II
112th CONGRESS
2d Session
S. 3572
IN THE SENATE OF THE UNITED STATES
September 19, 2012
Ms. Snowe introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend the Internal Revenue Code of 1986, title 5, United States Code, the Small Business Act, and the Small Business Investment Act of 1958 to provide certainty for small business concerns, and for other purposes.
Short title
This Act may be cited as
the Restoring Tax and Regulatory
Certainty to Small Businesses Act of 2012
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—Small business tax extenders
Sec. 101. References.
Sec. 102. Extension of temporary exclusion of 100 percent of gain on certain small business stock.
Sec. 103. Extension of alternative minimum tax rules for general business credits of eligible small businesses.
Sec. 104. Extension of 5-year carryback of general business credits of eligible small businesses.
Sec. 105. Extension of reduction in S-corp recognition period for built-in gains tax.
Sec. 106. Extension of increased expensing limitations and treatment of certain real property as section 179 property.
Sec. 107. Extension of special rule for long-term contract accounting.
Sec. 108. Extension of increased amount allowed as a deduction for start-up expenditures.
Sec. 109. Extension of allowance of deduction for health insurance in computing self-employment taxes.
TITLE II—Regulatory relief
Sec. 201. Findings.
Sec. 202. Including indirect economic impact in small entity analyses.
Sec. 203. Judicial review to allow small entities to challenge proposed regulations.
Sec. 204. Periodic review.
Sec. 205. Requiring small business review panels for additional agencies.
Sec. 206. Expanding the Regulatory Flexibility Act to agency guidance documents.
Sec. 207. Requiring the Internal Revenue Service to consider small entity impact.
Sec. 208. Reporting on enforcement actions relating to small entities.
Sec. 209. Requiring more detailed small entity analyses.
Sec. 210. Ensuring that agencies consider small entity impact during the rulemaking process.
Sec. 211. Additional powers of the Office of Advocacy.
Sec. 212. Technical and conforming amendments.
Sec. 213. Regulatory transparency reporting.
TITLE III—Access to capital
Subtitle A—Expanding Access to Capital for Entrepreneurial Leaders
Sec. 311. Short title.
Sec. 312. Program authorization.
Sec. 313. Family of funds.
Sec. 314. Adjustment for inflation.
Sec. 315. Public availability of information.
Sec. 316. Authorized uses of licensing fees.
Sec. 317. Sense of Congress.
Subtitle B—Low-Interest Refinancing
Sec. 321. Low-interest refinancing under the local development business loan program.
TITLE IV—Entrepreneurial support
Subtitle A—Measuring the Effectiveness of Resource Partners
Sec. 411. Expanding entrepreneurship.
Subtitle B—Women's Small Business Ownership
Sec. 421. Short title.
Sec. 422. Definition.
Sec. 423. Office of Women’s Business Ownership.
Sec. 424. Women’s Business Center Program.
Sec. 425. Study and report on economic issues facing women's business centers.
Sec. 426. Study and report on oversight of women's business centers.
Subtitle C—Strengthening America's Small Business Development Centers
Sec. 431. Institutions of higher education.
Sec. 432. Updating funding levels for small business development centers.
Sec. 433. Assistance to out-of-state small businesses.
Sec. 434. Termination of small business development center defense economic transition assistance.
Sec. 435. National Small Business Development Center Advisory Board.
Sec. 436. Repeal of Paul D. Coverdell drug-free workplace program.
Subtitle D—Terminating the National Veterans Business Development Corporation
Sec. 441. National Veterans Business Development Corporation.
Subtitle E—Expanding Women's Entrepreneurship
Sec. 451. Definitions.
Sec. 452. National Women's High-Growth Business Bipartisan Task Force.
Sec. 453. Repeal.
Subtitle F—Improving Mentoring for Entrepreneurs
Sec. 461. Definitions.
Sec. 462. Establishment of Advisory Board.
Sec. 463. Duties of the SCORE Advisory Board.
Sec. 464. Powers of the SCORE Advisory Board.
Sec. 465. SCORE Advisory Board personnel matters.
Sec. 466. Inapplicability of the Federal Advisory Committee Act to the SCORE Advisory Board.
Sec. 467. Funding.
Sec. 468. Reauthorization.
Sec. 469. Chief executive officer of SCORE.
Sec. 470. Allocation committee.
Sec. 471. Allocation of amounts.
Sec. 472. GAO study and report.
TITLE V—Access to Government Contracting
Subtitle A—Bonds
Sec. 511. Removal of sunset dates for certain provisions of the Small Business Investment Act of 1958.
Subtitle B—Small Business Contracting Fraud Prevention
Sec. 521. Short title.
Sec. 522. Definitions.
Sec. 523. Fraud deterrence at the Small Business Administration.
Sec. 524. Veterans integrity in contracting.
Sec. 525. Section 8(a) program improvements.
Sec. 526. HUBZone improvements.
Sec. 527. Annual report on suspension, debarment, and prosecution.
Subtitle C—Fairness in Women-Owned Small Business Contracting
Sec. 531. Short title.
Sec. 532. Procurement program for women-owned small business concerns.
Sec. 533. Study and report on representation of women.
Subtitle D—Small Business Champion
Sec. 541. Short title.
Sec. 542. Offices of Small and Disadvantaged Business Utilization.
Sec. 543. Small Business Procurement Advisory Council.
Subtitle E—Subcontracts
Sec. 551. Subcontracts awarded by Federally Funded Research and Development Centers.
Small business tax extenders
References
Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.
Extension of temporary exclusion of 100 percent of gain on certain small business stock
In general
Paragraph (4) of section 1202(a) is amended—
by striking
January 1, 2012
and inserting January 1, 2014
,
and
by striking
and
2011
and inserting , 2011, 2012,
and 2013
in the heading thereof.
Technical amendments
Special rule for 2009 and certain period in 2010
Paragraph (3) of section 1202(a) is amended by adding at the end the following new flush sentence:
In the case of any stock which would be described in the preceding sentence (but for this sentence), the acquisition date for purposes of this subsection shall be the first day on which such stock was held by the taxpayer determined after the application of section 1223..
100 percent exclusion
Paragraph (4) of section 1202(a) is amended by adding at the end the following new flush sentence:
In the case of any stock which would be described in the preceding sentence (but for this sentence), the acquisition date for purposes of this subsection shall be the first day on which such stock was held by the taxpayer determined after the application of section 1223..
Effective dates
In general
The amendments made by subsection (a) shall apply to stock acquired after December 31, 2011.
Subsection (b)(1)
The amendment made by subsection (b)(1) shall take effect as if included in section 1241(a) of division B of the American Recovery and Reinvestment Act of 2009.
Subsection (b)(2)
The amendment made by subsection (b)(2) shall take effect as if included in section 2011(a) of the Creating Small Business Jobs Act of 2010.
Extension of alternative minimum tax rules for general business credits of eligible small businesses
In general
Subparagraph (A) of section 38(c)(5) is amended by
inserting , 2011, or 2012
after 2010
.
Technical amendment
Section 38(c)(5)(B) is amended—
by striking
the sum of
, and
by inserting
for any taxable year to which subparagraph (A) applies
after
or (4)
.
Effective dates
In general
The amendment made by subsection (a) shall apply to credits determined in taxable years beginning after December 31, 2010, and to carrybacks of such credits.
Technical amendments
The amendments made by subsection (b) shall take effect as if included in section 2013(a) of the Creating Small Business Jobs Act of 2010.
Extension of 5-year carryback of general business credits of eligible small businesses
In general
Subparagraph (A) of section 39(a)(4) is amended by
inserting or in taxable years beginning in 2011, 2012, or 2013
after 2010
.
Effective date
The amendment made by this section shall apply to credits determined in taxable years beginning after December 31, 2010.
Extension of reduction in S-corp recognition period for built-in gains tax
In general
Paragraph (7) of section 1374(d) is amended—
by redesignating subparagraph (C) as subparagraph (D), and
by inserting after subparagraph (B) the following new subparagraph:
Special rule for 2012 and 2013
For dispositions of property in taxable years
beginning in 2012 or 2013, subparagraphs (A) and (D) shall be applied by
substituting 5-year
for
10-year
.
.
Technical amendment
Subparagraph (B) of section 1374(d)(2) is amended by
inserting described in subparagraph (A)
after , for any
taxable year
.
Effective date
The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2011.
Extension of increased expensing limitations and treatment of certain real property as section 179 property
In general
Section 179(b) is amended—
by striking
2010 or 2011
each place it appears in paragraph (1)(B) and
(2)(B) and inserting 2010, 2011, 2012, or 2013
,
by striking
2012
each place it appears in paragraph (1)(C) and (2)(C) and
inserting 2014
, and
by striking
2012
each place it appears in paragraph (1)(D) and (2)(D) and
inserting 2014
.
Inflation adjustment
Subparagraph (A) of section 179(b)(6) is amended by
striking 2012
and inserting 2013
.
Computer software
Section 179(d)(1)(A)(ii) is amended by striking
2013
and inserting 2014
.
Election
Section
179(c)(2) is amended by striking 2013
and inserting
2014
.
Special rules for treatment of qualified real property
In general
Section 179(f)(1) is amended by striking 2010 or
2011
and inserting 2010, 2011, 2012, or 2013
.
Carryover limitation
In general
Section 179(f)(4) is amended by striking
2011
each place it appears and inserting
2013
.
Conforming amendment
The heading for subparagraph (C) of section 179(f)(4)
is amended by striking 2010
and inserting 2010, 2011 and
2012
.
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2011.
Extension of special rule for long-term contract accounting
In general
Clause (ii) of section 460(c)(6)(B) is amended by
striking January 1, 2011 (January 1, 2012
and inserting
January 1, 2014 (January 1, 2015
.
Effective date
The amendment made by this section shall apply to property placed in service after December 31, 2010.
Extension of increased amount allowed as a deduction for start-up expenditures
In general
Paragraph (3) of section 195(b) is amended—
by inserting
, 2011, 2012, or 2013
after 2010
, and
by inserting
2011, 2012, and
2013
in the heading thereof.
Effective date
The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010.
Extension of allowance of deduction for health insurance in computing self-employment taxes
In general
Paragraph (4) of section 162(l) is amended by striking
December 31, 2010
and inserting December 31,
2013
.
Effective date
The amendment made by this section shall apply to taxable years beginning after December 31, 2010.
Regulatory relief
Findings
Congress finds the following:
A vibrant and growing small business sector is critical to the recovery of the economy of the United States.
Regulations designed for application to large-scale entities have been applied uniformly to small businesses and other small entities, sometimes inhibiting the ability of small entities to create new jobs.
Uniform Federal regulatory and reporting requirements in many instances have imposed on small businesses and other small entities unnecessary and disproportionately burdensome demands, including legal, accounting, and consulting costs, thereby threatening the viability of small entities and the ability of small entities to compete and create new jobs in a global marketplace.
Since 1980, Federal agencies have been required to recognize and take account of the differences in the scale and resources of regulated entities, but in many instances have failed to do so.
In 2009, there were nearly 70,000 pages in the Federal Register, and, according to research by the Office of Advocacy of the Small Business Administration, the annual cost of Federal regulations totals $1,750,000,000,000. Small firms bear a disproportionate burden, paying approximately 36 percent more per employee than larger firms in annual regulatory compliance costs.
All agencies in the Federal Government should fully consider the costs, including indirect economic impacts and the potential for job loss, of proposed rules, periodically review existing regulations to determine their impact on small entities, and repeal regulations that are unnecessarily duplicative or have outlived their stated purpose.
It is the intention of Congress to amend chapter 6 of title 5, United States Code, to ensure that all impacts, including foreseeable indirect effects, of proposed and final rules are considered by agencies during the rulemaking process and that the agencies assess a full range of alternatives that will limit adverse economic consequences, enhance economic benefits, and fully address potential job loss.
