There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section.

105.

Report to Congress

(a)

In general

Not later than 45 days after the date of enactment of this Act, the Administrator, in consultation with the Administrator of General Services, 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 ways to assist with the development of broadband and wireless technology that would benefit small business concerns.

(b)

Content of the report

The report submitted under subsection (a) shall—

(1)

outline the participation by the Administration in the National Antenna Program, including the number of wireless towers deployed on facilities which contain an office of the Administration;

(2)

information on agreements between the Administration and the General Services Administration related to broadband and wireless deployment in offices of the Administration; and

(3)

recommendations, if any, on opportunities for the Administration to improve broadband or wireless technology in offices of the Administration that are in areas currently underserved or unserved by broadband service providers.

II

Counseling and technical assistance

A

SCORE

221.

SCORE Reauthorization

(a)

In general

Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended—

(1)

by redesignating subsection (j) as subsection (f); and

(2)

by adding at the end the following:

(g)

SCORE program

There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed—

(1)

$13,000,000 in fiscal year 2011;

(2)

$15,000,000 in fiscal year 2012; and

(3)

$18,000,000 in fiscal year 2013.

.

(b)

Privacy requirements for SCORE chapters

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

(c)

Privacy requirements

(1)

In general

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

(A)

the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or

(B)

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

(2)

Administrator use of information

This subsection shall not—

(A)

restrict the access of the Administrator to program activity data; or

(B)

prevent the Administrator from using client information to conduct client surveys.

(3)

Regulations

(A)

In general

The Administrator shall issue regulations to establish standards for—

(i)

disclosures with respect to financial audits under paragraph (1)(B); and

(ii)

conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information.

(B)

Maximum privacy protection

The regulations issued under this paragraph shall, to the extent practicable, provide for the maximum amount of privacy protection.

(C)

Inspector general

Until the effective date of the regulations issued under this paragraph, any client survey and the use of any client information shall be approved by the Inspector General of the Administration, who shall include any such approval in the semi-annual report of the Inspector General.

.

(c)

SCORE program

(1)

In general

Section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)) is amended by striking a Service Corps of Retired Executives (SCORE) and inserting the SCORE program.

(2)

Technical and conforming amendments

(A)

In general

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

(i)

in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 636(m)(3)(A)(i)(VIII)), by striking Service Corps of Retired Executives and inserting SCORE program; and

(ii)

in section 33(b)(2) (15 U.S.C. 657c(b)(2)), by striking Service Corps of Retired Executives and inserting SCORE program.

(B)

Other laws

(i)

Insurance

Section 621 of the Children's Health Insurance Program Reauthorization Act of 2009 (15 U.S.C. 657p) is amended—

(I)

in subsection (a), by striking paragraph (4) and inserting the following:

(4)

the term SCORE program means the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B));

; and

(II)

in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives and inserting SCORE program.

(ii)

Consumer education

Section 337(d)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6307(d)(2)) is amended by striking Service Corps of Retired Executives (SCORE) and inserting SCORE program.

(3)

References

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

B

Women’s small business ownership programs

241.

Office of Women’s Business Ownership

(a)

In general

Section 29(g) of the Small Business Act (15 U.S.C. 656(g)) is amended—

(1)

in paragraph (2)—

(A)

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

(I)

starting, operating, and increasing the business of a small business concern;

; and

(B)

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

(2)

by adding at the end the following:

(3)

Training

The Administrator may provide annual programmatic and financial oversight training for women’s business ownership representatives and district office technical representatives of the Administration to enable representatives to carry out their responsibilities.

(4)

Program and transparency improvements

The Administrator shall maximize the transparency of the women’s business center financial assistance proposal process and the programmatic and financial oversight process by—

(A)

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

(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);

(C)

minimizing paperwork and reporting requirements for applicants for and recipients of financial assistance under this section;

(D)

standardizing the oversight and review process of the Administration; and

(E)

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

.

(b)

Change of title

(1)

In general

Section 29 of the Small Business Act (15 U.S.C. 656) is amended—

(A)

in subsection (a)—

(i)

by striking paragraphs (1) and (4);

(ii)

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

(iii)

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

(2)

the term Director means the Director of the Office of Women's Business Ownership established under subsection (g);

;

(B)

by striking Assistant Administrator each place it appears and inserting Director; and

(C)

in subsection (g)(2), in the paragraph heading, by striking Assistant Administrator and inserting Director.

(2)

Women's Business Ownership Act of 1988

Title IV of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7101 et seq.) is amended—

(A)

in section 403(a)(2)(B), by striking Assistant Administrator and inserting Director;

(B)

in section 405, by striking Assistant Administrator and inserting Director; and

(C)

in section 406(c), by striking Assistant Administrator and inserting Director.

242.

Women’s Business Center Program

(a)

Women’s Business Center financial assistance

Section 29 of the Small Business Act (15 U.S.C. 656) is amended—

(1)

in subsection (a)—

(A)

by inserting before paragraph (2), as added by section 241(b), the following:

(1)

the term association of women’s business centers means an organization—

(A)

that represents not less than 51 percent of the women’s business centers that participate in a program under this section; and

(B)

whose primary purpose is to represent women’s business centers;

;

(B)

by inserting after paragraph (2), as added by section 241(b), the following:

(3)

the term eligible entity means—

(A)

a private nonprofit organization;

(B)

a State, regional, or local economic development organization;

(C)

a development, credit, or finance corporation chartered by a State;

(D)

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

(E)

any combination of entities listed in subparagraphs (A) through (D);

; and

(C)

by adding after paragraph (5), as redesignated by section 241(b), the following:

(6)

the term women's business center means a project conducted by an eligible entity under this section;

;

(2)

in subsection (b)—

(A)

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

(B)

by striking The Administration and all that follows through 5-year project and inserting the following:

(1)

In general

The Administration may provide financial assistance to an eligible entity to conduct a project under this section

;

(C)

by striking The projects shall and inserting the following:

(2)

Use of funds

The project shall be designed to provide training and counseling that meets the needs of women, especially socially and economically disadvantaged women, and shall provide

; and

(D)

by adding at the end the following:

(3)

Amount of financial assistance

(A)

In general

The Administrator may award financial assistance under this subsection of not less than $150,000 per year.

(B)

Equal allocations

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

(4)

Consultation with associations of Women’s Business Centers

The Administrator shall consult with each association of women’s business centers to develop—

(A)

a training program for the staff of women’s business centers and the Administration; and

(B)

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

;

(3)

in subsection (c)—

(A)

in paragraph (1) by striking the recipient organization and inserting an eligible entity;

(B)

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

(C)

in paragraph (4)—

(i)

by striking recipient each place it appears and inserting eligible entity; and

(ii)

by striking such organization and inserting the eligible entity; and

(D)

by adding at end the following:

(6)

Separation of project and funds

An eligible entity shall—

(A)

carry out a project under this section separately from other projects, if any, of the eligible entity; and

(B)

separately maintain and account for any financial assistance under this section.

;

(4)

in subsection (e)—

(A)

by striking applicant organization and inserting eligible entity;

(B)

by striking a recipient organization and inserting an eligible entity; and

(C)

by striking site;

(5)

by striking subsection (f) and inserting the following:

(f)

Applications and criteria for initial financial assistance

(1)

Application

Each eligible entity desiring financial assistance under subsection (b) shall submit to the Administrator an application that contains—

(A)

a certification that the eligible entity—

(i)

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

(ii)

as a condition of receiving financial assistance under subsection (b), agrees—

(I)

to receive a site visit by the Administrator as part of the final selection process;

(II)

to undergo an annual programmatic and financial review; and

(III)

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

(iii)

meets the accounting and reporting requirements established by the Director of the Office of Management and Budget;

(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);

(C)

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

(D)

information demonstrating the experience and effectiveness of the eligible entity in—

(i)

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

(ii)

providing training and services to a representative number of women who are socially and economically disadvantaged; and

(iii)

using resource partners of the Administration and other entities, such as universities; and

(E)

a 5-year plan that describes the ability of the women's business center for which financial assistance is sought—

(i)

to serve women who are business owners or potential owners by conducting training and counseling activities; and

(ii)

to provide training and services to a representative number of women who are socially and economically disadvantaged.

(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.

(3)

Review and approval of applications for initial financial assistance

(A)

In general

The Administrator shall—

(i)

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

(ii)

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

(B)

Selection criteria

(i)

In general

The Administrator shall evaluate applicants for financial assistance under subsection (b) in accordance with selection criteria that are—

(I)

established before the date on which applicants are required to submit the applications;

(II)

stated in terms of relative importance; and

(III)

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

(ii)

Required criteria

The selection criteria for financial assistance under subsection (b) shall include—

(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;

(II)

the ability of the applicant to commence a project within a minimum amount of time;

(III)

the ability of the applicant to provide training and services to a representative number of women who are socially and economically disadvantaged; and

(IV)

the location for the women's business center site proposed by the applicant, including whether the applicant is located in a State in which there is not a women's business center receiving funding from the Administration.

