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[House Report 114-526]
[From the U.S. Government Publishing Office]

114th Congress }                                      { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                      { 114-526

======================================================================
 
     DEVELOPING THE NEXT GENERATION OF SMALL BUSINESSES ACT OF 2016

                                _______
                                

 April 25, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Chabot, from the Committee on Small Business, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 207]

    The Committee on Small Business, to whom was referred the 
bill (H.R. 207) to amend the Small Business Act to provide for 
improvements to small business development centers, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Developing the Next 
Generation of Small Businesses Act of 2016''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

        TITLE I--SMALL BUSINESS DEVELOPMENT CENTERS IMPROVEMENTS

Sec. 101. Short title.
Sec. 102. Use of authorized entrepreneurial development programs.
Sec. 103. Marketing of services.
Sec. 104. Data collection.
Sec. 105. Fees from private partnerships and cosponsorships.
Sec. 106. Equity for small business development centers.
Sec. 107. Confidentiality requirements.
Sec. 108. Limitation on award of grants to small business development 
centers.

        TITLE II--WOMEN'S BUSINESS CENTERS PROGRAM IMPROVEMENTS

Sec. 201. Short title.
Sec. 202. Office of Women's Business Ownership.
Sec. 203. Women's Business Center Program.
Sec. 204. Matching requirements under Women's Business Center Program.

                TITLE III--SCORE PROGRAM REAUTHORIZATION

Sec. 301. Short title.
Sec. 302. SCORE Reauthorization.
Sec. 303. SCORE program.
Sec. 304. Online component.
Sec. 305. Study and report on the future role of the SCORE program.
Sec. 306. Technical and conforming amendments.

        TITLE I--SMALL BUSINESS DEVELOPMENT CENTERS IMPROVEMENTS

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Small Business Development Centers 
Improvement Act of 2016''.

SEC. 102. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS.

  The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding 
at the end the following:

``SEC. 48. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS.

  ``(a) Expanded Support for Entrepreneurs.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, the Administrator shall only use the programs authorized 
        in sections 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, and 32 of 
        this Act, and sections 358 and 389 of the Small Business 
        Investment Act to deliver entrepreneurial development services, 
        entrepreneurial education, support for the development and 
        maintenance of clusters, or business training.
          ``(2) Exception.--This section shall not apply to services 
        provided to assist small business concerns owned by an Indian 
        tribe (as such term is defined in section 8(a)(13)).
  ``(b) Annual Report.--Beginning on the first December 1 after the 
date of enactment of this subsection, the Administrator shall annually 
report to the Committee on Small Business of the House of 
Representatives and the Committee on Small Business and 
Entrepreneurship of the Senate on all entrepreneurial development 
activities undertaken in the current fiscal year. This report shall 
include--
          ``(1) a description and operating details for each program 
        and activity;
          ``(2) operating circulars, manuals, and standard operating 
        procedures for each program and activity;
          ``(3) a description of the process used to award grants under 
        each program and activity;
          ``(4) a list of all awardees, contractors, and vendors 
        (including organization name and location) and the amount of 
        awards for the current fiscal year for each program and 
        activity;
          ``(5) the amount of funding obligated for the current fiscal 
        year for each program and activity; and
          ``(6) the names and titles for those individuals responsible 
        for each program and activity.''.

SEC. 103. MARKETING OF SERVICES.

  Section 21 of the Small Business Act (15 U.S.C. 648) is amended by 
adding at the end the following:
  ``(o) No Prohibition of Marketing of Services.--The Administrator 
shall not prohibit applicants receiving grants under this section from 
marketing and advertising their services to individuals and small 
business concerns.''.

SEC. 104. DATA COLLECTION.

  (a) In General.--Section 21(a)(3)(A) of the Small Business Act (15 
U.S.C. 648(a)(3)(A)) is amended--
          (1) by striking ``as provided in this section and'' and 
        inserting ``as provided in this section,''; and
          (2) by inserting before the period at the end the following: 
        ``, and (iv) governing data collection activities related to 
        applicants receiving grants under this section''.
  (b) Annual Report on Data Collection.--Section 21 of the Small 
Business Act (15 U.S.C. 648), as amended by section 103 of this Act, is 
further amended by adding at the end the following:
  ``(p) Annual Report on Data Collection.--The Administrator shall 
report annually to the Committee on Small Business of the House of 
Representatives and the Committee on Small Business and 
Entrepreneurship of the Senate on any data collection activities 
related to the Small Business Development Center program.''.
  (c) Working Group to Improve Data Collection.--
          (1) Establishment and study.--The Administrator of the Small 
        Business Administration shall establish a Data Collection 
        Working Group consisting of members from entrepreneurial 
        development grant recipients associations and organizations and 
        Administration officials, to carry out a study to determine the 
        best way to capture data collection and create or revise 
        existing systems dedicated to data collection.
          (2) Report.--Not later than the end of the 180-day period 
        beginning on the date of the enactment of this Act, the Data 
        Collection Working Group shall issue a report to the Committee 
        on Small Business of the House of Representatives and the 
        Committee on Small Business and Entrepreneurship of the Senate 
        containing the findings and determinations made in carrying out 
        the study required under paragraph (1), including--
                  (A) recommendations for revising existing data 
                collection practices; and
                  (B) a proposed plan for the Small Business 
                Administration to implement such recommendations.

SEC. 105. FEES FROM PRIVATE PARTNERSHIPS AND COSPONSORSHIPS.

  Section 21(a)(3) of the Small Business Act (15 U.S.C. 648(a)(3)(C)), 
as amended by section 104, is further amended by adding at the end the 
following:
  ``(D) Fees From Private Partnerships and Cosponsorships.--
Participation in private partnerships and cosponsorships with the 
Administration shall not limit small business development centers from 
collecting fees or other income related to the operation of such 
private partnerships and cosponsorships.''.

SEC. 106. EQUITY FOR SMALL BUSINESS DEVELOPMENT CENTERS.

  Subclause (I) of section 21(a)(4)(C)(v) of the Small Business Act (15 
U.S.C. 648(a)(4)(C)(v)) is amended to read as follows:
                          ``(I) In general.--Of the amounts made 
                        available in any fiscal year to carry out this 
                        section not more than $600,000 may be used by 
                        the Administration to pay expenses enumerated 
                        in subparagraphs (B) through (D) of section 
                        20(a)(1).''.

SEC. 107. CONFIDENTIALITY REQUIREMENTS.

  Section 21(a)(7)(A) of the Small Business Act (15 U.S.C. 
648(a)(7)(A)) is amended by inserting after ``under this section'' the 
following: ``to any State, local or Federal agency, or third party''.

SEC. 108. LIMITATION ON AWARD OF GRANTS TO SMALL BUSINESS DEVELOPMENT 
                    CENTERS.

  (a) In General.--Section 21 of the Small Business Act (15 U.S.C. 
648), as amended by section 104, is further amended--
          (1) in subsection (a)(1), by striking ``any women's business 
        center operating pursuant to section 29,'';
          (2) by adding at the end the following:
  ``(q) Limitation on Award of Grants.--Except for not-for-profit 
institutions of higher education, and notwithstanding any other 
provision of law, the Administrator may not award grants (including 
contracts and cooperative agreements) under this section to any entity 
other than those that received grants (including contracts and 
cooperative agreements) under this section prior to the date of the 
enactment of this subsection, and that seek to renew such grants 
(including contracts and cooperative agreements) after such date.''.
  (b) Rule of Construction.--The amendments made by this section may 
not be construed as prohibiting a women's business center from 
receiving a subgrant from an entity receiving a grant under section 21 
of the Small Business Act (15 U.S.C. 648).

        TITLE II--WOMEN'S BUSINESS CENTERS PROGRAM IMPROVEMENTS

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Women's Business Centers 
Improvements Act of 2016''.

SEC. 202. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.

  Section 29(g) of the Small Business Act (15 U.S.C. 656(g)) is 
amended--
          (1) in paragraph (2), by striking subparagraphs (B) and (C) 
        and inserting the following:
                  ``(B) Responsibilities.--The responsibilities of the 
                Assistant Administrator shall be to administer the 
                programs and services of the Office of Women's Business 
                Ownership.
                  ``(C) Duties.--The Assistant Administrator shall 
                perform the following functions with respect to the 
                Office of Women's Business Ownership:
                          ``(i) Recommend the annual administrative and 
                        program budgets of the Office and eligible 
                        entities receiving a grant under the Women's 
                        Business Center Program.
                          ``(ii) Review the annual budgets submitted by 
                        each eligible entity receiving a grant under 
                        the Women's Business Center Program.
                          ``(iii) Select applicants to receive grants 
                        to operate a women's business center after 
                        reviewing information required by this section, 
                        including the budget of each applicant.
                          ``(iv) Collaborate with other Federal 
                        departments and agencies, State and local 
                        governments, not-for-profit organizations, and 
                        for-profit enterprises to maximize utilization 
                        of taxpayer dollars and reduce (or eliminate) 
                        any duplication among the programs overseen by 
                        the Office of Women's Business Ownership and 
                        those of other entities that provide similar 
                        services to women entrepreneurs.
                          ``(v) Maintain a clearinghouse to provide for 
                        the dissemination and exchange of information 
                        between women's business centers.
                          ``(vi) Serve as the vice chairperson of the 
                        Interagency Committee on Women's Business 
                        Enterprise and as the liaison for the National 
                        Women's Business Council.''; and
          (2) by adding at the end the following:
          ``(3) Mission.--The mission of the Office of Women's Business 
        Ownership shall be to assist women entrepreneurs to start, 
        grow, and compete in global markets by providing quality 
        support with access to capital, access to markets, job 
        creation, growth, and counseling by--
                  ``(A) fostering participation of women entrepreneurs 
                in the economy by overseeing a network of women's 
                business centers throughout States and territories;
                  ``(B) creating public-private partnerships to support 
                women entrepreneurs and conduct outreach and education 
                to startup and existing small business concerns owned 
                and controlled by women; and
                  ``(C) working with other programs overseen by the 
                Administrator to ensure women are well-represented and 
                being served and to identify gaps where participation 
                by women could be increased.
          ``(4) Accreditation program.--
                  ``(A) Establishment.--Not later than 270 days after 
                the date of enactment of this paragraph, the 
                Administrator shall establish standards for an 
                accreditation program for accrediting eligible entities 
                receiving a grant under this section, after notice and 
                the opportunity for public comment of no less than 60 
                days.
                  ``(B) Transition provision.--Before the date on which 
                standards are established under subparagraph (A), the 
                Administrator may not terminate a grant under this 
                section absent evidence of fraud or other criminal 
                misconduct by the recipient.
                  ``(C) Contracting authority.--The Administrator may 
                provide financial assistance, by contract or otherwise, 
                to a relevant national women's business center 
                representative association to provide assistance in 
                establishing the standards required under subparagraph 
                (A) or for carrying out an accreditation program 
                pursuant to such standards.''.

SEC. 203. WOMEN'S BUSINESS CENTER PROGRAM.

  (a) Definitions.--Section 29(a) of the Small Business Act (15 U.S.C. 
656(a)) is amended--
          (1) by striking paragraph (4);
          (2) by redesignating paragraphs (2) and (3) as paragraphs (3) 
        and (4), respectively;
          (3) by inserting after paragraph (1) the following:
          ``(2) the term `eligible entity' means--
                  ``(A) an organization described in section 501(c) of 
                the Internal Revenue Code of 1986 and exempt from 
                taxation under section 501(a) of such Code;
                  ``(B) a State, regional, or local economic 
                development organization, so long as the organization 
                certifies that grant funds received under this section 
                will not be co-mingled with other funds;
                  ``(C) an institution of higher education, unless such 
                institution is currently receiving a grant under 
                section 21;
                  ``(D) a development, credit, or finance corporation 
                chartered by a State, so long as the corporation 
                certifies that grant funds received under this section 
                will not be co-mingled with other funds; or
                  ``(E) any combination of entities listed in 
                subparagraphs (A) through (D);''; and
          (4) by adding at the end the following:
          ``(5) the term `women's business center' means the location 
        at which counseling and training on the management, operations 
        (including manufacturing, services, and retail), access to 
        capital, international trade, Government procurement 
        opportunities, and any other matter is needed to start, 
        maintain, or expand a small business concern owned and 
        controlled by women.''.
  (b) Authority.--Section 29(b) of the Small Business Act (15 U.S.C. 
656(b)) is amended--
          (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively, and adjusting 
        the margins accordingly;
          (2) by striking ``The Administration'' and all that follows 
        through ``5-year projects'' and inserting the following:
          ``(1) In general.--There is established a Women's Business 
        Center Program under which the Administrator may provide a 
        grant to any eligible entity to operate one or more women's 
        business centers'';
          (3) by striking ``The projects shall'' and inserting the 
        following:
          ``(2) Use of funds.--The women's business centers shall be 
        designed to provide counseling and training that meets the 
        needs of women, especially socially or economically 
        disadvantaged women, and shall''; and
          (4) by adding at the end the following:
          ``(3) Amount of grants.--
                  ``(A) In general.--The amount of a grant provided 
                under this subsection to an eligible entity per project 
                year shall be not more than $185,000 (as such amount is 
                annually adjusted by the Administrator to reflect the 
                change in inflation).
                  ``(B) Additional grants.--
                          ``(i) In general.--Notwithstanding 
                        subparagraph (A), with respect to an eligible 
                        entity that has received $185,000 in grants 
                        under this subsection in a project year, the 
                        Administrator may award an additional grant 
                        under this subsection of up to $65,000 during 
                        such project year if the Administrator 
                        determines that the eligible entity--
                                  ``(I) agrees to obtain, after its 
                                application has been approved and 
                                notice of award has been issued, cash 
                                contributions from non-Federal sources 
                                of 1 non-Federal dollar for each 
                                Federal dollar;
                                  ``(II) is in good standing with the 
                                Women's Business Center Program; and
                                  ``(III) has met performance goals for 
                                the previous project year, if 
                                applicable.
                          ``(ii) Limitations.--The Administrator may 
                        only award additional grants under clause (i)--
                                  ``(I) during the 3rd and 4th quarters 
                                of the fiscal year; and
                                  ``(II) from unobligated amounts made 
                                available to the Administrator to carry 
                                out this section.
          ``(4) Notice and comment required.--The Administrator may 
        only make a change to the standards by which an eligible entity 
        obtains or maintains grants under this section, the standards 
        for accreditation, or any other requirement for the operation 
        of a women's business center if the Administrator first 
        provides notice and the opportunity for public comment, as set 
        forth in section 553(b) of title 5, United States Code, without 
        regard to any exceptions provided for under such section.''.
  (c) Conditions of Participation.--Section 29(c) of the Small Business 
Act (15 U.S.C. 656(c)) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``the recipient organization'' and 
                inserting ``an eligible entity''; and
                  (B) by striking ``financial assistance'' and 
                inserting ``a grant'';
          (2) in paragraph (3)--
                  (A) by striking ``financial assistance authorized 
                pursuant to this section may be made by grant, 
                contract, or cooperative agreement and'' and inserting 
                ``grants authorized pursuant to this section''; and
                  (B) in the second sentence, by striking ``a recipient 
                organization'' and inserting ``an eligible entity'';
          (3) in paragraph (4)--
                  (A) by striking ``recipient of assistance'' and 
                inserting ``eligible entity'';
                  (B) by striking ``during any project, it shall not be 
                eligible thereafter'' and inserting ``during any 
                project for 2 consecutive years, the eligible entity 
                shall not be eligible at any time after that 2-year 
                period'';
                  (C) by striking ``such organization'' and inserting 
                ``the eligible entity''; and
                  (D) by striking ``the recipient'' and inserting ``the 
                eligible entity''; and
          (4) by adding at end the following:
          ``(5) Separation of project and funds.--An eligible entity 
        shall--
                  ``(A) carry out a project under this section 
                separately from other projects, if any, of the eligible 
                entity; and
                  ``(B) separately maintain and account for any grants 
                under this section.
          ``(6) Examination of eligible entities.--
                  ``(A) Required site visit.--Each applicant, prior to 
                receiving a grant under this section, shall have a site 
                visit by an employee of the Administration, in order to 
                ensure that the applicant has sufficient resources to 
                provide the services for which the grant is being 
                provided.
                  ``(B) Annual review.--An employee of the 
                Administration shall--
                          ``(i) conduct an annual review of the 
                        compliance of each eligible entity receiving a 
                        grant under this section with the grant 
                        agreement, including a financial examination; 
                        and
                          ``(ii) provide such review to the eligible 
                        entity as required under subsection (l).
          ``(7) Remediation of problems.--
                  ``(A) Plan of action.--If a review of an eligible 
                entity under paragraph (6)(B) identifies any problems, 
                the eligible entity shall, within 45 calendar days of 
                receiving such review, provide the Assistant 
                Administrator with a plan of action, including specific 
                milestones, for correcting such problems.
                  ``(B) Plan of action review by the assistant 
                administrator.--The Assistant Administrator shall 
                review each plan of action submitted under subparagraph 
                (A) within 30 calendar days of receiving such plan 
                and--
                          ``(i) if the Assistant Administrator 
                        determines that such plan will bring the 
                        eligible entity into compliance with all the 
                        terms of the grant agreement, approve such 
                        plan;
                          ``(ii) if the Assistant Administrator 
                        determines that such plan is inadequate to 
                        remedy the problems identified in the annual 
                        review to which the plan of action relates, the 
                        Assistant Administrator shall set forth such 
                        reasons in writing and provide such 
                        determination to the eligible entity within 15 
                        calendar days of such determination.
                  ``(C) Amendment to plan of action.--An eligible 
                entity receiving a determination under subparagraph 
                (B)(ii) shall have 30 calendar days from the receipt of 
                the determination to amend the plan of action to 
                satisfy the problems identified by the Assistant 
                Administrator and resubmit such plan to the Assistant 
                Administrator.
                  ``(D) Amended plan review by the assistant 
                administrator.--Within 15 calendar days of the receipt 
                of an amended plan of action under subparagraph (C), 
                the Assistant Administrator shall either approve or 
                reject such plan and provide such approval or rejection 
                in writing to the eligible entity.
                  ``(E) Appeal of assistant administrator 
                determination.--
                          ``(i) In general.--If the Assistant 
                        Administrator rejects an amended plan under 
                        subparagraph (D), the eligible entity shall 
                        have the opportunity to appeal such decision to 
                        the Administrator, who may delegate such appeal 
                        to an appropriate officer of the 
                        Administration.
                          ``(ii) Opportunity for explanation.--Any 
                        appeal described under clause (i) shall provide 
                        an opportunity for the eligible entity to 
                        provide, in writing, an explanation of why the 
                        eligible entity's plan remedies the problems 
                        identified in the annual review.
                          ``(iii) Notice of determination.--The 
                        determination of the appeal shall be provided 
                        to the eligible entity, in writing, within 15 
                        calendar days from the eligible entity's filing 
                        of the appeal.
                          ``(iv) Effect of failure to act.--If the 
                        Administrator fails to act on an appeal made 
                        under this subparagraph within the 15 calendar 
                        day period specified under clause (iii), the 
                        eligible entity's amended plan of action 
                        submitted under subparagraph (C) shall be 
                        deemed to be approved.
          ``(8) Termination of grant.--
                  ``(A) In general.--The Administrator shall issue 
                regulations (after providing an opportunity for notice 
                and comment) to provide that, if an eligible entity 
                fails to comply with a plan of action approved by the 
                Assistant Administrator under paragraph (7)(B)(i) or an 
                amended plan of action approved by the Assistant 
                Administrator under paragraph (7)(D) or approved on 
                appeal under paragraph (7)(E), the Assistant 
                Administrator shall terminate the grant provided to the 
                eligible entity under this section.
                  ``(B) Appeal of termination.--An eligible entity that 
                has a grant terminated under subparagraph (A) shall 
                have the opportunity to challenge the termination on 
                the record and after an opportunity for a hearing.
                  ``(C) Final agency action.--The determination made 
                pursuant to subparagraph (B) shall be considered final 
                agency action for the purposes of chapter 7, title 5, 
                United States Code.''.
  (d) Submission of 5-year Plan.--Section 29(e) of the Small Business 
Act (15 U.S.C. 656(e)) is amended--
          (1) by striking ``applicant organization'' and inserting 
        ``eligible entity'';
          (2) by striking ``a recipient organization'' and inserting 
        ``an eligible entity'';
          (3) by striking ``financial assistance'' and inserting 
        ``grants''; and
          (4) by striking ``site''.
  (e) Applications and Criteria for Initial Grant.--Subsection (f) of 
section 29 of the Small Business Act (15 U.S.C. 656) is amended to read 
as follows:
  ``(f) Applications and Criteria for Initial Grant.--
          ``(1) Application.--Each eligible entity desiring a grant 
        under subsection (b) shall submit to the Administrator an 
        application that contains--
                  ``(A) a certification that the eligible entity--
                          ``(i) has designated an executive director or 
                        program manager, who may be compensated using 
                        grant funds under subsection (b) or other 
                        sources, to manage the women's business center 
                        for which a grant under subsection (b) is 
                        sought;
                          ``(ii) meets the accounting and reporting 
                        requirements established by the Director of the 
                        Office of Management and Budget;
                  ``(B) information demonstrating that the eligible 
                entity has the ability and resources to meet the needs 
                of the market to be served by the women's business 
                center, including the ability to obtain the non-Federal 
                contribution required under subsection (c);
                  ``(C) information relating to the assistance to be 
                provided by the women's business center in the area in 
                which the women's business center is located;
                  ``(D) information demonstrating the experience and 
                effectiveness of the eligible entity in--
                          ``(i) conducting the services described under 
                        subsection (a)(5);
                          ``(ii) providing training and services to a 
                        representative number of women who are socially 
                        or economically disadvantaged; and
                          ``(iii) working with resource partners of the 
                        Administration and other entities, such as 
                        universities; and
                  ``(E) a 5-year plan that describes the ability of the 
                eligible entity to provide the services described under 
                subsection (a)(3), including to a representative number 
                of women who are socially or economically 
                disadvantaged.
          ``(2) Review and approval of applications for initial 
        grants.--
                  ``(A) Review and selection of eligible entities.--
                          ``(i) In general.--The Administrator shall 
                        review applications to determine whether the 
                        applicant can meet obligations to perform the 
                        activities required by a grant under this 
                        section, including--
                                  ``(I) the experience of the applicant 
                                in conducting activities required by 
                                this section;
                                  ``(II) the amount of time needed for 
                                the applicant to commence operations 
                                should it be awarded a grant;
                                  ``(III) the capacity of the applicant 
                                to meet the accreditation standards 
                                established by the Administrator in a 
                                timely manner;
                                  ``(IV) the ability of the applicant 
                                to sustain operations for more than 5 
                                years (including its ability to obtain 
                                sufficient non-Federal funds for that 
                                period);
                                  ``(V) the location of the women's 
                                business center and its proximity to 
                                other grant recipients under this 
                                section; and
                                  ``(VI) the population density of the 
                                area to be served by the women's 
                                business center.
                          ``(ii) Selection criteria.--
                                  ``(I) Rulemaking.--The Administrator 
                                shall issue regulations (after 
                                providing an opportunity for notice and 
                                comment) to specify the criteria for 
                                review and selection of applicants 
                                under this subsection.
                                  ``(II) Modifications prohibited after 
                                announcement.--With respect to a public 
                                announcement of any opportunity to be 
                                awarded a grant under this section made 
                                by the Administrator pursuant to 
                                subsection (l)(1), the Administrator 
                                may not modify regulations issued 
                                pursuant to subclause (I) with respect 
                                to such opportunity unless required to 
                                do so by an Act of Congress or an order 
                                of a Federal court.
                                  ``(III) Rule of construction.--
                                Nothing in this clause may be construed 
                                as prohibiting the Administrator from 
                                modifying the regulations issued 
                                pursuant to subclause (I) (after 
                                providing an opportunity for notice and 
                                comment) as such regulations apply to 
                                an opportunity to be awarded a grant 
                                under this section that the 
                                Administrator has not yet publicly 
                                announced pursuant to subsection 
                                (l)(1).
                  ``(B) Record retention.--
                          ``(i) In general.--The Administrator shall 
                        maintain a copy of each application submitted 
                        under this subsection for not less than 5 
                        years.
                          ``(ii) Paperwork reduction.--The 
                        Administrator shall take steps to reduce, to 
                        the maximum extent practicable, the paperwork 
                        burden associated with carrying out clause 
                        (i).''.
  (f) Notification Requirements Under the Women's Business Center 
Program.--Section 29 of the Small Business Act (15 U.S.C. 656) is 
amended by inserting after subsection (k) the following:
  ``(l) Notification Requirements Under the Women's Business Center 
Program.--The Administrator shall provide--
          ``(1) a public announcement of any opportunity to be awarded 
        grants under this section, and such announcement shall include 
        the standards by which such award will be made, including the 
        regulations issued pursuant to subsection (f)(2)(A)(ii);
          ``(2) the opportunity for any applicant for a grant under 
        this section that failed to obtain such a grant a debriefing 
        with the Assistant Administrator to review the reasons for the 
        applicant's failure; and
          ``(3) with respect to any site visit or evaluation of an 
        eligible entity receiving a grant under this section that is 
        carried out by an officer or employee of the Administration 
        (other than the Inspector General), a copy of the site visit 
        report or evaluation, as applicable, within 30 calendar days of 
        the completion of such vision or evaluation.''.
  (g) Continued Funding for Centers.--Section 29(m) of the Small 
Business Act (15 U.S.C. 656(m)) is amended--
          (1) by striking paragraph (3) and inserting the following:
          ``(3) Application and approval for continuation grants.--
                  ``(A) Solicitation of applications.--The 
                Administrator shall solicit applications and award 
                continuation grants under this subsection for the first 
                fiscal year beginning after the date of enactment of 
                this paragraph, and every third fiscal year thereafter.
                  ``(B) Contents of application.--Each eligible entity 
                desiring a grant under this subsection shall submit to 
                the Administrator an application that contains--
                          ``(i) a certification that the applicant--
                                  ``(I) is an eligible entity;
                                  ``(II) has designated an executive 
                                director or program manager to manage 
                                the women's business center operated by 
                                the applicant; and
                                  ``(III) as a condition of receiving a 
                                grant under this subsection, agrees--
                                          ``(aa) to receive a site 
                                        visit as part of the final 
                                        selection process, at the 
                                        discretion of the 
                                        Administrator; and
                                          ``(bb) to remedy any problem 
                                        identified pursuant to the site 
                                        visit under item (aa);
                          ``(ii) information demonstrating that the 
                        applicant has the ability and resources to meet 
                        the needs of the market to be served by the 
                        women's business center for which a grant under 
                        this subsection is sought, including the 
                        ability to obtain the non-Federal contribution 
                        required under paragraph (4)(C);
                          ``(iii) information relating to assistance to 
                        be provided by the women's business center in 
                        the geographic area served by the women's 
                        business center for which a grant under this 
                        subsection is sought;
                          ``(iv) information demonstrating that the 
                        applicant has worked with resource partners of 
                        the Administration and other entities;
                          ``(v) a 3-year plan that describes the 
                        services provided by the women's business 
                        center for which a grant under this subsection 
                        is sought--
                                  ``(I) to serve women who are business 
                                owners or potential business owners by 
                                conducting training and counseling 
                                activities; and
                                  ``(II) to provide training and 
                                services to a representative number of 
                                women who are socially or economically 
                                disadvantaged; and
                          ``(vi) any additional information that the 
                        Administrator may reasonably require.
                  ``(C) Review and approval of applications for 
                grants.--
                          ``(i) In general.--The Administrator--
                                  ``(I) 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
                                  ``(II) as part of the final selection 
                                process, may, at the discretion of the 
                                Administrator, conduct a site visit to 
                                each women's business center for which 
                                a grant under this subsection is 
                                sought, in particular to evaluate the 
                                women's business center using the 
                                selection criteria described in clause 
                                (ii)(II).
                          ``(ii) Selection criteria.--
                                  ``(I) In general.--The Administrator 
                                shall evaluate applicants for grants 
                                under this subsection in accordance 
                                with selection criteria that are--
                                          ``(aa) established before the 
                                        date on which applicants are 
                                        required to submit the 
                                        applications;
                                          ``(bb) stated in terms of 
                                        relative importance; and
                                          ``(cc) publicly available and 
                                        stated in each solicitation for 
                                        applications for grants under 
                                        this subsection made by the 
                                        Administrator.
                                  ``(II) Required criteria.--The 
                                selection criteria for a grant under 
                                this subsection shall include--
                                          ``(aa) the total number of 
                                        entrepreneurs served by the 
                                        applicant;
                                          ``(bb) the total number of 
                                        new startup companies assisted 
                                        by the applicant;
                                          ``(cc) the percentage of 
                                        clients of the applicant that 
                                        are socially or economically 
                                        disadvantaged;
                                          ``(dd) the percentage of 
                                        individuals in the community 
                                        served by the applicant who are 
                                        socially or economically 
                                        disadvantaged;
                                          ``(ee) the successful 
                                        accreditation of the applicant 
                                        under the accreditation program 
                                        developed under subsection 
                                        (g)(5); and
                                          ``(ff) any additional 
                                        criteria that the Administrator 
                                        may reasonably require.
                          ``(iii) Conditions for continued funding.--In 
                        determining whether to make a grant under this 
                        subsection, the Administrator--
                                  ``(I) shall consider the results of 
                                the most recent evaluation of the 
                                women's business center for which a 
                                grant under this subsection is sought, 
                                and, to a lesser extent, previous 
                                evaluations; and
                                  ``(II) may withhold a grant under 
                                this subsection, if the Administrator 
                                determines that the applicant has 
                                failed to provide the information 
                                required to be provided under this 
                                paragraph, or the information provided 
                                by the applicant is inadequate.
                  ``(D) Notification.--Not later than 60 calendar days 
                after the date of each deadline to submit applications 
                under this paragraph, the Administrator shall approve 
                or deny each submitted application and notify the 
                applicant for each such application of the approval or 
                denial.
                  ``(E) Record retention.--
                          ``(i) In general.--The Administrator shall 
                        maintain a copy of each application submitted 
                        under this paragraph for not less than 5 years.
                          ``(ii) Paperwork reduction.--The 
                        Administrator shall take steps to reduce, to 
                        the maximum extent practicable, the paperwork 
                        burden associated with carrying out clause 
                        (i).''; and
          (2) by striking paragraph (5) and inserting the following:
          ``(5) Award to previous recipients.--There shall be no 
        limitation on the number of times the Administrator may award a 
        grant to an applicant under this subsection.''.
  (h) Technical and Conforming Amendments.--Section 29 of the Small 
Business Act (15 U.S.C. 656) is amended--
          (1) in subsection (h)(2), by striking ``to award a contract 
        (as a sustainability grant) under subsection (l) or'';
          (2) in subsection (j)(1), by striking ``The Administration'' 
        and inserting ``Not later than November 1 of each year, the 
        Administrator'';
          (3) in subsection (k)--
                  (A) by striking paragraphs (1) and (4);
                  (B) by inserting before paragraph (2) the following:
          ``(1) In general.--There are authorized to be appropriated to 
        the Administration to carry out this section, to remain 
        available until expended, $21,750,000 for each of fiscal years 
        2017 through 2020.''; and
                  (D) in paragraph (2), by striking subparagraph (B) 
                and inserting the following:
                  ``(B) Exceptions.--Of the amount made available under 
                this subsection for a fiscal year, the following 
                amounts shall be available for selection panel costs, 
                costs associated with maintaining an accreditation 
                program, and post-award conference costs:
                          ``(i) For the first fiscal year beginning 
                        after the date of the enactment of this 
                        subparagraph, 2.65 percent.
                          ``(ii) For the second fiscal year beginning 
                        after the date of the enactment of this 
                        subparagraph and each fiscal year thereafter 
                        through fiscal year 2020, 2.5 percent.''; and
          (4) in subsection (m)--
                  (A) in paragraph (2), by striking ``subsection (b) or 
                (l)'' and inserting ``this subsection or subsection 
                (b)''; and
                  (B) in paragraph (4)(D), by striking ``or subsection 
                (l)''.
  (i) Effect on Existing Grants.--
          (1) Terms and conditions.--A nonprofit organization receiving 
        a grant under section 29(m) of the Small Business Act (15 
        U.S.C. 656(m)), as in effect on the day before the date of 
        enactment of this Act, shall continue to receive the grant 
        under the terms and conditions in effect for the grant on the 
        day before the date of enactment of this Act, except that the 
        nonprofit organization may not apply for a continuation 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.
          (2) Length of continuation grant.--The Administrator of the 
        Small Business Administration may award a grant under section 
        29(m) of the Small Business Act 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--
                  (A) beginning on the day after the last day of the 
                grant agreement under such section 29(m); and
                  (B) ending at the end of the third fiscal year 
                beginning after the date of enactment of this Act.