Including indirect economic impact in small entity analyses
Section 601 of title 5, United States Code, is amended by adding at the end the following:
the term economic impact means, with respect to a proposed or final rule—
the economic effects on small entities directly regulated by the rule; and
the reasonably foreseeable economic effects of the rule on small entities that—
purchase products or services from, sell products or services to, or otherwise conduct business with entities directly regulated by the rule;
are directly regulated by other governmental entities as a result of the rule; or
are not directly regulated by the agency as a result of the rule but are otherwise subject to other agency regulations as a result of the rule.
.
Judicial review to allow small entities to challenge proposed regulations
Section 611(a) of title 5, United States Code, is amended—
in paragraph (1),
by inserting 603,
after 601,
;
in paragraph (2),
by inserting 603,
after 601,
;
by striking paragraph (3) and inserting the following:
A small entity may seek such review during the 1-year period beginning on the date of final agency action, except that—
if a provision of law requires that an action challenging a final agency action be commenced before the expiration of 1 year, the lesser period shall apply to an action for judicial review under this section; and
in the case of noncompliance with section 603 or 605(b), a small entity may seek judicial review of agency compliance with such section before the close of the public comment period.
; and
in paragraph (4)—
in subparagraph
(A), by striking , and
and inserting a semicolon;
in subparagraph
(B), by striking the period and inserting ; or
; and
by adding at the end the following:
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.
.
Periodic review
Section 610 of title 5, United States Code, is amended to read as follows:
Periodic review of rules
Not later than 180 days after the date of enactment of the Restoring Tax and Regulatory Certainty to Small Businesses Act of 2012, each agency shall establish a plan for the periodic review of—
each rule issued by the agency that the head of the agency determines has a significant economic impact on a substantial number of small entities, without regard to whether the agency performed an analysis under section 604 with respect to the rule; and
any small entity compliance guide required to be published by the agency under section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note).
In reviewing rules and small entity compliance guides under paragraph (1), the agency shall determine whether the rules and guides should—
be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant adverse economic impacts on a substantial number of small entities (including an estimate of any adverse impacts on job creation and employment by small entities); or
continue in effect without change.
Each agency shall publish the plan established under paragraph (1) in the Federal Register and on the Web site of the agency.
An agency may amend the plan established under paragraph (1) at any time by publishing the amendment in the Federal Register and on the Web site of the agency.
Each plan established under subsection (a) shall provide for—
the review of each rule and small entity compliance guide described in subsection (a)(1) in effect on the date of enactment of the Restoring Tax and Regulatory Certainty to Small Businesses Act of 2012—
not later than 9 years after the date of publication of the plan in the Federal Register; and
every 9 years thereafter; and
the review of each rule adopted and small entity compliance guide described in subsection (a)(1) that is published after the date of enactment of the Restoring Tax and Regulatory Certainty to Small Businesses Act of 2012—
not later than 9 years after the publication of the final rule in the Federal Register; and
every 9 years thereafter.
In reviewing rules under the plan required under subsection (a), the agency shall consider—
the continued need for the rule;
the nature of complaints received by the agency from small entities concerning the rule;
comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy of the Small Business Administration;
the complexity of the rule;
the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, unless the head of the agency determines it to be infeasible, State and local rules;
the contribution of the rule to the cumulative economic impact of all Federal rules on the class of small entities affected by the rule, unless the head of the agency determines that such a calculation cannot be made;
the length of time since the rule has been evaluated, or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule; and
the economic impact of the rule, including—
the estimated number of small entities to which the rule will apply;
the estimated number of small entity jobs that will be lost or created due to the rule; and
the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including—
an estimate of the classes of small entities that will be subject to the requirement; and
the type of professional skills necessary for preparation of the report or record.
Each agency shall submit an annual report regarding the results of the review required under subsection (a) to—
Congress; and
in the case of an agency that is not an independent regulatory agency (as defined in section 3502(5) of title 44), the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget.
Each report required under paragraph (1) shall include a description of any rule or guide with respect to which the agency made a determination of infeasibility under paragraph (5) or (6) of subsection (c), together with a detailed explanation of the reasons for the determination.
Each agency shall publish in the Federal Register and on the Web site of the agency a list of the rules and small entity compliance guides to be reviewed under the plan required under subsection (a) that includes—
a brief description of each rule or guide;
for each rule, the reason why the head of the agency determined that the rule has a significant economic impact on a substantial number of small entities (without regard to whether the agency had prepared a final regulatory flexibility analysis for the rule); and
a request for comments from the public, the Chief Counsel for Advocacy of the Small Business Administration, and the Regulatory Enforcement Ombudsman concerning the enforcement of the rules or publication of the guides.
Not later than 6 months after each date described in subsection (b)(1), the Inspector General for each agency shall—
determine whether the agency has conducted the review required under subsection (b) appropriately; and
notify the head of the agency of—
the results of the determination under subparagraph (A); and
any issues preventing the Inspector General from determining that the agency has conducted the review under subsection (b) appropriately.
Not later than 6 months after the date on which the head of an agency receives a notice under paragraph (1)(B) that the agency has not conducted the review under subsection (b) appropriately, the agency shall address the issues identified in the notice.
Not later than 30 days after the last day of the 6-month period described in subparagraph (A), the Inspector General for an agency that receives a notice described in subparagraph (A) shall—
determine whether the agency has addressed the issues identified in the notice; and
notify Congress if the Inspector General determines that the agency has not addressed the issues identified in the notice; and
Not later than 30 days after the date on which the Inspector General for an agency transmits a notice under subparagraph (B)(ii), an amount equal to 1 percent of the amount appropriated for the fiscal year to the appropriations account of the agency that is used to pay salaries shall be rescinded.
Nothing in this paragraph may be construed to prevent Congress from acting to prevent a rescission under subparagraph (C).
.
Requiring small business review panels for additional agencies
Agencies
Section 609 of title 5, United States Code, is amended—
in subsection (b)—
by striking a covered agency
the first place it appears and inserting an agency designated under
subsection (d)
; and
by striking a covered agency
each place it appears and inserting the agency
;
by striking subsection (d), as amended by section 1100G(a) of Public Law 111–203 (124 Stat. 2112), and inserting the following:
On and after the date of enactment of the Restoring Tax and Regulatory Certainty to Small Businesses Act of 2012, the Environmental Protection Agency, the Occupational Safety and Health Administration of the Department of Labor, and the Bureau of Consumer Financial Protection shall be—
agencies designated under this subsection; and
subject to the requirements of subsection (b).
The Chief Counsel for Advocacy shall designate as agencies that shall be subject to the requirements of subsection (b) on and after the date of the designation—
3 agencies for the first year after the date of enactment of the Restoring Tax and Regulatory Certainty to Small Businesses Act of 2012;
in addition to the agencies designated under subparagraph (A), 3 agencies for the second year after the date of enactment of the Restoring Tax and Regulatory Certainty to Small Businesses Act of 2012; and
in addition to the agencies designated under subparagraphs (A) and (B), 3 agencies for the third year after the date of enactment of the Restoring Tax and Regulatory Certainty to Small Businesses Act of 2012.
The Chief Counsel for Advocacy shall designate agencies under paragraph (2) based on the economic impact of the rules of the agency on small entities, beginning with agencies with the largest economic impact on small entities.
; and
in subsection
(e)(1), by striking the covered agency
and inserting the
agency
.
Technical and conforming amendments
Section 603
Section 603(d) of title 5, United States Code, as added by section 1100G(b) of Public Law 111–203 (124 Stat. 2112), is amended—
in paragraph (1),
by striking a covered agency, as defined in section 609(d)(2)
and inserting the Bureau of Consumer Financial Protection
;
and
in paragraph (2),
by striking A covered agency, as defined in section 609(d)(2),
and inserting The Bureau of Consumer Financial
Protection
.
Section 604
Section 604(a) of title 5, United States Code, is amended—
by redesignating the second paragraph designated as paragraph (6) (relating to covered agencies), as added by section 1100G(c)(3) of Public Law 111–203 (124 Stat. 2113), as paragraph (7); and
in paragraph (7), as so redesignated—
by
striking a covered agency, as defined in section 609(d)(2)
and
inserting the Bureau of Consumer Financial Protection
;
and
by
striking the agency
and inserting the
Bureau
.
Expanding the Regulatory Flexibility Act to agency guidance documents
Section 601(2) of title 5, United States
Code, is amended by inserting after public comment
the
following: and any significant guidance document, as defined in the
Office of Management and Budget Final Bulletin for Agency Good Guidance
Procedures (72 Fed. Reg. 3432; January 25, 2007)
.
Requiring the Internal Revenue Service to consider small entity impact
In general
Section 603(a) of title 5, United States Code, is
amended, in the fifth sentence, by striking but only
and all
that follows through the period at the end and inserting but only to the
extent that such interpretative rules, or the statutes upon which such rules
are based, impose on small entities a collection of information requirement or
a recordkeeping requirement.
.
Definitions
Section 601 of title 5, United States Code, as amended by section 202 of this Act, is amended—
in paragraph (6),
by striking and
at the end; and
by striking paragraphs (7) and (8) and inserting the following:
the term collection of information has the meaning given that term in section 3502(3) of title 44;
the term recordkeeping requirement has the meaning given that term in section 3502(13) of title 44; and
.
Reporting on enforcement actions relating to small entities
Section 223 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended—
in subsection (a)—
by striking Each agency
and
inserting the following:
Establishment of policy or program
Each agency
; and
by adding at the end the following:
Review of civil penalties
Not later than 2 years after the date of enactment of the Restoring Tax and Regulatory Certainty to Small Businesses Act of 2012, and every 2 years thereafter, each agency regulating the activities of small entities shall review the civil penalties imposed by the agency for violations of a statutory or regulatory requirement by a small entity to determine whether a reduction or waiver of the civil penalties is appropriate.
; and
in subsection (c)—
by striking Agencies shall
report
and all that follows through the scope
and
inserting Not later than 2 years after the date of enactment of the
Restoring Tax and Regulatory Certainty to
Small Businesses Act of 2012, and every 2 years thereafter, each
agency shall submit to the Committee on Small Business and Entrepreneurship and
the Committee on Homeland Security and Governmental Affairs of the Senate and
the Committee on Small Business and the Committee on the Judiciary of the House
of Representatives a report discussing the scope
; and
by striking
and the total amount of penalty reductions and waivers
and
inserting the total amount of penalty reductions and waivers, and the
results of the most recent review under subsection (a)(2)
.
Requiring more detailed small entity analyses
Initial regulatory flexibility analysis
Section 603 of title 5, United States Code, as amended by section 1100G(b) of Public Law 111–203 (124 Stat. 2112), is amended—
by striking subsection (b) and inserting the following:
Each initial regulatory flexibility analysis required under this section shall contain a detailed statement—
describing the reasons why action by the agency is being considered;
describing the objectives of, and legal basis for, the proposed rule;
estimating the number and type of small entities to which the proposed rule will apply;
describing the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report and record;
describing all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule, or the reasons why such a description could not be provided; and
estimating the additional cumulative economic impact of the proposed rule on small entities, including job loss by small entities, beyond that already imposed on the class of small entities by the agency, or the reasons why such an estimate is not available.
; and
by adding at the end the following:
An agency shall notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities—
when the agency submits a draft rule to the Office of Information and Regulatory Affairs of the Office of Management and Budget under Executive Order 12866, if that order requires the submission; or
if no submission to the Office of Information and Regulatory Affairs is required—
a reasonable period before publication of the rule by the agency; and
in any event, not later than 3 months before the date on which the agency publishes the rule.
.
Final regulatory flexibility analysis
In general
Section 604(a) of title 5, United States Code, is amended—
by inserting
detailed
before description
each place it
appears;
in paragraph (2)—
by
inserting detailed
before statement
each place it
appears; and
by
inserting (or certification of the proposed rule under section
605(b))
after initial regulatory flexibility
analysis
;
in paragraph (4),
by striking an explanation
and inserting a detailed
explanation
; and
in paragraph (6)
(relating to a description of steps taken to minimize significant economic
impact), as added by section 1601 of the Small Business Jobs Act of 2010
(Public Law 111–240; 124 Stat. 2251), by inserting detailed
before statement
.