(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.

(D)

Record retention

The Administrator shall maintain a copy of each application submitted under this subsection for not less than 7 years.

; and

(6)

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

(3)

Application and approval for renewal grants

(A)

Application

Each eligible entity desiring a grant under this subsection shall submit to the Administrator an application that contains—

(i)

a certification that the applicant—

(I)

is a private nonprofit organization;

(II)

has designated a full-time executive director or program manager to manage the women's business center operated by the applicant; and

(III)

as a condition of receiving a grant under this subsection, agrees—

(aa)

to receive a site visit as part of the final selection process;

(bb)

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

(cc)

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

(ii)

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

(iii)

information relating to assistance to be provided by the women's business center for which a grant under this subsection is sought in the area of the women's business center site;

(iv)

information demonstrating the use of resource partners of the Administration and other entities;

(v)

a 3-year plan that describes the ability of the women's business center for which a grant under this subsection is sought—

(I)

to serve women who are business owners or potential business owners by conducting training and counseling activities; and

(II)

to provide training and services to a representative number of women who are socially and economically disadvantaged; and

(vi)

any additional information that the Administrator may reasonably require.

(B)

Review and approval of applications for grants

(i)

In general

The Administrator shall—

(I)

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

(II)

whenever practicable, as part of the final selection process, conduct a site visit at each women's business center for which a grant under this subsection is sought.

(ii)

Selection criteria

(I)

In general

The Administrator shall evaluate applicants for grants under this subsection in accordance with selection criteria that are—

(aa)

established before the date on which applicants are required to submit the applications;

(bb)

stated in terms of relative importance; and

(cc)

publicly available and stated in each solicitation for applications for grants under this subsection made by the Administrator.

(II)

Required criteria

The selection criteria for a grant under this subsection shall include—

(aa)

the total number of entrepreneurs served by the applicant;

(bb)

the total number of new start-up companies assisted by the applicant;

(cc)

the percentage of the clients of the applicant that are socially or economically disadvantaged; and

(dd)

the percentage of individuals in the community served by the applicant who are socially or economically disadvantaged.

(iii)

Conditions for continued funding

In determining whether to make a grant under this subsection, the Administrator—

(I)

shall consider the results of the most recent evaluation of the women's business center for which a grant under this subsection is sought, and, to a lesser extent, previous evaluations; and

(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.

(C)

Notification

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

(D)

Record retention

The Administrator shall maintain a copy of each application submitted under this paragraph for not less than 7 years.

.

(b)

Technical and conforming Amendments

(1)

In general

Section 29 of the Small Business Act (15 U.S.C. 656) is amended—

(A)

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

(B)

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

(C)

in subsection (k)—

(i)

by striking paragraphs (1), (2), and (4);

(ii)

by redesignating paragraph (3) as paragraph (5); and

(iii)

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

(1)

In general

There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended—

(A)

$20,000,000 for fiscal year 2011;

(B)

$20,500,000 for fiscal year 2012; and

(C)

$21,000,000 for fiscal year 2013.

(2)

Allocation

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

(3)

Use of amounts

Amounts made available under this subsection may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section.

(4)

Continuing grant and cooperative agreement authority

(A)

In general

The authority of the Administrator to provide financial assistance under this section shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts.

(B)

Prompt disbursement

Upon receiving funds to carry out this section for a fiscal year, the Administrator shall, to the extent practicable, promptly reimburse funds to any women’s business center awarded financial assistance under this section if the center meets the eligibility requirements under this section.

(C)

Renewal

After the Administrator has entered into a grant or cooperative agreement with any women's business center under this section, the Administrator shall not suspend, terminate, or fail to renew or extend any such grant or cooperative agreement, unless the Administrator—

(i)

provides the women's business center with written notification setting forth the reasons for that action; and

(ii)

affords the center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code.

;

(D)

in subsection (m)(4)(D), by striking or subsection (l); and

(E)

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

(2)

Repeal of authority to waive non-Federal share

Section 1401(c)(2) of the Small Business Jobs Act of 2010 (Public Law 111–240; 124 Stat. 2550) is amended—

(A)

in subparagraph (A), by striking and at the end;

(B)

in subparagraph (B), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(C)

by redesignating paragraph (6) as paragraph (5).

.

243.

National Women’s Business Council

(a)

Membership

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

(3)

Representation of member organizations

In consultation with the chairperson of the Council and the Administrator, a national women's business organization or small business concern that is represented on the Council may replace its representative member on the Council during the service term to which that member was appointed.

.

(b)

Authorization of Appropriations

Section 410(a) of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7110(a)) is amended by striking 2001 through 2003, of which $550,000 and inserting 2011 through 2013, of which not less than 30 percent.

244.

Interagency Committee on Women’s Business Enterprise

(a)

Chairperson

Section 403(b) of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7103(b)) is amended—

(1)

by striking Not later and inserting the following:

(1)

In general

Not later

; and

(2)

by adding at the end the following:

(2)

Vacancy

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

.

(b)

Policy Advisory Group

Section 401 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7101) is amended—

(1)

by striking There and inserting the following:

(a)

Establishment of Committee

There

; and

(2)

by adding at the end the following:

(b)

Policy Advisory Group

(1)

Establishment

There is established a Policy Advisory Group within the Interagency Committee to assist the chairperson in developing policies and programs under this Act.

(2)

Membership

The Policy Advisory Group shall be composed of 7 policy making officials, of whom—

(A)

1 shall be a representative of the Small Business Administration;

(B)

1 shall be a representative of the Department of Commerce;

(C)

1 shall be a representative of the Department of Labor;

(D)

1 shall be a representative of the Department of Defense;

(E)

1 shall be a representative of the Department of the Treasury; and

(F)

2 shall be representatives of the Council.

(3)

Meetings

The Policy Advisory Group established under paragraph (1) shall meet not less frequently than 3 times each year to—

(A)

plan activities for the new fiscal year;

(B)

track year-to-date agency contracting activities; and

(C)

evaluate the progress during the fiscal year and prepare an annual report.

.

245.

Preserving the independence of the National Women’s Business Council

(a)

Findings

Congress finds the following:

(1)

The National Women’s Business Council provides an independent source of advice and policy recommendations regarding women’s business development and the needs of women entrepreneurs in the United States to—

(A)

the President;

(B)

Congress;

(C)

the Interagency Committee on Women’s Business Enterprise; and

(D)

the Administrator.

(2)

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

(3)

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

(4)

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

(b)

Maintenance of Partisan Balance

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

(4)

Partisan balance

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

(5)

Accountability

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

.

246.

Study and report on women's business centers

(a)

In general

The Comptroller General of the United States shall conduct a broad study of the unique economic issues facing women's business centers located in covered areas to identify—

(1)

the difficulties such centers face in raising non-Federal funds;

(2)

the difficulties such centers face competing for financial assistance, non-Federal funds, or other types of assistance;

(3)

the difficulties such centers face in writing grant proposals; and

(4)

other difficulties such centers face because of the economy in the type of covered area in which such centers are located.

(b)

Report

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

(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;

(2)

expand the presence of, and increase the services provided by, women's business centers located in covered areas; and

(3)

best use technology and other resources to better serve women business owners located in covered areas.

(c)

Definition of covered area

In this section, the term covered area means—

(1)

any State that is predominantly rural, as determined by the Administrator;

(2)

any State that is predominantly urban, as determined by the Administrator; and

(3)

any State or territory that is an island.

C

Native American small business development

261.

Native American small business development program

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

(1)

in section 4(b)(1) (15 U.S.C. 633(b)(1))—

(A)

in the fifth sentence, by striking five Associate Administrators and inserting 6 Associate Administrators; and

(B)

by inserting after the fifth sentence the following: 1 Associate Administrator shall be the Associate Administrator of the Office of Native American Affairs established by section 46.; and

(2)

by inserting after section 45, as added by section 101 of this Act, the following:

46.

Native American small business development program

(a)

Definitions

In this section:

(1)

Associate Administrator

The term Associate Administrator means the Associate Administrator of the Office of Native American Affairs established under subsection (b).

(2)

Center; Native American business center

The terms center and Native American business center mean a center established under subsection (c).

(3)

Eligible applicant

The term eligible applicant means—

(A)

a tribal college;

(B)

a private, nonprofit organization—

(i)

that provides business and financial or procurement technical assistance to 1 or more Native American communities; and

(ii)

that is dedicated to assisting one or more Native American communities; or

(C)

a small business development center, women’s business center, or other private organization participating in a joint project.