SEC. 204. MATCHING REQUIREMENTS UNDER WOMEN'S BUSINESS CENTER PROGRAM.

  (a) In General.--Section 29(c) of the Small Business Act (15 U.S.C. 
656(c)), as amended by section 204 of this Act, is amended--
          (1) in paragraph (1), by striking ``As a condition'' and 
        inserting ``Subject to paragraph (6), as a condition''; and
          (2) by adding at the end the following:
          ``(9) Waiver of non-federal share.--
                  ``(A) In general.--Upon request by an eligible 
                entity, and in accordance with this paragraph, the 
                Administrator may waive, in whole or in part, the 
                requirement to obtain non-Federal funds under this 
                subsection for counseling and training activities of 
                the eligible entity carried out using a grant under 
                this section for a fiscal year. The Administrator may 
                not waive the requirement for an eligible entity to 
                obtain non-Federal funds under this paragraph for more 
                than a total of 2 consecutive fiscal years.
                  ``(B) Considerations.--In determining whether to 
                waive the requirement to obtain non-Federal funds under 
                this paragraph, the Administrator shall consider--
                          ``(i) the economic conditions affecting the 
                        eligible entity;
                          ``(ii) the impact a waiver under this 
                        paragraph would have on the credibility of the 
                        Women's Business Center Program under this 
                        section;
                          ``(iii) the demonstrated ability of the 
                        eligible entity to raise non-Federal funds; and
                          ``(iv) the performance of the eligible 
                        entity.
                  ``(C) Limitation.--The Administrator may not waive 
                the requirement to obtain non-Federal funds under this 
                paragraph if granting the waiver would undermine the 
                credibility of the Women's Business Center Program.
          ``(10) Solicitation.--Notwithstanding any other provision of 
        law, eligible entity may--
                  ``(A) solicit cash and in-kind contributions from 
                private individuals and entities to be used to carry 
                out the activities of the eligible entity under the 
                project conducted under this section; and
                  ``(B) use amounts made available by the Administrator 
                under this section for the cost of such solicitation 
                and management of the contributions received.
          ``(11) Excess non-federal dollars.--The amount of non-Federal 
        dollars obtained by an eligible entity that is above the amount 
        that is required to be obtained by the eligible entity under 
        this subsection shall not be subject to the requirements of 
        part 200 of title 2, Code of Federal Regulations, or any 
        successor thereto, if such amount of non-Federal dollars--
                  ``(A) is not used as matching funds for purposes of 
                implementing the Women's Business Center Program; and
                  ``(B) was not obtained using funds from the Women's 
                Business Center Program.''.
  (b) Regulations.--
          (1) In general.--The Administrator of Small Business 
        Administration shall--
                  (A) except as provided in paragraph (2), and not 
                later than 270 days after the date of enactment of this 
                Act, publish in the Federal Register proposed 
                regulations by the Administrator to carry out the 
                amendments made to section 29 of the Small Business Act 
                (15 U.S.C. 656) by this title; and
                  (B) accept public comments on such proposed 
                regulations for not less than 60 days.
          (2) Existing proposed regulations.--Paragraph (1)(A) shall 
        not apply to the extent proposed regulations by the 
        Administrator have been published on the date of enactment of 
        this Act that are sufficient to carry out the amendments made 
        to section 29 of the Small Business Act (15 U.S.C. 656) by this 
        title.

                TITLE III--SCORE PROGRAM REAUTHORIZATION

SEC. 301. SHORT TITLE.

  This title may be cited as the ``SCORE for Small Business Act of 
2016''.

SEC. 302. SCORE REAUTHORIZATION.

  Section 20 of the Small Business Act (15 U.S.C. 631 note) is 
amended--
          (1) by redesignating subsection (j) as subsection (f); and
          (2) by adding at the end the following:
  ``(g) SCORE Program.--There are authorized to be appropriated to the 
Administrator to carry out the SCORE program authorized by section 
8(b)(1) such sums as are necessary for the Administrator to make grants 
or enter into cooperative agreements in a total amount that does not 
exceed $10,500,000 in each of fiscal years 2017 and 2018.''.

SEC. 303. SCORE PROGRAM.

  Section 8 of the Small Business Act (15 U.S.C. 637) is amended--
          (1) in subsection (b)(1)(B), by striking ``a Service Corps of 
        Retired Executives (SCORE)'' and inserting ``the SCORE program 
        described in subsection (c)''; and
          (2) by striking subsection (c) and inserting the following:
  ``(c) SCORE Program.--
          ``(1) Definition.--In this subsection:
                  ``(A) SCORE association.--The term `SCORE 
                Association' means the Service Corps of Retired 
                Executives Association or any successor or other 
                organization who receives a grant from the 
                Administrator to operate the SCORE program under 
                paragraph (2)(A).
                  ``(B) SCORE program.--The term `SCORE program' means 
                the SCORE program authorized by subsection (b)(1)(B).
          ``(2) Management and volunteers.--
                  ``(A) In general.--The Administrator shall provide a 
                grant to the SCORE Association to manage the SCORE 
                program.
                  ``(B) Volunteers.--A volunteer participating in the 
                SCORE program shall--
                          ``(i) based on the business experience and 
                        knowledge of the volunteer--
                                  ``(I) provide at no cost to 
                                individuals who own, or aspire to own, 
                                small business concerns personal 
                                counseling, mentoring, and coaching 
                                relating to the process of starting, 
                                expanding, managing, buying, and 
                                selling a business; and
                                  ``(II) facilitate low-cost education 
                                workshops for individuals who own, or 
                                aspire to own, small business concerns; 
                                and
                          ``(ii) as appropriate, use tools, resources, 
                        and expertise of other organizations to carry 
                        out the SCORE program.
          ``(3) Plans and goals.--The Administrator, in consultation 
        with the SCORE Association, shall ensure that the SCORE program 
        and each chapter of the SCORE program develop and implement 
        plans and goals to more effectively and efficiently provide 
        services to individuals in rural areas, economically 
        disadvantaged communities, and other traditionally underserved 
        communities, including plans for electronic initiatives, web-
        based initiatives, chapter expansion, partnerships, and the 
        development of new skills by volunteers participating in the 
        SCORE program.
          ``(4) Annual report.--The SCORE Association shall submit to 
        the Administrator an annual report that contains--
                  ``(A) the number of individuals counseled or trained 
                under the SCORE program;
                  ``(B) the number of hours of counseling provided 
                under the SCORE program; and
                  ``(C) to the extent possible--
                          ``(i) the number of small business concerns 
                        formed with assistance from the SCORE program;
                          ``(ii) the number of small business concerns 
                        expanded with assistance from the SCORE 
                        program; and
                          ``(iii) the number of jobs created with 
                        assistance from the SCORE program.
          ``(5) Privacy requirements.--
                  ``(A) In general.--Neither the Administrator nor the 
                SCORE Association may disclose the name, address, or 
                telephone number of any individual or small business 
                concern receiving assistance from the SCORE Association 
                without the consent of such individual or small 
                business concern, unless--
                          ``(i) the Administrator is ordered to make 
                        such a disclosure by a court in any civil or 
                        criminal enforcement action initiated by a 
                        Federal or State agency; or
                          ``(ii) the Administrator determines such a 
                        disclosure to be necessary for the purpose of 
                        conducting a financial audit of the SCORE 
                        program, in which case disclosure shall be 
                        limited to the information necessary for the 
                        audit.
                  ``(B) Administrator use of information.--This 
                paragraph shall not--
                          ``(i) restrict the access of the 
                        Administrator to program activity data; or
                          ``(ii) prevent the Administrator from using 
                        client information to conduct client surveys.
                  ``(C) Regulations.--
                          ``(i) In general.--The Administrator shall 
                        issue regulations to establish standards for--
                                  ``(I) disclosures with respect to 
                                financial audits under subparagraph 
                                (A)(ii); and
                                  ``(II) conducting client surveys, 
                                including standards for oversight of 
                                the surveys and for dissemination and 
                                use of client information.
                          ``(ii) Maximum privacy protection.--The 
                        regulations issued under this subparagraph 
                        shall, to the extent practicable, provide for 
                        the maximum amount of privacy protection.''.

SEC. 304. ONLINE COMPONENT.

  (a) In General.--Section 8(c) of the Small Business Act, as added by 
section 303, is further amended by adding at the end the following:
          ``(6) Online component.--In carrying out this subsection, the 
        SCORE Association shall make use of online counseling, 
        including by developing and implementing webinars and an 
        electronic mentoring platform to expand access to services 
        provided under this subsection and to further support 
        entrepreneurs.''.
  (b) Online Component Report.--
          (1) In general.--At the end of fiscal year 2018, the SCORE 
        Association shall issue a report to the Committee on Small 
        Business of the House of Representatives and the Committee on 
        Small Business and Entrepreneurship of the Senate on the 
        effectiveness of the online counseling and webinars required as 
        part of the SCORE program, including--
                  (A) how the SCORE Association determines electronic 
                mentoring and webinar needs, develops training for 
                electronic mentoring, establishes webinar criteria 
                curricula, and evaluates webinar and electronic 
                mentoring results;
                  (B) describing the internal controls that are used 
                and a summary of the topics covered by the webinars; 
                and
                  (C) performance metrics, including the number of 
                small business concerns counseled by, the number of 
                small business concerns created by, the number of jobs 
                created and retained by, and the funding amounts 
                directed towards such online counseling and webinars.
          (2) Definitions.--For purposes of this subsection, the terms 
        ``SCORE Association'' and ``SCORE program'' have the meaning 
        given those terms, respectively, under section 8(c)(1) of the 
        Small Business Act (15 U.S.C. 637(c)(1)).

SEC. 305. STUDY AND REPORT ON THE FUTURE ROLE OF THE SCORE PROGRAM.

  (a) Study.--The SCORE Association shall carry out a study on the 
future role of the SCORE program and develop a strategic plan for how 
the SCORE program will evolve to meet the needs of America's 
entrepreneurs over the course of the next 5 years, with markers and 
specific objectives for year 1, year 3, and year 5.
  (b) Report.--Not later than the end of the 6-month period beginning 
on the date of the enactment of this Act, the SCORE Association shall 
issue a report to the Committee on Small Business of the House of 
Representatives and the Committee on Small Business and 
Entrepreneurship of the Senate containing--
          (1) all findings and determination made in carrying out the 
        study required under subsection (a);
          (2) the strategic plan developed under subsection (a);
          (3) an explanation of how the SCORE Association plans to 
        achieve the strategic plan, assuming both stagnant and 
        increased funding levels.
  (c) Definitions.--For purposes of this section, the terms ``SCORE 
Association'' and ``SCORE program'' have the meaning given those terms, 
respectively, under section 8(c)(1) of the Small Business Act (15 
U.S.C. 637(c)(1)).

SEC. 306. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et 
seq.) is amended--
          (1) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 
        636(m)(3)(A)(i)(VIII)), by striking ``Service Corps of Retired 
        Executives'' and inserting ``SCORE program''; and
          (2) in section 22 (15 U.S.C. 649)--
                  (A) in subsection (b)--
                          (i) in paragraph (1), by striking ``Service 
                        Corps of Retired Executives'' and inserting 
                        ``SCORE program''; and
                          (ii) in paragraph (3), by striking ``Service 
                        Corps of Retired Executives'' and inserting 
                        ``SCORE program''; and
                  (B) in subsection (c)(12), by striking ``Service 
                Corps of Retired Executives'' and inserting ``SCORE 
                program''.
  (b) Other Laws.--
          (1) Section 621 of the Children's Health Insurance Program 
        Reauthorization Act of 2009 (15 U.S.C. 657p) is amended--
                  (A) in subsection (a), by striking paragraph (4) and 
                inserting the following:
          ``(4) the term `SCORE program' means the SCORE program 
        authorized by section 8(b)(1)(B) of the Small Business Act (15 
        U.S.C. 637(b)(1)(B));''; and
                  (B) in subsection (b)(4)(A)(iv), by striking 
                ``Service Corps of Retired Executives'' and inserting 
                ``SCORE program''.
          (2) Section 337(d)(2)(A) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by 
        striking ``Service Corps of Retired Executives (SCORE)'' and 
        inserting ``SCORE program''.

    Amend the title so as to read:
    A bill to make improvements to Small Business Development 
Centers, to reauthorize the Women's Business Center Program, to 
reauthorize the SCORE Program, and for other purposes.