Publication of analysis on web site, etc
Section 604(b) of title 5, United States Code, is amended to read as follows:
The agency shall—
make copies of the final regulatory flexibility analysis available to the public, including by publishing the entire final regulatory flexibility analysis on the Web site of the agency; and
publish in the Federal Register the final regulatory flexibility analysis, or a summary of the analysis that includes the telephone number, mailing address, and address of the Web site where the complete final regulatory flexibility analysis may be obtained.
.
Cross-References to other analyses
Section 605(a) of title 5, United States Code, is amended to read as follows:
A Federal agency shall be deemed to have satisfied a requirement regarding the content of a regulatory flexibility agenda or regulatory flexibility analysis under section 602, 603, or 604, if the Federal agency provides in the agenda or regulatory flexibility analysis a cross-reference to the specific portion of an agenda or analysis that is required by another law and that satisfies the requirement under section 602, 603, or 604.
.
Certifications
Section
605(b) of title 5, United States Code, is amended, in the second sentence, by
striking statement providing the factual
and inserting
detailed statement providing the factual and legal
.
Quantification requirements
Section 607 of title 5, United States Code, is amended to read as follows:
Quantification requirements
In complying with sections 603 and 604, an agency shall provide—
a quantifiable or numerical description of the effects of the proposed or final rule, including an estimate of the potential for job loss, and alternatives to the proposed or final rule; or
a more general descriptive statement regarding the potential for job loss and a detailed statement explaining why quantification under paragraph (1) is not practicable or reliable.
.
Ensuring that agencies consider small entity impact during the rulemaking process
Section 605(b) of title 5, United States Code, is amended—
by inserting
(1)
after (b)
; and
by adding at the end the following:
If, after publication of the certification required under paragraph (1), the head of the agency determines that there will be a significant economic impact on a substantial number of small entities, the agency shall comply with the requirements of section 603 before the publication of the final rule, by—
publishing an initial regulatory flexibility analysis for public comment; or
re-proposing the rule with an initial regulatory flexibility analysis.
The head of an agency may not make a certification relating to a rule under this subsection, unless the head of the agency has determined—
the average cost of the rule for small entities affected or reasonably presumed to be affected by the rule;
the number of small entities affected or reasonably presumed to be affected by the rule; and
the number of affected small entities for which that cost will be significant.
Before publishing a certification and a statement providing the factual basis for the certification under paragraph (1), the head of an agency shall—
transmit a copy of the certification and statement to the Chief Counsel for Advocacy of the Small Business Administration; and
consult with the Chief Counsel for Advocacy of the Small Business Administration on the accuracy of the certification and statement.
.
Additional powers of the Office of Advocacy
Section 203 of Public Law 94–305 (15 U.S.C. 634c) is amended—
in paragraph (5),
by striking and
at the end;
in paragraph (6),
by striking the period at the end and inserting ; and
;
and
by inserting after paragraph (6) the following:
at the discretion of the Chief Counsel for Advocacy, comment on regulatory action by an agency that affects small businesses, without regard to whether the agency is required to file a notice of proposed rulemaking under section 553 of title 5, United States Code, with respect to the action.
.
Technical and conforming amendments
Heading
Section
605 of title 5, United States Code, is amended in the section heading by
striking Avoidance
and all that follows and
inserting the following: Incorporations by reference and
certification.
.
Table of sections
The table of sections for chapter 6 of title 5, United States Code, is amended—
by striking the item relating to section 605 and inserting the following:
605. Incorporations by reference and certifications.
;
by striking the item relating to section 607 inserting the following:
607. Quantification requirements.
.
Regulatory transparency reporting
Definitions
In this section—
the term agency has the same meaning as in section 551 of title 5, United States Code;
the term covered period means, with respect to a report required to be submitted under this subsection, the period beginning on January 1 of the year preceding the date of submission of the report and ending on December 31 of the year preceding the date of submission of the report;
the term major rule means a rule that has an annual effect on the economy of the United States of $100,000,000 or more;
the term report means an annual report submitted to Congress under section 624 of the Treasury and General Government Appropriations Act, 2001 (31 U.S.C. 1105 note);
the term rule—
has the same meaning as in section 551 of title 5, United States Code; and
includes a rule issued by an independent establishment, as that term is defined in section 104 of title 5, United States Code; and
the term Unified Agenda means the Unified Agenda of Federal Regulatory and Deregulatory Actions.
In general
The Administrator of the Office of Information and Regulatory Affairs shall include in the report required under section 624 of the Treasury and General Government Appropriations Act, 2001 (31 U.S.C. 1105 note) the data and tables described in this section.
Data
Each report shall contain the following:
A list of each major rule issued by each agency during the covered period in each of the following categories:
Rules having an economic impact of more than $100,000,000 and not more than $500,000,000.
Rules having an economic impact of more than $500,000,000 and not more than $1,000,000,000.
Rules having an economic impact of more than $1,000,000,000 and not more than $5,000,000,000.
Rules having an economic impact of more than $5,000,000,000 and not more than $10,000,000,000.
Rules having an economic impact of more than $10,000,000,000.
Any rules not described in subparagraphs (A) through (E).
A list of each rule issued during the covered period that—
required a regulatory flexibility analysis under chapter 6 of title 5, United States Code; or
was listed in the Unified Agenda as a regulatory action that an agency identified as likely to have some impact on small entities, even though a regulatory flexibility analysis was not required under chapter 6 of title 5, United States Code.
A list of each rule issued during the covered period that affects State and local governments.
The percentage of rules issued during the covered period that were—
rules described in paragraph (2); or
rules described in paragraph (3).
A list of each rule issued during the covered period that included a numerical estimate of the cost of the rule.
The sum of the numerical estimates described in paragraph (5)—
for each agency; and
for all agencies, as a whole.
A list of each rule issued during the covered period that did not include a numerical estimate of the cost of the rule, and, for each such rule, an explanation of why a numerical estimate was not included.
The percentage of rules issued during the covered period that were reviewed by the Office of Management and Budget.
A list of each rule issued during the covered period that was reviewed by the Office of Management and Budget and a description of any action taken by the Office of Management and Budget with respect to the rule.
The number of pages included the Federal Register during the covered period.
A list of each major rule for which the Comptroller General of the United States issued a report during the covered period that was entered into the database of reports on regulations issued by the Government Accountability Office.
A list of each rule reviewed under section 610 of title 5, United States Code, during the covered period.
A list of each rule issued during the covered period that is designated in the Unified Agenda as deregulatory, rather than regulatory.
A list of each rule issued during the covered period that the Administrator determines affects only the internal procedures of the agency that issued the rule.
A list of each rule that was added to the Unified Agenda during the covered period.
A list of each rule included in the Unified Agenda during the covered period that was included in the Unified Agenda before the covered period.
A list of each rule issued during the covered period that was required to be issued by statute.
The number and percentage of rules described in paragraph (17), compared to the number and percentage of rules issued during the covered period that are not described in paragraph (17).
A list of each rule issued during the covered period that was required to be issued during the covered period by judicial order.
The number and percentage of rules issued during the covered period that are described in paragraph (19), compared to the number and percentage of rules issued during the covered period that are not described in paragraph (19).
A list of each rule issued during the covered period for which the agency that issued the rule was prohibited by statute from considering the costs and benefits of the rule.
Master table
In general
Each report shall contain a table that includes the following:
A list of each rule described in subsection (c).
A brief summary of each rule described in subsection (c).
A citation (or, if the report is issued in electronic form, a link) to—
any regulatory flexibility analysis required under chapter 6 of title 5, United States Code, with respect to a rule described in subsection (c); and
any regulatory impact analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review), with respect to a rule described in subsection (c).
Citation
Each list required under subsection (b) shall include, for each rule included in the list, a citation (or, if the report is issued in electronic form, a link) to the summary of the rule in the table required under paragraph (1).
Historical tables
In general
Each report shall contain historical tables representing the data described in subsection (c), modeled after Federal budget historical tables, that provide consistent data concerning—
each covered period, beginning on the date of enactment of this Act; and
to the extent practicable, each calendar year preceding the date of enactment of this Act.
Consistency of data
To the greatest extent possible, the data provided in the tables under paragraph (1) shall be consistent, including with respect to the value of a dollar, the discount rate, and the time period over which a cost is incurred.
Access to capital
Expanding Access to Capital for Entrepreneurial Leaders
Short title
This subtitle may be
cited as the EXCEL Act of
2012
.
Program authorization
Section 303(b)
of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is amended, in
the matter preceding paragraph (1), in the first sentence, by inserting after
issued by such companies
the following: , in a total
amount that does not exceed $4,000,000,000 each fiscal year (adjusted annually
to reflect increases in the Consumer Price Index established by the Bureau of
Labor Statistics of the Department of Labor)
.
Family of funds
Section 303(b)(2)(B) of
the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)(B)) is amended
by striking $225,000,000
and inserting
$350,000,000
.
Adjustment for inflation
Section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) is amended by adding at the end the following:
Adjustments
In general
The dollar amounts in subparagraph (A)(ii), subparagraph
(B), and subparagraph (C)(ii)(I) shall be adjusted annually to reflect
increases in the Consumer Price Index established by the Bureau of Labor
Statistics of the Department of Labor (in this subparagraph referred to as the
CPI
).
Applicability
The adjustments required by clause (i)—
with respect to dollar amounts in subparagraphs (A)(ii) and (C)(ii)(I) shall initially reflect increases in the CPI during the period beginning on the effective date of section 505 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 156) through the date of enactment of this subparagraph and annually thereafter;
with respect to dollar amounts in subparagraph (B) shall reflect increases in the CPI annually on and after the date of enactment of this subparagraph.
.
Public availability of information
Section 303 of the Small Business Investment Act of 1958 (15 U.S.C. 683) is amended by adding at the end the following:
Access to fund information
Annually, the Administrator shall make public on its website the following information with respect to each small business investment company:
The amount of capital deployed since fund inception.
The amount of leverage drawn since fund inception.
The number of investments since fund inception.
The number of businesses receiving capital since fund inception.
Industry sectors receiving investment since fund inception.
The amount of leverage principal repaid by the small business investment company since fund inception.
A basic description of investment strategy.
.
Authorized uses of licensing fees
Section 301 of the Small Business Investment Act of 1958 (15 U.S.C. 681) is amended—
by redesignating subsection (e) as subsection (d); and
in subsection
(d)(2)(B), as so redesignated, by inserting before the period at the end the
following: and other small business investment company program
needs
.
Sense of Congress
It is the sense of Congress that—
small business investment companies would benefit from partnerships with community banks and other lenders, and should work with community banks and other lenders, to ensure that if community banks and other lenders deny an application by a small business concern for a loan, the community banks or other lenders will refer the small business concern to small business investment companies; and
the Administrator
of the Small Business Administration (in this section referred to as the
Administrator
) should—
increase outreach to community banks and other lenders to encourage community banks and other lenders to invest in small business investment companies;
use the Internet to make publicly available in a timely manner which small business investment companies are actively soliciting investments and making investments in small business concerns;
partner with governors, mayors, States, and municipalities to increase outreach by small business investment companies to underserved and rural areas; and
continue to make changes to the webpage for the small business investment company program, to make the webpage—
a more prominent part of the website of the Administration; and
more user-friendly.
Low-Interest Refinancing
Low-interest refinancing under the local development business loan program
Section 1122(b) of the Small Business Jobs
Act of 2010 (15 U.S.C. 696 note) is amended by striking 2 years
and inserting on the date that is 3 years and 6 months
.