(4)

Joint project

The term joint project means a project that—

(A)

combines the resources and expertise of 2 or more distinct entities at a physical location dedicated to assisting the Native American community; and

(B)

submits to the Administration a joint application that contains—

(i)

a certification that each participant of the project—

(I)

is an eligible applicant;

(II)

employs an executive director or program manager to manage the center;

(ii)

information demonstrating a record of commitment to providing assistance to Native Americans; and

(iii)

information demonstrating that the participants in the joint project have the ability and resources to meet the needs, including the cultural needs, of the Native Americans to be served by the project.

(5)

Native American small business concern

The term Native American small business concern means a small business concern that is at least 51 percent owned and controlled by—

(A)

an Indian tribe or a Native Hawaiian Organization, as the terms are described in paragraphs (13) and (15) of section 8(a), respectively; or

(B)

1 or more individual members of an Indian tribe or Native Hawaiian Organization.

(6)

Native American small business development program

The term Native American small business development program means the program established under subsection (c).

(7)

Small business concern

The term small business concern has the same meaning as in section 3.

(8)

Small business development center

The term small business development center means a small business development center described in section 21.

(9)

Tribal college

The term tribal college has the meaning given the term tribally controlled college or university in section 2(a) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(a)).

(10)

Tribal land

The term tribal land has the meaning given the term reservation in section 3 of the Indian Financing Act (25 U.S.C. 1452).

(b)

Office of Native American Affairs

(1)

Establishment

There is established within the Administration the Office of Native American Affairs, which, under the direction of the Associate Administrator, shall implement the programs of the Administration for the development of business enterprises by Native Americans.

(2)

Purpose

The purpose of the Office of Native American Affairs is to help Native American small business concerns—

(A)

to start, operate, and increase the business of small business concerns;

(B)

to develop management and technical skills;

(C)

to seek Federal procurement opportunities;

(D)

to increase employment opportunities for Native Americans through the establishment and expansion of small business concerns; and

(E)

to increase the access of Native Americans to capital markets.

(3)

Associate Administrator

(A)

Appointment

The Administrator shall appoint a qualified individual to serve as Associate Administrator of the Office of Native American Affairs in accordance with this paragraph.

(B)

Qualifications

The Associate Administrator appointed under subparagraph (A) shall have—

(i)

knowledge of Native American culture; and

(ii)

experience providing culturally tailored small business development assistance to Native Americans.

(C)

Employment status

The Administrator shall establish the position of Associate Administrator, who shall—

(i)

be an appointee in the Senior Executive Service (as defined in section 3132(a) of title 5, United States Code); and

(ii)

shall report to and be responsible directly to the Administrator.

(D)

Responsibilities and duties

The Associate Administrator shall—

(i)

administer and manage the Native American small business development program;

(ii)

formulate, execute, and promote the policies and programs of the Administration that provide assistance to small business concerns owned and controlled by Native Americans;

(iii)

act as an ombudsman for full consideration of Native Americans in all programs of the Administration;

(iv)

recommend the annual administrative and program budgets for the Office of Native American Affairs;

(v)

consult with Native American business centers in carrying out the Native American small business development program;

(vi)

recommend appropriate funding levels;

(vii)

review the annual budgets submitted by each applicant for the Native American small business development program;

(viii)

select applicants to participate in the Native American small business development program;

(ix)

implement this section; and

(x)

maintain a clearinghouse for the dissemination and exchange of information between all Administration-sponsored business centers.

(E)

Consultation requirements

In carrying out the responsibilities and duties described in this paragraph, the Associate Administrator shall confer with and seek the advice of—

(i)

officials of the Administration working in areas served by Native American business centers; and

(ii)

eligible applicants.

(c)

Native American small business development program

(1)

Financial assistance

(A)

In general

The Administration, acting through the Associate Administrator, shall provide financial assistance to eligible applicants to establish Native American business centers in accordance with this section.

(B)

Use of funds

The financial and resource assistance provided under this subsection shall be used to establish a Native American business center to overcome obstacles impeding the establishment, development, and expansion of small business concerns, in accordance with this section.

(2)

5-Year projects

(A)

In general

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

(i)

financial education, including training and counseling in—

(I)

applying for and securing business credit and investment capital;

(II)

preparing and presenting financial statements; and

(III)

managing cash flow and other financial operations of a business concern;

(ii)

management education, including training and counseling in planning, organizing, staffing, directing, and controlling each major activity and function of a small business concern; and

(iii)

marketing education, including training and counseling in—

(I)

identifying and segmenting domestic and international market opportunities;

(II)

preparing and executing marketing plans;

(III)

developing pricing strategies;

(IV)

locating contract opportunities;

(V)

negotiating contracts; and

(VI)

using varying public relations and advertising techniques.

(B)

Business development assistance recipients

The business development assistance under subparagraph (A) shall be offered to prospective and current owners of Native American small business concerns.

(3)

Form of Federal financial assistance

(A)

Documentation

The financial assistance to Native American business centers authorized under this subsection may be made by grant, contract, or cooperative agreement.

(B)

Payments

(i)

Timing

Payments made under this subsection may be disbursed in periodic installments, at the request of the recipient.

(ii)

Advance

The Administrator may disburse not more than 25 percent of the annual amount of Federal financial assistance awarded to a Native American business center after notice of the award has been issued.

(C)

Non-Federal contributions

(i)

In general

(I)

Initial financial assistance

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

(aa)

in each of the first and second years of the project, not less than 33 percent of the amount of the financial assistance received under this subsection; and

(bb)

in the third through fifth years of the project, not less than 50 percent of the amount of the financial assistance received under this subsection.

(II)

Renewals

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

(III)

Exceptions

The requirements of this section may be waived at the discretion of the Administrator, based on an evaluation of the ability of the eligible applicant to provide non-Federal contributions.

(4)

Contract and cooperative agreement authority

A Native American business center may enter into a contract or cooperative agreement with a Federal department or agency to provide specific assistance to Native American and other underserved small business concerns located on or near tribal land, to the extent that the contract or cooperative agreement is consistent with and does not duplicate the terms of any assistance received by the Native American business center from the Administration.

(5)

Application process

(A)

Submission of a 5-year plan

Each applicant for assistance under paragraph (1) shall submit a 5-year plan to the Administration on proposed assistance and training activities.

(B)

Criteria

(i)

In general

The Administrator shall evaluate applicants for financial assistance under this subsection in accordance with selection criteria that are—

(I)

established before the date on which eligible applicants are required to submit the applications;

(II)

stated in terms of relative importance; and

(III)

publicly available and stated in each solicitation for applications for financial assistance under this subsection made by the Administrator.

(ii)

Considerations

The criteria required by this subparagraph shall include—

(I)

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

(II)

the ability of the applicant to commence a project within a minimum amount of time;

(III)

the ability of the applicant to provide quality training and services to a significant number of Native Americans;

(IV)

previous assistance from the Administration to provide services in Native American communities;

(V)

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

(VI)

demonstrated experience in providing technical assistance, including financial, marketing, and management assistance.

(6)

Conditions for participation

Each eligible applicant desiring a grant under this subsection shall submit an application to the Administrator that contains—

(A)

a certification that the applicant—

(i)

is an eligible applicant;

(ii)

employs a full-time executive director, project director, or program manager to manage the Native American business center; and

(iii)

agrees—

(I)

to a site visit by the Administrator as part of the final selection process;

(II)

to an annual programmatic and financial examination; and

(III)

to the maximum extent practicable, to remedy any problems identified pursuant to that site visit or examination;

(B)

information demonstrating that the applicant has the ability and resources to meet the needs, including cultural needs, of the Native Americans to be served by the grant;

(C)

information relating to proposed assistance that the grant will provide, including—

(i)

the number of individuals to be assisted; and

(ii)

the number of hours of counseling, training, and workshops to be provided;

(D)

information demonstrating the effectiveness and experience of the applicant in—

(i)

conducting financial, management, and marketing assistance programs designed to educate or improve the business skills of current or prospective Native American business owners;

(ii)

providing training and services to a representative number of Native Americans;

(iii)

using resource partners of the Administration and other entities, including institutions of higher education, Indian tribes, or tribal colleges; and

(iv)

the prudent management of finances and staffing;

(E)

the location at which the applicant will provide training and services to Native Americans;

(F)

a 5-year plan that describes—

(i)

the number of Native Americans and Native American small business concerns to be served by the grant;

(ii)

if the Native American business center is located in the continental United States, the number of Native Americans to be served by the grant; and

(iii)

the training and services to be provided to a representative number of Native Americans; and

(G)

if the applicant is a joint project—

(i)

a certification that each participant in the joint project is an eligible applicant;

(ii)

information demonstrating a record of commitment to providing assistance to Native Americans; and

(iii)

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

(7)

Review of applications

The Administrator shall approve or disapprove each completed application submitted under this subsection not later than 90 days after the date on which the eligible applicant submits the application.