                      II. Purpose and Bill Summary

    The purpose of H.R. 207, the ``Developing the Next 
Generation of Small Businesses Act of 2016'' is to amend the 
Small Business Act (the Act)\1\ to improve the entrepreneurial 
development assistance provided to small businesses and 
entrepreneurs by the Small Business Administration (SBA) and 
its resource partners. Specifically, it provides improvements 
to the Small Business Development Center (SBDC) program, 
Women's Business Center (WBC) program, and SCORE program. Small 
businesses\2\ employ 56.8 million employees, or nearly half of 
the nation's private sector workforce,\3\ are responsible for 
63 percent of net new private sector jobs, and produce 46 
percent of private sector GDP.\4\ In fact, nearly 90 percent of 
United States employers have less than 20 employees.\5\ In 
2013, 1.1 million net new jobs were created by small 
businesses.\6\ New and young firms are particularly important 
as they account for almost all net new job creation and nearly 
20 percent of gross job creation.\7\ In fact, over the past 30 
years, firms that are less than one-year old have annually 
generated an average of 1.5 million jobs.\8\ Thus, ensuring 
that programs intended to foster new and emerging small 
businesses operate properly should benefit the overall economy.
---------------------------------------------------------------------------
    \1\Originally, title II of the Act of July 30, 1953, c. 282, 67 
Stat. 232 was designated as the Small Business Act of 1953. A plethora 
of amendments in subsequent Congresses led to a rewrite in 1958. Pub. 
L. No. 85-536, Sec. 1, 72 Stat. 384 (1958). The Act is codified at 15 
U.S.C. Sec. Sec. 631-657s.
    \2\The Act uses the term ``small business concern.'' However, this 
report will use the terms ``small business'' and ``small business 
concern'' interchangeably unless the context requires a specific 
reference to the term ``small business concern.'' The United States 
Small Business Administration (SBA) Office of Advocacy defines small 
businesses as those with 500 employees or less. SBA, Office of 
Advocacy, Frequently Asked Questions 1 (2014) [hereinafter Small 
Business FAQ], available at https://www.sba.gov/sites/default/files/
advocacy/FAQ_March_2014_0.pdf.
    \3\SBA, Office of Advocacy, Small Business Profile: United States 
1, 3 (2016) [hereinafter United States 2016 Profile], available at 
https://www.sba.gov/sites/default/files/advocacy/United_States.pdf. 
There are 28.8 million small businesses in the United States. Of that 
total, 5.8 million are employers, and 23 million are non-employers. Id. 
Non-employers are businesses that have no paid employees, $1,000 or 
more in annual receipts, and pay federal income taxes. https://
www.census.gov/epcd/nonemployer/view/define.html. Non-employers are 
found in almost every major industry sector and include a variety of 
small businesses such as manufacturers, construction firms, specialty 
trade contractors, real estate agents, physicians, retailers, and home-
based businesses.
    \4\Small Business FAQ, supra note 7, at 1.
    \5\Of the total number of employers in the United States, 89.49 
percent have less than 20 employees. This figure was calculated by 
using the firm data in the United States Census Bureau's 2013 
Statistics on U.S. Businesses. https://www.census.gov/econ/susb/.
    \6\United States 2016 Profile, supra note 8, at 1.
    \7\Ewing Marion Kauffman Foundation, Entrepreneurship Policy 
Digest: The Importance of Young Firms for Economic Growth 1 (2015), 
available at http://www.kauffman.org/what-we-do/resources/
entrepreneurship-policy-digest/the-importance-of-young-firms-for-
economic-growth.
    \8\Id.
---------------------------------------------------------------------------

                        III. Need for Legislation

    H.R. 207, then titled as the ``Small Business Development 
Centers Improvement Act of 2015'' by Ranking Member Nydia 
Velazquez on January 8, 2015, and is substantially similar to 
H.R. 4121 which was introduced and passed out of Committee 
during the 113th Congress. This Chairman Chabot's amendment in 
the nature of a substitute (ANS) includes further reforms on 
three of the SBA's statutorily authorized entrepreneurial 
development (ED) programs to promote oversight of SBA, direct 
appropriated dollars, and ensure that the ED programs aid 
entrepreneurs as envisioned by Congress rather than based on 
the whims of the Administration.
    The United States has consistently recognized the need to 
encourage entrepreneurship as a means to combat unemployment 
and promote economic development. Therefore, SBA's mission, as 
evinced in the Act is to ``aid, counsel, assist, and protect, 
insofar as is possible, the interests of small business 
concerns.''\9\ In carrying out its mission to provide small 
businesses with assistance, SBA oversees a number of programs 
that offer counseling to potential entrepreneurs and extant 
small business owners. SBA itself does not generally carry out 
this training; in most circumstances, the agency enters into a 
cooperative agreement with another organization to offer such 
services. The cooperators are termed resource partners\10\ by 
SBA and are required to obtain a significant portion of their 
operating budgets from non-federal sources (be they private 
donors or state funds).
---------------------------------------------------------------------------
    \9\15 U.S.C. Sec. 631(a).
    \10\In this case, resource partners refer to the non-federal 
partners that provide training authorized by the Small Business Act and 
funded, in part, by federal appropriations. These include SBDCs, WBCs, 
VBOCs, and SCORE.
---------------------------------------------------------------------------
    The largest such program is the SBDC program, set out in 
Sec. 21 of the Act.\11\ The SBDC grantees operate service 
centers where small business owners and potential entrepreneurs 
can receive free counseling.\12\ Typically, the grantee is an 
institution of higher education (but not always) and the 
grantee agrees to offer these services throughout a state or 
through a portion of the state.\13\ Although their missions and 
scope of service territories vary, the WBCs\14\ and Veteran 
Business Outreach Centers (VBOCs) operate in a fashion akin to 
that of the SBDCs.
---------------------------------------------------------------------------
    \11\15 U.S.C. Sec. 648.
    \12\SBDCs are responsible for providing an array of services which 
are delineated in the Act. These include one-on-one counseling; aiding 
individuals awareness of credit practices and requirements; assisting 
in developing business plans, financial packages, credit applications, 
and contract proposals; as well as working with SBA to develop and 
provide information tools on starting or expanding a business or export 
planning. Id. at Sec. 648(c)(3).
    \13\The grantee agrees to provide services throughout a state; two 
states--California and Texas--do not have statewide grantees.
    \14\With respect to WBCs, it is important to note that at least 25 
percent of their clients are men, according to testimony offered by the 
WBCs in hearings before this Committee.
---------------------------------------------------------------------------
    The other major entrepreneurial outreach program, SCORE, 
operates somewhat differently. Although SCORE also offers free 
advice (from volunteer active and retired business executives), 
almost all of SCORE's funds are appropriated by Congress. The 
SBA also is required to provide offices and other ancillary 
services to SCORE at no charge to SCORE or their clients.
    Despite this array of specifically authorized statutory ED 
programs,\15\ SBA has felt the need to create and request funds 
for new entrepreneurial training initiatives. In the FY 17 
SBA's recent budget request, while the overall agency request 
for specifically authorized ED programs is reduced by 
$500,000,\16\ SBA requested an increase of $10 million from 
what was appropriated in FY 2016 or SBA-created 
initiatives.\17\ Thus, SBA continues to neglect the statutory 
ED programs in favor of its initiatives.
---------------------------------------------------------------------------
    \15\In addition to those already described, there are a number of 
other initiatives that are specifically recognized in statute by which 
the SBA educates small business owners. Under the Microloan Program 
(Sec. 7(m) of the Small Business Act), microloan intermediaries are 
appropriated funds to offer their borrowers education on operating a 
business. The agency also is authorized to contract with third parties 
to offer assistance to participants in the 8(a) government contracting 
program the authority for which is found not in Sec. 8(a) but in 
Sec. 7(j).
    \16\SBA, FY 2017 Congressional Budget Justification and FY 15 
Annual Performance Report 14 (2016), available at https://www.sba.gov/
sites/default/files/FY17-CBJ_FY15-APR.pdf.
    \17\Id. at 19.
---------------------------------------------------------------------------
    In response to this ever-burgeoning effort at the agency to 
create its own entrepreneurial outreach efforts, the Committee 
requested a complete list of all efforts initiated by the SBA 
to provide entrepreneurial training or outreach to small 
businesses.\18\ SBA's response included twenty-two various 
programs, with seventeen deemed by SBA as initiatives or 
partnerships and being created by the SBA without specific 
direction by Congress to develop any one of those nine 
initiatives.\19\ Of those programs, the SBA has focused most of 
its efforts and funding requests on four of its initiatives: 
Entrepreneurial Education; Growth Accelerators; Boots to 
Business; and Regional Innovation Clusters.\20\
---------------------------------------------------------------------------
    \18\Letter from the Hon. Sam Graves, Chairman, Committee on Small 
Business, to the Hon. Karen Mills, Administrator, SBA (Aug. 7, 2013) 
(on file with Committee).
    \19\Letter from the Hon. Karen Mills, Administrator, SBA, to the 
Hon. Sam Graves, Chairman, Committee on Small Business (Aug. 30, 2013) 
(on file with Committee).
    \20\Letter from Marianne Markowitz, Acting Administrator, SBA to 
the Hon. Sam Graves, Chairman, Committee on Small Business (Mar. 11, 
2014) (on file with the Committee) [hereinafter SBA-created Initiatives 
Response Letter]. The letter from Acting Administrator Markowitz was in 
response to a joint request for more information on these programs sent 
by Chairman Graves and Ranking Member Velazquez.
---------------------------------------------------------------------------
    Consequently, while H.R. 207 does not prohibit new 
initiatives, it does refocus and strengthen statutory programs 
of the Act. Title I of H.R. 207 modernizes the SBDCs while 
increasing SBA's compliance with data collection. Title II 
reauthorizes the WBC program through FY 20 while making 
substantial reforms to enhance training to entrepreneurs and 
provide an accreditation process to ensure that no matter which 
WBC an entrepreneur goes to across the country each WBC will 
meet certain standards. Finally, title III of the bill 
reauthorizes the SCORE program until FY 18 while requiring that 
the SCORE program utilize its funding for online components and 
demonstrate a strategic plan for increased funding levels in 
the future.

                              IV. Hearings

    In the 114th Congress, the Committee held four hearing that 
looked at the issues covered by H.R. 207. On February 25, 2015, 
the full Committee held a hearing titled ``The SBA Budget for 
FY 2016: Does it Meet the Needs of America's Small 
Businesses?'' that examined funding levels for the ED programs. 
Additionally, on February 2, 2016, the Subcommittee on Economic 
Growth, Tax and Capital Access held a hearing called ``SBA 
Management Review: Oversight of SBA's Entrepreneurial 
Development Offices'' that focused on key problems with the ED 
programs.

                       V. Committee Consideration

    The Committee on Small Business met in open session, with a 
quorum being present, on March 23, 2016 and ordered H.R. 207 
reported, as amended, to the House by a voice vote at 10:13 am. 
During the markup, two amendments were offered, including an 
amendment in the nature of a substitute. All amendments were 
adopted. Disposition of the amendments is addressed below and 
is based on the order amendments were filed with the Clerk of 
the Committee and not necessarily in the order that they were 
considered at the markup.
    The amendment in the nature of a substitute officer by 
Chairman Chabot (R-OH) was adopted by unanimous consent at 
10:09 a.m. It added titles II and III to the bill, and made 
other technical corrections.
    Amendment Number One was offered by Ms. Chu (D-CA). It 
amended section 203(e) of the bill to add a requirement that 
SBA consider population density as a factor when considering 
applications from new WBCs. The amendment passed by voice vote 
at 10:13 a.m.

                          VI. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report the legislation and amendments 
thereto. There were no recorded votes on H.R. 207.

        VII. Section-by-Section Analysis of H.R. 207 as Amended

        TITLE I: SMALL BUSINESS DEVELOPMENT CENTERS IMPROVEMENTS

Section 101. Short title

    This section provides that the bill may be cited as the 
``Small Business Development Centers Improvement Act of 2016.''

Section 102. Use of authorized entrepreneurial development programs

    This section amends the Small Business Act (15 U.S.C. 
Sec. Sec. 631-57s) by creating a new section 48 of the Act.
            Subsection (a)--Expanded support for entrepreneurs
    Currently, the Administrator is creating and separately 
funding initiatives developed by the agency. Subsection (a) 
changes this practice to prohibit the Administrator from 
utilizing unauthorized programs to deliver entrepreneurial 
development (ED) services, and provides that Small Business 
Administration (SBA)-created initiatives must be delivered 
through those authorized programs specifically cross-referenced 
in this subsection. As resource partners are the only entities 
with specific statutory authority to deliver ED support through 
the SBA, this promotes operational efficiencies, benefitting 
both small businesses and the taxpayer. Further, given the 
abundance of ED programs across federal agencies as identified 
by Government Accountability Office duplication reports, the 
statutory restriction in new Sec. 48 will help reduce 
overlapping and duplicative efforts without harming the ability 
of small businesses to obtain the necessary counseling and 
training they require. The only exception to this overall 
prohibition, in subsection (a)(2)(A), relates to assistance 
offered to small business concerns owned by an Indian tribe.
            Subsection (b)--Annual report
    Given that SBA-led initiatives are created under the SBA's 
general authority to offer assistance to small businesses, 
these programs do not contain the appropriate performance 
metrics or operating standards that would result had Congress 
specifically provided for their establishment. This subsection 
makes an effort to fill that gap in part by requiring the SBA 
to issue a report to Congress delineating all ED activities 
during the current fiscal year. This subsection proscribes 
items which must be included within the report including: a 
description and operating details for each program and 
activity; operating circulars, manuals, and standard operating 
procedures for each program and activity; a list of all 
awardees, contractors, and vendors (including organization name 
and location) and the amounts of awards for the current fiscal 
year for each program and activity; the amount of funding 
obligated for the current fiscal year for each program and 
activity; and the names and titles for those individuals 
responsible for each program and activity. The data required in 
the report will help ensure that the Committees of jurisdiction 
have the necessary information to ascertain whether taxpayer 
dollars are being spent wisely.

Section 103. Marketing of services

    The Act is currently silent on the question of whether 
SBDCs can market and advertise their products and services. 
This section amends Sec. 21 of the Act by adding a new 
subsection (o), which ensures the SBDCs are able to market and 
advertise their products and services. Greater awareness of the 
services available through the SBDCs will allow more small 
businesses to receive entrepreneurial assistance without 
imposing any more financial burdens on SBDCs, the SBA, or the 
taxpayer.

Section 104. Data collection

    In order for the SBA to provide Congress with information 
to properly evaluate ED programs, SBA has been for the past few 
years engaged in updating its Entrepreneurial Development 
Management Information System (EDMIS) to gather better 
performance data. During this process, there have been several 
setbacks including a failed $1 million upgrade to the EDMIS 
system in FY 2015, as well as concerns that some of the 
required information in a revised EDMIS form would force SBDCs 
to capture and report data that small businesses are reluctant 
to share. In cases where this information is of little value to 
the government, these requirements place an unnecessary burden 
on the SBDCs and will dissuade small businesses from seeking 
SBDC assistance.
    To correct this problem, this section amends 
Sec. 21(a)(3)(A) of the Act to require the Administrator to 
consult with the Association of Small Business Development 
Centers on the creation of documents governing data collection 
activities related to SBDCs. Section 21 is further amended by 
adding a new subsection (p) which requires the Administrator to 
provide an annual report on data collection activities related 
to the SBDC program to the appropriate Congressional 
committees. Further, this section establishes a working group 
on data collection consisting both of members of the SBA as 
well as representatives from each of the affected resource 
partners to develop a plan for data collection and submit this 
plan to the Senate Committee on Small Business and 
Entrepreneurship and the House Committee on Small Business 
within 180 days.

Section 105. Fees from private partnerships and cosponsorships

    In order to obtain funding, SBDC grantees must match funds 
provided by the federal government with non-federal sources, 
such as private donations or state funds. Therefore, SBDCs 
often work alongside other community partners, such as a local 
chamber of commerce, to host events as a partnership or a co-
sponsor. In these instances, a participation fee may be charged 
to businesses by the partnership or cosponsoring party. 
However, under current law SBDCs are not allowed to collect the 
necessary fee. Therefore, this section amends Sec. 21(a)(3)(C) 
of the Act to permit SBDCs to collect fees or other income 
related to the operation of partnerships or cosponsorships. 
This authorization does not alter the no-cost counseling 
provided by SBDCs to individual small businesses.

Section 106. Equity for SBDCs

    Under current law, up to $500,000 of authorized funding to 
SBDCs could be utilized by the Administrator to pay $500,000 to 
the ASBDC for the performance of accreditation services and an 
additional $500,000 of authorized funding to SBDCs could be 
utilized by the Administrator for financial examination 
expenses associated with reviewing SBDCs. This section 
eliminates the award of $500,000 of SBDC grant monies to 
reimburse the SBA for program administration while raising the 
amount of funding to $600,000 to be provided to the ASBDC for 
accreditation. This promotes ongoing accreditation which is 
necessary to ensure strong SBDCs across the country, while 
promoting responsible spending as the SBA has sufficient 
resources in its salaries and expense account to cover the cost 
of administering the SBDC program.

Section 107. Confidentiality requirements

    The SBA's current operational guidelines for the SBDC 
program require that SBDCs collect certain information on the 
businesses they counsel. This information is the basis for some 
of the performance metrics the agency uses to determine the 
effectiveness of the SBDCs in fulfilling their mission. Some of 
the information collected for this purpose, while relevant and 
necessary for the SBA and SBDCs, is sensitive information that 
small businesses wish to have treated as confidential. The 
Committee has become aware of instances in which the SBA is 
sharing this information with third parties. This sensitive 
information--such as the name of business--is not necessary to 
develop performance metrics. However, its forced disclosure 
could dissuade businesses from seeking assistance through the 
SBDCs, thereby undermining the intent of Congress when it 
created the SBDCs. Therefore, this section amends 
Sec. 21(a)(7)(A) of the Act to prohibit the SBA from 
distributing and sharing SBDC client information with other 
parties. This reinforces the Committee's longstanding efforts 
to ensure the confidentiality of information that small 
businesses provide to SBDCs.

Section 108. Limitation on award of grants to SBDCs

    A majority of SBDC grantees are partnered with higher 
education institutions which bolster SBDCs ability to obtain 
private matching funding as required under law. This section 
adds a new subsection (q) to Sec. 21 of the Act by prohibiting 
entities other than institutions of higher education from 
becoming grantees under Sec. 21.
    An exception is provided for current SBDC grantees who are 
not institutions of higher education. These institutions may 
continue to renew their status as a grantee until they no 
longer wish to do so or the SBA determines that these 
grandfathered grantees are incapable of providing such 
services. Further, a rule of construction is added to make it 
clear that while Women's Business Centers may not be a lead 
center under the SBDC program, they are allowed to receive 
funds from lead centers and to act as subgrantees.

            TITLE II: WOMEN'S BUSINESS CENTERS IMPROVEMENTS

Section 201. Short title

    This section provides that the bill may be cited as the 
``Women's Business Center Improvements Act of 2016.''

Section 202. Office of Women's Business Ownership

    This section amends Section 29(g) of the Small Business Act 
to improve the Office of Women's Business Ownership (OWBO), 
which is responsible for overseeing the Women's Business Center 
(WBC) program, among other things. OWBO is overseen by an 
Assistant Administrator and this section provides a mission for 
OWBO to assist women entrepreneurs while clarifying the 
responsibilities and duties of the individual serving as 
Assistant Administrator to ensure that mission is met. 
Specifically, this section directs the Office to work with 
Administration officials and collaborate with entities other 
than the Administration to ensure that the work of the Women's 
Business Center program (maximizes taxypayer dollars) and 
coordinates effectively with the efforts of other Federal 
Government and private sector programs.
    This section also requires the SBA Administrator to 
establish through notice and comment rulemaking an 
accreditation program for the WBC program and provide a 
contract or financial assistance to an association which 
represents a majority of WBCs. This model is based on the 
success of a similar model utilized within the Small Business 
Development Centers (SBDCs) program where the Association of 
Small Business Development Centers (ASBDC) receives a contract 
from SBA to run an accreditation program to ensure that SBDCs 
across the country meet strong standards. The ASBDC has an 
accreditation board, which includes both SBDC grant recipients 
and SBA officials. Currently, while OWBO provides grants to 
various institutions for the establishment of WBCs across the 
country, there is little consistency instandards aside from 
meeting the requirements of the grant. Given the success of the ASBDC 
and the growing concern that SBA mismanagement may lead to weaker WBCs, 
this section ensures that no matter which WBC an entrepreneur goes to 
across the country each WBC will meet certain accreditation standards. 
Additionally, this section provides transition time so that a current 
WBC grantee who does not engage in criminal activity or fraud has time 
to become accredited and comply with the standards.

Section 203. Women's Business Center Program

    WBCs were originally established as a three-year pilot 
program. In 1997, Congress kept the basic premise of the 
demonstration projects but redesignated the names to Women's 
Business Centers, extended the time frame for the demonstration 
projects to five years, modified the matching contributions, 
and imposed review requirements to ensure that Women's Business 
Centers were meeting the obligations of their grants. 
Currently, while the WBC program is mentioned in the Small 
Business Act, there is no specific designation of the program 
and little elaboration on how that program will function and 
what various terms mean.
            Subsection (a)--Definitions
    This subsection amends section 29(a) of the Act to provide 
definitions of various terms within the WBC program and align 
the Act with how the WBC program truly operates.
            Subsection (b)--Authority
    This subsection amends section 29(b) of the Act to raise 
the amount an eligible entity would be able to receive as a 
grant from SBA from $150,000 to $185,000, as annually adjusted 
for inflation. This is the first time since the program's 
creation that the cap is being raised and this modest increase 
in the cap simply allows the centers to continue receiving the 
same dollar funding as inflation and changes in cost-of-living 
have reduced the current value. Further, this section allows a 
WBC to receive an additional $65,000 if they can provide a 1 
for 1 match of funds during the fourth quarter of the fiscal 
year, and if the SBA has unobligated funds which are meant for 
WBC grantees that would otherwise go unused. For a standard WBC 
grant, WBCs are required to provide a 1 to 1 match, and given 
that the amount of the match is not always known until later in 
the fiscal year, the SBA each year has been ending up with over 
$500,000 in unobligated funds which is it unable to carry over 
to the next year. This subsection ensures that these funds will 
be utilized as intended for WBCs and go to WBCs who can 
demonstrate a need and the requisite match. Further, this 
subsection requires SBA to promulgate rules through notice and 
comment rulemaking for any activity related to the WBC program.
            Subsection (c)--Conditions of participation
    Currently, the Act provides for certain conditions of 
participation. This subsection amends section 29(c) of the Act 
to expand upon those conditions to ensure strong oversight and 
careful use of scarce taxpayer dollars. Specifically this 
subsection prohibits eligible entities from co-mingling grant 
funds and requires site visits and annual reviews by the SBA to 
ensure compliance with grant agreements. Further, this 
subsection is amended to promote due process by requiring the 
SBA to establish a remediation plan through notice and comment 
rulemaking to ensure that if a problem is found with a WBC 
grant recipient, they have an opportunity to take corrective 
action and come into compliance with the law. Only after this 
remediation process may the SBA terminate the grant in 
accordance with the rules that SBA must promulgate under this 
subsection.
            Subsection (d)--Submission of 5-year plan
    This subsection amends section 29(e) of the Act to make 
technical corrections to language so that terms are consistent 
throughout the WBC program.
            Subsection (e)--Applications and criteria for initial grant
    This subsection amends section 29(f) of the Act to require 
an eligible entity that is applying for a first time WBC grant 
to: submit to the Administrator certification of designation of 
an executive director or program manager; submit information 
demonstrating that it has the ability and resources to meet the 
needs of the market to be served as well as information 
demonstrating its experiences and effectiveness in conducting 
required services; demonstrate the ability to obtain non-
Federal contributions; and develop a five year plan 
demonstrating the ability of the WBC to serve women who are 
business owners or potential business owners and provide 
training and services to women who are socially or economically 
disadvantaged.
    This subsection adds requisites for the SBA's review and 
approval of applications which takes into account the 
experience, the time needed between grant award and operational 
commencement, sustainability after 5 years, location, 
population density, and the capacity to meet accreditation 
standards. Further, this subsection amends section 29(f) to 
require the SBA to establish regulations in accordance with the 
criteria to ensure that all eligible entities understand what 
would be required of them to receive a grant.
            Subsection (f)--Notification requirements under the Women's 
                    Business Center program
    Currently, the Act is silent on how eligible entities would 
learn about the WBC program grants and what the SBA should 
provide to eligible entities. This subsection amends Section 29 
of the Act to add a new subsection (l) which requires the SBA 
to provide public announcements of the grants availability, the 
opportunity for anyone denied a grant to review with the 
Assistant Administrator of OWBO the reasons for denial, and for 
any eligible entity who receives a site visit or evaluation to 
receive a copy of that report within 30 days of completion.
            Subsection (g)--Continued funding for centers
    Under current practice, an initial grant is awarded to an 
eligible entity to serve as a WBC for 5 years. Following that 
time period, incumbent WBCs are eligible to apply for another 3 
year grant that continues funding the eligible entity as a WBC. 
This subsection amends Section 29(m) of the Act, to formally 
put into statute what is already occurring and modifies it so 
that the continuation grant takes into account other changes 
made within this bill to ensure that an existing WBC becomes 
accredited, meets the requisite federal matching requirements, 
develops a 3 year plan that describes how it intends to 
continuing providing services, and thereby continues to meet 
the revised standards. This provision also requires the 
Administrator to look at prior evaluations and specific 
criteria such as: the total number of entrepreneurs served; 
total number of new startup companies assisted; percentage of 
clients socially or economically disadvantaged; percentage of 
individuals in the community socially or economically 
disadvantaged; successful participation under the accreditation 
program; and any additional criteria the Administrator 
reasonably requires. Further, this subsection establishes that 
there is no limitation on the number of times the Administrator 
may award a grant to an applicant.
            Subsection (h)--Technical and conforming amendments
    This subsection authorizes $21,750,000 for each of fiscal 
years 2016 to 2020 to be appropriated to the Administration. Of 
the amount made available, the following amount shall be 
available for selection panel costs, costs associated with 
maintaining an accreditation program and post-award conference 
costs. For fiscal year 2016, 2.65 percent of total appropriated 
amount. For each of fiscal years 2017 to 2020, 2.5 percent.
            Subsection (i)--Effect on existing grants
    This subsection amends Section 29(m) to provide protections 
for existing WBCs and ensure that existing WBCs have adequate 
time to meet the new requirements provided within this bill.