Entrepreneurial support
Measuring the Effectiveness of Resource Partners
Expanding entrepreneurship
Section 4 of the Small Business Act (15 U.S.C. 633) is amended by adding at the end the following:
Management and direction
Plan for entrepreneurial development and job creation strategy
Plan required
The Administrator, in consultation with a representative from each entrepreneurial development program of the Administration, shall develop and submit to Congress a plan for using the entrepreneurial development programs of the Administration to create jobs during fiscal years 2013 and 2014.
Contents of plan
The plan required under subparagraph (A) shall—
include the plan of the Administrator for using existing programs, including small business development centers, women’s business centers, the Service Corps of Retired Executives authorized by section 8(b)(1), Veterans Business Outreach Centers, and programs of the Office of Native American Affairs, to create jobs;
identify a strategy for each region of the Administration to use programs of the Administration to create or retain jobs in the region; and
establish performance measures and criteria, including goals for job creation, job retention, and job retraining, to evaluate the success of the plan.
Data collection process
In general
The Administrator shall, after notice and opportunity for comment, promulgate a rule to develop and implement a consistent data collection process for the entrepreneurial development programs.
Contents
The data collection process developed under subparagraph (A) shall collect data relating to job creation and performance and any other data determined appropriate by the Administrator.
Coordination and Alignment of SBA Entrepreneurial Development Programs
The Administrator, in consultation with other Federal departments and agencies as the Administrator determines is appropriate, shall submit an annual report to Congress describing opportunities to foster coordination of, limit duplication among, and improve program delivery for Federal entrepreneurial development programs.
Database of Entrepreneurial Development Service Providers
Establishment
After providing a period of 60 days for public comment, the Administrator shall—
establish a database of providers of entrepreneurial development services; and
make the database available through the website of the Administration.
Searchability
The database established under subparagraph (A) shall be searchable by industry, geographic location, and service required.
Community specialist
Designation
The Administrator shall designate not fewer than 1 staff member in each district office of the Administration as a community specialist whose full-time responsibility is working with local providers of entrepreneurial development services to increase coordination with Federal entrepreneurial development programs.
Performance
The Administrator shall develop benchmarks for measuring the performance of community specialists under this paragraph.
.
Women's Small Business Ownership
Short title
This subtitle may be
cited as the Women's Small Business
Ownership Act of 2012
.
Definition
In this subtitle, the term Administrator means the Administrator of the Small Business Administration.
Office of Women’s Business Ownership
In general
Section 29(g) of the Small Business Act (15 U.S.C. 656(g)) is amended—
in paragraph (2)—
in subparagraph (B)—
in clause (i), by striking “in the areas” and all that follows through the end of subclause (I), and inserting the following: “to address issues concerning the management, operations, manufacturing, technology, finance, retail and product sales, international trade, Government contracting, and other disciplines required for—
starting, operating, and increasing the business of a small business concern;
; and
in
clause (ii), by striking Women's Business Center program
each
place that term appears and inserting women's business center
program
; and
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
by adding at the end the following:
Training
The Administrator may provide annual programmatic and financial examination training for women’s business ownership representatives and district office technical representatives of the Administration to enable representatives to carry out their responsibilities.
Program and transparency improvements
The Administrator shall maximize the transparency of the women’s business center financial assistance proposal process and the programmatic and financial examination process by—
providing public notice of any announcement for financial assistance under subsection (b) or a grant under subsection (l) not later than the end of the first quarter of each fiscal year;
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);
minimizing paperwork and reporting requirements for applicants for and recipients of financial assistance under this section;
standardizing the programmatic and financial examination process; and
providing to each women’s business center, not later than 60 days after the completion of a site visit to the women's business center (whether conducted for an audit, performance review, or other reason), a copy of any site visit reports or evaluation reports prepared by district office technical representatives or officers or employees of the Administration.
.
Change of title
In general
Section 29 of the Small Business Act (15 U.S.C. 656) is amended—
in subsection (a)—
by striking paragraphs (1) and (4);
by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and
by inserting before paragraph (4), as so redesignated, the following:
the term Director means the Director of the Office of Women's Business Ownership established under subsection (g);
;
by striking
Assistant Administrator
each place that term appears and
inserting Director
; and
in subsection
(g)(2), in the paragraph heading, by striking Assistant Administrator
and inserting Director
.
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—
in section
403(a)(2)(B), by striking Assistant Administrator
and inserting
Director
;
in section
405, by striking Assistant Administrator
and inserting
Director
; and
in section
406(c), by striking Assistant Administrator
and inserting
Director
.
Women’s Business Center Program
Women’s Business Center financial assistance
Section 29 of the Small Business Act (15 U.S.C. 656) is amended—
in subsection (a), as amended by section 423(b) of this Act—
by inserting before paragraph (2) the following:
the term association of women’s business centers means an organization—
that represents not less than 51 percent of the women’s business centers that participate in a program under this section; and
whose primary purpose is to represent women’s business centers;
;
by inserting after paragraph (2) the following:
the term eligible entity means—
a private nonprofit organization;
a State, regional, or local economic development organization;
a development, credit, or finance corporation chartered by a State;
a junior or community college, as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)); or
any combination of entities listed in subparagraphs (A) through (D);
; and
by adding after paragraph (5) the following:
the term women's business center means a project conducted by an eligible entity under this section.
;
in subsection (b)—
by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and adjusting the margins accordingly;
by striking
The Administration
and all that follows through 5-year
projects
and inserting the following:
In general
The Administration may provide financial assistance to an eligible entity to conduct a project under this section
;
by striking
The projects shall
and inserting the following:
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
; and
by adding at the end the following:
Amount of financial assistance
In general
The Administrator may award financial assistance under this subsection of not less than $100,000 and not more than $150,000 per year.
Lower amount
The Administrator may award financial assistance under this subsection to a recipient in an amount that is less than $100,000 if the Administrator determines that the recipient is unable to make a non-Federal contribution of $100,000 or more, as required under subsection (c).
Equal allocations
If the Administration has insufficient funds to provide financial assistance of not less than $100,000 for each recipient of financial assistance under this subsection in any fiscal year, the Administrator shall provide an equal amount of financial assistance to each recipient in the fiscal year, unless a recipient requests a lower amount than the allocated amount.
Consultation with associations of women’s business centers
The Administrator shall consult with each association of women’s business centers to develop—
a training program for the staff of women’s business centers and the Administration; and
recommendations to improve the policies and procedures for governing the general operations and administration of the women’s business center program, including grant program improvements under subsection (g)(4).
;
in subsection (c)—
in paragraph
(1) by striking the recipient organization
and inserting
an eligible entity
;
in paragraph
(3), in the second sentence, by striking a recipient
organization
and inserting an eligible entity
;
in paragraph (4)—
by striking
recipient of assistance
and inserting eligible
entity
;
by striking
such organization
and inserting the eligible
entity
; and
by striking
recipient
and inserting eligible entity
;
in paragraph (5)—
in
subparagraph (A), by striking a recipient organization
and
inserting an eligible entity
; and
by
striking the recipient organization
each place it appears and
inserting the eligible entity
; and
by adding at end the following:
Separation of project and funds
An eligible entity shall—
carry out a project under this section separately from other projects, if any, of the eligible entity; and
separately maintain and account for any financial assistance under this section.
;
in subsection (e)—
by striking
applicant organization
and inserting eligible
entity
;
by striking
a recipient organization
and inserting an eligible
entity
; and
by striking
site
;
by striking subsection (f) and inserting the following:
Applications and criteria for initial financial assistance
Application
Each eligible entity desiring financial assistance under subsection (b) shall submit to the Administrator an application that contains—
a certification that the eligible entity—
has designated an executive director or program manager, who may be compensated using financial assistance under subsection (b) or other sources, to manage the center on a full-time basis;
as a condition of receiving financial assistance under subsection (b), agrees—
to receive a site visit by the Administrator as part of the final selection process;
to undergo an annual programmatic and financial examination; and
to the maximum extent practicable, to remedy any problems identified pursuant to the site visit or examination under subclause (I) or (II); and
meets the accounting and reporting requirements established by the Director of the Office of Management and Budget;
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);
information relating to the assistance to be provided by the women's business center for which financial assistance under subsection (b) is sought in the area in which the women's business center is located;
information demonstrating the experience and effectiveness of the eligible entity in—
conducting financial, management, and marketing assistance programs, as described in subsection (b)(2), which are designed to teach or upgrade the business skills of women who are business owners or potential business owners;
providing training and services to a representative number of women who are socially and economically disadvantaged; and
working with resource partners of the Administration and other entities, such as universities; and
a 5-year plan that describes the ability of the women's business center for which financial assistance is sought—
to serve women who are business owners or potential business owners by conducting training and counseling activities; and
to provide training and services to a representative number of women who are socially and economically disadvantaged.
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.
Review and approval of applications for initial financial assistance
In general
The Administrator shall—
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
to the extent practicable, as part of the final selection process, conduct a site visit to each women's business center for which financial assistance under subsection (b) is sought.
Selection criteria
In general
The Administrator shall evaluate applicants for financial assistance under subsection (b) in accordance with selection criteria that are—
established before the date on which applicants are required to submit the applications;
stated in terms of relative importance; and
publicly available and stated in each solicitation for applications for financial assistance under subsection (b) made by the Administrator.
Required criteria
The selection criteria for financial assistance under subsection (b) shall include—
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;
the ability of the applicant to begin a project within a minimum amount of time;
the ability of the applicant to provide training and services to a representative number of women who are socially and economically disadvantaged; and
the location for the women's business center proposed by the applicant, including whether the applicant is located in a State in which there is not a women's business center receiving funding from the Administration.
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.
Record retention
The Administrator shall maintain a copy of each application submitted under this subsection for not less than 7 years.
; and
in subsection (m)—
by striking paragraph (3) and inserting the following:
Application and approval for renewal grants
Solicitation of applications
The Administrator shall solicit applications and award grants under this subsection for the first fiscal year beginning after the date of enactment of the Women's Small Business Ownership Act of 2012, and every third fiscal year thereafter.
Contents of application
Each eligible entity desiring a grant under this subsection shall submit to the Administrator an application that contains—
a certification that the applicant—
is an eligible entity;
has designated a full-time executive director or program manager to manage the women's business center operated by the applicant; and
as a condition of receiving a grant under this subsection, agrees—
to receive a site visit as part of the final selection process;
to submit, for the 2 full fiscal years before the date on which the application is submitted, annual programmatic and financial examination reports or certified copies of the compliance supplemental audits under OMB Circular A–133 of the applicant; and
to remedy any problem identified pursuant to the site visit or examination under item (aa) or (bb);
information demonstrating that the applicant has the ability and resources to meet the needs of the market to be served by the women's business center for which a grant under this subsection is sought, including the ability to obtain the non-Federal contribution required under paragraph (4)(C);
information relating to assistance to be provided by the women's business center in the area served by the women's business center for which a grant under this subsection is sought;
information demonstrating that the applicant has worked with resource partners of the Administration and other entities;
a 3-year plan that describes the ability of the women's business center for which a grant under this subsection is sought—
to serve women who are business owners or potential business owners by conducting training and counseling activities; and
to provide training and services to a representative number of women who are socially and economically disadvantaged; and
any additional information that the Administrator may reasonably require.
Review and approval of applications for grants
In general
The Administrator shall—
review each application submitted under subparagraph (B), based on the information described in such subparagraph and the criteria set forth under clause (ii) of this subparagraph; and
whenever practicable, as part of the final selection process, conduct a site visit to each women's business center for which a grant under this subsection is sought.
Selection criteria
In general
The Administrator shall evaluate applicants for grants under this subsection in accordance with selection criteria that are—
established before the date on which applicants are required to submit the applications;
stated in terms of relative importance; and
publicly available and stated in each solicitation for applications for grants under this subsection made by the Administrator.
Required criteria
The selection criteria for a grant under this subsection shall include—
the total number of entrepreneurs served by the applicant;
the total number of new startup companies assisted by the applicant;
the percentage of clients of the applicant that are socially or economically disadvantaged; and
the percentage of individuals in the community served by the applicant who are socially or economically disadvantaged.