(8)

Program examination

(A)

In general

Each Native American business center established under this subsection shall annually provide to the Administrator an itemized cost breakdown of actual expenditures made during the preceding year.

(B)

Administration action

Based on information received under subparagraph (A), the Administration shall—

(i)

develop and implement an annual programmatic and financial examination of each Native American business center assisted pursuant to this subsection; and

(ii)

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

(C)

Conditions for continued funding

In determining whether to renew a grant, contract, or cooperative agreement with a Native American business center, the Administration—

(i)

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

(ii)

may withhold the renewal, if the Administrator determines that—

(I)

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

(II)

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

(III)

the center has failed to comply with a requirement for participation in the Native American small business development program, as determined by the Administrator, including—

(aa)

failure to acquire or properly document a non-Federal contribution;

(bb)

failure to establish an appropriate partnership or program for marketing and outreach to reach new Native American small business concerns;

(cc)

failure to achieve results described in a financial assistance agreement; and

(dd)

failure to provide to the Administrator a description of the amount and sources of any non-Federal funding received by the center;

(IV)

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

(V)

the center cannot make the certification described in paragraph (6)(A).

(D)

Continuing contract and cooperative agreement authority

(i)

In general

The authority of the Administrator to enter into contracts or cooperative agreements in accordance with this subsection shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts.

(ii)

Renewal

After the Administrator has entered into a contract or cooperative agreement with any Native American business center under this subsection, the Administrator may not suspend, terminate, or fail to renew or extend any such contract or cooperative agreement unless the Administrator—

(I)

provides the center with written notification that describes the reasons for the action of the Administrator; and

(II)

affords the center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code.

(E)

Annual management report

(i)

In general

The Administrator shall prepare and submit to the Committee on Small Business and Entrepreneurship and the Committee on Indian Affairs of the Senate and the Committee on Small Business and the Committee on Natural Resources of the House of Representatives an annual report on the effectiveness of all projects conducted by Native American business centers under this subsection and any pilot programs administered by the Office of Native American Affairs.

(ii)

Contents

Each report submitted under clause (i) shall include, with respect to each Native American business center receiving financial assistance under this subsection—

(I)

the number of individuals receiving assistance from the Native American business center;

(II)

the number of startup business concerns established with the assistance of the Native American business center;

(III)

the number of existing businesses in the area served by the Native American business center seeking to expand employment;

(IV)

the number of jobs established or maintained, on an annual basis, by Native American small business concerns assisted by the center since receiving funding under this section;

(V)

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

(VI)

any additional information on the counseling and training program that the Administrator determines to be necessary; and

(VII)

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

(9)

Annual reports

Each Native American business center receiving financial assistance under this subsection shall submit to the Administrator an annual report on the services provided with the financial assistance, including—

(A)

the number of individuals assisted, by tribal affiliation;

(B)

the number of hours spent providing counseling and training for those individuals;

(C)

the number of startup small business concerns established or maintained with the assistance of the Native American business center;

(D)

the gross receipts of small business concerns assisted by the Native American business center;

(E)

the number of jobs established or maintained by small business concerns assisted by the Native American business center; and

(F)

the number of jobs for Native Americans established or maintained at small business concerns assisted by the Native American business center.

(10)

Record retention

(A)

Applications

The Administrator shall maintain a copy of each application submitted under this subsection for not less than 7 years.

(B)

Annual reports

The Administrator shall maintain copies of the certification submitted under paragraph (6)(A) indefinitely.

(d)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated to carry out the Native American small business development program $10,000,000 for each of fiscal years 2011 through 2013.

(2)

Administration

Not more than 10 percent of funds appropriated for a fiscal year may be used for the costs of administering the programs under this section.

.

D

Veterans' business development

281.

Veterans' business center program; Office of Veterans Business Development

(a)

In general

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

(f)

Online coordination

(1)

Definition

In this subsection, the term veterans' assistance provider means—

(A)

a veterans' business center established under subsection (g);

(B)

an employee of the Administration assigned to the Office of Veterans Business Development; and

(C)

a veterans business ownership representative designated under subsection (g)(13)(B).

(2)

Establishment

The Associate Administrator shall establish an online mechanism to—

(A)

provide information that assists veterans' assistance providers in carrying out the activities of the veterans' assistance providers; and

(B)

coordinate and leverage the work of the veterans' assistance providers, including by allowing a veterans' assistance provider to—

(i)

distribute best practices and other materials;

(ii)

communicate with other veterans' assistance providers regarding the activities of the veterans' assistance provider on behalf of veterans; and

(iii)

pose questions to and request input from other veterans' assistance providers.

(g)

Veterans' Business Center Program

(1)

Definitions

In this subsection—

(A)

the term active duty has the meaning given that term in section 101 of title 10, United States Code;

(B)

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

(C)

the term Reservist means a member of a reserve component of the Armed Forces, as described in section 10101 of title 10, United States Code;

(D)

the term SCORE program means the SCORE program authorized under section 8(b)(1);

(E)

the term small business concern owned and controlled by veterans

(i)

has the same meaning as in section 3(q); and

(ii)

includes a small business concern—

(I)

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

(II)

the management and daily business operations of which are controlled by one or more spouses of veterans;

(F)

the term spouse, relating to a veteran, service-disabled veteran, or Reservist, includes an individual who is the spouse of a veteran, service-disabled veteran, or Reservist on the date on which the veteran, service-disabled veteran, or Reservist died;

(G)

the term veterans' business center program means the program established under paragraph (2)(A); and

(H)

the term women’s business center means a women’s business center described in section 29.

(2)

Program Established

(A)

In general

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

(B)

Form of Financial Assistance

Financial assistance under this subsection may be in the form of a grant, a contract, or a cooperative agreement.

(3)

Veterans' business centers

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

(A)

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

(B)

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

(C)

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

(D)

advice, including training and counseling, for Reservists and the spouses of Reservists.

(4)

Application

(A)

In general

A private nonprofit organization desiring to receive financial assistance under this subsection shall submit an application to the Associate Administrator at such time and in such manner as the Associate Administrator may require.

(B)

5-year plan

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

(C)

Determination and Notification

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

(D)

Availability of application

The Associate Administrator shall make every effort to make the application under subparagraph (A) available online.

(5)

Eligibility

The Associate Administrator may select to receive financial assistance under this subsection—

(A)

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

(B)

private nonprofit organizations located in various regions of the United States, as the Associate Administrator determines is appropriate.

(6)

Selection criteria

(A)

In general

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

(B)

Criteria

The selection criteria established under this paragraph shall include—

(i)

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

(ii)

for an applicant for initial financial assistance under this subsection—

(I)

the ability of the applicant to begin operating a veterans' business center within a minimum amount of time; and

(II)

the geographic region to be served by the veterans' business center;

(iii)

the demonstrated ability of the applicant to—

(I)

provide managerial counseling and technical assistance to entrepreneurs; and

(II)

coordinate services provided by veterans services organizations and other public or private entities; and

(iv)

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

(C)

Criteria publicly available

The Associate Administrator shall—

(i)

make publicly available the selection criteria established under this paragraph; and

(ii)

include the criteria in each solicitation for applications for financial assistance under this subsection.

(7)

Amount of assistance

The amount of financial assistance provided under this subsection to a private nonprofit organization for each fiscal year shall be—

(A)

not less than $150,000; and

(B)

not more than $200,000.

(8)

Federal share

(A)

In general

(i)

Initial financial assistance

Except as provided in clause (ii) and subparagraph (E), a private nonprofit organization that receives financial assistance under this subsection shall provide non-Federal contributions for the operation of the veterans' business center established by the private nonprofit organization in an amount equal to—

(I)

in each of the first and second years of the project, not less than 33 percent of the amount of the financial assistance received under this subsection; and

(II)

in each of the third through fifth years of the project, not less than 50 percent of the amount of the financial assistance received under this subsection.

(ii)

Renewals

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

(B)

Form of non-federal share

Not more than 50 percent of the non-Federal share for a project carried out using financial assistance under this subsection may be in the form of in-kind contributions.

(C)

Timing of disbursement

The Associate Administrator may disburse not more than 25 percent of the financial assistance awarded to a private nonprofit organization before the private nonprofit organization obtains the non-Federal share required under this paragraph with respect to that award.

(D)

Failure to obtain non-federal funding

(i)

In general

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

(ii)

Restoration

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

(E)

Waiver of non-Federal share

(i)

In general

Upon request by a private nonprofit organization, and in accordance with this subparagraph, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under subparagraph (A) for a fiscal year. The Administrator may not waive the requirement for a private nonprofit organization to obtain non-Federal funds under this subparagraph for more than a total of 2 fiscal years.