Section 204. Matching requirements under Women's Business Center 
        program

    The Small Business Jobs Act waived the 1 to 1 matching 
requirements temporarily for the WBC program during the 
economic downturn. While this waiver was seldom used, it 
provided flexibility within the program to ensure that WBCs who 
were adversely impacted but would be able to successfully 
resume operations once the economy rebounded were not forced to 
stop receiving their WBC grant. Given that, this section amends 
29(c) of the Act to allow the Administrator to waive, in whole 
or in part, the requirement to obtain non-Federal funds for 
counseling and training activities of the recipient of 
financial assistance. The Administrator may not waive the 
requirement for a recipient organization to obtain non-Federal 
funds for more than a total of 2 consecutive fiscal years. This 
section also requires the Administrator to consider when 
determining whether to waive the requirement to obtain non-
Federal funds: the economic conditions affecting the recipient; 
the impact of a waiver would have on the credibility of the 
women's business center program; the demonstrated ability of 
the recipient to raise non-Federal funds; and the performance 
of the recipient. Further, to safeguard both the taxpayer and 
the other WBC grant recipients, it prohibits the Administrator 
from waiving the requirement to obtain non-Federal funds if 
granting the waiver would undermine the credibility of the WBC 
program.
    Additionally, this section exempts the amount of non-
Federal dollars obtained by the WBC grant recipient that is 
above the amount required to be obtained, and which is not used 
as matching funds for purposes of implementing the program, 
from part 200 of title 2, Code of Federal Regulations, or any 
successor. This corrects a longstanding compliance challenge by 
which WBCs would be reluctant to raise additional funds as the 
SBA would force them to include it as part of their budget even 
though that money was not being used for purposes of the match. 
In accordance with these changes, the section requires the SBA 
to issue regulations within 270 days.

                TITLE III: SCORE PROGRAM REAUTHORIZATION

Section 301. Short title

    This section provides that the bill may be cited as the 
``SCORE for Small Business Act of 2016.''

Section 302. SCORE reauthorization

    This section reauthorizes the SCORE Program at $10.5 
million for Fiscal Years (FYs) 2017 and 2018, respectively. As 
SCORE received an appropriation funding level of $10.5 million 
for FY 2016, this ensures that this valuable program continues 
to have the ability to meet the needs of small business owners 
with a continued level of funding for the next two FYs.

Section 303. SCORE program

    This section amends Section 8 of the Small Business Act to 
officially change the name of SCORE from Service Corps of 
Retired Executives (SCORE) to SCORE. This change is reflective 
of how the SCORE program has grown beyond merely just utilizing 
retired executives for its volunteer base and today utilizes 
entrepreneurs who may still be actively engaged in running 
their businesses. This section also provides for the 
definitions of terms used within the SCORE program and requires 
the SCORE Association, which is defined as the entity who 
receives the SCORE grant from Small Business Administration 
(SBA), to provide an annual report on their activities. 
Further, this section creates parity for SCORE with the other 
entrepreneurial development (ED) programs within the SBA by 
requiring the SBA to promulgate privacy regulation to ensure 
that small businesses' valuable personal information is 
safeguarded and secure.

Section 304. Online component

    This section amends Section 8(c) of the Small Business Act 
to require the SCORE Association to utilize webinars and 
electronic mentoring as a way to increase SCORE's presence 
across America. For FY 2017, the SCORE Association has 
requested $1.3 million for technology, and this section ensures 
that will occur by making technology an integral piece of the 
SCORE program. Further, this section requires the SCORE 
Association to provide a report at the end of FY 2018, which 
coincides with the reauthorization of funds provided in this 
bill, to the Senate Committee on Small Business and 
Entrepreneurship and the House Committee on Small Business 
regarding the results of this online component, including 
performance metrics.

Section 305. Study and report on the future role of the SCORE program

    This section requires the SCORE Association to provide a 
report to the Senate Committee on Small Business and 
Entrepreneurship and the House Committee on Small Business 
within six months after enactment of this bill on the future 
role and strategic plan for how the SCORE program will evolve 
to meet the needs of America's entrepreneurs over the next ten 
years with specific markers for year 1, year 3, and year 5.

Section 306. Technical and conforming amendments

    This section makes technical and conforming amendments to 
the Small Business Act reflective of other changes made in this 
bill, such as the changing of the name of the program from 
Service Corps of Retired Executives (SCORE) to SCORE.

            VIII. Congressional Budget Office Cost Estimate

    At the time H.R. 207 was reported to the House, the 
Congressional Budget Office had not provided a cost estimate.

                         IX. Unfunded Mandates

    H.R. 207 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act, Pub. 
L. No. 104-4, and would impose no costs on state, local or 
tribal governments.

  X. New Budget Authority, Entitlement Authority and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House, the Committee provides the following opinion and 
estimate with respect to new budget authority, entitlement 
authority and tax expenditures. While the Committee has not 
received an estimate of new budget authority contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to 402 of the Congressional Budget Act 
of 1974, the Committee does not believe that any additional 
appropriation will be required due to the enactment of H.R. 
207. H.R. 207 does not direct new spending, but instead 
continues the authorization levels currently in place while 
reallocating funds within the programs.

                         XI. Oversight Findings

    In accordance with clause 2(b)(1) of rule X of the Rules of 
the House, the oversight findings and recommendations of the 
Committee on Small Business with respect to the subject matter 
contained in H.R. 207 are incorporated into the descriptive 
portions of this report.

               XII. Statement of Constitutional Authority

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
authority for this legislation in Art. I, Sec. 8, cls. 3 of the 
Constitution of the United States.

                 XIII. Congressional Accountability Act

    H.R. 207 does not relate to the terms and conditions of 
employment or access to public services or accommodations 
within the meaning of Sec. 102(b)(3) of Pub. L. No. 104-1.

             XIV. Federal Advisory Committee Act Statement

    H.R. 207 does not establish or authorize the establishment 
of any new advisory committees as that term is defined in the 
Federal Advisory Committee Act, 5 U.S.C. App. 2.

                      XV. Statement of No Earmarks

    Pursuant to clause 9 of rule XXI, H.R. 207 does not contain 
any congressional earmarks, limited tax benefits or limited 
tariff benefits as defined in subsections (d), (e) or (f) of 
clause 9 of rule XXI of the Rules of the House.

                 XVI. Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House, the Committee establishes the following performance-
related goals and objectives for this legislation:

          H.R. 207 includes a number of provisions designed to 
        improve the provision of entrepreneurial development 
        assistance pursuant to the Small Business Act, and to 
        improve agency compliance with the Small Business Act.

                     XVII. Changes to Existing Law

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           SMALL BUSINESS ACT