Conditions for continued funding
In determining whether to make a grant under this subsection, the Administrator—
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
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.
Notification
Not later than 60 days after the date of each deadline to submit applications, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application of the approval or denial.
Record retention
The Administrator shall maintain a copy of each application submitted under this paragraph for not less than 7 years.
; and
by striking paragraph (5) and inserting the following:
Award to previous recipients
There shall be no limitation on the number of times the Administrator may award a grant to an applicant under this subsection.
.
Technical and conforming amendments
In general
Section 29 of the Small Business Act (15 U.S.C. 656) is amended—
in subsection
(h)(2), by striking to award a contract (as a sustainability grant)
under subsection (l) or
;
in subsection
(j)(1), by striking The Administration
and inserting Not
later than November 1 of each year, the Administrator
;
in subsection (k)—
by striking paragraphs (1), (2), and (4);
by redesignating paragraph (3) as paragraph (4); and
by inserting before paragraph (4), as so redesignated, the following:
In general
There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $14,500,000 for each of fiscal years 2013, 2014, and 2015.
Use of funds
Amounts made available under this subsection may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section.
Continuing grant and cooperative agreement authority
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.
Suspension or termination
If the Administrator has entered into a grant or cooperative agreement with a women's business center under this section, the Administrator may not suspend or terminate the grant or cooperative agreement, unless the Administrator—
provides the women's business center with written notification setting forth the reasons for that action; and
affords the women's business center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code.
;
in subsection (m)—
in
paragraph (2), by striking subsection (b) or (l)
and inserting
this subsection or subsection (b)
; and
in
paragraph (4)(D), by striking or subsection (l)
; and
by redesignating subsections (m) and (n), as amended by this Act, as subsections (l) and (m), respectively.
Prospective repeal
Section 1401(c)(2) of the Small Business Jobs Act of 2010 (15 U.S.C. 636 note) is amended—
in subparagraph
(A), by striking and
at the end;
in subparagraph
(B), by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
by redesignating paragraph (6), as added by section 424(a)(3)(E) of the Women's Small Business Ownership Act of 2012, as paragraph (5).
.
Effect on existing grants
Terms and conditions
A nonprofit organization receiving a grant under section 29(m) of the Small Business Act (15 U.S.C. 656(m)), as in effect on the day before the date of enactment of this Act, shall continue to receive the grant under the terms and conditions in effect for the grant on the day before the date of enactment of this Act, except that the nonprofit organization may not apply for a renewal of the grant under section 29(m)(5) of the Small Business Act (15 U.S.C. 656(m)(5)), as in effect on the day before the date of enactment of this Act.
Length of renewal grant
The Administrator may award a grant under section 29(l) of the Small Business Act, as so redesignated by subsection (b)(1)(E) of this section, to a nonprofit organization receiving a grant under section 29(m) of the Small Business Act (15 U.S.C. 656(m)), as in effect on the day before the date of enactment of this Act, for the period—
beginning on the day after the last day of the grant agreement under such section 29(m); and
ending at the end of the third fiscal year beginning after the date of enactment of this Act.
Study and report on economic issues facing women's business centers
Study
The Comptroller General of the United States shall conduct a broad study of the unique economic issues facing women's business centers located in covered areas to identify—
the difficulties such centers face in raising non-Federal funds;
the difficulties such centers face in competing for financial assistance, non-Federal funds, or other types of assistance;
the difficulties such centers face in writing grant proposals; and
other difficulties such centers face because of the economy in the type of covered area in which such centers are located.
Report
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study under subsection (a), which shall include recommendations, if any, regarding how to—
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;
expand the presence of, and increase the services provided by, women's business centers located in covered areas; and
best use technology and other resources to better serve women business owners located in covered areas.
Definition of covered area
In this section, the term covered area means—
any State that is predominantly rural, as determined by the Administrator;
any State that is predominantly urban, as determined by the Administrator; and
any State or territory that is an island.
Study and report on oversight of women's business centers
Study
The Comptroller General of the United States shall conduct a study of the oversight of women's business centers by the Administrator, which shall include—
an analysis of the coordination by the Administrator of the activities of women's business centers with the activities of small business development centers, the Service Corps of Retired Executives, and Veterans Business Outreach Centers;
a comparison of the types of individuals and small business concerns served by women's business centers and the types of individuals and small business concerns served by small business development centers, the Service Corps of Retired Executives, and Veterans Business Outreach Centers; and
an analysis of performance data for women's business centers that evaluates how well women's business centers are carrying out the mission of women's business centers and serving individuals and small business concerns.
Report
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study under subsection (a), which shall include recommendations, if any, for eliminating the duplication of services provided by women's business centers, small business development centers, the Service Corps of Retired Executives, and Veterans Business Outreach Centers.
Strengthening America's Small Business Development Centers
Institutions of higher education
Section 21 of the Small Business Act (15 U.S.C. 648) is amended—
in subsection (a)(1), by striking :
Provided, That
and all that follows through on
such date.
and inserting the following: . On and after December
31, 2013, the Administrator may only make a grant under this paragraph to an
applicant that is an institution of higher education, as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), that is
accredited (and not merely in preaccreditation status) by a nationally
recognized accrediting agency or association recognized by the Secretary of
Education for such purpose in accordance with section 496 of that Act (20
U.S.C. 1099b).
; and
in subsection
(c)(3)(K), by inserting public and private institutions of higher
education (including universities, community colleges, and junior
colleges),
before local and regional private
consultants
.
Updating funding levels for small business development centers
Minimum funding levels
Section 21(a)(4)(C) of the Small Business Act (15 U.S.C. 648(a)(4)(C)) is amended—
in clause (iii)—
by striking
$90,000,000
each place that term appears and inserting
$98,500,000
;
by striking
$81,500,000
each place that term appears and inserting
$90,000,000
; and
by striking
$500,000
each place that term appears and inserting
$600,000
;
in clause
(v)(II), by striking if the usage
and all that follows through
the end of the subclause and inserting a period; and
in clause (v), by striking subclause (I) and inserting the following:
In general
Of the amounts made available in any fiscal year to carry out this section—
not more than $50,000 may be used by the Administration to pay the expenses enumerated in subparagraph (B) of section 20(a)(1);
not more than $500,000 may be used by the Administration to pay the expenses enumerated in subparagraph (C) of section 20(a)(1); and
not more than $250,000 may be used by the Administration to pay the expenses enumerated in subparagraph (D) of section 20(a)(1).
.
Authorization of appropriations
Section 21(a)(4)(C)(vii) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(vii)) is amended to read as follows:
Authorization of appropriations
There are authorized to be appropriated to carry out this subparagraph—
$135,000,000 for fiscal year 2013;
$135,000,000 for fiscal year 2014; and
$135,000,000 for fiscal year 2015.
.
Assistance to out-of-state small businesses
Section 21(b)(3) of the Small Business Act (15 U.S.C. 648(b)(3)) is amended—
by striking
(3) At the discretion
and inserting the following:
Assistance to out-of-State small businesses
In general
At the discretion
.
by adding at the end the following:
Disaster recovery assistance
In general
At the discretion of the Administrator, the Administrator may authorize a small business development center to provide assistance, as described in subsection (c), to small business concerns located outside of the State, without regard to geographic proximity, if the small business concerns are located in an area for which the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), during the period of the declaration.
Continuity of services
A small business development center that provides counselors to an area described in clause (i) shall, to the maximum extent practicable, ensure continuity of services in any State in which the small business development center otherwise provides services.
Access to disaster recovery facilities
For purposes of this subparagraph, the Administrator shall, to the maximum extent practicable, permit the personnel of a small business development center to use any site or facility designated by the Administrator for use to provide disaster recovery assistance.
.
Termination of small business development center defense economic transition assistance
In general
Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended—
by striking subparagraph (G); and
by redesignating subparagraphs (H) through (T) as subparagraphs (G) through (S), respectively.
Technical and conforming amendments
Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended—
in paragraph
(4)(C)(vi), by striking or (c)(3)(G)
; and
in paragraph (6),
by striking subparagraphs (B) through (G) of subsection (c)(3)
and inserting subparagraphs (B) through (F) of subsection
(c)(3)
.
Existing grants
Nothing in this section shall affect any grant made to a small business development center before the date of enactment of this Act under section 21(c)(3)(G) of the Small Business Act (15 U.S.C. 648(c)(3)(G)), as in effect on the day before the date of enactment of this Act, and any such grant shall be subject to such section 21(c)(3)(G), as in effect on the day before the date of enactment of this Act.
National Small Business Development Center Advisory Board
In general
Section 21(i)(1) of the Small Business Act (15 U.S.C. 648(i)(1)) is amended—
in the first sentence, by striking
nine members
and inserting 10 members
;
in the second
sentence, by striking six
and inserting the members who
are not from universities or their affiliates
;
by striking the third sentence; and
in the fourth sentence—
by striking
Succeeding Boards
and inserting The members of the
Board
; and
by inserting
not less than
before one-third
.
Incumbents
An individual serving as a member of the National Small Business Development Center Advisory Board on the date of enactment of this Act may continue to serve on the Board until the end of the term of the member under section 21(i)(1) of the Small Business Act (15 U.S.C. 648(i)(1)), as in effect on the day before such date of enactment.
Repeal of Paul D. Coverdell drug-free workplace program
Section 27 of the Small Business Act (15 U.S.C. 654) is repealed.
Terminating the National Veterans Business Development Corporation
National Veterans Business Development Corporation
In general
The Small Business Act (15 U.S.C. 631 et seq.) is amended by striking section 33 (15 U.S.C. 657c).
Corporation
On and after the date of enactment of this Act, the National Veterans Business Development Corporation and any successor thereto may not represent that the corporation is federally chartered or in any other manner authorized by the Federal Government.
Technical and conforming amendments
Small Business Act
The Small Business Act (15 U.S.C. 631 et seq.), as amended by this section, is amended—
by redesignating sections 34 through 45 as sections 33 through 44, respectively;
in section
9(k)(1)(D) (15 U.S.C. 638(k)(1)(D)), by striking section 34(d)
and inserting section 33(d)
;
in section 33 (15 U.S.C. 657d), as so redesignated—
by
striking section 35
each place it appears and inserting
section 34
;
in subsection (a)—
in paragraph (2),
by striking section 35(c)(2)(B)
and inserting section
34(c)(2)(B)
;
in paragraph
(4), by striking section 35(c)(2)
and inserting section
34(c)(2)
; and
in paragraph
(5), by striking section 35(c)
and inserting section
34(c)
; and
in subsection
(h)(2), by striking section 35(d)
and inserting section
34(d)
;
in section 34 (15 U.S.C. 657e), as so redesignated—
by
striking section 34
each place it appears and inserting
section 33
; and
in
subsection (c)(1), by striking section 34(c)(1)(E)(ii)
and
inserting section 33(c)(1)(E)(ii)
;
in section 36(d)
(15 U.S.C. 657i(d)), as so redesignated, by striking section 43
and inserting section 42
;
in section 39(d)
(15 U.S.C. 657l(d)), as so redesignated, by striking section 43
and inserting section 42
; and
in section 40(b)
(15 U.S.C. 657m(b)), as so redesignated, by striking section 43
and inserting section 42
.
Title 10
Section 1142(b)(13) of title 10, United States Code, is
amended by striking and the National Veterans Business Development
Corporation
.
Title 38
Section 3452(h) of title 38, United States Code, is amended by
striking any of the
and all that follows and inserting
any small business development center described in section 21 of the
Small Business Act (15 U.S.C. 648), insofar as such center offers, sponsors, or
cosponsors an entrepreneurship course, as that term is defined in section
3675(c)(2).
.
Food, Conservation, and Energy Act of 2008
Section 12072(c)(2) of the
Food, Conservation, and Energy Act of 2008 (15 U.S.C. 636g(c)(2)) is amended by
striking section 43 of the Small Business Act, as added by this
Act
and inserting section 42 of the Small Business Act (15
U.S.C. 657o)
.