(ii)

Considerations

In determining whether to waive the requirement to obtain non-Federal funds under this subparagraph, the Administrator shall consider—

(I)

the economic conditions affecting the private nonprofit organization;

(II)

the impact a waiver under this subparagraph would have on the credibility of the veterans' business center program;

(III)

the demonstrated ability of the private nonprofit organization to raise non-Federal funds; and

(IV)

the performance of the private nonprofit organization.

(iii)

Limitation

The Administrator may not waive the requirement to obtain non-Federal funds under this subparagraph if granting the waiver would undermine the credibility of the veterans' business center program.

(9)

Contract authority

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

(10)

Examination and determination of viability

(A)

Examination

(i)

In general

The Associate Administrator shall conduct an annual examination of the programs and finances of each veterans' business center established or operated using financial assistance under this subsection.

(ii)

Factors

In conducting the examination under clause (i), the Associate Administrator shall consider whether the veterans' business center has failed—

(I)

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

(II)

the center has failed to comply with a requirement for participation in the veterans' business center program, as determined by the Assistant Administrator, including—

(aa)

failure to acquire or properly document a non-Federal share;

(bb)

failure to establish an appropriate partnership or program for marketing and outreach to small business concerns;

(cc)

failure to achieve results described in a financial assistance agreement; and

(dd)

failure to provide to the Administrator a description of the amount and sources of any non-Federal funding received by the center;

(III)

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

(IV)

to meet the eligibility requirements under paragraph (5).

(B)

Information provided

In the course of an examination under subparagraph (A), the veterans' business center shall provide to the Associate Administrator—

(i)

an itemized cost breakdown of actual expenditures for costs incurred during the most recent full fiscal year;

(ii)

documentation of the amount of non-Federal contributions obtained and expended by the veterans' business center during the most recent full fiscal year; and

(iii)

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

(C)

Determination of viability

The Associate Administrator shall analyze the results of each examination under this paragraph and, based on that analysis, make a determination regarding the viability of the programs and finances of each veterans' business center.

(D)

Discontinuation of funding

(i)

In general

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

(ii)

Restoration

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

(11)

Privacy requirements

(A)

In general

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

(B)

Exception

A veterans' business center may disclose information described in subparagraph (A)—

(i)

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

(ii)

to the extent that the Administrator or Associate Administrator determines that such a disclosure is necessary to conduct a financial audit of a veterans' business center.

(C)

Administration use of information

This paragraph does not—

(i)

restrict access by the Administrator to program activity data; or

(ii)

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

(D)

Regulations

The Administrator shall issue regulations to establish standards for requiring disclosures under subparagraph (B)(ii).

(12)

Report

(A)

In general

Not later than 60 days after the end of each fiscal year, the Associate Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the effectiveness of the veterans' business center program in each region during the most recent full fiscal year.

(B)

Contents

Each report under this paragraph shall include, at a minimum, for each veterans' business center established or operated using financial assistance provided under this subsection—

(i)

the number of individuals receiving assistance from the veterans' business center, including the number of such individuals who are—

(I)

veterans or spouses of veterans;

(II)

service-disabled veterans or spouses of service-disabled veterans; or

(III)

Reservists or spouses of Reservists;

(ii)

the number of startup small business concerns formed by individuals receiving assistance from the veterans' business center, including—

(I)

veterans or spouses of veterans;

(II)

service-disabled veterans or spouses of service-disabled veterans; or

(III)

Reservists or spouses of Reservists;

(iii)

the gross receipts of small business concerns that receive advice from the veterans' business center;

(iv)

the employment increases or decreases of small business concerns that receive advice from the veterans' business center;

(v)

to the maximum extent practicable, the increases or decreases in profits of small business concerns that receive advice from the veterans' business center; and

(vi)

the results of the examination of the veterans' business center under paragraph (10).

(13)

Coordination of efforts and consultation

(A)

Coordination and consultation

To the extent practicable, the Associate Administrator and each private nonprofit organization that receives financial assistance under this subsection shall—

(i)

coordinate outreach and other activities with other programs of the Administration and the programs of other Federal agencies;

(ii)

consult with technical representatives of the district offices of the Administration in carrying out activities using financial assistance under this subsection; and

(iii)

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

(B)

Veterans business ownership representatives

(i)

Designation

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

(ii)

Initial designation

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

(14)

Existing contracts

An award of financial assistance under this subsection shall not void any contract between a private nonprofit organization and the Administration that is in effect on the date of such award.

(h)

Authorization of appropriations

There are authorized to be appropriated—

(1)

to carry out subsections (a) through (f), $2,000,000 for each of fiscal years 2011 through 2013; and

(2)

to carry out subsection (g)—

(A)

$8,000,000 for fiscal year 2011;

(B)

$8,500,000 for fiscal year 2012; and

(C)

$9,000,000 for fiscal year 2013.

.

(b)

GAO Reports

(1)

Definitions

In this subsection—

(A)

the terms Reservist, small business concern owned and controlled by veterans, and veterans’ business center program have the meanings given those terms in section 32(g) of the Small Business Act, as added by subsection (a); and

(B)

the term veteran has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).

(2)

Report on access to credit

(A)

In general

Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit a report regarding the ability of small business concern owned and controlled by veterans to access credit to—

(i)

the Committee on Veterans' Affairs and the Committee on Small Business and Entrepreneurship of the Senate; and

(ii)

the Committee on Veterans' Affairs and the Committee on Small Business of the House of Representatives.

(B)

Contents

The report submitted under subparagraph (A) shall include an analysis of—

(i)

the sources of credit used by small business concerns owned and controlled by veterans and percentage of the credit obtained by small business concern owned and controlled by veterans that is obtained from each source;

(ii)

the default rate for small business concerns owned and controlled by veterans separately for each source of credit described in clause (i), as compared to the default rate for the source of credit for small business concerns generally;

(iii)

the Federal lending programs available to provide credit to small business concerns owned and controlled by veterans;

(iv)

gaps, if any, in the availability of credit for small business concerns owned and controlled by veterans that are not being filled by the Federal Government or private sources;

(v)

obstacles faced by veterans in trying to access credit;

(vi)

the extent to which deployment and other military responsibilities affect the credit history of veterans and Reservists; and

(vii)

the extent to which veterans are aware of Federal programs targeted towards helping veterans access credit.

(3)

Report on veterans’ business center program

(A)

In general

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

(B)

Contents

The report submitted under subparagraph (A) shall include—

(i)

an assessment of—

(I)

the use of amounts made available to carry out the veterans’ business center program;

(II)

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

(III)

whether the services described in subclause (II) are duplicative of services provided by other veteran service organizations, programs of the Small Business Administration, or programs of another Federal department or agency and, if so, recommendations regarding how to alleviate the duplication of the services; and

(IV)

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

(ii)

recommendations, if any, for improving the veterans’ business center program.

(c)

Reporting requirement for interagency task force

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

(4)

Report

Not less frequently than twice each year, the Administrator shall submit to Congress a report on the appointments made to and activities of the task force.

.

(d)

Repeal and renewal of grants

(1)

Definition

In this subsection, the term covered grant, contract, or cooperative agreement means a grant, contract, or cooperative agreement that was—

(A)

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

(B)

in effect on or before the date described in paragraph (2)(B).

(2)

Repeal

(A)

In general

Section 8(b) of the Small Business Act (15 U.S.C. 637(b)) is amended—

(i)

in paragraph (15), by adding and at the end;

(ii)

in paragraph (16), by striking ; and and inserting a period; and

(iii)

by striking paragraph (17).

(B)

Effective date

The amendments made by paragraph (1) shall take effect 60 days after the date of enactment of this Act.

(3)

Transitional rules

(A)

In General

Notwithstanding any other provision of law, a covered grant, contract, or cooperative agreement shall remain in full force and effect under the terms, and for the duration, of the covered grant, contract, or agreement.

(B)

Additional requirements

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

(4)

Renewal of financial assistance

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

III

Disaster relief and assistance

301.

Improvements to the Pioneer Business Recovery Program

(a)

In general

Section 12085 of the Food, Conservation, and Energy Act of 2008 (15 U.S.C. 636j) is amended—

(1)

in the section heading, by striking Expedited disaster assistance loan program and inserting Pioneer Business Recovery Program;

(2)

by striking expedited disaster assistance business loan program each place it appears and inserting Pioneer Business Recovery Program;

(3)

in subsection (b) by striking paragraph (9) and all that follows and inserting section 7(b) of the Small Business Act (15 U.S.C. 636(b)).; and

(4)

in subsection (d)(3)(A), by striking $150,000 and inserting $250,000.

(b)

Technical and conforming amendment

The table of contents in section 1(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1651) is amended by striking the item relating to section 12085 and inserting the following:

Sec. 12085. Pioneer Business Recovery Program.