           *       *       *       *       *       *       *
  Sec. 7. (a) Loans to Small Business Concerns; Allowable 
Purposes; Qualified Business; Restrictions and Limitations.--
The Administration is empowered to the extent and in such 
amounts as provided in advance in appropriation Acts to make 
loans for plant acquisition, construction, conversion, or 
expansion, including the acquisition of land, material, 
supplies, equipment, and working capital, and to make loans to 
any qualified small business concern, including those owned by 
qualified Indian tribes, for purposes of this Act. Such 
financings may be made either directly or in cooperation with 
banks or other financial institutions through agreements to 
participate on an immediate or deferred (guaranteed) basis. 
These powers shall be subject, however, to the following 
restrictions, limitations, and provisions:
          (1) In general.--
                  (A) Credit elsewhere.--
                          (i) In general.--No financial 
                        assistance shall be extended pursuant 
                        to this subsection if the applicant can 
                        obtain credit elsewhere. No immediate 
                        participation may be purchased unless 
                        it is shown that a deferred 
                        participation is not available; and no 
                        direct financing may be made unless it 
                        is shown that a participation is not 
                        available.
                          (ii) Liquidity.--On and after October 
                        1, 2015, the Administrator may not 
                        guarantee a loan under this subsection 
                        if the lender determines that the 
                        borrower is unable to obtain credit 
                        elsewhere solely because the liquidity 
                        of the lender depends upon the 
                        guaranteed portion of the loan being 
                        sold on the secondary market.
                  (B) Background checks.--Prior to the approval 
                of any loan made pursuant to this subsection, 
                or section 503 of the Small Business Investment 
                Act of 1958, the Administrator may verify the 
                applicant's criminal background, or lack 
                thereof, through the best available means, 
                including, if possible, use of the National 
                Crime Information Center computer system at the 
                Federal Bureau of Investigation.
                  (C) Lending limits of lenders.--On and after 
                October 1, 2015, the Administrator may not 
                guarantee a loan under this subsection if the 
                sole purpose for requesting the guarantee is to 
                allow the lender to exceed the legal lending 
                limit of the lender.
          (2) Level of participation in guaranteed loans.--
                  (A) In general.--Except as provided in 
                subparagraphs (B), (D), and (E), in an 
                agreement to participate in a loan on a 
                deferred basis under this subsection (including 
                a loan made under the Preferred Lenders 
                Program), such participation by the 
                Administration shall be equal to--
                          (i) 75 percent of the balance of the 
                        financing outstanding at the time of 
                        disbursement of the loan, if such 
                        balance exceeds $150,000; or
                          (ii) 85 percent of the balance of the 
                        financing outstanding at the time of 
                        disbursement of the loan, if such 
                        balance is less than or equal to 
                        $150,000.
                  (B) Reduced participation upon request.--
                          (i) In general.--The guarantee 
                        percentage specified by subparagraph 
                        (A) for any loan under this subsection 
                        may be reduced upon the request of the 
                        participating lender.
                          (ii) Prohibition.--The Administration 
                        shall not use the guarantee percentage 
                        requested by a participating lender 
                        under clause (i) as a criterion for 
                        establishing priorities in approving 
                        loan guarantee requests under this 
                        subsection.
                  (C) Interest rate under preferred lenders 
                program.--
                          (i) In general.--The maximum interest 
                        rate for a loan guaranteed under the 
                        Preferred Lenders Program shall not 
                        exceed the maximum interest rate, as 
                        determined by the Administration, 
                        applicable to other loans guaranteed 
                        under this subsection.
                          (ii) Export-import bank lenders.--Any 
                        lender that is participating in the 
                        Delegated Authority Lender Program of 
                        the Export-Import Bank of the United 
                        States (or any successor to the 
                        Program) shall be eligible to 
                        participate in the Preferred Lenders 
                        Program.
                          (iii) Preferred lenders program 
                        defined.--For purposes of this 
                        subparagraph, the term ``Preferred 
                        Lenders Program'' means any program 
                        established by the Administrator, as 
                        authorized under the proviso in section 
                        5(b)(7), under which a written 
                        agreement between the lender and the 
                        Administration delegates to the 
                        lender--
                                  (I) complete authority to 
                                make and close loans with a 
                                guarantee from the 
                                Administration without 
                                obtaining the prior specific 
                                approval of the Administration; 
                                and
                                  (II) complete authority to 
                                service and liquidate such 
                                loans without obtaining the 
                                prior specific approval of the 
                                Administration for routine 
                                servicing and liquidation 
                                activities, but shall not take 
                                any actions creating an actual 
                                or apparent conflict of 
                                interest.
                  (D) Participation under export working 
                capital program.--In an agreement to 
                participate in a loan on a deferred basis under 
                the Export Working Capital Program established 
                pursuant to paragraph (14)(A), such 
                participation by the Administration shall be 90 
                percent.
                  (E) Participation in international trade 
                loan.--In an agreement to participate in a loan 
                on a deferred basis under paragraph (16), the 
                participation by the Administration may not 
                exceed 90 percent.
          (3) No loan shall be made under this subsection--
                  (A) if the total amount outstanding and 
                committed (by participation or otherwise) to 
                the borrower from the business loan and 
                investment fund established by this Act would 
                exceed $3,750,000 (or if the gross loan amount 
                would exceed $5,000,000), except as provided in 
                subparagraph (B);
                  (B) if the total amount outstanding and 
                committed (on a deferred basis) solely for the 
                purposes provided in paragraph (16) to the 
                borrower from the business loan and investment 
                fund established by this Act would exceed 
                $4,500,000 (or if the gross loan amount would 
                exceed $5,000,000), of which not more than 
                $4,000,000 may be used for working capital, 
                supplies, or financings under section 7(a)(14) 
                for export purposes; and
                  (C) if effected either directly or in 
                cooperation with banks or other lending 
                institutions through agreements to participate 
                on an immediate basis if the amount would 
                exceed $350,000.
          (4) Interest rates and prepayment charges.--
                  (A) Interest rates.--Notwithstanding the 
                provisions of the constitution of any State or 
                the laws of any State limiting the rate or 
                amount of interest which may be charged, taken, 
                received, or reserved, the maximum legal rate 
                of interest on any financing made on a deferred 
                basis pursuant to this subsection shall not 
                exceed a rate prescribed by the Administration, 
                and the rate of interest for the 
                Administration's share of any direct or 
                immediate participation loan shall not exceed 
                the current average market yield on outstanding 
                marketable obligations of the United States 
                with remaining periods to maturity comparable 
                to the average maturities of such loans and 
                adjusted to the nearest one-eighth of 1 per 
                centum, and an additional amount as determined 
                by the Administration, but not to exceed 1 per 
                centum per annum: Provided, That for those 
                loans to assist any public or private 
                organization for the handicapped or to assist 
                any handicapped individual as provided in 
                paragraph (10) of this subsection, the interest 
                rate shall be 3 per centum per annum.
                  (B) Payment of accrued interest.--
                          (i) In general.--Any bank or other 
                        lending institution making a claim for 
                        payment on the guaranteed portion of a 
                        loan made under this subsection shall 
                        be paid the accrued interest due on the 
                        loan from the earliest date of default 
                        to the date of payment of the claim at 
                        a rate not to exceed the rate of 
                        interest on the loan on the date of 
                        default, minus one percent.
                          (ii) Loans sold on secondary 
                        market.--If a loan described in clause 
                        (i) is sold on the secondary market, 
                        the amount of interest paid to a bank 
                        or other lending institution described 
                        in that clause from the earliest date 
                        of default to the date of payment of 
                        the claim shall be no more than the 
                        agreed upon rate, minus one percent.
                          (iii) Applicability.--Clauses (i) and 
                        (ii) shall not apply to loans made on 
                        or after October 1, 2000.
                  (C) Prepayment charges.--
                          (i) In general.--A borrower who 
                        prepays any loan guaranteed under this 
                        subsection shall remit to the 
                        Administration a subsidy recoupment fee 
                        calculated in accordance with clause 
                        (ii) if--
                                  (I) the loan is for a term of 
                                not less than 15 years;
                                  (II) the prepayment is 
                                voluntary;
                                  (III) the amount of 
                                prepayment in any calendar year 
                                is more than 25 percent of the 
                                outstanding balance of the 
                                loan; and
                                  (IV) the prepayment is made 
                                within the first 3 years after 
                                disbursement of the loan 
                                proceeds.
                          (ii) Subsidy recoupment fee.--The 
                        subsidy recoupment fee charged under 
                        clause (i) shall be--
                                  (I) 5 percent of the amount 
                                of prepayment, if the borrower 
                                prepays during the first year 
                                after disbursement;
                                  (II) 3 percent of the amount 
                                of prepayment, if the borrower 
                                prepays during the second year 
                                after disbursement; and
                                  (III) 1 percent of the amount 
                                of prepayment, if the borrower 
                                prepays during the third year 
                                after disbursement.
          (5) No such loans including renewals and extensions 
        thereof may be made for a period or periods exceeding 
        twenty-five years, except that such portion of a loan 
        made for the purpose of acquiring real property or 
        constructing, converting, or expanding facilities may 
        have a maturity of twenty-five years plus such 
        additional period as is estimated may be required to 
        complete such construction, conversion, or expansion.
          (6) All loans made under this subsection shall be of 
        such sound value or so secured as reasonably to assure 
        repayment: Provided, however, That--
                  (A) for loans to assist any public or private 
                organization or to assist any handicapped 
                individual as provided in paragraph (10) of 
                this subsection any reasonable doubt shall be 
                resolved in favor of the applicant;
                  (B) recognizing that greater risk may be 
                associated with loans for energy measures as 
                provided in paragraph (12) of this subsection, 
                factors in determining ``sound value'' shall 
                include, but not be limited to, quality of the 
                product or service; technical qualifications of 
                the applicant or his employees; sales 
                projections; and the financial status of the 
                business concern: Provided further, That such 
                status need not be as sound as that required 
                for general loans under this subsection; and
        On that portion of the loan used to refinance existing 
        indebtedness held by a bank or other lending 
        institution, the Administration shall limit the amount 
        of deferred participation to 80 per centum of the 
        amount of the loan at the time of disbursement: 
        Provided further, That any authority conferred by this 
        subparagraph on the Administration shall be exercised 
        solely by the Administration and shall not be delegated 
        to other than Administration personnel.
          (7) The Administration may defer payments on the 
        principal of such loans for a grace period and use such 
        other methods as it deems necessary and appropriate to 
        assure the successful establishment and operation of 
        such concern.
          (8) The Administration may make loans under this 
        subsection to small business concerns owned and 
        controlled by disabled veterans (as defined in section 
        4211(3) of title 38, United States Code).
          (9) The Administration may provide loans under this 
        subsection to finance residential or commercial 
        construction or rehabilitation for sale: Provided, 
        however, That such loans shall not be used primarily 
        for the acquisition of land.
          (10) The Administration may provide guaranteed loans 
        under this subsection to assist any public or private 
        organization for the handicapped or to assist any 
        handicapped individual, including service-disabled 
        veterans, in establishing, acquiring, or operating a 
        small business concern.
          (11) The Administration may provide loans under this 
        subsection to any small business concern, or to any 
        qualified person seeking to establish such a concern 
        when it determines that such loan will further the 
        policies established in section 2(c) of this Act, with 
        particular emphasis on the preservation or 
        establishment of small business concerns located in 
        urban or rural areas with high proportions of 
        unemployed or low-income individuals or owned by low-
        income individuals.
          (12)(A) The Administration may provide loans under 
        this subsection to assist any small business concern, 
        including start up, to enable such concern to design 
        architecturally or engineer, manufacture, distribute, 
        market, install, or service energy measures: Provided, 
        however, That such loan proceeds shall not be used 
        primarily for research and development.
  (b) The Administration may provide deferred participation 
loans under this subsection to finance the planning, design, or 
installation of pollution control facilities for the purposes 
set forth in section 404 of the Small Business Investment Act 
of 1958. Notwithstanding the limitation expressed in paragraph 
(3) of this subsection, a loan made under this paragraph may 
not result in a total amount outstanding and committed to a 
borrower from the business loan and investment fund of more 
than $1,000,000.
          (13) The Administration may provide financing under 
        this subsection to State and local development 
        companies for the purposes of, and subject to the 
        restrictions in, title V of the Small Business 
        Investment Act of 1958.
          (14) Export working capital program.--
                  (A) In general.--The Administrator may 
                provide extensions of credit, standby letters 
                of credit, revolving lines of credit for export 
                purposes, and other financing to enable small 
                business concerns, including small business 
                export trading companies and small business 
                export management companies, to develop foreign 
                markets. A bank or participating lending 
                institution may establish the rate of interest 
                on such financings as may be legal and 
                reasonable.
                  (B) Terms.--
                          (i) Loan amount.--The Administrator 
                        may not guarantee a loan under this 
                        paragraph of more than $5,000,000.
                          (ii) Fees.--
                                  (I) In general.--For a loan 
                                under this paragraph, the 
                                Administrator shall collect the 
                                fee assessed under paragraph 
                                (23) not more frequently than 
                                once each year.
                                  (II) Untapped credit.--The 
                                Administrator may not assess a 
                                fee on capital that is not 
                                accessed by the small business 
                                concern.
                  (C) Considerations.--When considering loan or 
                guarantee applications, the Administration 
                shall give weight to export-related benefits, 
                including opening new markets for United States 
                goods and services abroad and encouraging the 
                involvement of small businesses, including 
                agricultural concerns, in the export market.
                  (D) Marketing.--The Administrator shall 
                aggressively market its export financing 
                program to small businesses.
          (15)(A) The Administration may guarantee loans under 
        this subsection to qualified employee trusts with 
        respect to a small business concern for the purpose of 
        purchasing stock of the concern under a plan approved 
        by the Administrator which, when carried out, results 
        in the qualified employee trust owning at least 51 per 
        centum of the stock of the concern.
          (B) The plan requiring the Administrator's approval 
        under subparagraph (A) shall be submitted to the 
        Administration by the trustee of such trust with its 
        application for the guarantee. Such plan shall include 
        an agreement with the Administrator which is binding on 
        such trust and on the small business concern and which 
        provides that--
                  (i) not later than the date the loan 
                guaranteed under subparagraph (A) is repaid (or 
                as soon thereafter as is consistent with the 
                requirements of section 401(a) of the Internal 
                Revenue Code of 1954), at least 51 per centum 
                of the total stock of such concern shall be 
                allocated to the accounts of at least 51 per 
                centum of the employees of such concern who are 
                entitled to share in such allocation,
                  (ii) there will be periodic reviews of the 
                role in the management of such concern of 
                employees to whose accounts stock is allocated, 
                and
                  (iii) there will be adequate management to 
                assure management expertise and continuity.
          (C) In determining whether to guarantee any loan 
        under this paragraph, the individual business 
        experience or personal assets of employee-owners shall 
        not be used as criteria, except inasmuch as certain 
        employee-owners may assume managerial responsibilities, 
        in which case business experience may be considered.
          (D) For purposes of this paragraph, a corporation 
        which is controlled by any other person shall be 
        treated as a small business concern if such corporation 
        would, after the plan described in subparagraph (B) is 
        carried out, be treated as a small business concern.
          (E) The Administration shall compile a separate list 
        of applications for assistance under this paragraph, 
        indicating which applications were accepted and which 
        were denied, and shall report periodically to the 
        Congress on the status of employee-owned firms assisted 
        by the Administration.
          (16) International trade.--
                  (A) In general.--If the Administrator 
                determines that a loan guaranteed under this 
                subsection will allow an eligible small 
                business concern that is engaged in or 
                adversely affected by international trade to 
                improve its competitive position, the 
                Administrator may make such loan to assist such 
                concern--
                          (i) in the financing of the 
                        acquisition, construction, renovation, 
                        modernization, improvement, or 
                        expansion of productive facilities or 
                        equipment to be used in the United 
                        States in the production of goods and 
                        services involved in international 
                        trade;
                          (ii) in the refinancing of existing 
                        indebtedness that is not structured 
                        with reasonable terms and conditions, 
                        including any debt that qualifies for 
                        refinancing under any other provision 
                        of this subsection; or
                          (iii) by providing working capital.
                  (B) Security.--
                          (i) In general.--Except as provided 
                        in clause (ii), each loan made under 
                        this paragraph shall be secured by a 
                        first lien position or first mortgage 
                        on the property or equipment financed 
                        by the loan or on other assets of the 
                        small business concern.
                          (ii) Exception.--A loan under this 
                        paragraph may be secured by a second 
                        lien position on the property or 
                        equipment financed by the loan or on 
                        other assets of the small business 
                        concern, if the Administrator 
                        determines the lien provides adequate 
                        assurance of the payment of the loan.
                  (C) Engaged in international trade.--For 
                purposes of this paragraph, a small business 
                concern is engaged in international trade if, 
                as determined by the Administrator, the small 
                business concern is in a position to expand 
                existing export markets or develop new export 
                markets.
                  (D) Adversely affected by international 
                trade.--For purposes of this paragraph, a small 
                business concern is adversely affected by 
                international trade if, as determined by the 
                Administrator, the small business concern--
                          (i) is confronting increased 
                        competition with foreign firms in the 
                        relevant market; and
                          (ii) is injured by such competition.
                  (E) Findings by certain federal agencies.--
                For purposes of subparagraph (D)(ii) the 
                Administrator shall accept any finding of 
                injury by the International Trade Commission or 
                any finding of injury by the Secretary of 
                Commerce pursuant to chapter 3 of title II of 
                the Trade Act of 1974.
                  (F) List of export finance lenders.--
                          (i) Publication of list required.--
                        The Administrator shall publish an 
                        annual list of the banks and 
                        participating lending institutions 
                        that, during the 1-year period ending 
                        on the date of publication of the list, 
                        have made loans guaranteed by the 
                        Administration under--
                                  (I) this paragraph;
                                  (II) paragraph (14); or
                                  (III) paragraph (34).
                          (ii) Availability of list.--The 
                        Administrator shall--
                                  (I) post the list published 
                                under clause (i) on the website 
                                of the Administration; and
                                  (II) make the list published 
                                under clause (i) available, 
                                upon request, at each district 
                                office of the Administration.
          (17) The Administration shall authorize lending 
        institutions and other entities in addition to banks to 
        make loans authorized under this subsection.
          (18) Guarantee fees.--
                  (A) In general.--With respect to each loan 
                guaranteed under this subsection (other than a 
                loan that is repayable in 1 year or less), the 
                Administration shall collect a guarantee fee, 
                which shall be payable by the participating 
                lender, and may be charged to the borrower, as 
                follows:
                          (i) A guarantee fee not to exceed 2 
                        percent of the deferred participation 
                        share of a total loan amount that is 
                        not more than $150,000.
                          (ii) A guarantee fee not to exceed 3 
                        percent of the deferred participation 
                        share of a total loan amount that is 
                        more than $150,000, but not more than 
                        $700,000.
                          (iii) A guarantee fee not to exceed 
                        3.5 percent of the deferred 
                        participation share of a total loan 
                        amount that is more than $700,000.
                          (iv) In addition to the fee under 
                        clause (iii), a guarantee fee equal to 
                        0.25 percent of any portion of the 
                        deferred participation share that is 
                        more than $1,000,000.
                  (B) Retention of certain fees.--Lenders 
                participating in the programs established under 
                this subsection may retain not more than 25 
                percent of a fee collected under subparagraph 
                (A)(i).
          (19)(A) In addition to the Preferred Lenders Program 
        authorized by the proviso in section 5(b)(7), the 
        Administration is authorized to establish a Certified 
        Lenders Program for lenders who establish their 
        knowledge of Administration laws and regulations 
        concerning the guaranteed loan program and their 
        proficiency in program requirements. The designation of 
        a lender as a certified lender shall be suspended or 
        revoked at any time that the Administration determines 
        that the lender is not adhering to its rules and 
        regulations or that the loss experience of the lender 
        is excessive as compared to other lenders, but such 
        suspension or revocation shall not affect any 
        outstanding guarantee.
          (B) In order to encourage all lending institutions 
        and other entities making loans authorized under this 
        subsection to provide loans of $50,000 or less in 
        guarantees to eligible small business loan applicants, 
        the Administration shall develop and allow 
        participating lenders to solely utilize a uniform and 
        simplified loan form for such loans.
                  (C) Authority to liquidate loans.--
                          (i) In general.--The Administrator 
                        may permit lenders participating in the 
                        Certified Lenders Program to liquidate 
                        loans made with a guarantee from the 
                        Administration pursuant to a 
                        liquidation plan approved by the 
                        Administrator.
                          (ii) Automatic approval.--If the 
                        Administrator does not approve or deny 
                        a request for approval of a liquidation 
                        plan within 10 business days of the 
                        date on which the request is made (or 
                        with respect to any routine liquidation 
                        activity under such a plan, within 5 
                        business days) such request shall be 
                        deemed to be approved.
          (20)(A) The Administration is empowered to make loans 
        either directly or in cooperation with banks or other 
        financial institutions through agreements to 
        participate on an immediate or deferred (guaranteed) 
        basis to small business concerns eligible for 
        assistance under subsection (j)(10) and section 8(a). 
        Such assistance may be provided only if the 
        Administration determines that--
                  (i) the type and amount of such assistance 
                requested by such concern is not otherwise 
                available on reasonable terms from other 
                sources;
                  (ii) with such assistance such concern has a 
                reasonable prospect for operating soundly and 
                profitably within a reasonable period of time;
                  (iii) the proceeds of such assistance will be 
                used within a reasonable time for plant 
                construction, conversion, or expansion, 
                including the acquisition of equipment, 
                facilities, machinery, supplies, or material or 
                to supply such concern with working capital to 
                be used in the manufacture of articles, 
                equipment, supplies, or material for defense or 
                civilian production or as may be necessary to 
                insure a well-balanced national economy; and
                  (iv) such assistance is of such sound value 
                as reasonably to assure that the terms under 
                which it is provided will not be breached by 
                the small business concern.
          (B)(i) No loan shall be made under this paragraph if 
        the total amount outstanding and committed (by 
        participation or otherwise) to the borrower would 
        exceed $750,000.
          (ii) Subject to the provisions of clause (i), in 
        agreements to participate in loans on a deferred 
        (guaranteed) basis, participation by the Administration 
        shall be not less than 85 per centum of the balance of 
        the financing outstanding at the time of disbursement.
          (iii) The rate of interest on financings made on a 
        deferred (guaranteed) basis shall be legal and 
        reasonable.
          (iv) Financings made pursuant to this paragraph shall 
        be subject to the following limitations:
                  (I) No immediate participation may be 
                purchased unless it is shown that a deferred 
                participation is not available.
                  (II) No direct financing may be made unless 
                it is shown that a participation is 
                unavailable.
          (C) A direct loan or the Administration's share of an 
        immediate participation loan made pursuant to this 
        paragraph shall be any secured debt instrument--
                  (i) that is subordinated by its terms to all 
                other borrowings of the issuer;
                  (ii) the rate of interest on which shall not 
                exceed the current average market yield on 
                outstanding marketable obligations of the 
                United States with remaining periods to 
                maturity comparable to the average maturities 
                of such loan and adjusted to the nearest one-
                eighth of 1 per centum;
                  (iii) the term of which is not more than 
                twenty-five years; and
                  (iv) the principal on which is amortized at 
                such rate as may be deemed appropriate by the 
                Administration, and the interest on which is 
                payable not less often than annually.
  (21)(A) The Administration may make loans on a guaranteed 
basis under the authority of this subsection--
          (i) to a small business concern that has been (or can 
        reasonably be expected to be) detrimentally affected 
        by--
                  (I) the closure (or substantial reduction) of 
                a Department of Defense installation; or
                  (II) the termination (or substantial 
                reduction) of a Department of Defense program 
                on which such small business was a prime 
                contractor or subcontractor (or supplier) at 
                any tier; or
          (ii) to a qualified individual or a veteran seeking 
        to establish (or acquire) and operate a small business 
        concern.
  (B) Recognizing that greater risk may be associated with a 
loan to a small business concern described in subparagraph 
(A)(i), any reasonable doubts concerning the firm's proposed 
business plan for transition to nondefense-related markets 
shall be resolved in favor of the loan applicant when making 
any determination regarding the sound value of the proposed 
loan in accordance with paragraph (6).
  (C) Loans pursuant to this paragraph shall be authorized in 
such amounts as provided in advance in appropriation Acts for 
the purposes of loans under this paragraph.
  (D) For purposes of this paragraph a qualified individual 
is--
          (i) a member of the Armed Forces of the United 
        States, honorably discharged from active duty 
        involuntarily or pursuant to a program providing 
        bonuses or other inducements to encourage voluntary 
        separation or early retirement;
          (ii) a civilian employee of the Department of Defense 
        involuntarily separated from Federal service or retired 
        pursuant to a program offering inducements to encourage 
        early retirement; or
          (iii) an employee of a prime contractor, 
        subcontractor, or supplier at any tier of a Department 
        of Defense program whose employment is involuntarily 
        terminated (or voluntarily terminated pursuant to a 
        program offering inducements to encourage voluntary 
        separation or early retirement) due to the termination 
        (or substantial reduction) of a Department of Defense 
        program.
          (E) Job creation and community benefit.--In providing 
        assistance under this paragraph, the Administration 
        shall develop procedures to ensure, to the maximum 
        extent practicable, that such assistance is used for 
        projects that--
                  (i) have the greatest potential for--
                          (I) creating new jobs for individuals 
                        whose employment is involuntarily 
                        terminated due to reductions in Federal 
                        defense expenditures; or
                          (II) preventing the loss of jobs by 
                        employees of small business concerns 
                        described in subparagraph (A)(i); and
                  (ii) have substantial potential for 
                stimulating new economic activity in 
                communities most affected by reductions in 
                Federal defense expenditures.
          (22) The Administration is authorized to permit 
        participating lenders to impose and collect a 
        reasonable penalty fee on late payments of loans 
        guaranteed under this subsection in an amount not to 
        exceed 5 percent of the monthly loan payment per month 
        plus interest.
          (23) Yearly fee.--
                  (A) In general.--With respect to each loan 
                approved under this subsection, the 
                Administration shall assess, collect, and 
                retain a fee, not to exceed 0.55 percent per 
                year of the outstanding balance of the deferred 
                participation share of the loan, in an amount 
                established once annually by the Administration 
                in the Administration's annual budget request 
                to Congress, as necessary to reduce to zero the 
                cost to the Administration of making guarantees 
                under this subsection. As used in this 
                paragraph, the term ``cost'' has the meaning 
                given that term in section 502 of the Federal 
                Credit Reform Act of 1990 (2 U.S.C. 661a).
                  (B) Payer.--The yearly fee assessed under 
                subparagraph (A) shall be payable by the 
                participating lender and shall not be charged 
                to the borrower.
                  (C) Lowering of borrower fees.--If the 
                Administration determines that fees paid by 
                lenders and by small business borrowers for 
                guarantees under this subsection may be 
                reduced, consistent with reducing to zero the 
                cost to the Administration of making such 
                guarantees--
                          (i) the Administration shall first 
                        consider reducing fees paid by small 
                        business borrowers under clauses (i) 
                        through (iii) of paragraph (18)(A), to 
                        the maximum extent possible; and
                          (ii) fees paid by small business 
                        borrowers shall not be increased above 
                        the levels in effect on the date of 
                        enactment of this subparagraph.
          (24) Notification requirement.--The Administration 
        shall notify the Committees on Small Business of the 
        Senate and the House of Representatives not later than 