Veterans Entrepreneurship and Small Business Development Act of 1999
Section 203(c)(5) of the Veterans Entrepreneurship and Small
Business Development Act of 1999 (15 U.S.C. 657b note) is amended by striking
In cooperation with the National Veterans Business Development
Corporation, develop
and inserting Develop
.
Expanding Women's Entrepreneurship
Definitions
In this subtitle—
the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively;
the term Task Force means the National Women's High-Growth Business Bipartisan Task Force established under section 452; and
the term small business concern owned and controlled by women has the meaning given that term in section 3(n) of the Small Business Act (15 U.S.C. 632(n)).
National Women's High-Growth Business Bipartisan Task Force
Establishment
There is established the National Women’s High-Growth Business Bipartisan Task Force, which shall serve as an independent source of advice, research, and policy recommendations to—
the Administrator;
the Assistant Administrator of the Office of Women's Business Ownership of the Administration;
Congress;
the President; and
other Federal departments and agencies.
Membership
Number of members
The Task Force shall be composed of 15 members, of which—
8 shall be individuals who own small business concerns owned and controlled by women, including not fewer than 2 individuals who own small business concerns owned and controlled by women in industries in which women are traditionally underrepresented;
2 shall be individuals having expertise conducting research on women’s business, women’s entrepreneurship, new business development by women, and high-growth business development; and
5 shall be individuals who represent women’s business organizations, including women’s business centers and women’s business advocacy groups.
Appointment of members
Owners of small business concerns owned and controlled by women
Of the members of the Task Force described in paragraph (1)(A)—
2 shall be appointed by the Chairperson of the Committee on Small Business and Entrepreneurship of the Senate;
2 shall be appointed by the Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate;
2 shall be appointed by the Chairperson of the Committee on Small Business of the House of Representatives; and
2 shall be appointed by the Ranking Member of the Committee on Small Business of the House of Representatives.
Other members
The members of the Task Force described in subparagraphs (B) and (C) of paragraph (1) shall be appointed by the Administrator.
Initial appointments
The individuals described in subparagraphs (A) and (B) shall appoint the initial members of the Task Force not later than 90 days after the date of enactment of this Act.
Geographic considerations
In making an appointment under this paragraph, the individuals described in subparagraphs (A) and (B) shall give consideration to the geographic areas of the United States in which the members of the Task Force live and work, particularly to ensure that rural areas are represented on the Task Force.
Political affiliation
Not more than 8 members of the Task Force may be members of the same political party.
Chairperson
Election of chairperson
The members of the Task Force shall elect 1 member of the Task Force as Chairperson of the Task Force.
Vacancies
Any vacancy in the position of Chairperson of the Task Force shall be filled by the Task Force at the first meeting of the Task Force after the date on which the vacancy occurs.
Term of service
In general
Except as provided in subparagraph (B), the term of service of each member of the Task Force shall be 3 years.
Terms of initial appointees
Of the members of the Task Force first appointed after the date of enactment of this Act—
6 shall be appointed for a term of 4 years, including—
1 member appointed by the individuals described in each of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A); and
2 members appointed by the Administrator; and
5 shall be appointed for a term of 5 years, including—
1 member appointed by the individuals described in each of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A); and
1 member appointed by the Administrator.
Vacancies
A vacancy on the Task Force shall be filled not later than 30 days after the date on which the vacancy occurs, in the manner in which the original appointment was made, and shall be subject to any conditions that applied to the original appointment. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.
Prohibition on Federal employment
In general
Except as provided in subparagraph (B), no member of the Task Force may serve as an officer or employee of the United States.
Exception
A member of the Task Force who accepts a position as an officer or employee of the United States after appointment to the Task Force may continue to serve on the Task Force for not more than 30 days after the date of such acceptance.
Compensation and expenses
No compensation
Each member of the Task Force shall serve without compensation.
Expenses
The Administrator shall reimburse the members of the Task Force for travel and subsistence expenses in accordance with section 5703 of title 5, United States Code.
Duties
The Task Force shall—
review and monitor plans and programs developed in the public and private sectors that affect the ability of small business concerns owned and controlled by women to obtain capital and credit and to access markets, and provide advice on improving coordination between such plans and programs;
monitor and promote the plans, programs, and operations of the Federal departments and agencies that contribute to the formation and development of small business concerns owned and controlled by women, and make recommendations to Federal departments and agencies concerning the coordination of such plans, programs, and operations;
develop and promote initiatives, policies, programs, and plans designed to encourage the formation of startups and high-growth small business concerns owned and controlled by women;
advise the Administrator on the development and implementation of an annual comprehensive plan for joint efforts by the public and private sectors to facilitate the formation and development of startups and high-growth small business concerns owned and controlled by women; and
examine the link between women who own small business concerns and intellectual property, including—
the number of patents, trademarks, and copyrights granted to women; and
the challenges faced by high-growth small business concerns owned and controlled by women in obtaining and enforcing intellectual property rights.
Powers
Hearings
The Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Task Force considers advisable to carry out its duties.
Task groups
The Task Force may, from time to time, establish temporary task groups, as necessary to carry out the duties of the Task Force.
Information from Federal agencies
Upon request of the Chairperson of the Task Force, the head of any Federal department or agency shall furnish such information to the Task Force as the Task Force considers necessary to carry out its duties.
Use of mails
The Task Force may use the United States mails in the same manner and under the same conditions as Federal departments and agencies.
Gifts
The Task Force may accept, use, and dispose of gifts or donations of services or property.
Meetings
In general
The Task Force shall meet—
not less than 3 times each year;
at the call of the Chairperson; and
upon the request of—
the Administrator;
the Chairperson and Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; or
the Chairperson and Ranking Member of the Committee on Small Business of the House of Representatives.
Participation of Federal agencies
Participation encouraged
The Task Force shall allow and encourage participation in meetings by representatives from Federal agencies.
Functions of representatives of Federal agencies
A representative from a Federal agency—
may be used as a resource; and
may not vote or otherwise act as a member of the Task Force.
Location
Each meeting of the full Task Force shall be held at the headquarters of the Administration, unless, not later than 1 month before the meeting, a majority of the members of the Task Force agree to meet at another location.
Support by Administrator
The Administrator shall provide suitable meeting facilities and such administrative support as may be necessary for each full meeting of the Task Force.
Reports
Reports by Task Force
Reports required
Not later than 30 days after the end of each fiscal year, the Task Force shall submit to the President and to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report containing—
a detailed description of the activities of the Task Force, including a report on how the Task Force has carried out the duties described in subsection (c);
the findings and recommendations of the Task Force; and
the recommendations of the Task Force for—
promoting intellectual property rights for high-growth small business concerns owned and controlled by women; and
such legislative and administrative actions as the Task Force considers appropriate to promote the formation and development of small business concerns owned and controlled by women.
Form of reports
The report required under subparagraph (A) shall include—
any concurring or dissenting views of the Administrator; and
the minutes of each meeting of the Task Force.
Reports by Chief Counsel for Advocacy
Studies
In general
Not less frequently than twice each year, the Chief Counsel for Advocacy of the Small Business Administration, in consultation with the Task Force, shall conduct a study of an issue that is important to small business concerns owned and controlled by women.
Topics
The topic of a study under clause (i) shall—
be an issue that the Task Force determines is critical to furthering the interests of small business concerns owned and controlled by women; and
relate to—
Federal prime contracts and subcontracts awarded to small business concerns owned and controlled by women;
access to credit and investment capital by women entrepreneurs;
acquiring and enforcing intellectual property rights; or
any other issue relating to small business concerns owned and controlled by women that the Task Force determines is appropriate.
Contracting
In conducting a study under this subparagraph, the Chief Counsel may contract with a public or private entity.
Report
The Chief Counsel for Advocacy shall—
submit a report containing the results of each study under subparagraph (A) to the Task Force, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives; and
make each report submitted under clause (i) available to the public online.
Federal Advisory Committee Act
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.
Repeal
Final reports
Not later than 90 days after the date of enactment of this Act—
the Interagency Committee on Women's Business Enterprise shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing the information described in paragraphs (1), (2), and (3) of section 404 of the Women's Business Ownership Act of 1988 (15 U.S.C. 7104), as in effect on the day before the date of enactment of this Act; and
the National Women's Business Council shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing the information described in subparagraphs (A), (B), and (C) of section 406(d)(6) of the Women's Business Ownership Act of 1988 (15 U.S.C. 7106), as in effect on the day before the date of enactment of this Act.
Repeal
The Women's Business Ownership Act of 1988 (15 U.S.C. 631 note) is amended by striking title IV (15 U.S.C. 7101 et seq.).
Technical and conforming amendments
The Small Business Act (15 U.S.C. 631 et seq.) is amended—
in section
8(b)(1)(G) (15 U.S.C. 637(b)(1)(G)), by striking and to carry out the
activities authorized by title IV of the Women's Business Ownership Act of
1988
; and
in section 29(g) (15 U.S.C. 656(g))—
in paragraph (1),
by striking women's business enterprises (as defined in section 408 of
the Women's Business Ownership Act of 1988 (15 U.S.C. 631 note))
and
inserting small business concerns owned and controlled by women
;
and
in paragraph (2)(B)(ii)—
in subclause
(VI), by adding and
at the end;
in subclause (VII), by striking the semicolon at the end and inserting a period; and
by striking subclauses (VIII), (IX), and (X).
Effective date
The amendments made by subsections (b) and (c) shall take effect 90 days after the date of enactment of this Act.
Improving Mentoring for Entrepreneurs
Definitions
In this subtitle—
the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively;
the term SCORE means the Service Corps of Retired Executives established under section 8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1));
the term SCORE Advisory Board means the SCORE Advisory Board established under section 462 of this Act;
the term SCORE chapter means a chapter of the Service Corps of Retired Executives; and
the term small business concern has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).
Establishment of Advisory Board
Establishment
There is established the SCORE Advisory Board.
Membership
Composition
The SCORE Advisory Board shall be composed of 6 members, who shall be appointed from among individuals having outstanding qualifications and known to be familiar with and sympathetic to the needs and problems of small business concerns.
Limitations
Of the individuals appointed under paragraph (1)—
not more than 3 may be members of a SCORE chapter; and
3 shall be owners or employees of small business concerns or members of an association that represents small business concerns.
Prohibition
The members of the SCORE Advisory Board may not be employees of the Federal Government.
Date
The appointments of the members of the SCORE Advisory Board shall be made not later than 90 days after the date of enactment of this Act.
Terms
In general
Except as provided in paragraph (2), a member of the SCORE Advisory Board shall be appointed for a term of 3 years.
First members
Of the members first appointed to the SCORE Advisory Board—
2 shall be appointed for a term of 4 years, of whom 1 shall be a member described in subsection (b)(2)(A) and 1 shall be a member described in subsection (b)(2)(B);
2 shall be appointed for a term of 3 years, of whom 1 shall be a member described in subsection (b)(2)(A) and 1 shall be a member described in subsection (b)(2)(B); and
2 shall be appointed for a term of 2 years, of whom 1 shall be a member described in subsection (b)(2)(A) and 1 shall be a member described in subsection (b)(2)(B).
Vacancies
In general
A vacancy on the SCORE Advisory Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.
Filling unexpired term
An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.
Initial meeting
Not later than 60 days after the date on which all members of the SCORE Advisory Board have been appointed, the SCORE Advisory Board shall hold its first meeting.
Meetings
The SCORE Advisory Board shall meet—
not less frequently than semiannually; and
at the call of the Chairman.
Quorum
A majority of the members of the SCORE Advisory Board shall constitute a quorum, but a lesser number of members may hold hearings.
Chairman
The SCORE Advisory Board shall select a Chairman from among its members.