.

302.

Increased limits

(a)

Homeowners and lessees

Section 7 of the Small Business Act (15 U.S.C. 636) is amended—

(1)

in subsection (d)(6)—

(A)

by striking $100,000 and inserting $400,000; and

(B)

by striking $20,000 and inserting $80,000;

(2)

by striking (e) [RESERVED].; and

(3)

by striking (f) [RESERVED]..

(b)

Other loans

Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended—

(1)

in paragraph (3)(E) by striking $1,500,000 each place it appears and inserting $4,000,000; and

(2)

in paragraph (8)(A) by striking $2,000,000 and inserting $4,000,000.

303.

Modified collateral requirements

Section 7(d)(6) of the Small Business Act (15 U.S.C. 636(d)(6)) is amended by inserting after which are made under paragraph (1) of subsection (b) the following: : Provided further, That the Administrator shall not require collateral for a loan of not more than $200,000 under paragraph (1) or (2) of subsection (b) relating to damage to or destruction of property of, or economic injury to, a small business concern.

304.

Regional outreach on disaster assistance programs

(a)

Report

In accordance with sections 7(b)(4) and 40(a) of the Small Business Act (15 U.S.C. 636(b)(4) and 657l(a)) and not later than 60 days after the date of enactment of this Act, 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 detailing—

(1)

information on the disasters, manmade or natural, most likely to occur in each region of the Administration and likely scenarios for each disaster in each region;

(2)

information on plans of the Administration, if any, to conduct annual disaster outreach seminars, including events with resource partners of the Administration, in each region before periods of predictable disasters described in paragraph (1);

(3)

information on plans of the Administration for satisfying the requirements under section 40(a) of the Small Business Act not satisfied on the date of enactment of this Act; and

(4)

such additional information as determined necessary by the Administrator.

(b)

Availability of information

The Administrator shall—

(1)

post the disaster information provided under subsection (a) on the website of the Administration; and

(2)

make the information provided under subsection (a) available, upon request, at each regional and district office of the Administration.

IV

Contracting improvements

401.

Surety bonds

(a)

Maximum bond amount

Section 411(a)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended by striking (1) and all that follows and inserting the following: “(1)(A) The Administration may, upon such terms and conditions as it may prescribe, guarantee and enter into commitments to guarantee any surety against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto, by a principal on any total work order or contract amount at the time of bond execution that does not exceed $5,000,000.

(B)

The Administrator may guarantee a surety under subparagraph (A) for a total work order or contract amount that does not exceed $10,000,000, if a contracting officer of a Federal agency certifies that such a guarantee is necessary.

.

(b)

Denial of liability

Section 411 of the Small Business Investment Act of 1958 (15 U.S.C. 694b) is amended—

(1)

by striking subsection (e) and inserting the following:

(e)

Reimbursement of Surety; Conditions

Pursuant to any such guarantee or agreement, the Administration shall reimburse the surety, as provided in subsection (c) of this section, except that the Administration shall be relieved of liability (in whole or in part within the discretion of the Administration) if—

(1)

the surety obtained such guarantee or agreement, or applied for such reimbursement, by fraud or material misrepresentation;

(2)

the total contract amount at the time of execution of the bond or bonds exceeds $5,000,000;

(3)

the surety has breached a material term or condition of such guarantee or agreement; or

(4)

the surety has substantially violated the regulations promulgated by the Administration pursuant to subsection (d).

;

(2)

by striking subsection (k); and

(3)

by adding after subsection (i) the following:

(j)

Denial of liability

For bonds made or executed with the prior approval of the Administration, the Administration shall not deny liability to a surety based upon material information that was provided as part of the guaranty application.

.

(c)

Size standards

Section 410 of the Small Business Investment Act of 1958 (15 U.S.C. 694a) is amended—

(1)

by striking paragraph (9); and

(2)

adding after paragraph (8) the following:

(9)

Notwithstanding any other provision of law or any rule, regulation, or order of the Administration, for purposes of sections 410, 411, and 412 the term small business concern means a business concern that meets the size standard for the primary industry in which such business concern, and the affiliates of such business concern, is engaged, as determined by the Administrator in accordance with the North American Industry Classification System.

.

402.

Section 8(a) improvements

(a)

Programs for socially and economically disadvantaged small business concerns

(1)

Net worth threshold

(A)

In general

Section 8(a)(6)(A) of the Small Business Act (15 U.S.C. 637(a)(6)(A)) is amended—

(i)

by inserting (i) after (6)(A);

(ii)

by striking In determining the degree of diminished credit and inserting the following:

(ii)
(I)

In determining the degree of diminished credit

;

(iii)

by striking In determining the economic disadvantage and inserting the following:

(iii)

In determining the economic disadvantage

; and

(iv)

by inserting after clause (ii)(I), as so designated by this section, the following:

(II)
(aa)

Not later than 1 year after the date of enactment of the Small Business Investment and Innovation Act of 2010, the Administrator shall—

(AA)

assign each North American Industry Classification System industry code to a category described in item (cc); and

(BB)

for each category described in item (cc), establish a maximum net worth for the socially disadvantaged individuals who own or control small business concerns in the category that participate in the program under this subsection.

(bb)

The maximum net worth for a category described in item (cc) shall be not less than the modified net worth limitations established by the Administrator under section 402(a)(1)(B) of the Small Business Investment and Innovation Act of 2010.

(cc)

The categories described in this item are—

(AA)

manufacturing;

(BB)

construction;

(CC)

professional services; and

(DD)

general services.

(III)

The Administrator shall establish procedures that—

(aa)

account for inflationary adjustments to, and include a reasonable assumption of, the average income and net worth of the owners of business concerns that are dominant in the field of operation of the business concern; and

(bb)

require an annual inflationary adjustment to the average income and maximum net worth requirements under this clause.

(IV)

In determining the assets and net worth of a socially disadvantaged individual under this subparagraph, the Administrator shall not consider any assets of the individual that are held in a qualified retirement plan, as that term is defined in section 4974(c) of the Internal Revenue Code of 1986.

.

(B)

Temporary inflationary adjustment

(i)

In general

Not later than 30 days after the date of enactment of this Act, the Administrator shall modify the net worth limitations established by the Administrator for purposes of the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) by adjusting the amount of the net worth limitations for inflation during the period beginning on the date on which the Administrator established the net worth limitations and the date of enactment of this Act.

(ii)

Termination

The Administrator shall apply the net worth limitations established under clause (i) until the effective date of the net worth limitations established by the Administrator under clause (ii)(II) of section 8(a)(6)(A) of the Small Business Act (15 U.S.C. 637(a)(6)(A)), as added by this paragraph.

(C)

Transition period

Section 7(j)(15) of the Small Business Act (15 U.S.C. 636(j)(15)) is amended—

(i)

by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

(D)

by striking Subject to and inserting (A) Except as provided in subparagraph (B), and subject to; and

(E)

by adding at the end the following:

(B)
(i)

A small business concern may receive developmental assistance under the Program and contracts under section 8(a) during the 3-year period beginning on the date on which the small business concern graduates—

(I)

because the small business concern has participated in the Program for the total period authorized under subparagraph (A); or

(II)

under section 8(a)(6)(C)(ii), because the socially disadvantaged individuals who own or control the small business concern have a net worth that is more than the maximum net worth established by the Administrator.

(ii)

After the end of the 3-year period described in clause (i), a small business concern described in clause (i)—

(I)

may not receive developmental assistance under the Program or contracts under section 8(a); and

(II)

may continue to perform and receive payment under a contract received by the small business concern under section 8(a) before the end of the period, under the terms of the contract.

.

(2)

GAO study

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

(22)

Review of effectiveness

(A)

GAO study

Not later than 5 years after the date of enactment of this paragraph, and every 5 years thereafter, the Comptroller General of the United States shall—

(i)

conduct an evaluation of the effectiveness of the program under this subsection, including an examination of—

(I)

the number and size of contracts applied for, as compared to the number received by, small business concerns after successfully completing the program;

(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;

(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; and

(IV)

the number of training sessions offered under the program; and

(ii)

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 clause (i).

(B)

SBA report

Not later than 1 year after the date of enactment of this paragraph, and every year 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 evaluating the program under this section, including an assessment of—

(i)

the regulations promulgated to carry out the program;

(ii)

online training under the program; and

(iii)

whether the structure of the program is conducive to business development.

.