        15 days before making any significant policy or 
        administrative change affecting the operation of the 
        loan program under this subsection.
          (25) Limitation on conducting pilot projects.--
                  (A) In general.--Not more than 10 percent of 
                the total number of loans guaranteed in any 
                fiscal year under this subsection may be 
                awarded as part of a pilot program which is 
                commenced by the Administrator on or after 
                October 1, 1996.
                  (B) Pilot program defined.--In this 
                paragraph, the term ``pilot program'' means any 
                lending program initiative, project, 
                innovation, or other activity not specifically 
                authorized by law.
                  (C) Low documentation loan program.--The 
                Administrator may carry out the low 
                documentation loan program for loans of 
                $100,000 or less only through lenders with 
                significant experience in making small business 
                loans. Not later than 90 days after the date of 
                enactment of this subsection, the Administrator 
                shall promulgate regulations defining the 
                experience necessary for participation as a 
                lender in the low documentation loan program.
          (26) Calculation of subsidy rate.--All fees, 
        interest, and profits received and retained by the 
        Administration under this subsection shall be included 
        in the calculations made by the Director of the Office 
        of Management and Budget to offset the cost (as that 
        term is defined in section 502 of the Federal Credit 
        Reform Act of 1990) to the Administration of purchasing 
        and guaranteeing loans under this Act.
          (28) Leasing.--In addition to such other lease 
        arrangements as may be authorized by the 
        Administration, a borrower may permanently lease to one 
        or more tenants not more than 20 percent of any 
        property constructed with the proceeds of a loan 
        guaranteed under this subsection, if the borrower 
        permanently occupies and uses not less than 60 percent 
        of the total business space in the property.
          (29) Real estate appraisals.--With respect to a loan 
        under this subsection that is secured by commercial 
        real property, an appraisal of such property by a State 
        licensed or certified appraiser--
                  (A) shall be required by the Administration 
                in connection with any such loan for more than 
                $250,000; or
                  (B) may be required by the Administration or 
                the lender in connection with any such loan for 
                $250,000 or less, if such appraisal is 
                necessary for appropriate evaluation of 
                creditworthiness.
          (30) Ownership requirements.--Ownership requirements 
        to determine the eligibility of a small business 
        concern that applies for assistance under any credit 
        program under this Act shall be determined without 
        regard to any ownership interest of a spouse arising 
        solely from the application of the community property 
        laws of a State for purposes of determining marital 
        interests.
          (31) Express loans.--
                  (A) Definitions.--As used in this paragraph:
                          (i) The term ``disaster area'' means 
                        the area for which the President has 
                        declared a major disaster, during the 
                        5-year period beginning on the date of 
                        the declaration.
                          (ii) The term ``express lender'' 
                        means any lender authorized by the 
                        Administration to participate in the 
                        Express Loan Program.
                          (iii) The term ``express loan'' means 
                        any loan made pursuant to this 
                        paragraph in which a lender utilizes to 
                        the maximum extent practicable its own 
                        loan analyses, procedures, and 
                        documentation.
                          (iv) The term ``Express Loan 
                        Program'' means the program for express 
                        loans established by the Administration 
                        under paragraph (25)(B), as in 
                        existence on April 5, 2004, with a 
                        guaranty rate of not more than 50 
                        percent.
                  (B) Restriction to express lender.--The 
                authority to make an express loan shall be 
                limited to those lenders deemed qualified to 
                make such loans by the Administration. 
                Designation as an express lender for purposes 
                of making an express loan shall not prohibit 
                such lender from taking any other action 
                authorized by the Administration for that 
                lender pursuant to this subsection.
                  (C) Grandfathering of existing lenders.--Any 
                express lender shall retain such designation 
                unless the Administration determines that the 
                express lender has violated the law or 
                regulations promulgated by the Administration 
                or modifies the requirements to be an express 
                lender and the lender no longer satisfies those 
                requirements.
                  (D) Maximum loan amount.--The maximum loan 
                amount under the Express Loan Program is 
                $350,000.
                  (E) Option to participate.--Except as 
                otherwise provided in this paragraph, the 
                Administration shall take no regulatory, 
                policy, or administrative action, without 
                regard to whether such action requires 
                notification pursuant to paragraph (24), that 
                has the effect of requiring a lender to make an 
                express loan pursuant to subparagraph (D).
                  (F) Express loans for renewable energy and 
                energy efficiency.--
                          (i) Definitions.--In this 
                        subparagraph--
                                  (I) the term ``biomass''--
                                          (aa) means any 
                                        organic material that 
                                        is available on a 
                                        renewable or recurring 
                                        basis, including--
                                                  (AA) 
                                                agricultural 
                                                crops;
                                                  (BB) trees 
                                                grown for 
                                                energy 
                                                production;
                                                  (CC) wood 
                                                waste and wood 
                                                residues;
                                                  (DD) plants 
                                                (including 
                                                aquatic plants 
                                                and grasses);
                                                  (EE) 
                                                residues;
                                                  (FF) fibers;
                                                  (GG) animal 
                                                wastes and 
                                                other waste 
                                                materials; and
                                                  (HH) fats, 
                                                oils, and 
                                                greases 
                                                (including 
                                                recycled fats, 
                                                oils, and 
                                                greases); and
                                          (bb) does not 
                                        include--
                                                  (AA) paper 
                                                that is 
                                                commonly 
                                                recycled; or
                                                  (BB) 
                                                unsegregated 
                                                solid waste;
                                  (II) the term ``energy 
                                efficiency project'' means the 
                                installation or upgrading of 
                                equipment that results in a 
                                significant reduction in energy 
                                usage; and
                                  (III) the term ``renewable 
                                energy system'' means a system 
                                of energy derived from--
                                          (aa) a wind, solar, 
                                        biomass (including 
                                        biodiesel), or 
                                        geothermal source; or
                                          (bb) hydrogen derived 
                                        from biomass or water 
                                        using an energy source 
                                        described in item (aa).
                          (ii) Loans.--The Administrator may 
                        make a loan under the Express Loan 
                        Program for the purpose of--
                                  (I) purchasing a renewable 
                                energy system; or
                                  (II) carrying out an energy 
                                efficiency project for a small 
                                business concern.
                  (G) Guarantee fee waiver for veterans.--
                          (i) Guarantee fee waiver.--The 
                        Administrator may not collect a 
                        guarantee fee described in paragraph 
                        (18) in connection with a loan made 
                        under this paragraph to a veteran or 
                        spouse of a veteran on or after October 
                        1, 2015.
                          (ii) Exception.--If the President's 
                        budget for the upcoming fiscal year, 
                        submitted to Congress pursuant to 
                        section 1105(a) of title 31, United 
                        States Code, includes a cost for the 
                        program established under this 
                        subsection that is above zero, the 
                        requirements of clause (i) shall not 
                        apply to loans made during such 
                        upcoming fiscal year.
                          (iii) Definition.--In this 
                        subparagraph, the term ``veteran or 
                        spouse of a veteran'' means--
                                  (I) a veteran, as defined in 
                                section 3(q)(4);
                                  (II) an individual who is 
                                eligible to participate in the 
                                Transition Assistance Program 
                                established under section 1144 
                                of title 10, United States 
                                Code;
                                  (III) a member of a reserve 
                                component of the Armed Forces 
                                named in section 10101 of title 
                                10, United States Code;
                                  (IV) the spouse of an 
                                individual described in 
                                subclause (I), (II), or (III); 
                                or
                                  (V) the surviving spouse (as 
                                defined in section 101 of title 
                                38, United States Code) of an 
                                individual described in 
                                subclause (I), (II), or (III) 
                                who died while serving on 
                                active duty or as a result of a 
                                disability that is service-
                                connected (as defined in such 
                                section).
                  (H) Recovery opportunity loans.--
                          (i) In general.--The Administrator 
                        may guarantee an express loan to a 
                        small business concern located in a 
                        disaster area in accordance with this 
                        subparagraph.
                          (ii) Maximums.--For a loan guaranteed 
                        under clause (i)--
                                  (I) the maximum loan amount 
                                is $150,000; and
                                  (II) the guarantee rate shall 
                                be not more than 85 percent.
                          (iii) Overall cap.--A loan guaranteed 
                        under clause (i) shall not be counted 
                        in determining the amount of loans made 
                        to a borrower for purposes of 
                        subparagraph (D).
                          (iv) Operations.--A small business 
                        concern receiving a loan guaranteed 
                        under clause (i) shall certify that the 
                        small business concern was in operation 
                        on the date on which the applicable 
                        major disaster occurred as a condition 
                        of receiving the loan.
                          (v) Repayment ability.--A loan 
                        guaranteed under clause (i) may only be 
                        made to a small business concern that 
                        demonstrates, to the satisfaction of 
                        the Administrator, sufficient capacity 
                        to repay the loan.
                          (vi) Timing of payment of 
                        guarantees.--
                                  (I) In general.--Not later 
                                than 90 days after the date on 
                                which a request for purchase is 
                                filed with the Administrator, 
                                the Administrator shall 
                                determine whether to pay the 
                                guaranteed portion of the loan.
                                  (II) Recapture.--
                                Notwithstanding any other 
                                provision of law, unless there 
                                is a subsequent finding of 
                                fraud by a court of competent 
                                jurisdiction relating to a loan 
                                guaranteed under clause (i), on 
                                and after the date that is 6 
                                months after the date on which 
                                the Administrator determines to 
                                pay the guaranteed portion of 
                                the loan, the Administrator may 
                                not attempt to recapture the 
                                paid guarantee.
                          (vii) Fees.--
                                  (I) In general.--Unless the 
                                Administrator has waived the 
                                guarantee fee that would 
                                otherwise be collected by the 
                                Administrator under paragraph 
                                (18) for a loan guaranteed 
                                under clause (i), and except as 
                                provided in subclause (II), the 
                                guarantee fee for the loan 
                                shall be equal to the guarantee 
                                fee that the Administrator 
                                would collect if the guarantee 
                                rate for the loan was 50 
                                percent.
                                  (II) Exception.--Subclause 
                                (I) shall not apply if the cost 
                                of carrying out the program 
                                under this subsection in a 
                                fiscal year is more than zero 
                                and such cost is directly 
                                attributable to the cost of 
                                guaranteeing loans under clause 
                                (i).
                          (viii) Rules.--Not later than 270 
                        days after the date of enactment of 
                        this subparagraph, the Administrator 
                        shall promulgate rules to carry out 
                        this subparagraph.
          (32) Loans for energy efficient technologies.--
                  (A) Definitions.--In this paragraph--
                          (i) the term ``cost'' has the meaning 
                        given that term in section 502 of the 
                        Federal Credit Reform Act of 1990 (2 
                        U.S.C. 661a);
                          (ii) the term ``covered energy 
                        efficiency loan'' means a loan--
                                  (I) made under this 
                                subsection; and
                                  (II) the proceeds of which 
                                are used to purchase energy 
                                efficient designs, equipment, 
                                or fixtures, or to reduce the 
                                energy consumption of the 
                                borrower by 10 percent or more; 
                                and
                          (iii) the term ``pilot program'' 
                        means the pilot program established 
                        under subparagraph (B)
                  (B) Establishment.--The Administrator shall 
                establish and carry out a pilot program under 
                which the Administrator shall reduce the fees 
                for covered energy efficiency loans.
                  (C) Duration.--The pilot program shall 
                terminate at the end of the second full fiscal 
                year after the date that the Administrator 
                establishes the pilot program.
                  (D) Maximum participation.--A covered energy 
                efficiency loan shall include the maximum 
                participation levels by the Administrator 
                permitted for loans made under this subsection.
                  (E) Fees.--
                          (i) In general.--The fee on a covered 
                        energy efficiency loan shall be equal 
                        to 50 percent of the fee otherwise 
                        applicable to that loan under paragraph 
                        (18).
                          (ii) Waiver.--The Administrator may 
                        waive clause (i) for a fiscal year if--
                                  (I) for the fiscal year 
                                before that fiscal year, the 
                                annual rate of default of 
                                covered energy efficiency loans 
                                exceeds that of loans made 
                                under this subsection that are 
                                not covered energy efficiency 
                                loans;
                                  (II) the cost to the 
                                Administration of making loans 
                                under this subsection is 
                                greater than zero and such cost 
                                is directly attributable to the 
                                cost of making covered energy 
                                efficiency loans; and
                                  (III) no additional sources 
                                of revenue authority are 
                                available to reduce the cost of 
                                making loans under this 
                                subsection to zero.
                          (iii) Effect of waiver.--If the 
                        Administrator waives the reduction of 
                        fees under clause (ii), the 
                        Administrator--
                                  (I) shall not assess or 
                                collect fees in an amount 
                                greater than necessary to 
                                ensure that the cost of the 
                                program under this subsection 
                                is not greater than zero; and
                                  (II) shall reinstate the fee 
                                reductions under clause (i) 
                                when the conditions in clause 
                                (ii) no longer apply.
                          (iv) No increase of fees.--The 
                        Administrator shall not increase the 
                        fees under paragraph (18) on loans made 
                        under this subsection that are not 
                        covered energy efficiency loans as a 
                        direct result of the pilot program.
                  (F) GAO report.--
                          (i) In general.--Not later than 1 
                        year after the date that the pilot 
                        program terminates, the Comptroller 
                        General of the United States shall 
                        submit to the Committee on Small 
                        Business of the House of 
                        Representatives and the Committee on 
                        Small Business and Entrepreneurship of 
                        the Senate a report on the pilot 
                        program.
                          (ii) Contents.--The report submitted 
                        under clause (i) shall include--
                                  (I) the number of covered 
                                energy efficiency loans for 
                                which fees were reduced under 
                                the pilot program;
                                  (II) a description of the 
                                energy efficiency savings with 
                                the pilot program;
                                  (III) a description of the 
                                impact of the pilot program on 
                                the program under this 
                                subsection;
                                  (IV) an evaluation of the 
                                efficacy and potential fraud 
                                and abuse of the pilot program; 
                                and
                                  (V) recommendations for 
                                improving the pilot program.
          (33) Increased veteran participation program.--
                  (A) Definitions.--In this paragraph--
                          (i) the term ``cost'' has the meaning 
                        given that term in section 502 of the 
                        Federal Credit Reform Act of 1990 (2 
                        U.S.C. 661a);
                          (ii) the term ``pilot program'' means 
                        the pilot program established under 
                        subparagraph (B); and
                          (iii) the term ``veteran 
                        participation loan'' means a loan made 
                        under this subsection to a small 
                        business concern owned and controlled 
                        by veterans of the Armed Forces or 
                        members of the reserve components of 
                        the Armed Forces.
                  (B) Establishment.--The Administrator shall 
                establish and carry out a pilot program under 
                which the Administrator shall reduce the fees 
                for veteran participation loans.
                  (C) Duration.--The pilot program shall 
                terminate at the end of the second full fiscal 
                year after the date that the Administrator 
                establishes the pilot program.
                  (D) Maximum participation.--A veteran 
                participation loan shall include the maximum 
                participation levels by the Administrator 
                permitted for loans made under this subsection.
                  (E) Fees.--
                          (i) In general.--The fee on a veteran 
                        participation loan shall be equal to 50 
                        percent of the fee otherwise applicable 
                        to that loan under paragraph (18).
                          (ii) Waiver.--The Administrator may 
                        waive clause (i) for a fiscal year if--
                                  (I) for the fiscal year 
                                before that fiscal year, the 
                                annual estimated rate of 
                                default of veteran 
                                participation loans exceeds 
                                that of loans made under this 
                                subsection that are not veteran 
                                participation loans;
                                  (II) the cost to the 
                                Administration of making loans 
                                under this subsection is 
                                greater than zero and such cost 
                                is directly attributable to the 
                                cost of making veteran 
                                participation loans; and
                                  (III) no additional sources 
                                of revenue authority are 
                                available to reduce the cost of 
                                making loans under this 
                                subsection to zero.
                          (iii) Effect of waiver.--If the 
                        Administrator waives the reduction of 
                        fees under clause (ii), the 
                        Administrator--
                                  (I) shall not assess or 
                                collect fees in an amount 
                                greater than necessary to 
                                ensure that the cost of the 
                                program under this subsection 
                                is not greater than zero; and
                                  (II) shall reinstate the fee 
                                reductions under clause (i) 
                                when the conditions in clause 
                                (ii) no longer apply.
                          (iv) No increase of fees.--The 
                        Administrator shall not increase the 
                        fees under paragraph (18) on loans made 
                        under this subsection that are not 
                        veteran participation loans as a direct 
                        result of the pilot program.
                  (F) GAO report.--
                          (i) In general.--Not later than 1 
                        year after the date that the pilot 
                        program terminates, the Comptroller 
                        General of the United States shall 
                        submit to the Committee on Small 
                        Business of the House of 
                        Representatives and the Committee on 
                        Small Business and Entrepreneurship of 
                        the Senate a report on the pilot 
                        program.
                          (ii) Contents.--The report submitted 
                        under clause (i) shall include--
                                  (I) the number of veteran 
                                participation loans for which 
                                fees were reduced under the 
                                pilot program;
                                  (II) a description of the 
                                impact of the pilot program on 
                                the program under this 
                                subsection;
                                  (III) an evaluation of the 
                                efficacy and potential fraud 
                                and abuse of the pilot program; 
                                and
                                  (IV) recommendations for 
                                improving the pilot program.
          (34) Export express program.--
                  (A) Definitions.--In this paragraph--
                          (i) the term ``export development 
                        activity'' includes--
                                  (I) obtaining a standby 
                                letter of credit when required 
                                as a bid bond, performance 
                                bond, or advance payment 
                                guarantee;
                                  (II) participation in a trade 
                                show that takes place outside 
                                the United States;
                                  (III) translation of product 
                                brochures or catalogues for use 
                                in markets outside the United 
                                States;
                                  (IV) obtaining a general line 
                                of credit for export purposes;
                                  (V) performing a service 
                                contract from buyers located 
                                outside the United States;
                                  (VI) obtaining transaction-
                                specific financing associated 
                                with completing export orders;
                                  (VII) purchasing real estate 
                                or equipment to be used in the 
                                production of goods or services 
                                for export;
                                  (VIII) providing term loans 
                                or other financing to enable a 
                                small business concern, 
                                including an export trading 
                                company and an export 
                                management company, to develop 
                                a market outside the United 
                                States; and
                                  (IX) acquiring, constructing, 
                                renovating, modernizing, 
                                improving, or expanding a 
                                production facility or 
                                equipment to be used in the 
                                United States in the production 
                                of goods or services for 
                                export; and
                          (ii) the term ``express loan'' means 
                        a loan in which a lender uses to the 
                        maximum extent practicable the loan 
                        analyses, procedures, and documentation 
                        of the lender to provide expedited 
                        processing of the loan application.
                  (B) Authority.--The Administrator may 
                guarantee the timely payment of an express loan 
                to a small business concern made for an export 
                development activity.
                  (C) Level of participation.--
                          (i) Maximum amount.--The maximum 
                        amount of an express loan guaranteed 
                        under this paragraph shall be $500,000.
                          (ii) Percentage.--For an express loan 
                        guaranteed under this paragraph, the 
                        Administrator shall guarantee--
                                  (I) 90 percent of a loan that 
                                is not more than $350,000; and
                                  (II) 75 percent of a loan 
                                that is more than $350,000 and 
                                not more than $500,000.
  (b) Except as to agricultural enterprises as defined in 
section 18(b)(1) of this Act, the Administration also is 
empowered to the extent and in such amounts as provided in 
advance in appropriation Acts--
          (1)(A) to make such loans (either directly or in 
        cooperation with banks or other lending institutions 
        through agreements to participate on an immediate or 
        deferred (guaranteed) basis) as the Administration may 
        determine to be necessary or appropriate to repair, 
        rehabilitate or replace property, real or personal, 
        damaged or destroyed by or as a result of natural or 
        other disasters: Provided, That such damage or 
        destruction is not compensated for by insurance or 
        otherwise: And provided further, That the 
        Administration may increase the amount of the loan by 
        up to an additional 20 per centum of the aggregate 
        costs of such damage or destruction (whether or not 
        compensated for by insurance or otherwise) if it 
        determines such increase to be necessary or appropriate 
        in order to protect the damaged or destroyed property 
        from possible future disasters by taking mitigating 
        measures, including--
                  (i) construction of retaining walls and sea 
                walls;
                  (ii) grading and contouring land; and
                  (iii) relocating utilities and modifying 
                structures, including construction of a safe 
                room or similar storm shelter designed to 
                protect property and occupants from tornadoes 
                or other natural disasters, if such safe room 
                or similar storm shelter is constructed in 
                accordance with applicable standards issued by 
                the Federal Emergency Management Agency;
          (B) to refinance any mortgage or other lien against a 
        totally destroyed or substantially damaged home or 
        business concern: Provided, That no loan or guarantee 
        shall be extended unless the Administration finds that 
        (i) the applicant is not able to obtain credit 
        elsewhere; (ii) such property is to be repaired, 
        rehabilitated, or replaced; (iii) the amount refinanced 
        shall not exceed the amount of physical loss sustained; 
        and (iv) such amount shall be reduced to the extent 
        such mortgage or lien is satisfied by insurance or 
        otherwise; and
          (C) during fiscal years 2000 through 2004, to 
        establish a predisaster mitigation program to make such 
        loans (either directly or in cooperation with banks or 
        other lending institutions through agreements to 
        participate on an immediate or deferred (guaranteed) 
        basis), as the Administrator may determine to be 
        necessary or appropriate, to enable small businesses to 
        use mitigation techniques in support of a formal 
        mitigation program established by the Federal Emergency 
        Management Agency, except that no loan or guarantee may 
        be extended to a small business under this subparagraph 
        unless the Administration finds that the small business 
        is otherwise unable to obtain credit for the purposes 
        described in this subparagraph;
          (2) to make sure loans (either directly or in 
        cooperation with banks or other lending institutions 
        through agreements to participate on an immediate or 
        deferred (guaranteed) basis) as the Administration may 
        determine to be necessary or appropriate to any small 
        business concern, private nonprofit organization, or 
        small agricultural cooperative located in an area 
        affected by a disaster, (including drought), with 
        respect to both farm-related and nonfarm-related small 
        business concerns, if the Administration determines 
        that the concern, the organization, or the cooperative 
        has suffered a substantial economic injury as a result 
        of such disaster and if such disaster constitutes--
                  (A) a major disaster, as determined by the 
                President under the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 
                5121 et seq.); or
                  (B) a natural disaster, as determined by the 
                Secretary of Agriculture pursuant to section 
                321 of the Consolidated Farm and Rural 
                Development Act (7 U.S.C. 1961), in which case, 
                assistance under this paragraph may be provided 
                to farm-related and nonfarm-related small 
                business concerns, subject to the other 
                applicable requirements of this paragraph; or
                  (C) a disaster, as determined by the 
                Administrator of the Small Business 
                Administration; or
                  (D) if no disaster declaration has been 
                issued pursuant to subparagraph (A), (B), or 
                (C), the Governor of a State in which a 
                disaster has occurred may certify to the Small 
                Business Administration that small business 
                concerns, private nonprofit organizations, or 
                small agricultural cooperatives (1) have 
                suffered economic injury as a result of such 
                disaster, and (2) are in need of financial 
                assistance which is not available on reasonable 
                terms in the disaster stricken area. Not later 
                than 30 days after the date of receipt of such 
                certification by a Governor of a State, the 
                Administration shall respond in writing to that 
                Governor on its determination and the reasons 
                therefore, and may then make such loans as 
                would have been available under this paragraph 
                if a disaster declaration had been issued.
         Provided, That no loan or guarantee shall be extended 
        pursuant to this paragraph (2) unless the 
        Administration finds that the applicant is not able to 
        obtain credit elsewhere.
          (3)(A) In this paragraph--
                  (i) the term ``essential employee'' means an 
                individual who is employed by a small business 
                concern and whose managerial or technical 
                expertise is critical to the successful day-to-
                day operations of that small business concern;
                  (ii) the term ``period of military conflict'' 
                has the meaning given the term in subsection 
                (n)(1); and
                  (iii) the term ``substantial economic 
                injury'' means an economic harm to a business 
                concern that results in the inability of the 
                business concern--
                          (I) to meet its obligations as they 
                        mature;
                          (II) to pay its ordinary and 
                        necessary operating expenses; or
                          (III) to market, produce, or provide 
                        a product or service ordinarily 
                        marketed, produced, or provided by the 
                        business concern.
          (B) The Administration may make such disaster loans 
        (either directly or in cooperation with banks or other 
        lending institutions through agreements to participate 
        on an immediate or deferred basis) to assist a small 
        business concern that has suffered or that is likely to 
        suffer substantial economic injury as the result of an 
        essential employee of such small business concern being 
        ordered to active military duty during a period of 
        military conflict.
          (C) A small business concern described in 
        subparagraph (B) shall be eligible to apply for 
        assistance under this paragraph during the period 
        beginning on the date on which the essential employee 
        is ordered to active duty and ending on the date that 
        is 1 year after the date on which such essential 