Duties of the SCORE Advisory Board
Duties
The SCORE Advisory Board shall—
review and monitor plans and programs developed in the public and private sector which affect SCORE chapters;
provide advice on improving coordination between plans and programs described in paragraph (1);
advise SCORE chapters on the use of Federal funds allocated to SCORE;
develop and promote initiatives, policies, programs, and plans designed to assist with the mentoring services offered by SCORE chapters throughout the United States; and
advise the Administrator on the development and implementation of an annual comprehensive plan under subsection (b).
Development of plan
The Administrator shall develop and implement an annual comprehensive plan for joint efforts by the public and private sectors to facilitate the formation and development of mentoring by SCORE volunteers.
Annual report
Not later than 30 days after the end of each fiscal year, the SCORE Advisory Board shall submit to the President, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report that contains—
the minutes of each meeting of the SCORE Advisory Board during the fiscal year to which the report relates;
a detailed description of the activities of the SCORE Advisory Board during the fiscal year to which the report relates, including how the SCORE Advisory Board carried out the duties described in subsection (a);
recommendations for promoting SCORE chapters and mentoring services; and
any concurring or dissenting views of the Administrator.
Powers of the SCORE Advisory Board
Hearings
The SCORE Advisory Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the SCORE Advisory Board considers advisable to carry out this subtitle.
Task groups
The SCORE Advisory Board may establish a temporary task group to carry out any duty of the SCORE Advisory Board described in section 463 of this Act.
Information from federal agencies
The SCORE Advisory Board may secure directly from any Federal department or agency such information as the SCORE Advisory Board considers necessary to carry out this Act. Upon request of the Chairman of the SCORE Advisory Board, the head of such department or agency shall furnish such information to the SCORE Advisory Board.
Postal services
The SCORE Advisory Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
Gifts
The SCORE Advisory Board may accept, use, and dispose of gifts or donations of services or property.
SCORE Advisory Board personnel matters
Compensation
Members of the SCORE Advisory Board shall not be compensated for services performed on behalf of the SCORE Advisory Board.
Travel expenses
The members of the SCORE Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the SCORE Advisory Board.
Detail of government employees
Any Federal Government employee may be detailed to the SCORE Advisory Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
Inapplicability of the Federal Advisory Committee Act to the SCORE Advisory Board
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the SCORE Advisory Board.
Funding
The expenses of the SCORE Advisory Board, including expenses relating to personnel, as described in section 465, shall be paid by SCORE, from amounts made available to SCORE to carry out section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)).
Reauthorization
Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended—
by redesignating subsection (j) as subsection (f); and
by adding at the end the following:
SCORE program
The Administrator may make grants and enter into cooperative agreements to carry out the SCORE program authorized by section 8(b)(1) in a total amount that does not exceed $7,000,000 for each of fiscal years 2013, 2014, and 2015.
.
Chief executive officer of SCORE
Limitation on amount of salary
The rate of basic pay of the chief executive officer of SCORE may not exceed the maximum rate of basic pay established under section 5382 of title 5, United States Code, for a position in the Senior Executive Service.
Federal share of salary
For any year during which the chief executive officer of SCORE serves in a leadership capacity on a foundation affiliated with SCORE, the Federal share of the basic pay of the chief executive officer of SCORE may not exceed 80 percent.
Allocation committee
Establishment
SCORE shall establish a committee to determine the amount allocated each year to each SCORE chapter.
Members
The members of the committee established under subsection (a) shall include—
1 member of the staff of SCORE who is not the chief executive officer of SCORE; and
not fewer than 4 members of the SCORE Advisory Board.
Allocation of amounts
SCORE shall establish a method for allocating amounts received by SCORE from the Federal Government, which shall—
ensure that not less than 50 percent of the amounts are allocated to SCORE chapters; and
be subject to the approval of the Administrator and the committee established under section 203.
GAO study and report
Study
The Comptroller General of the United States shall conduct a study of the technology activities of SCORE that includes an examination of each expenditure by SCORE for technology activities and the result of each such expenditure.
Report
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress and the Administrator a report that contains—
a detailed description of the amounts SCORE has expended for technology activities, including how SCORE expended Federal funds to carry out and sustain technology initiatives during the 4-year period ending on the date of enactment of this Act;
a determination of whether SCORE has expended Federal funds efficiently and effectively to carry out technology activities;
an evaluation of—
how well SCORE has met objectives relating to technology spending; and
the policy that resulted in the establishment of objectives relating to technology spending; and
recommendations for actions by SCORE to achieve objectives relating to technology spending while safeguarding Federal funds.
Access to Government Contracting
Bonds
Removal of sunset dates for certain provisions of the Small Business Investment Act of 1958
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 does not
exceed
and all that follows and inserting does not exceed
$5,000,000.
.
Denial of liability
Section 411(e)(2) of the Small Business Investment Act
of 1958 (15 U.S.C. 694b(e)(2)) is amended by striking bonds
exceeds
and all that follows and inserting bonds exceeds
$5,000,000,
.
Small Business Contracting Fraud Prevention
Short title
This subtitle may be
cited as the Small Business
Contracting Fraud Prevention Act of 2012
.
Definitions
In this subtitle—
the term 8(a) program means the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a));
the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively;
the terms HUBZone and HUBZone small business concern and HUBZone map have the meanings given those terms in section 3(p) of the Small Business Act (15 U.S.C. 632(p)), as amended by this Act; and
the term recertification means a determination by the Administrator that a business concern that was previously determined to be a qualified HUBZone small business concern is a qualified HUBZone small business concern under section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)).
Fraud deterrence at the Small Business Administration
Section 16 of the Small Business Act (15 U.S.C. 645) is amended—
in subsection (d)—
in paragraph (1)—
in the matter preceding subparagraph (A),
by striking Whoever
and all that follows through oneself
or another
and inserting the following: A person shall be
subject to the penalties and remedies described in paragraph (2) if the person
misrepresents the status of any concern or person as a small business concern,
a qualified HUBZone small business concern, a small business concern owned and
controlled by socially and economically disadvantaged individuals, a small
business concern owned and controlled by women, or a small business concern
owned and controlled by service-disabled veterans, in order to obtain for any
person
;
by amending subparagraph (A) to read as follows:
prime contract, subcontract, grant, or cooperative agreement to be awarded under subsection (a) or (m) of section 8, or section 9, 15, 31, or 35;
;
by striking subparagraph (B);
by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and
in subparagraph (C), as so redesignated, by
striking , shall be
and all that follows and inserting a
period;
in paragraph (2)—
by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and
by inserting after subparagraph (B) the following:
be
subject to the civil remedies under subchapter III of chapter 37 of title 31,
United States Code (commonly known as the False Claims
Act
);
; and
by adding at the end the following:
In the case of a violation of paragraph (1)(A) or subsection (g) or (h), for purposes of a proceeding described in subparagraph (A) or (C) of paragraph (2), the amount of the loss to the Federal Government or the damages sustained by the Federal Government, as applicable, shall be an amount equal to the amount that the Federal Government paid to the person that received a contract, grant, or cooperative agreement described in paragraph (1)(A), (g), or (h), respectively.
In the case of a violation of subparagraph (B) or (C) of paragraph (1), for the purpose of a proceeding described in subparagraph (A) or (C) of paragraph (2), the amount of the loss to the Federal Government or the damages sustained by the Federal Government, as applicable, shall be an amount equal to the portion of any payment by the Federal Government under a prime contract that was used for a subcontract described in subparagraph (B) or (C) of paragraph (1), respectively.
In a proceeding described in subparagraph (A) or (B), no credit shall be applied against any loss or damages to the Federal Government for the fair market value of the property or services provided to the Federal Government.
;
by striking subsection (e) and inserting the following:
Any representation of the status of any concern or person as a small business concern, a HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women, or a small business concern owned and controlled by service-disabled veterans, in order to obtain any prime contract, subcontract, grant, or cooperative agreement described in subsection (d)(1) shall be made in writing or through the Online Representations and Certifications Application process required under section 4.1201 of the Federal Acquisition Regulation, or any successor thereto.
; and
by adding at the end the following:
A person shall be subject to the penalties and remedies described in subsection (d)(2) if the person misrepresents the status of any concern or person as a small business concern, a qualified HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women, or a small business concern owned and controlled by service-disabled veterans—
in order to allow any person to participate in any program of the Administration; or
in relation to a protest of a contract award or proposed contract award made under regulations issued by the Administration.
A person that submits a request for payment on a contract or subcontract that is awarded under subsection (a) or (m) of section 8, or section 9, 15, 31, or 35, shall be deemed to have submitted a certification that the person complied with regulations issued by the Administration governing the percentage of work that the person is required to perform on the contract or subcontract, unless the person states, in writing, that the person did not comply with the regulations.
A person shall be subject to the penalties and remedies described in subsection (d)(2) if the person—
uses the services of a business other than the business awarded the contract or subcontract to perform a greater percentage of work under a contract than is permitted by regulations issued by the Administration; or
willfully participates in a scheme to circumvent regulations issued by the Administration governing the percentage of work that a contractor is required to perform on a contract.
.
Veterans integrity in contracting
Definition
Section 3(q)(1) of the Small Business Act
(15 U.S.C. 632(q)(1)) is amended by striking means a veteran
and
all that follows and inserting the following: “means—
a veteran with a service-connected disability rated by the Secretary of Veterans Affairs as zero percent or more disabling; or
a former member of the Armed Forces who is retired, separated, or placed on the temporary disability retired list for physical disability under chapter 61 of title 10, United States Code.
.
Veterans contracting
Section 4 of the Small Business Act (15 U.S.C. 633), as amended by this Act, is amended by adding at the end the following:
Veteran status
In general
A business concern seeking status as a small business concern owned and controlled by service-disabled veterans shall—
submit an annual certification indicating that the business concern is a small business concern owned and controlled by service-disabled veterans by means of the Online Representations and Certifications Application process required under section 4.1201 of the Federal Acquisition Regulation, or any successor thereto; and
register with—
the Central Contractor Registration database maintained under subpart 4.11 of the Federal Acquisition Regulation, or any successor thereto; and
the VetBiz database of the Department of Veterans Affairs, or any successor thereto.
Verification of status
Veterans Affairs
The Secretary of Veterans Affairs shall determine whether a business concern registered with the VetBiz database of the Department of Veterans Affairs, or any successor thereto, as a small business concern owned and controlled by veterans or a small business concern owned and controlled by service-disabled veterans is owned and controlled by a veteran or a service-disabled veteran, as the case may be.
Federal agencies generally
The head of each Federal agency shall—
for a sole source contract awarded to a small business concern owned and controlled by service-disabled veterans or a contract awarded with competition restricted to small business concerns owned and controlled by service-disabled veterans under section 35, determine whether a business concern submitting a proposal for the contract is a small business concern owned and controlled by service-disabled veterans; and
use the VetBiz database of the Department of Veterans Affairs, or any successor thereto, in determining whether a business concern is a small business concern owned and controlled by service-disabled veterans.
Debarment and suspension
If the Administrator determines that a business concern knowingly and willfully misrepresented that the business concern is a small business concern owned and controlled by service-disabled veterans, the Administrator may debar or suspend the business concern from contracting with the United States.
.
Integration of databases
The Administrator for Federal Procurement Policy and the Secretary of Veterans Affairs shall ensure that data is shared on an ongoing basis between the VetBiz database of the Department of Veterans Affairs and the Central Contractor Registration database maintained under subpart 4.11 of the Federal Acquisition Regulation.
Effective date
In general
The amendment made by subsection (b) and the requirements
under subsection (c) shall take effect on the date on which the Secretary of
Veterans Affairs (referred to in this subsection as the
Secretary
) publishes in the Federal Register a determination
that the Department of Veterans Affairs has the necessary resources and
capacity to carry out the additional responsibility of determining whether
small business concerns registered with the VetBiz database of the Department
of Veterans Affairs are owned and controlled by a veteran or a service-disabled
veteran, as the case may be, in accordance with subsection (h) of section 4 of
the Small Business Act (15 U.S.C. 633), as added by subsection (b).