(3)

Report on fraud detection

Not later than 90 days after the date of enactment of this Act, the Administrator shall—

(A)

assess the workload of business development specialists of the Administration;

(B)

evaluate the use of fraud detection tools, such as the use of data mining techniques and provide additional financial and analytical training for business development specialists of the Administration;

(C)

propose amendments to regulations and operational changes that would closely evaluate an applicant to participate in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) if a family member of the applicant is, or has been, a participant in the program under section 8(a) of the Small Business Act providing the same type of supplies or services as the applicant;

(D)

review the regulations relating to economic disadvantage with respect to the income and asset levels of an applicant for or participant in the program under section 8(a) of the Small Business Act at the time of application and annual certification; and

(E)

submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the assessment, evaluation, proposals, and review under this paragraph.

(b)

Surety bond pilot program

(1)

Definitions

In this subsection—

(A)

the terms bid bond, payment bond, performance bond, and surety have the meanings given those terms in section 410 of the Small Business Investment Act of 1958 (15 U.S.C. 694a);

(B)

the term Board means the pilot program advisory board established under paragraph (4)(A);

(C)

the term eligible small business concern means a socially and economically disadvantaged small business concern that is participating in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a));

(D)

the term Fund means the Small Business Surety Bond Pilot Program Fund established under paragraph (5)(A);

(E)

the term graduated has the meaning given that term in section 7(j)(10)(H) of the Small Business Act (15 U.S.C. 636(j)(10)(H));

(F)

the term pilot program means the surety bond pilot program established under paragraph (2)(A); and

(G)

the term socially and economically disadvantaged small business concern has the meaning given that term in section 8(a) of the Small Business Act (15 U.S.C. 637(a)).

(2)

Program

(A)

In general

The Administrator shall establish a surety bond pilot program under which the Administrator may guarantee any surety against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto, by an eligible small business concern.

(B)

Application

An eligible small business concern desiring a guarantee under the pilot program shall submit an application at such time, in such manner, and accompanied by such information as the Administrator may require.

(C)

Review

A surety desiring a guarantee under the pilot program against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto by an eligible small business concern shall—

(i)

submit to the Administrator a report evaluating whether the eligible small business concern meets such criteria as the Administrator may establish relating to whether a bond should be issued to the eligible small business concern; and

(ii)

if the Administrator does not guarantee the surety against loss, submit an update of the report described in clause (i) every 6 months.

(3)

Technical assistance and educational training

(A)

In general

The Administrator shall provide technical assistance and educational training to an eligible small business concern participating in the pilot program or desiring to participate in the pilot program for a period of not less than 3 years, to promote the growth of the eligible small business concern and assist the eligible small business concern in promoting job development.

(B)

Topics

(i)

Technical assistance

The technical assistance under subparagraph (A) shall include assistance relating to—

(I)

scheduling of employees;

(II)

cash flow analysis;

(III)

change orders;

(IV)

requisition preparation;

(V)

submitting proposals;

(VI)

dispute resolution; and

(VII)

contract management.

(ii)

Educational training

The educational training under subparagraph (A) shall include training regarding—

(I)

accounting;

(II)

legal issues;

(III)

infrastructure;

(IV)

human resources;

(V)

estimating costs;

(VI)

scheduling; and

(VII)

any other area the Administrator determines is a key area for which training is needed for eligible small business concerns.

(4)

Panel

(A)

Establishment

The Administrator shall establish a pilot program advisory board to evaluate and make recommendations regarding the pilot program.

(B)

Membership

The Board shall be composed of 5 members—

(i)

who shall be appointed by the Administrator;

(ii)

not less than 2 of whom shall have graduated from the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)); and

(iii)

not more than 1 of whom may be an officer or employee of the Administration.

(C)

Duties

The Board shall—

(i)

evaluate and make recommendations to the Administrator regarding the effectiveness of the pilot program;

(ii)

make recommendations to the Administrator regarding performance measures to evaluate eligible small business concerns applying for a guarantee under the pilot program; and

(iii)

not later than 90 days after the date on which all members of the Board are appointed, and every year thereafter until the authority to carry out the pilot program terminates under paragraph (6), submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the activities of the Board.

(5)

Fund

(A)

Establishment of Fund

There is established in the Treasury of the United States a revolving fund to be known as the Small Business Surety Bond Pilot Program Fund, to be administered by the Administrator.

(B)

Availability

Amounts in the Fund shall be available without fiscal year limitation or further appropriation by Congress.

(C)

Authorization of appropriations

There is authorized to be appropriated to the Fund $20,000,000.

(D)

Rescission

Effective on the day after the date on which the term of all guarantees made under the pilot program have ended, all amounts in the Fund are rescinded.

(6)

Termination

The Administrator may not make a guarantee to a surety against loss under the pilot program on or after the date that is 7 years after the date on which the Administrator makes the first guarantee under the pilot program.

(c)

Extension of participation term for victims of Hurricane Katrina or Hurricane Rita

(1)

Retroactivity

If a small business concern, while participating in any program or activity under the authority of paragraph (10) of section 7(j) of the Small Business Act (15 U.S.C. 636(j)), was located in a parish or county described in paragraph (2) of this subsection and was affected by Hurricane Katrina of 2005 or Hurricane Rita of 2005, the period during which that small business concern is permitted continuing participation and eligibility in that program or activity shall be extended for 24 months after the date such participation and eligibility would otherwise terminate.

(2)

Parishes and counties covered

Paragraph (1) applies to any parish in the State of Louisiana, or any county in the State of Mississippi or in the State of Alabama, that has been designated by the Administrator as a disaster area by reason of Hurricane Katrina of 2005 or Hurricane Rita of 2005 under disaster declaration 10176, 10177, 10178, 10179, 10180, 10181, 10205, or 10206.

(3)

Review and compliance

The Administrator shall ensure that the case of every small business concern participating before the date of enactment of this Act in a program or activity covered by paragraph (1) is reviewed and brought into compliance with this subsection.

V

Trade and export enhancements

501.

Online export readiness assessment tool

(a)

Development of tool

Section 22 of the Small Business Act (15 U.S.C. 649) is amended—

(1)

by redesignating subsection (l) as subsection (m); and

(2)

by inserting after subsection (k) the following:

(l)

Export readiness assessment tool

(1)

Assessment tool

The Associate Administrator, in consultation with the Secretary of Commerce and working in close cooperation with the Secretary of Agriculture, the United States Trade Representative, the Secretary of Agriculture, the Export-Import Bank of the United States, the Overseas Private Investment Corporation, and other relevant Federal agencies, regional and district offices of the Administration, small business development centers engaged in export promotion efforts, networks of women's business centers, the SCORE program authorized by section 8(b)(1), Export Assistance Centers, relevant State and local export promotion programs, and partners in the private sector, shall develop a comprehensive assessment tool that allows small business concerns to assess the export readiness of the small business concerns, which shall incorporate factors including—

(A)

the amount of time that a small business concern has been in operation;

(B)

the amount of time that a small business concern has successfully conducted business or sold a product or service in the United States;

(C)

the profitability of a small business concern, based on operations in the United States;

(D)

the compliance of a small business concern with the Internal Revenue Code of 1986;

(E)

the production and marketing capacity of a small business concern that can be committed to export operations, including the production of products and services for export, the development of opportunities in markets outside the United States, the allocation of staff resources, and the ability to deliver customer service support;

(F)

the knowledge of a small business concern of the costs associated with exporting and conducting business with foreign purchasers, including the costs of freight forwarding, customs brokers, packing and shipping, and the development of an international business and marketing plan;

(G)

the knowledge of a small business concern of foreign import regulations, trade barriers, and cultural preferences in targeted export markets;

(H)

the knowledge of a small business concern of United States export regulations and compliance practices;

(I)

the knowledge of a small business concern of export payment and financing mechanisms and resources, including the development and negotiation of letters of credit and access to financial resources and capital to facilitate or finance sales and marketing operations overseas; and

(J)

any other factors, as the Associate Administrator determines is appropriate or necessary.

(2)

Availability of tool

The Associate Administrator shall make the assessment tool developed under paragraph (1) available online, on the website of the Administration, and through the regional and district offices of the Administration, the small business development center network, networks of women's business centers, the SCORE program authorized by section 8(b)(1), Export Assistance Centers, State and local export promotion programs, and partners in the private sector.

(3)

Referrals

The Associate Administrator shall refer small business concerns that use the assessment tool developed under paragraph (1) to local export assistance resources, including resources of the Department of Commerce, the Department of Agriculture, the United States Trade Representative, the Export-Import Bank of the United States, the Overseas Private Investment Corporation, and other relevant Federal agencies, the regional and district offices of the Administration, the small business development center network, networks of women's business centers, the SCORE program authorized by section 8(b)(1), Export Assistance Centers, State and local export promotion programs, and partners in the private sector.

(4)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subsection.

.

(b)

Reporting requirement

Section 22(f) of the Small Business Act (15 U.S.C. 649(f)) is amended—

(1)

by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively; and

(2)

by inserting after paragraph (3) the following:

(4)

for the period addressed by the report, the number of small business concerns that—

(A)

used the assessment tool developed under subsection (l);

(B)

were referred to local export assistance resources described in subsection (l)(3) after using the assessment tool; and

(C)

made a successful foreign sale after using the assessment tool;

.