        employee is discharged or released from active duty. 
        The Administrator may, when appropriate (as determined 
        by the Administrator), extend the ending date specified 
        in the preceding sentence by not more than 1 year.
          (D) Any loan or guarantee extended pursuant to this 
        paragraph shall be made at the same interest rate as 
        economic injury loans under paragraph (2).
          (E) No loan may be made under this paragraph, either 
        directly or in cooperation with banks or other lending 
        institutions through agreements to participate on an 
        immediate or deferred basis, if the total amount 
        outstanding and committed to the borrower under this 
        subsection would exceed $1,500,000, unless such 
        applicant constitutes, or have become due to changed 
        economic circumstances, a major source of employment in 
        its surrounding area, as determined by the 
        Administration, in which case the Administration, in 
        its discretion, may waive the $1,500,000 limitation.
          (F) For purposes of assistance under this paragraph, 
        no declaration of a disaster area shall be required.
                  (G)(i) Notwithstanding any other provision of 
                law, the Administrator may make a loan under 
                this paragraph of not more than $50,000 without 
                collateral.
                  (ii) The Administrator may defer payment of 
                principal and interest on a loan described in 
                clause (i) during the longer of--
                          (I) the 1-year period beginning on 
                        the date of the initial disbursement of 
                        the loan; and
                          (II) the period during which the 
                        relevant essential employee is on 
                        active duty.
                  (H) The Administrator shall give priority to 
                any application for a loan under this paragraph 
                and shall process and make a determination 
                regarding such applications prior to processing 
                or making a determination on other loan 
                applications under this subsection, on a 
                rolling basis.
          (4) Coordination with fema.--
                  (A) In general.--Notwithstanding any other 
                provision of law, for any disaster declared 
                under this subsection or major disaster 
                (including any major disaster relating to which 
                the Administrator declares eligibility for 
                additional disaster assistance under paragraph 
                (9)), the Administrator, in consultation with 
                the Administrator of the Federal Emergency 
                Management Agency, shall ensure, to the maximum 
                extent practicable, that all application 
                periods for disaster relief under this Act 
                correspond with application deadlines 
                established under the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5121 et seq.), or as extended by the 
                President.
                  (B) Deadlines.--Notwithstanding any other 
                provision of law, not later than 10 days before 
                the closing date of an application period for a 
                major disaster (including any major disaster 
                relating to which the Administrator declares 
                eligibility for additional disaster assistance 
                under paragraph (9)), the Administrator, in 
                consultation with the Administrator of the 
                Federal Emergency Management Agency, shall 
                submit to the Committee on Small Business and 
                Entrepreneurship of the Senate and the 
                Committee on Small Business of the House of 
                Representatives a report that includes--
                          (i) the deadline for submitting 
                        applications for assistance under this 
                        Act relating to that major disaster;
                          (ii) information regarding the number 
                        of loan applications and disbursements 
                        processed by the Administrator relating 
                        to that major disaster for each day 
                        during the period beginning on the date 
                        on which that major disaster was 
                        declared and ending on the date of that 
                        report; and
                          (iii) an estimate of the number of 
                        potential applicants that have not 
                        submitted an application relating to 
                        that major disaster.
          (5) Public awareness of disasters.--If a disaster is 
        declared under this subsection or the Administrator 
        declares eligibility for additional disaster assistance 
        under paragraph (9), the Administrator shall make every 
        effort to communicate through radio, television, print, 
        and web-based outlets, all relevant information needed 
        by disaster loan applicants, including--
                  (A) the date of such declaration;
                  (B) cities and towns within the area of such 
                declaration;
                  (C) loan application deadlines related to 
                such disaster;
                  (D) all relevant contact information for 
                victim services available through the 
                Administration (including links to small 
                business development center websites);
                  (E) links to relevant Federal and State 
                disaster assistance websites, including links 
                to websites providing information regarding 
                assistance available from the Federal Emergency 
                Management Agency;
                  (F) information on eligibility criteria for 
                Administration loan programs, including where 
                such applications can be found; and
                  (G) application materials that clearly state 
                the function of the Administration as the 
                Federal source of disaster loans for homeowners 
                and renters.
          (6) Authority for qualified private contractors.--
                  (A) Disaster loan processing.--The 
                Administrator may enter into an agreement with 
                a qualified private contractor, as determined 
                by the Administrator, to process loans under 
                this subsection in the event of a major 
                disaster (including any major disaster relating 
                to which the Administrator declares eligibility 
                for additional disaster assistance under 
                paragraph (9)), under which the Administrator 
                shall pay the contractor a fee for each loan 
                processed.
                  (B) Loan loss verification services.--The 
                Administrator may enter into an agreement with 
                a qualified lender or loss verification 
                professional, as determined by the 
                Administrator, to verify losses for loans under 
                this subsection in the event of a major 
                disaster (including any major disaster relating 
                to which the Administrator declares eligibility 
                for additional disaster assistance under 
                paragraph (9)), under which the Administrator 
                shall pay the lender or verification 
                professional a fee for each loan for which such 
                lender or verification professional verifies 
                losses.
          (7) Disaster assistance employees.--
                  (A) In general.--In carrying out this 
                section, the Administrator may, where 
                practicable, ensure that the number of full-
                time equivalent employees--
                          (i) in the Office of the Disaster 
                        Assistance is not fewer than 800; and
                          (ii) in the Disaster Cadre of the 
                        Administration is not fewer than 1,000.
                  (B) Report.--In carrying out this subsection, 
                if the number of full-time employees for either 
                the Office of Disaster Assistance or the 
                Disaster Cadre of the Administration is below 
                the level described in subparagraph (A) for 
                that office, not later than 21 days after the 
                date on which that staffing level decreased 
                below the level described in subparagraph (A), 
                the Administrator shall submit to the Committee 
                on Appropriations and the Committee on Small 
                Business and Entrepreneurship of the Senate and 
                the Committee on Appropriations and Committee 
                on Small Business of the House of 
                Representatives, a report--
                          (i) detailing staffing levels on that 
                        date;
                          (ii) requesting, if practicable and 
                        determined appropriate by the 
                        Administrator, additional funds for 
                        additional employees; and
                          (iii) containing such additional 
                        information, as determined appropriate 
                        by the Administrator.
          (8) Increased loan caps.--
                  (A) Aggregate loan amounts.--Except as 
                provided in subparagraph (B), and 
                notwithstanding any other provision of law, the 
                aggregate loan amount outstanding and committed 
                to a borrower under this subsection may not 
                exceed $2,000,000.
                  (B) Waiver authority.--The Administrator may, 
                at the discretion of the Administrator, 
                increase the aggregate loan amount under 
                subparagraph (A) for loans relating to a 
                disaster to a level established by the 
                Administrator, based on appropriate economic 
                indicators for the region in which that 
                disaster occurred.
          (9) Declaration of eligibility for additional 
        disaster assistance.--
                  (A) In general.--If the President declares a 
                major disaster, the Administrator may declare 
                eligibility for additional disaster assistance 
                in accordance with this paragraph.
                  (B) Threshold.--A major disaster for which 
                the Administrator declares eligibility for 
                additional disaster assistance under this 
                paragraph shall--
                          (i) have resulted in extraordinary 
                        levels of casualties or damage or 
                        disruption severely affecting the 
                        population (including mass 
                        evacuations), infrastructure, 
                        environment, economy, national morale, 
                        or government functions in an area;
                          (ii) be comparable to the description 
                        of a catastrophic incident in the 
                        National Response Plan of the 
                        Administration, or any successor 
                        thereto, unless there is no successor 
                        to such plan, in which case this clause 
                        shall have no force or effect; and
                          (iii) be of such size and scope 
                        that--
                                  (I) the disaster assistance 
                                programs under the other 
                                paragraphs under this 
                                subsection are incapable of 
                                providing adequate and timely 
                                assistance to individuals or 
                                business concerns located 
                                within the disaster area; or
                                  (II) a significant number of 
                                business concerns outside the 
                                disaster area have suffered 
                                disaster-related substantial 
                                economic injury as a result of 
                                the incident.
                  (C) Additional economic injury disaster loan 
                assistance.--
                          (i) In general.--If the Administrator 
                        declares eligibility for additional 
                        disaster assistance under this 
                        paragraph, the Administrator may make 
                        such loans under this subparagraph 
                        (either directly or in cooperation with 
                        banks or other lending institutions 
                        through agreements to participate on an 
                        immediate or deferred basis) as the 
                        Administrator determines appropriate to 
                        eligible small business concerns 
                        located anywhere in the United States.
                          (ii) Processing time.--
                                  (I) In general.--If the 
                                Administrator determines that 
                                the average processing time for 
                                applications for disaster loans 
                                under this subparagraph 
                                relating to a specific major 
                                disaster is more than 15 days, 
                                the Administrator shall give 
                                priority to the processing of 
                                such applications submitted by 
                                eligible small business 
                                concerns located inside the 
                                disaster area, until the 
                                Administrator determines that 
                                the average processing time for 
                                such applications is not more 
                                than 15 days.
                                  (II) Suspension of 
                                applications from outside 
                                disaster area.--If the 
                                Administrator determines that 
                                the average processing time for 
                                applications for disaster loans 
                                under this subparagraph 
                                relating to a specific major 
                                disaster is more than 30 days, 
                                the Administrator shall suspend 
                                the processing of such 
                                applications submitted by 
                                eligible small business 
                                concerns located outside the 
                                disaster area, until the 
                                Administrator determines that 
                                the average processing time for 
                                such applications is not more 
                                than 15 days.
                          (iii) Loan terms.--A loan under this 
                        subparagraph shall be made on the same 
                        terms as a loan under paragraph (2).
                  (D) Definitions.--In this paragraph--
                          (i) the term ``disaster area'' means 
                        the area for which the applicable major 
                        disaster was declared;
                          (ii) the term ``disaster-related 
                        substantial economic injury'' means 
                        economic harm to a business concern 
                        that results in the inability of the 
                        business concern to--
                                  (I) meet its obligations as 
                                it matures;
                                  (II) meet its ordinary and 
                                necessary operating expenses; 
                                or
                                  (III) market, produce, or 
                                provide a product or service 
                                ordinarily marketed, produced, 
                                or provided by the business 
                                concern because the business 
                                concern relies on materials 
                                from the disaster area or sells 
                                or markets in the disaster 
                                area; and
                          (iii) the term ``eligible small 
                        business concern'' means a small 
                        business concern--
                                  (I) that has suffered 
                                disaster-related substantial 
                                economic injury as a result of 
                                the applicable major disaster; 
                                and
                                  (II)(aa) for which not less 
                                than 25 percent of the market 
                                share of that small business 
                                concern is from business 
                                transacted in the disaster 
                                area;
                                  (bb) for which not less than 
                                25 percent of an input into a 
                                production process of that 
                                small business concern is from 
                                the disaster area; or
                                  (cc) that relies on a 
                                provider located in the 
                                disaster area for a service 
                                that is not readily available 
                                elsewhere.
          (10) Reducing closing and disbursement delays.--The 
        Administrator shall provide a clear and concise 
        notification on all application materials for loans 
        made under this subsection and on relevant websites 
        notifying an applicant that the applicant may submit 
        all documentation necessary for the approval of the 
        loan at the time of application and that failure to 
        submit all documentation could delay the approval and 
        disbursement of the loan.
          (11) Increasing transparency in loan approvals.--The 
        Administrator shall establish and implement clear, 
        written policies and procedures for analyzing the 
        ability of a loan applicant to repay a loan made under 
        this subsection.
          (12) Additional awards to small business development 
        centers, women's business centers, and score for 
        disaster recovery.--
                  (A) In general.--The Administration may 
                provide financial assistance to a small 
                business development center, a women's business 
                center described in section 29, the Service 
                Corps of Retired Executives, or any proposed 
                consortium of such individuals or entities to 
                spur disaster recovery and growth of small 
                business concerns located in an area for which 
                the President has declared a major disaster.
                  (B) Form of financial assistance.--Financial 
                assistance provided under this paragraph shall 
                be in the form of a grant, contract, or 
                cooperative agreement.
                  (C) No matching funds required.--Matching 
                funds shall not be required for any grant, 
                contract, or cooperative agreement under this 
                paragraph.
                  (D) Requirements.--A recipient of financial 
                assistance under this paragraph shall provide 
                counseling, training, and other related 
                services, such as promoting long-term 
                resiliency, to small business concerns and 
                entrepreneurs impacted by a major disaster.
                  (E) Performance.--
                          (i) In general.--The Administrator, 
                        in cooperation with the recipients of 
                        financial assistance under this 
                        paragraph, shall establish metrics and 
                        goals for performance of grants, 
                        contracts, and cooperative agreements 
                        under this paragraph, which shall 
                        include recovery of sales, recovery of 
                        employment, reestablishment of business 
                        premises, and establishment of new 
                        small business concerns.
                          (ii) Use of estimates.--The 
                        Administrator shall base the goals and 
                        metrics for performance established 
                        under clause (i), in part, on the 
                        estimates of disaster impact prepared 
                        by the Office of Disaster Assistance 
                        for purposes of estimating loan-making 
                        requirements.
                  (F) Term.--
                          (i) In general.--The term of any 
                        grant, contract, or cooperative 
                        agreement under this paragraph shall be 
                        for not more than 2 years.
                          (ii) Extension.--The Administrator 
                        may make 1 extension of a grant, 
                        contract, or cooperative agreement 
                        under this paragraph for a period of 
                        not more than 1 year, upon a showing of 
                        good cause and need for the extension.
                  (G) Exemption from other program 
                requirements.--Financial assistance provided 
                under this paragraph is in addition to, and 
                wholly separate from, any other form of 
                assistance provided by the Administrator under 
                this Act.
                  (H) Competitive basis.--The Administration 
                shall award financial assistance under this 
                paragraph on a competitive basis.
          (13) Supplemental assistance for contractor 
        malfeasance.--
                  (A) In general.--If a contractor or other 
                person engages in malfeasance in connection 
                with repairs to, rehabilitation of, or 
                replacement of real or personal property 
                relating to which a loan was made under this 
                subsection and the malfeasance results in 
                substantial economic damage to the recipient of 
                the loan or substantial risks to health or 
                safety, upon receiving documentation of the 
                substantial economic damage or the substantial 
                risk to health and safety from an independent 
                loss verifier, and subject to subparagraph (B), 
                the Administrator may increase the amount of 
                the loan under this subsection, as necessary 
                for the cost of repairs, rehabilitation, or 
                replacement needed to address the cause of the 
                economic damage or health or safety risk.
                  (B) Requirements.--The Administrator may only 
                increase the amount of a loan under 
                subparagraph (A) upon receiving an appropriate 
                certification from the borrower and person 
                performing the mitigation attesting to the 
                reasonableness of the mitigation costs and an 
                assignment of any proceeds received from the 
                person engaging in the malfeasance. The 
                assignment of proceeds recovered from the 
                person engaging in the malfeasance shall be 
                equal to the amount of the loan under this 
                section. Any mitigation activities shall be 
                subject to audit and independent verification 
                of completeness and cost reasonableness.
          (14) Business recovery centers.--
                  (A) In general.--The Administrator, acting 
                through the district offices of the 
                Administration, shall identify locations that 
                may be used as recovery centers by the 
                Administration in the event of a disaster 
                declared under this subsection or a major 
                disaster.
                  (B) Requirements for identification.--Each 
                district office of the Administration shall--
                          (i) identify a location described in 
                        subparagraph (A) in each county, 
                        parish, or similar unit of general 
                        local government in the area served by 
                        the district office; and
                          (ii) ensure that the locations 
                        identified under subparagraph (A) may 
                        be used as a recovery center without 
                        cost to the Government, to the extent 
                        practicable.
          (15) Increased oversight of economic injury disaster 
        loans.--The Administrator shall increase oversight of 
        entities receiving loans under paragraph (2), and may 
        consider--
                  (A) scheduled site visits to ensure borrower 
                eligibility and compliance with requirements 
                established by the Administrator; and
                  (B) reviews of the use of the loan proceeds 
                by an entity described in paragraph (2) to 
                ensure compliance with requirements established 
                by the Administrator.
   No loan under this subsection, including renewals and 
extensions thereof, may be made for a period or periods 
exceeding thirty years: Provided, That the Administrator may 
consent to a suspension in the payment of principal and 
interest charges on, and to an extension in the maturity of, 
the Federal share of any loan under this subsection for a 
period not to exceed five years, if (A) the borrower under such 
loan is a homeowner or a small business concern, (B) the loan 
was made to enable (i) such homeowner to repair or replace his 
home, or (ii) such concern to repair or replace plant or 
equipment which was damaged or destroyed as the result of a 
disaster meeting the requirements of clause (A) or (B) of 
paragraph (2) of this subsection, and (C) the Administrator 
determines such action is necessary to avoid severe financial 
hardship: Provided further, That the provisions of paragraph 
(1) of subsection (d) of this section shall not be applicable 
to any such loan having a maturity in excess of twenty years. 
Notwithstanding any other provision of law, and except as 
provided in subsection (d), the interest rate on the 
Administration's share of any loan made under subsection (b), 
shall not exceed the average annual interest rate on all 
interest-bearing obligations of the United States then forming 
a part of the public debt as computed at the end of the fiscal 
year next preceding the date of the loan and adjusted to the 
nearest one-eight of 1 per centum plus one-quarter of 1 per 
centum: Provided, however, That the interest rate for loans 
made under paragraphs (1) and (2) hereof shall not exceed the 
rate of interest which is in effect at the time of the 
occurrence of the disaster. In agreements to participate in 
loans on a deferred basis under this subsection, such 
participation by the Administration shall not be in excess of 
90 per centum of the balance of the loan outstanding at the 
time of disbursement. Notwithstanding any other provision of 
law, the interest rate on the Administration's share of any 
loan made pursuant to paragraph (1) of this subsection to 
repair or replace a primary residence and/or replace or repair 
damaged or destroyed personal property, less the amount of 
compensation by insurance or otherwise, with respect to a 
disaster occurring on or after July 1, 1976, and prior to 
October 1, 1978, shall be: 1 per centum on the amount of such 
loan not exceeding $10,000, and 3 per centum on the amount of 
such loan over $10,000 but not exceeding $40,000. The interest 
rate on the Administration's share of the first $250,000 of all 
other loans made pursuant to paragraph (1) of this subsection, 
with respect to a disaster occurring on or after July 1, 1976, 
and prior to October 1, 1978, shall be 3 per centum. All 
repayments of principal on the Administration's share of any 
loan made under the above provisions shall first be applied to 
reduce the principal sum of such loan which bears interest at 
the lower rates provided in this paragraph. The principal 
amount of any loan made pursuant to paragraph (1) in connection 
with a disaster which occurs on or after April 1, 1977, but 
prior to January 1, 1978, may be increased by such amount, but 
not more than $2,000, as the Administration determines to be 
reasonable in light of the amount and nature of loss, damage, 
or injury sustained in order to finance the installation of 
insulation in the property which was lost, damaged, or injured, 
if the uninsured, damaged portion of the property is 10 per 
centum or more of the market value of the property at the time 
of the disaster. No later than June 1, 1978, the Administration 
shall prepare and transmit to the Select Committee on Small 
Business of the Senate, the Committee on Small Business of the 
House of Representatives, and the Committee of the Senate and 
House of Representatives having jurisdiction over measures 
relating to energy conservation, a report on its activities 
under this paragraph, including therein an evaluation of the 
effect of such activities on encouraging the installation of 
insulation in property which is repaired or replaced after a 
disaster which is subject to this paragraph, and its 
recommendations with respect to the continuation, modification, 
or termination of such activities.
   In the administration of the disaster loan program under 
paragraphs (1) and (2) of this subsection, in the case of 
property loss or damage or injury resulting from a major 
disaster as determined by the President or a disaster as 
determined by the Administrator which occurs on or after 
January 1, 1971, and prior to July 1, 1973, the Small Business 
Administration, to the extent such loss or damage or injury is 
not compensated for by insurance or otherwise--
          (A) may make any loan for repair, rehabilitation, or 
        replacement of property damaged or destroyed without 
        regard to whether the required financial assistance is 
        otherwise available from private sources;
          (B) may, in the case of the total destruction or 
        substantial property damage of a home or business 
        concern, refinance any mortgage or other liens 
        outstanding against the destroyed or damaged property 
        if such project is to be repaired, rehabilitated, or 
        replaced, except that (1) in the case of a business 
        concern, the amount refinanced shall not exceed the 
        amount of the physical loss sustained, and (2) in the 
        case of a home, the amount of each monthly payment of 
        principal and interest on the loan after refinancing 
        under this clause shall be not less than the amount of 
        each such payment made prior to such refinancing;
          (C) may, in the case of a loan made under clause (A) 
        or a mortgage or other lien refinanced under clause (B) 
        in connection with the destruction of, or substantial 
        damage to, property owned and used as a residence by an 
        individual who by reason of retirement, disability, or 
        other similar circumstances relies for support on 
        survivor, disability, or retirement benefits under a 
        pension, insurance, or other program, consent to the 
        suspension of the payments of the principal of that 
        loan, mortgage, or lien during the lifetime of that 
        individual and his souse for so long as the 
        Administration determines that making such payments 
        would constitute a substantial hardship;
          (D) shall, notwithstanding the provisions of any 
        other law and upon presentation by the applicant of 
        proof of loss or damage or injury and a bona fide 
        estimate of cost of repair, rehabilitation, or 
        replacement, cancel the principal of any loan made to 
        cover a loss or damage or injury resulting from such 
        disaster, except that--
                  (i) with respect to a loan made in connection 
                with a disaster occurring on or after January 
                1, 1971 but prior to January 1, 1972, the total 
                amount so canceled shall not exceed $2,500, and 
                the interest on the balance of the loan shall 
                be at a rate of 3 per centum per annum; and
                  (ii) with respect to a loan made in 
                connection with a disaster occurring on or 
                after January 1, 1972 but prior to July 1, 
                1973, the total amount so canceled shall not 
                exceed $5,000, and the interest on the balance 
                of the loan shall be at a rate of 1 per centum 
                per annum.
  With respect to any loan referred to in clause (D) which is 
outstanding on the date of enactment of this paragraph, the 
Administrator shall--
          (i) make sure change in the interest rate on the 
        balance of such loan as is required under that clause 
        effective as of such date of enactment; and
          (ii) in applying the limitation set forth in that 
        clause with respect to the total amount of such loan 
        which may be canceled, consider as part of the amount 
        so canceled any part of such loan which was previously 
        canceled pursuant to section 231 of the Disaster Relief 
        Act of 1970.
  Whoever wrongfully misapplies the proceeds of a loan obtained 
under this subsection shall be civilly liable to the 
Administrator in an amount equal to one-and-one-half times the 
original principal amount of the loan.
          (E) A State grant made on or prior to July 1, 1979, 
        shall not be considered compensation for the purpose of 
        applying the provisions of section 312(a) of the 
        Disaster Relief and Emergency Assistance Act to a 
        disaster loan under paragraph (1) (2)of this 
        subsection.
  (c) Private Disaster Loans.--
          (1) Definitions.--In this subsection--
                  (A) the term ``disaster area'' means any area 
                for which the President declared a major 
                disaster relating to which the Administrator 
                declares eligibility for additional disaster 
                assistance under subsection (b)(9), during the 
                period of that major disaster declaration;
                  (B) the term ``eligible individual'' means an 
                individual who is eligible for disaster 
                assistance under subsection (b)(1) relating to 
                a major disaster relating to which the 
                Administrator declares eligibility for 
                additional disaster assistance under subsection 
                (b)(9);
                  (C) the term ``eligible small business 
                concern'' means a business concern that is--
                          (i) a small business concern, as 
                        defined under this Act; or
                          (ii) a small business concern, as 
                        defined in section 103 of the Small 
                        Business Investment Act of 1958;
                  (D) the term ``preferred lender'' means a 
                lender participating in the Preferred Lender 
                Program;
                  (E) the term ``Preferred Lender Program'' has 
                the meaning given that term in subsection 
                (a)(2)(C)(ii); and
                  (F) the term ``qualified private lender'' 
                means any privately-owned bank or other lending 
                institution that--
                          (i) is not a preferred lender; and
                          (ii) the Administrator determines 
                        meets the criteria established under 
                        paragraph (10).
          (2) Program required.--The Administrator shall carry 
        out a program, to be known as the Private Disaster 
        Assistance program, under which the Administration may 
        guarantee timely payment of principal and interest, as 
        scheduled, on any loan made to an eligible small 
        business concern located in a disaster area and to an 
        eligible individual.
          (3) Use of loans.--A loan guaranteed by the 
        Administrator under this subsection may be used for any 
        purpose authorized under subsection (b).
          (4) Online applications.--
                  (A) Establishment.--The Administrator may 
                establish, directly or through an agreement 
                with another entity, an online application 
                process for loans guaranteed under this 
                subsection.
                  (B) Other federal assistance.--The 
                Administrator may coordinate with the head of 
                any other appropriate Federal agency so that 
                any application submitted through an online 
                application process established under this 
                paragraph may be considered for any other 
                Federal assistance program for disaster relief.
                  (C) Consultation.--In establishing an online 
                application process under this paragraph, the 
                Administrator shall consult with appropriate 
                persons from the public and private sectors, 
                including private lenders.
          (5) Maximum amounts.--
                  (A) Guarantee percentage.--The Administrator 
                may guarantee not more than 85 percent of a 
                loan under this subsection.
                  (B) Loan amount.--The maximum amount of a 
                loan guaranteed under this subsection shall be 
                $2,000,000.
          (6) Terms and conditions.--A loan guaranteed under 
        this subsection shall be made under the same terms and 
        conditions as a loan under subsection (b).
          (7) Lenders.--
                  (A) In general.--A loan guaranteed under this 
                subsection made to--
                          (i) a qualified individual may be 
                        made by a preferred lender; and
                          (ii) a qualified small business 
                        concern may be made by a qualified 
                        private lender or by a preferred lender 
                        that also makes loans to qualified 
                        individuals.
                  (B) Compliance.--If the Administrator 
                determines that a preferred lender knowingly 
                failed to comply with the underwriting 
                standards for loans guaranteed under this 
                subsection or violated the terms of the 
                standard operating procedure agreement between 
                that preferred lender and the Administration, 
                the Administrator shall do 1 or more of the 
                following:
                          (i) Exclude the preferred lender from 
                        participating in the program under this 
                        subsection.
                          (ii) Exclude the preferred lender 
                        from participating in the Preferred 
                        Lender Program for a period of not more 
                        than 5 years.
          (8) Fees.--
                  (A) In general.--The Administrator may not 
                collect a guarantee fee under this subsection.
                  (B) Origination fee.--The Administrator may 
                pay a qualified private lender or preferred 
                lender an origination fee for a loan guaranteed 
                under this subsection in an amount agreed upon 
                in advance between the qualified private lender 
                or preferred lender and the Administrator.
          (9) Documentation.--A qualified private lender or 
        preferred lender may use its own loan documentation for 
        a loan guaranteed by the Administrator under this 
        subsection, to the extent authorized by the 
        Administrator. The ability of a lender to use its own 
        loan documentation for a loan guaranteed under this 
        subsection shall not be considered part of the criteria 
        for becoming a qualified private lender under the 
        regulations promulgated under paragraph (10).
          (10) Implementation regulations.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of the Small Business 
                Disaster Response and Loan Improvements Act of 