Timeline
If the Secretary determines that the Secretary is not able to publish the determination under paragraph (1) before the date that is 1 year after the date of enactment of this Act, the Secretary shall, not later than 1 year after the date of enactment of this Act, submit a report containing an estimate of the date on which the Secretary will publish the determination under paragraph (1) to the Committee on Small Business and Entrepreneurship and the Committee on Veterans’ Affairs of the Senate and the Committee on Small Business and the Committee on Veterans’ Affairs of the House of Representatives.
Section 8(a) program improvements
Review of effectiveness
Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) is amended by adding at the end the following:
Not later than 3 years after the date of enactment of this paragraph, and every 3 years thereafter, the Comptroller General of the United States shall—
conduct an evaluation of the effectiveness of the program under this subsection, including an examination of—
the number and size of contracts applied for, as compared to the number received by, small business concerns after successfully completing the program;
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;
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
the number of training sessions offered under the program; and
submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding each evaluation under subparagraph (A).
.
Other improvements
In order to improve the 8(a) program, the Administrator shall—
not later than 90 days after the date of enactment of this Act, begin to—
evaluate the feasibility of—
using additional third-party data sources;
making unannounced visits of sites that are selected randomly or using risk-based criteria;
using fraud detection tools, including data-mining techniques; and
conducting financial and analytical training for the business opportunity specialists of the Administration;
evaluate the feasibility and advisability of amending regulations applicable to the 8(a) program to require that calculations of the adjusted net worth or total assets of an individual include assets held by the spouse of the individual; and
develop a more consistent enforcement strategy that includes the suspension or debarment of contractors that knowingly make misrepresentations in order to qualify for the 8(a) program; and
not later than 1 year after the date on which the Comptroller General submits the report under section 8(a)(22)(B) of the Small Business Act, as added by subsection (c), issue, in final form, proposed regulations of the Administration that—
determine the economic disadvantage of a participant in the 8(a) program based on the income and asset levels of the participant at the time of application and annual recertification for the 8(a) program; and
limit the ability of a small business concern to participate in the 8(a) program if an immediate family member of an owner of the small business concern is, or has been, a participant in the 8(a) program, in the same industry.
HUBZone improvements
Purpose
The purpose of this section is to reform and improve the HUBZone program of the Administration.
In general
The Administrator shall—
ensure the HUBZone map is—
accurate and up-to-date; and
revised as new data is made available to maintain the accuracy and currency of the HUBZone map;
implement policies for ensuring that only HUBZone small business concerns determined to be qualified under section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) are participating in the HUBZone program, including through the appropriate use of technology to control costs and maximize, among other benefits, uniformity, completeness, simplicity, and efficiency;
submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding any application to be designated as a HUBZone small business concern or for recertification for which the Administrator has not made a determination as of the date that is 60 days after the date on which the application was submitted or initiated, which shall include a plan and timetable for ensuring the timely processing of the applications; and
develop measures and implement plans to assess the effectiveness of the HUBZone program that—
require the identification of a baseline point in time to allow the assessment of economic development under the HUBZone program, including creating additional jobs; and
take into account—
the economic characteristics of the HUBZone; and
contracts being counted under multiple socioeconomic subcategories.
Employment percentage
Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is amended—
in paragraph (5), by adding at the end the following:
Employment percentage during interim period
Definition
In this subparagraph, the term interim period means the period beginning on the date on which the Administrator determines that a HUBZone small business concern is qualified under subparagraph (A) and ending on the day before the date on which a contract under the HUBZone program for which the HUBZone small business concern submits a bid is awarded.
Interim period
During the interim period, the Administrator may not determine that the HUBZone small business is not qualified under subparagraph (A) based on a failure to meet the applicable employment percentage under subparagraph (A)(i)(I), unless the HUBZone small business concern—
has not attempted to maintain the applicable employment percentage under subparagraph (A)(i)(I); or
does not meet the applicable employment percentage—
on the date on which the HUBZone small business concern submits a bid for a contract under the HUBZone program; or
on the date on which the HUBZone small business concern is awarded a contract under the HUBZone program.
; and
by adding at the end the following:
HUBZone program
The term HUBZone program means the program established under section 31.
HUBZone map
The term HUBZone map means the map used by the Administration to identify HUBZones.
.
Redesignated areas
Section 3(p)(4)(C)(i) of the Small Business Act (15 U.S.C. 632(p)(4)(C)(i)) is amended to read as follows:
3 years after the first date on which the Administrator publishes a HUBZone map that is based on the results from the 2010 decennial census; or
.
Annual report on suspension, debarment, and prosecution
The Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that contains—
the number of debarments from participation in programs of the Administration issued by the Administrator during the 1-year period preceding the date of the report, including—
the number of debarments that were based on a conviction; and
the number of debarments that were fact-based and did not involve a conviction;
the number of suspensions from participation in programs of the Administration issued by the Administrator during the 1-year period preceding the date of the report, including—
the number of suspensions issued that were based upon indictments; and
the number of suspensions issued that were fact-based and did not involve an indictment;
the number of suspension and debarments issued by the Administrator during the 1-year period preceding the date of the report that were based upon referrals from offices of the Administration, other than the Office of Inspector General;
the number of suspension and debarments issued by the Administrator during the 1-year period preceding the date of the report based upon referrals from the Office of Inspector General; and
the number of persons that the Administrator declined to debar or suspend after a referral described in paragraph (8), and the reason for each such decision.
Fairness in Women-Owned Small Business Contracting
Short title
This subtitle may be
cited as the Fairness in Women-Owned
Small Business Contracting Act of 2012
.
Procurement program for women-owned small business concerns
Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended—
in paragraph (2)—
in subparagraph (A), by striking who
are economically disadvantaged
;
in subparagraph (C), by striking
paragraph (3)
and inserting paragraph (4)
;
by striking subparagraph (D); and
by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and
by adding at the end the following:
Sole source contracts
A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women under the same conditions as a sole source contract may be awarded to a qualified HUBZone small business concern under section 31(b)(2)(A).
.
Study and report on representation of women
Section 29 of the Small Business Act (15 U.S.C. 656), as amended by section 424 of this Act, is amended by adding at the end the following:
Study and report on representation of women
Study
The Administrator shall periodically conduct a study to identify any United States industry, as defined under the North American Industry Classification System, in which women are underrepresented.
Report
Not later than 5 years after the date of enactment of this subsection, and every 5 years thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the results of each study under paragraph (1) conducted during the 5-year period ending on the date of the report.
.
Small Business Champion
Short title
This subtitle may be
cited as the Small Business Champion
Act of 2012
.
Offices of Small and Disadvantaged Business Utilization
Appointment and position of Director
Section
15(k)(2) of the Small Business Act (15 U.S.C. 644(k)(2)) is amended by striking
such agency,
and inserting such agency to a position that
is a Senior Executive Service position (as such term is defined under section
3132(a) of title 5, United States Code), except that, for any agency in which
the positions of Chief Acquisition Officer and senior procurement executive (as
such terms are defined under section 43(a) of this Act) are not Senior
Executive Service positions, the Director of Small and Disadvantaged Business
Utilization may be appointed to a position compensated at not less than the
minimum rate of basic pay payable for grade GS–15 of the General Schedule under
section 5332 of such title (including comparability payments under section 5304
of such title);
.
Performance appraisals
Section 15(k)(3) of the Small Business Act (15 U.S.C. 644(k)(3)) is amended—
by striking
be responsible only to, and report directly to, the head
and
inserting shall be responsible only to (including with respect to
performance appraisals), and report directly and exclusively to, the
head
; and
by striking
be responsible only to, and report directly to, such Secretary
and inserting be responsible only to (including with respect to
performance appraisals), and report directly and exclusively to, such
Secretary
.
Small business technical advisers
Section
15(k)(8)(B) of the Small Business Act (15 U.S.C. 644(k)(8)(B)) is amended by
striking and 15 of this Act,
and inserting , 15, and 43
of this Act;
.
Additional requirements
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended by inserting after paragraph (10) the following:
shall review and advise such agency on any decision to convert an activity performed by a small business concern to an activity performed by a Federal employee;
shall provide to the Chief Acquisition Officer and senior procurement executive of such agency advice and comments on acquisition strategies, market research, and justifications related to section 43 of this Act;
may provide training to small business concerns and contract specialists, except that such training may only be provided to the extent that the training does not interfere with the Director carrying out other responsibilities under this subsection;
shall carry out exclusively the duties enumerated in this Act, and shall, while the Director, not hold any other title, position, or responsibility, except as necessary to carry out responsibilities under this subsection;
shall submit, each fiscal year, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing—
the training provided by the Director under paragraph (13) in the most recently completed fiscal year;
the percentage of the budget of the Director used for such training in the most recently completed fiscal year; and
the percentage of the budget of the Director used for travel in the most recently completed fiscal year; and
shall have not less than 10 years of relevant procurement experience.
.
Technical amendments
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), as amended by subsection (d), is further amended—
in the matter
preceding paragraph (1) by striking who shall
and inserting
who
;
in paragraph (1)—
by striking
be known
and inserting shall be known
; and
by striking
such agency,
and inserting such agency;
;
in paragraph (2)
by striking be appointed by
and inserting shall be
appointed by
;
in paragraph (3)—
by striking
director
and inserting Director
; and
by striking
Secretary's designee,
and inserting Secretary's
designee;
;
in paragraph (4)—
by striking
be responsible
and inserting shall be
responsible
; and
by striking
such agency,
and inserting such agency;
;
in paragraph (5)
by striking identify proposed
and inserting shall
identify proposed
;
in paragraph (6)
by striking assist small
and inserting shall assist
small
;
in paragraph (7)—
by striking
have supervisory
and inserting shall have
supervisory
; and
by striking
this Act,
and inserting this Act;
;
in paragraph (8)—
by striking
assign a
and inserting shall assign a
; and
by striking the activity,
and
and inserting the activity; and
;
in paragraph (9)—
by striking
cooperate, and
and inserting shall cooperate,
and
; and
by striking
subsection, and
and inserting subsection;
;
and
in paragraph (10)—
by striking
make recommendations
and inserting shall make
recommendations
;
by striking
subsection (a), or section
and inserting subsection (a),
section
;
by striking
Act or section 2323
and inserting Act, or section
2323
;
by striking
Code. Such recommendations shall
and inserting Code,
which shall
; and
by striking
contract file.
and inserting contract
file;
.
Small Business Procurement Advisory Council
Duties
Section 7104(b) of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644 note) is amended—
in paragraph (1)
by striking and
at the end;
in paragraph (2)
by striking authorities.
and inserting
authorities;
; and
by adding at the end the following:
to conduct reviews of each Office of Small and Disadvantaged Business Utilization established under section 15(k) of the Small Business Act (15 U.S.C. 644(k)) to determine the compliance of each Office with requirements under such section;
to identify best practices for maximizing small business utilization in Federal contracting that may be implemented by Federal agencies having procurement powers; and
to submit, annually, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing—
the comments submitted under paragraph (2) during the 1-year period ending on the date on which the report is submitted, including any outcomes related to the comments;
the results of reviews conducted under paragraph (3) during such 1-year period; and
best practices identified under paragraph (4) during such 1-year period.
.
Membership
Section 7104(c) of the Federal Acquisition
Streamlining Act of 1994 (15 U.S.C. 644 note) is amended by striking
(established under section 15(k) of the Small Business Act (15 U.S.C.
644(k))
.
Chairman
Section 7104(d) of the Federal Acquisition
Streamlining Act of 1994 (15 U.S.C. 644 note) is amended by inserting after
Small Business Administration
the following: (or the
designee of the Administrator)
.
Subcontracts
Subcontracts awarded by Federally Funded Research and Development Centers
Subsection 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by adding at the end the following:
First tier subcontracts that are awarded by a federally funded research and development center sponsored by a Federal agency to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women, shall be considered in determining whether the annually established agency and governmentwide goals for procurement contracts have been met.
.