502.

Marketing and outreach initiatives to small business concerns

(a)

Outreach events required

(1)

Amendment

Section 22(c)(11) of the Small Business Act (15 U.S.C. 649(c)(11)) is amended by striking concerns; and inserting the following: “concerns, which shall include—

(A)

conducting, in each region of the Administration, outreach events that—

(i)

promote exporting as a business development opportunity;

(ii)

raise awareness of the National Export Initiative established under Executive Order 13534 (75 Fed. Reg. 12433; relating to the National Export Initiative);

(iii)

are focused on small business concerns that are new to exporting;

(iv)

are conducted not less frequently than—

(I)

once in each of fiscal years 2011 through 2014; and

(II)

twice in fiscal year 2015 and each fiscal year thereafter; and

(B)

conducting outreach events, in coordination with the Department of Commerce, the Export-Import Bank of the United States, the Department of Agriculture, the Overseas Private Investment Corporation, the United States Trade and Development Agency, the Department of State, and, as the Associate Administrator determines is appropriate, other members of the Trade Promotion Coordinating Committee, that are designed to reach—

(i)

small business concerns located in a rural area, as that term is defined in section 1393(a)(2) of the Internal Revenue Code of 1986;

(ii)

small business concerns owned and controlled by women;

(iii)

small business concerns owned by veterans and small business concerns owned and controlled by service-disabled veterans; and

(iv)

socially and economically disadvantaged small business concerns;

.

(2)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out section 22(c)(11) of the Small Business Act (15 U.S.C. 649(c)(11)), as amended by paragraph (1) of this subsection.

(b)

Reporting requirements

Section 22(f) of the Small Business Act (15 U.S.C. 649(f)) is amended by inserting after paragraph (4), as added by section 501(b) of this Act, the following:

(5)

for the year ending on the date of the report—

(A)

the number and location of the outreach events conducted under subsection (c)(11)(A);

(B)

the number of small business concerns that—

(i)

participated in each event described in subparagraph (A); and

(ii)

were referred to a resource partner of the Administration or a Federal agency that is a member of the Trade Promotion Coordinating Committee as a result of each event described in subparagraph (A);

.

503.

Expansion of State Trade and Export Promotion Grant Program to cities and major metropolitan areas

Section 1207 of the Small Business Jobs Act of 2010 (15 U.S.C. 649b note) is amended—

(1)

in subsection (b), by inserting , and to municipalities in accordance with subsection (c)(5), after grants to States;

(2)

in subsection (c)—

(A)

in paragraph (1), by inserting or municipality after State each place that term appears;

(B)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A), by striking that proposes a program and inserting or municipality;

(ii)

in subparagraph (B), by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and adjusting the margins accordingly;

(iii)

by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly;

(iv)

by inserting before clause (i), as so redesignated, the following:

(A)

has a small business program or exporting program in place at the time the State or municipality submits the application; and

(B)

proposes a program that—

; and

(v)

in clause (iii), as so redesignated, by inserting in the case of an application by a State, before promotes exports;

(C)

in paragraph (4), by inserting or municipality after State;

(D)

by adding at the end the following:

(5)

Limitation on award of grants to municipalities

The Associate Administrator may make a grant to a municipality on and after the date that is 1 year after the date of enactment of this Act, if the State in which the municipality is located has not, as of the date that is 1 year after the date of enactment of this Act, applied for a grant under this section.

;

(3)

in subsection (e), by inserting or municipality after State each place that term appears; and

(4)

in subsection (g)(2)—

(A)

in subparagraph (B), by inserting and municipalities after States; and

(B)

in subparagraph (C), by inserting or municipality after State.

VI

Regulatory relief

601.

Definitions

(a)

Independent establishments

Section 601(1) of title 5, United States Code, is amended by inserting , including an independent establishment as defined in section 104 of this title after title.

(b)

Significant guidance documents

Section 601 of title 5, United States Code, is amended by striking paragraph (2) and inserting the following:

(2)

the term rule

(A)

means any rule for which the agency publishes a general notice of proposed rulemaking under section 553(b) of this title, or any other law;

(B)

includes—

(i)

any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment; and

(ii)

any significant guidance document, as defined in the Office of Management and Budget Final Bulletin for Agency Good Guidance Procedures (72 Federal Register 3432; January 25, 2007); and

(C)

does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances;

.

(c)

Inclusion of Indian tribes as small governmental jurisdictions

Section 601(5) of title 5, United States Code, is amended by inserting Indian tribes as defined under section 8(a)(13) of the Small Business Act (15 U.S.C. 637(a)(13)), after school districts,.

602.

Certification of rules

(a)

Preparation of initial regulatory flexibility analysis before final regulatory flexibility analysis

Section 605(b) of title 5, United States Code, is amended—

(1)

by inserting (1) after (b); and

(2)

by adding at the end the following:

(2)

If the head of the agency determines that there will be a significant economic impact on a substantial number of small entities after publication of the certification required under paragraph (1), the agency shall comply with the requirements of section 603 before the publication of the final rule, by—

(A)

publishing an initial regulatory flexibility analysis for public comment; or

(B)

re-proposing the rule with an initial regulatory flexibility analysis.

.

(b)

Determinations before certifications

Section 605(b) of title 5, United States Code, (as amended by subsection (a) of this section) is further amended by adding at the end the following:

(3)

The head of an agency may not certify a rule under this subsection, unless the head of the agency has determined—

(A)

the average cost of the rule for small entities affected or reasonably presumed to be affected by the rule;

(B)

the number of small entities affected or reasonably presumed to be affected by the rule; and

(C)

the number of affected small entities for which that cost will be significant.

.

(c)

Accuracy of certifications

Section 605(b) of title 5, United States Code, (as amended by subsections (a) and (b) of this section) is further amended by adding at the end the following:

(4)

Before publishing a certification and a statement providing the factual basis for that certification under paragraph (1), the head of the agency shall—

(A)

transmit a copy of that certification and statement to the Chief Counsel for Advocacy of the Small Business Administration; and

(B)

consult with the Chief Counsel for Advocacy of the Small Business Administration on the accuracy of that certification and statement.

.

603.

Application to interim final rules

Section 608 of title 5, United States Code, is amended—

(1)

in subsection (a), by inserting the interim final rule or before the final rule each place that term appears; and

(2)

in subsection (b)—

(A)

in the second sentence—

(i)

by inserting an interim final rule or before a final rule; and

(ii)

by inserting the interim final rule or before the final rule; and

(B)

in the third sentence, by inserting the interim final rule or before the final rule.

604.

Review panels

Section 609(b) of title 5, United States Code, is amended—

(1)

by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;

(2)

by inserting after paragraph (1) the following:

(2)

not later than 60 days before convening a panel under paragraph (4), a covered agency shall submit written notification and a statement to the Chief Counsel for Advocacy of the Small Business Administration and the Office of Information and Regulatory Affairs within the Office of Management and Budget that includes—

(A)

the date the panel will convene;

(B)

a description of all potential regulatory alternatives to be considered by the panel; and

(C)

data or statistical information in support of each potential regulatory alternative.

; and

(3)

in paragraph (6) (as redesignated under paragraph (1) of this section), by striking pursuant to paragraph (3) and inserting under paragraph (4).

605.

Judicial review

Section 611(a) of title 5, United States Code, is amended—

(1)

in paragraph (1), by inserting 603, after 601,;

(2)

in paragraph (2), by inserting 603, after 601,;

(3)

in paragraph (3), by striking (3)(A) through the end of subparagraph (A) and inserting the following:

(3)
(A)

A small entity may seek such review during the period beginning on the date of final agency action and ending one year later, except that—

(i)

where a provision of law requires that an action challenging a final agency action be commenced before the expiration of one year, such lesser period shall apply to an action for judicial review under this section; and

(ii)

in the case of noncompliance with section 603 or 605(b), a small entity may seek judicial review of agency compliance with those sections before the close of the public comment period.

; and

(4)

in paragraph (4)—

(A)

in subparagraph (A), by striking , and and inserting a semicolon;

(B)

in subparagraph (B), by striking the period and inserting ; or; and

(C)

by adding at the end the following:

(C)

issuing an injunction prohibiting an agency from taking any agency action with respect to a rulemaking until that agency is in compliance with the requirements of section 603 or 605.

.

606.

Research grant authority

(a)

Grant authority

The Office of Advocacy of the Small Business Administration may establish a grant program and award grants to institutions of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), to conduct research on issues that affect small business concerns.

(b)

Authorization of appropriations

There are authorized to be appropriated such sums as necessary to carry out this section.