                2008, the Administrator shall issue final 
                regulations establishing permanent criteria for 
                qualified private lenders.
                  (B) Report to congress.--Not later than 6 
                months after the date of enactment of the Small 
                Business Disaster Response and Loan 
                Improvements Act of 2008, the Administrator 
                shall submit a report on the progress of the 
                regulations required by subparagraph (A) to the 
                Committee on Small Business and 
                Entrepreneurship of the Senate and the 
                Committee on Small Business of the House of 
                Representatives.
          (11) Authorization of appropriations.--
                  (A) In general.--Amounts necessary to carry 
                out this subsection shall be made available 
                from amounts appropriated to the Administration 
                to carry out subsection (b).
                  (B) Authority to reduce interest rates and 
                other terms and conditions.--Funds appropriated 
                to the Administration to carry out this 
                subsection, may be used by the Administrator to 
                meet the loan terms and conditions specified in 
                paragraph (6).
          (12) Purchase of loans.--The Administrator may enter 
        into an agreement with a qualified private lender or 
        preferred lender to purchase any loan guaranteed under 
        this subsection.
  (d)(1) The Administration may further extend the maturity of 
or renew any loan made pursuant to this section, or any loan 
transferred to the Administration pursuant to Reorganization 
Plan Numbered 2 of 1954, or Reorganization Plan Numbered 1 of 
1957, for additional periods not to exceed ten years beyond the 
period stated therein, if such extension or renewal will aid in 
the orderly liquidation of such loan.
          (2) During any period in which principal and interest 
        charges are suspended on the Federal share of any loan, 
        as provided in subsection (b), the Administrator shall, 
        upon the request of any person, firm, or corporation 
        having a participation in such loan, purchase such 
        participation, or assume the obligation of the 
        borrower, for the balance of such period, to make 
        principal and interest payments on the non-Federal 
        share of such loan: Provided, That no such payments 
        shall be made by the Administrator in behalf of any 
        borrower unless (i) the Administrator determines that 
        such action is necessary in order to avoid a default, 
        and (ii) the borrower agrees to make payments to the 
        Administration in an agreegate amount equal to the 
        amount paid in its behalf by the Administrator, in such 
        manner and at such time (during or after the term of 
        the loan) as the Administrator shall determine having 
        due regard to the purposes sought to be achieved by 
        this paragraph.
          (3) With respect to a disaster occurring on or after 
        October 1, 1978, and prior the effective date of this 
        Act, on the Administration's share of loans made 
        pursuant to paragraph (1) of subsection (b)--
                          (A) if the loan proceeds are to 
                        repair or replace a primary residence 
                        and/or repair or replace damaged or 
                        destroyed personal property, the 
                        interest rate shall be 3 percent on the 
                        first $55,000 of such loan;
                          (B) if the loan proceeds are to 
                        repair or replace property damaged or 
                        destroyed and if the applicant is a 
                        business concern which is unable to 
                        obtain sufficient credit elsewhere, the 
                        interest rate shall be as determined by 
                        the Administration, but not in excess 
                        of 5 percent per annum; and
                  (C) if the loan proceeds are to repair or 
                replace property damaged or destroyed and if 
                the applicant is a business concern which is 
                able to obtain sufficient credit elsewhere, the 
                interest rate shall not exceed the current 
                average market yield on outstanding marketable 
                obligations of the United States with remaining 
                periods to maturity comparable to the average 
                maturities of such loans and adjusted to the 
                nearest one-eight of 1 percent, and an 
                additional amount as determined by the 
                Administration, but not to exceed 1 percent: 
                Provided, That three years after such loan is 
                fully disbursed and every two years thereafter 
                for the term of the loan, if the Administration 
                determines that the borrower is able to obtain 
                a loan from one-Federal sources at reasonable 
                rates and terms for loans of similar purposes 
                and periods of time, the borrower shall, upon 
                request by the Administration, apply for and 
                accept such a loan in sufficient amount to 
                repay the Administration: Provided further, 
                That no loan under subsection (b)(1) shall be 
                made, either directly or in cooperation with 
                banks or other lending institutions through 
                agreements to participate on an immediate or 
                deferred basis, if the total amount outstanding 
                and committed to the borrower under such 
                subsection would exceed $500,000 for each 
                disaster, unless an applicant constitutes a 
                major source of employment in an area suffering 
                a disaster, in which case the Administration, 
                in its discretion, may waive the $500,000 
                limitation.
          (4) Notwithstanding the provisions of any other law, 
        the interest rate on the Federal share of any loan made 
        under subsection (b) shall be--
                  (A) in the case of a homeowner unable to 
                secure credit elsewhere, the rate prescribed by 
                the Administration but not more than one-half 
                the rate determined by the Secretary of the 
                Treasury taking into consideration the current 
                average market yield on outstanding marketable 
                obligations of the United States with remaining 
                periods to maturity comparable to the average 
                maturities of such loans plus an additional 
                charge of not to exceed 1 per centum per annum 
                as determined by the Administrator, and 
                adjusted to the nearest one-eight of 1 per 
                centum but not to exceed 8 per centum per 
                annum;
                  (B) in the case of a homeowner able to secure 
                credit elsewhere, the rate prescribed by the 
                Administration but not more than the rate 
                determined by the Secretary of the Treasury 
                taking into consideration the current average 
                market yield on outstanding marketable 
                obligations of the United States with remaining 
                periods to maturity comparable to the average 
                maturities of such loans plus an additional 
                charge of not to exceed 1 per centum per annum 
                as determined by the Administrator, and 
                adjusted to the nearest one-eighth of 1 per 
                centum;
                  (C) in the case of a business concern unable 
                to obtain credit elsewhere, not to exceed 8 per 
                centum per annum;
                  (D) in the case of a business concern able to 
                obtain credit elsewhere, the rate prescribed by 
                the Administration but not in excess of the 
                rate prevailing in private market for similar 
                loans and not more than the rate prescribed by 
                the Administration as the maximum interest rate 
                for deferred participation (guaranteed) loans 
                under section 7(a) of this Act. Loans under 
                this subparagraph shall be limited to a maximum 
                term of three years.
          (5) Notwithstanding the provisions of any other law, 
        the interest rate on the Federal share of any loan made 
        under subsection (b)(1) and (b)(2) on account of a 
        disaster commencing on or after October 1, 1982, shall 
        be--
                  (A) in the case of a homeowner unable to 
                secure credit elsewhere, the rate prescribed by 
                the Administration but not more than one-half 
                the rate determined by the Secretary of the 
                Treasury taking into consideration the current 
                average market yield on outstanding marketable 
                obligations of the United States with remaining 
                periods to maturity comparable to the average 
                maturities of such loan plus an additional 
                charge of not to exceed 1 per centum per annum 
                as determined by the Administrator, and 
                adjusted to the nearest one-eighth of 1 per 
                centum, but not to exceed 4 per centum per 
                annum;
                  (B) in the case of a homeowner, able to 
                secure credit elsewhere, the rate prescribed by 
                the Administration but not more than the rate 
                determined by the Secretary of the Treasury 
                taking into consideration the current average 
                market yield on outstanding marketable 
                obligations of the United States with remaining 
                periods to maturity comparable to the average 
                maturities of such loans plus an additional 
                charge of not to exceed 1 per centum per annum 
                as determined by the Administrator, and 
                adjusted to the nearest one-eighth of 1 per 
                centum, but not to exceed 8 per centum per 
                annum;
                  (C) in the case of a business, private 
                nonprofit organization, or other concern, 
                including agricultural cooperatives, unable to 
                obtain credit elsewhere, not to exceed 4 per 
                centum per annum;
                  (D) in the case of a business concern able to 
                obtain credit elsewhere, the rate prescribed by 
                the Administration but not in excess of the 
                lowest of (i) the rate prevailing in the 
                private market for similar loans, (ii) the rate 
                prescribed by the Administration as the maximum 
                interest rate for deferred participation 
                (guaranteed) loans under section 7(a) of this 
                Act, or (iii) 8 per centum per annum. Loans 
                under this subparagraph shall be limited to a 
                maximum term of 7 years.
          (6) Notwithstanding the provisions of any other law, 
        such loans, subject to the reductions required by 
        subparagraphs (A) and (B) of paragraph 7(b)(1), shall 
        be in amounts equal to 100 per centum of loss. The 
        interest rate for loans made under paragraphs 7(b)(1) 
        and (2), as determined pursuant to paragraph (5), shall 
        be the rate of interest which is in effect on the date 
        of the disaster commenced: Provided, That no loan under 
        paragraphs 7(b) (1) and (2) shall be made, either 
        directly or in cooperation with banks or other lending 
        institutions through agreements to participate on an 
        immediate or deferred (guaranteed) basis, if the total 
        amount outstanding and committed to the borrower under 
        subsection 7(b) would exceed $500,000 for each disaster 
        unless an applicant constitutes a major source of 
        employment in an area suffering a disaster, in which 
        case the Administration, in its discretion, may waive 
        the $500,000 limitation: Provided further, That the 
        Administration, subject to the reductions required by 
        subparagraphs (A) and (B) of paragraph 7(b)(1), shall 
        not reduce the amount of eligibility for any homeowner 
        on account of loss of real estate to less than $100,000 
        for each disaster nor for any homeowner or lessee on 
        account of loss of personal property to less than 
        $20,000 for each disaster, such sums being in addition 
        to any eligible refinancing: Provided further, That the 
        Administration shall not require collateral for loans 
        of $25,000 or less (or such higher amount as the 
        Administrator determines appropriate in the event of a 
        disaster) which are made under paragraph (1) of 
        subsection (b): Provided further, That the 
        Administrator, in obtaining the best available 
        collateral for a loan of not more than $200,000 under 
        paragraph (1) or (2) of subsection (b) relating to 
        damage to or destruction of the property of, or 
        economic injury to, a small business concern, shall not 
        require the owner of the small business concern to use 
        the primary residence of the owner as collateral if the 
        Administrator determines that the owner has other 
        assets of equal quality and with a value equal to or 
        greater than the amount of the loan that could be used 
        as collateral for the loan: Provided further, That 
        nothing in the preceding proviso may be construed to 
        reduce the amount of collateral required by the 
        Administrator in connection with a loan described in 
        the preceding proviso or to modify the standards used 
        to evaluate the quality (rather than the type) of such 
        collateral. Employees of concerns sharing a common 
        business premises shall be aggregated in determining 
        ``major source of employment'' status for nonprofit 
        applicants owning such premises.
With respect to any loan which is outstanding on the date of 
enactment of this paragraph and which was made on account of a 
disaster commencing on or after October 1, 1982, the 
Administrator shall made such change in the interest rate on 
the balance of such loan as is required herein effective as of 
the date of enactment.
  (7) The Administration shall not withhold disaster assistance 
pursuant to this paragraph to nurseries who are victims of 
drought disasters. As used in section 7(b)(2) the term ``an 
area affected by a disaster'' includes any county, or county 
contiguous thereto, determined to be a disaster by the 
President, the Secretary of Agriculture or the Administrator of 
the Small Business Administration.
          (8) Disaster loans for superstorm sandy.--
                  (A) In general.--Notwithstanding any other 
                provision of law, and subject to the same 
                requirements and procedures that are used to 
                make loans pursuant to subsection (b), a small 
                business concern, homeowner, nonprofit entity, 
                or renter that was located within an area and 
                during the time period with respect to which a 
                major disaster was declared by the President 
                under section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5170) by reason of Superstorm Sandy 
                may apply to the Administrator--
                          (i) for a loan to repair, 
                        rehabilitate, or replace property 
                        damaged or destroyed by reason of 
                        Superstorm Sandy; or
                          (ii) if such a small business concern 
                        has suffered substantial economic 
                        injury by reason of Superstorm Sandy, 
                        for a loan to assist such a small 
                        business concern.
                  (B) Timing.--The Administrator shall select 
                loan recipients and make available loans for a 
                period of not less than 1 year after the date 
                on which the Administrator carries out this 
                authority.
                  (C) Inspector general review.--Not later than 
                6 months after the date on which the 
                Administrator begins carrying out this 
                authority, the Inspector General of the 
                Administration shall initiate a review of the 
                controls for ensuring applicant eligibility for 
                loans made under this paragraph.
  (e) The Administration shall not fund any Small Business 
Development Center or any variation thereof, except as 
authorized in section 21 of this Act.
  (f) Additional Requirements for 7(b) Loans.--
          (1) Increased deferment authorized.--
                  (A) In general.--In making loans under 
                subsection (b), the Administrator may provide, 
                to the person receiving the loan, an option to 
                defer repayment on the loan.
                  (B) Period.--The period of a deferment under 
                subparagraph (A) may not exceed 4 years.
  (g) Net Earnings Clauses Prohibited for 7(b) Loans.--In 
making loans under subsection (b), the Administrator shall not 
require the borrower to pay any non-amortized amount for the 
first five years after repayment begins.
  (e) [RESERVED].
  (f) [RESERVED].
  (h)(1) The Administration also is empowered, where other 
financial assistance is not available on reasonable terms, to 
make such loans (either directly or in cooperation with Banks 
or other lending institutions through agreements to participate 
on an immediate or deferred basis) as the Administration may 
determine to be necessary or appropriate--
          (A) to assist any public or private organization--
                  (i) which is organized under the laws of the 
                United States or of any State, operated in the 
                interest of handicapped individuals, the net 
                income of which does not inure in whole or in 
                part to the benefit of any shareholder or other 
                individual;
                  (ii) which complies with any applicable 
                occupational health and safety standard 
                prescribed by the Secretary of Labor; and
                  (iii) which, in the production of commodities 
                and in the provision of services during any 
                fiscal year in which it receives financial 
                assistance under this subsection, employs 
                handicapped individuals for not less than 75 
                per centum of the man-hours required for the 
                production or provision of the commodities or 
                services; or
          (B) to assist any handicapped individual in 
        establishing, acquiring, or operating a small business 
        concern.
  (2) The Administration's share of any loan made under this 
subsection shall not exceed $350,000, nor may any such loan be 
made if the total amount outstanding and committed (by 
participation or otherwise) to the borrower from the business 
loan and investment fund established by section 4(c)(1)(B) of 
this Act would exceed $350,000. In agreements to participate in 
loans on a deferred basis under this subsection, the 
Administration's participation may total 100 per centum of the 
balance of the loan at the time of disbursement. The 
Administration's share of any loan made under this subsection 
shall bear interest at the rate of 3 per centum per annum. The 
maximum term of any such loan, including extensions and 
renewals thereof, may not exceed fifteen years. All loans made 
under this subsection shall be of such sound value or so 
secured as reasonably to assure repayment: Provided, however, 
That any reasonable doubt shall be resolved in favor of the 
applicant.
  (3) For purposes of this subsection, the term ``handicapped 
individual'' means a person who has a physical, mental, or 
emotional impairment, defect, ailment, disease, or disability 
of a permanent nature which in any way limits the selection of 
any type of employment for which the person would otherwise be 
qualified or qualifiable.
  (i)(1) The Administration also is empowered to make, 
participate (on an immediate basis) in, or guarantee loans, 
repayable in not more than fifteen years, to any small business 
concern, or to any qualified person seeking to establish such a 
concern, when it determines that such loans will further the 
policies established in section 2(b) of this Act, with 
particular emphasis on the preservation or establishment of 
small business concerns located in urban or rural areas with 
high proportions of unemployed or low-income individuals, or 
owned by low-income individuals: Provided, however, That no 
such loans shall be made, participated in, or guaranteed if the 
total of such Federal assistance to a single borrower 
outstanding at any one time would exceed $100,000. The 
Administration may defer payments on the principal of such 
loans for a grace period and use such other methods as it deems 
necessary and appropriate to assure the successful 
establishment and operation of such concern. The Administration 
may, in its discretion, as a condition of such financial 
assistance, require that the borrower take steps to improve his 
management skills by participating in a management training 
program approved by the Administration: Provided, however, That 
any management training program so approved must be of 
sufficient scope and duration to provide reasonable opportunity 
for the individuals served to develop entrepreneurial and 
managerial self-sufficiency.
  (2) The Administration shall encourage, as far as possible, 
the participation of the private business community in the 
program of assistance to such concerns, and shall seek to 
stimulate new private lending activities to such concerns 
through the use of the loan guarantees, participations in 
loans, and pooling arrangements authorized by this subsection.
  (3) To insure an equitable distribution between urban and 
rural areas for loans between $3,500 and $100,000 made under 
this subsection, the Administration is authorized to use the 
agencies and agreements and delegations developed under title 
III of the Economic Opportunity Act of 1964, as amended, as it 
shall determine necessary.
  (4) The Administration shall provide for the continuing 
evaluation of programs under this subsection, including full 
information on the location, income characteristics, and types 
of businesses and individuals assisted, and on new private 
lending activity stimulated, and the results of such evaluation 
together with recommendations shall be included in the report 
required by section 10(a) of this Act.
  (5) Loans made pursuant to this subsection (including 
immediate participation in and guarantees of such loans) shall 
have such terms and conditions as the Administration shall 
determine, subject to the following limitations--
          (A) there is reasonable assurance of repayment of the 
        loan;
          (B) the financial assistance is not otherwise 
        available on reasonable terms from private sources or 
        other Federal, State, or local programs;
          (C) the amount of the loan, together with other funds 
        available, is adequate to assure completion of the 
        project or achievement of the purposes for which the 
        loan is made;
          (D) the loan bears interest at a rate not less than 
        (i) a rate determined by the Secretary of the Treasury, 
        taking into consideration the average market yield on 
        outstanding Treasury obligations of comparable 
        maturity, plus (ii) such additional charge, if any, 
        toward covering other costs of the program as the 
        Administration may determine to be consistent with its 
        purposes: Provided, however, That the rate of interest 
        charged on loans made in redevelopment areas designated 
        under the Public Works and Economic Development Act of 
        1965 (42 U.S.C. 3108 et seq.) shall not exceed the rate 
        currently applicable to new loans made under section 
        201 of that Act (42 U.S.C. 3142); and
          (E) fees not in excess of amounts necessary to cover 
        administrative expenses and probable losses may be 
        required on loan guarantees.
  (6) The Administration shall take such steps as may be 
necessary to insure that, in any fiscal year, at least 50 per 
centum of the amounts loaned or guaranteed pursuant to this 
subsection are allotted to small business concerns located in 
urban areas identified by the Administration as having high 
concentrations of unemployed or low-income individuals or to 
small business concerns owned by low-income individuals. The 
Administration shall define the meaning of low income as it 
applies to owners of small business concerns eligible to be 
assisted under this subsection.
  (7) No financial assistance shall be extended pursuant to 
this subsection when the Administration determines that the 
assistance will be used in relocating establishments from one 
area to another if such relocation would result in an increase 
in unemployment in the area of original location.
  (j)(1) the Administration shall provide financial assistance 
to public or private organizations to pay all or part of the 
cost of projects designated to provide technical or management 
assistance to individuals or enterprises eligible for 
assistance under sections 7(i), 7(j)(10), and 8(a) of this Act, 
with special attention to small businesses located in areas of 
high concentration of unemployed or low-income individuals, to 
small businesses eligible to receive contracts pursuant to 
section 8(a) of this Act.
  (2) Financial assistance under this subsection may be 
provided for projects, including, but not limited to--
          (A) planning and research, including feasibility 
        studies and market research;
          (B) the identification and development of new 
        business opportunities;
          (C) the furnishing of centralized services with 
        regard to public services and Federal Government 
        programs including programs authorized under sections 
        7(i), (7)(j)(10), and 8(a) of this Act;
          (D) the establishment and strengthening of business 
        service agencies, including trade associations and 
        cooperative; and
          (E) the furnishing of business counseling, management 
        training, and legal and other related services, with 
        special emphasis on the development of management 
        training programs using the resources of the business 
        community, including the development of management 
        training opportunities in existing business, and with 
        emphasis in all cases upon providing management 
        training of sufficient scope and duration to develop 
        entrepreneurial and managerial self-sufficiency on the 
        part of the individuals served.
  (3) The Administration shall encourage the placement of 
subcontracts by businesses with small business concerns located 
in area of high concentration of unemployed or low-income 
individuals, with small businesses owned by low-income 
individuals, and with small businesses eligible to receive 
contracts pursuant to section 8(a) of this Act. The 
Administration may provide incentives and assistance to such 
businesses that will aid in the training and upgrading of 
potential subcontractors or other small business concerns 
eligible for assistance under section 7(i), 7(j), and 8(a), of 
this Act.
  (4) The Administration shall give preference to projects 
which promote the ownership, participation in ownership, or 
management of small businesses owned by low-income individuals 
and small businesses eligible to receive contracts pursuant to 
section 8(a) of this Act.
  (5) The financial assistance authorized for projects under 
this subsection includes assistance advanced by grant, 
agreement, or contract.
  (6) The Administration is authorized to make payments under 
grants and contracts entered into under this subsection in lump 
sum or installments, and in advance or by way of reimbursement, 
and in the case of grants, with necessary adjustments on 
account of overpayments or underpayments.
  (7) To the extent feasible, services under this subsection 
shall be provided in a location which is easily accessible to 
the individuals and small business concerns served.
  (9) The Administration shall take such steps as may be 
necessary and appropriate, in coordination and cooperation with 
the heads of other Federal departments and agencies, to insure 
that contracts, subcontracts, and deposits made by the Federal 
Government or with programs aided with Federal funds are placed 
in such way as to further the purposes of sections 7(i), 7(j), 
and 8(a) of this Act.
  (10) There is established with the Administration a small 
business and capital ownership development program (hereinafter 
referred to as the ``Program'') which shall provide assistance 
exclusively for small business concerns eligible to receive 
contracts pursuant to section 8(a) of this Act. The program, 
and all other services and activities authorized under section 
7(j) and 8(a) of this Act, shall be managed by the Associate 
Administrator for Minority Small Business and Capital Ownership 
Development under the supervision of, and responsible to, the 
Administrator.
          (A) The Program shall--
                  (i) assist small business concerns 
                participating in the Program (either through 
                public or private organizations) to develop and 
                maintain comprehensive business plans which set 
                forth the Program Participant's specific 
                business targets, objectives, and goals 
                developed and maintained in conformity with 
                subparagraph (D).
                  (ii) provide for such other nonfinancial 
                services as deemed necessary for the 
                establishment, preservation, and growth of 
                small business concerns participating in the 
                Program, including but not limited to (I) loan 
                packaging, (II) financing counseling, (III) 
                accounting and bookkeeping assistance, (IV) 
                marketing assistance, and (V) management 
                assistance;
                  (iii) assist small business concerns 
                participating in the Program to obtain equity 
                and debt financing;
                  (iv) establish regular performance monitoring 
                and reporting systems for small business 
                concerns participating in the Program to assure 
                compliance with their business plans;
                  (v) analyze and report the causes of success 
                and failure of small business concerns 
                participating in the Program; and
                  (vi) provide assistance necessary to help 
                small business concerns participating in the 
                Program to procure surety bonds, with such 
                assistance including, but not limited to, (I) 
                the preparation of application forms required 
                to receive a surety bond, (II) special 
                management and technical assistance designed to 
                meet the specific needs of small business 
                concerns participating in the Program and which 
                have received or are applying to receive a 
                surety bond, and (III) guarantee from the 
                Administration pursuant to title IV, part B of 
                the Small Business Investment Act of 1958.
          (B) Small business concerns eligible to receive 
        contracts pursuant to section 8(a) of this Act shall 
        participate in the Program.
          (C)(i) A small business concern participating in any 
        program or activity conducted under the authority of 
        this paragraph or eligible for the award of contracts 
        pursuant to section 8(a) on September 1, 1988, shall be 
        permitted continued participation and eligibility in 
        such program or activity for a period of time which is 
        the greater of--
                  (I) 9 years less the number of years since 
                the award of its first contract pursuant to 
                section 8(a); or
                  (II) its original fixed program participation 
                term (plus any extension thereof) assigned 
                prior to the effective date of this paragraph 
                plus eighteen months.
          (ii) Nothing contained in this subparagraph shall be 
        deemed to prevent the Administration from instituting a 
        termination or graduation pursuant to subparagraph (F) 
        or (H) for issues unrelated to the expiration of any 
        time period limitation.
          (D)(i) Promptly after certification under paragraph 
        (11) a Program Participant shall submit a business plan 
        (hereinafter referred to as the plan'') as described in 
        clause (ii) of this subparagraph for review by the 
        Business Opportunity Specialist assigned to assist such 
        Program Participant. The plan may be a revision of a 
        preliminary business plan submitted by the Program 
        Participant or required by the Administration as a part 
        of the application for certification under this section 
        and shall be designed to result in the Program 
        Participant eliminating the conditions or circumstances 
        upon which the Administration determined eligibility 
        pursuant to section 8(a)(6). Such plan, and subsequent 
        modifications submitted under clause (iii) of this 
        subparagraph, shall be approved by the business 
        opportunity specialist prior to the Program Participant 
        being eligible for award of a contract pursuant to 
        section 8(a).
                  (ii) The plans submitted under this 
                subparagraph shall include the following:
                          (I) An analysis of market potential, 
                        competitive environment, and other 
                        business analyses estimating the 
                        Program Participant's prospects for 
                        profitable operations during the term 
                        of program participation and after 
                        graduation.
                          (II) An analysis of the Program 
                        Participant's strengths and weaknesses 
                        with particular attention to correcting 
                        any financial, managerial, technical, 
                        or personnel conditions which are 
                        likely to impede the small business 
                        concern from receiving contracts other 
                        than those awarded under section 8(a).
                          (III) Specific targets, objectives, 
                        and goals, for the business development 
                        of the Program Participant during the 
                        next and succeeding years utilizing the 
                        results of the analyses conducted 
                        pursuant to subclauses (I) and (II).
                          (IV) A transition management plan 
                        outlining specific steps to assure 
                        profitable business operations after 
                        graduation (to be incorporated into the 
                        Program Participant's plan during the 
                        first year of the transitional stage of 
                        Program participation).
                          (V) Estimates of contract awards 
                        pursuant to section 8(a) and from other 
                        sources, which the Program Participant 
                        will require to meet the specific 
                        targets, objectives, and goals for the 
                        years covered by its plan. The 
                        estimates established shall be 
                        consistent with the provisions of 
                        subparagraph (I) and section 8(a).
                  (iii) Each Program Participant shall annually 
                review its currently approved plan with its 
                Business Opportunity Specialist and modify such 
                plan as may be appropriate. Any modified plan 
                shall be submitted to the Administration for 
                approval. The currently approved plan shall be 
                considered valid until such time as a modified 
                plan is approved by the Business Opportunity 
                Specialist. Annual reviews pertaining to years 
                in the transitional stage of program 
                participation shall require, as appropriate, a 
                written verification that such Program 
                Participant has complied with the requirements 
                of subparagraph (I) relating to attaining 
                business activity from sources other than 
                contracts awarded pursuant to section 8(a).
                  (iv) Each Program Participant shall annually 
                forecast its needs for contract awards under 
                section 8(a) for the next program year and the 
                succeeding program year during the review of 
                its business plan, conducted pursuant to clause 
                (iii). Such forecast shall be known as the 
                section 8(a) contract support level and shall 
                be included in the Program Participant's 
                business plan. Such forecast shall include--
                          (I) the aggregate dollar value of 
                        contract support to be sought on a 
                        noncompetitive basis under section 
                        8(a), reflecting compliance with the 
                        requirements of subparagraph (I) 
                        relating to attaining business activity 
                        from sources other than contracts 
                        awarded pursuant to section 8(a),
                          (II) the types of contract 
                        opportunities being sought, identified 
                        by Standard Industrial Classification 
                        (SIC) Code or otherwise,
                          (III) an estimate of the dollar value 
                        of contract support to be sought on a 
                        competitive basis, and
                          (IV) such other information as may be 
                        requested by the Business Opportunity 
                        Specialist to provide effective 
                        business development assistance to the 
                        Program Participant.
          (E) A small business concern participating in the 
        program conducted under the authority of this paragraph 
        and eligible for the award of contracts pursuant to 
        section 8(a) shall be denied all such assistance if 
        such concern--
                  (i) voluntarily elects not to continue 
                participation;
                  (ii) completes the period of Program 
                participation as prescribed by paragraph (15);
                  (iii) is terminated pursuant to a termination 
                proceeding conducted in accordance with section 
                8(a)(9); or
                  (iv) is graduated pursuant to a graduation 
                proceeding conducted in accordance with section 
                8(a)(9).
          (F) For the purposes of section and 8(a), the terms 
        ``terminated'' or ``termination'' means the total 
        denial or suspension of assistance under this paragraph 
        or under section 8(a) prior to the graduation of the 
        participating small business concern or prior to the 
        expiration of the maximum program participation in 
        term. An action for termination shall be based upon 
        good cause, including--
                  (i) the failure by such concern to maintain 
                its eligibility for Program participation;
                  (ii) the failure of the concern to engage in 
                business practices that will promote its 
                competitiveness within a reasonable period of 
                time as evidenced by, among other indicators, a 
                pattern of unjustified delinquent performance 
                or terminations for default with respect to 
                contracts awarded under the authority of 
                section 8(a);
                  (iii) a demonstrated pattern of failing to 
                make required submissions or responses to the 
                Administration in a timely manner;
                  (iv) the willful violation of any rule or 
                regulation of the Administration pertaining to 
                material issues;
                  (v) the debarment of the concern or its 
                disadvantaged owners by any agency pursuant to 
                subpart 9.4 of title 48, Code of Federal 
                Regulations (or any successor regulation); or
                  (vi) the conviction of the disadvantaged 
                owner or an officer of the concern for any 
                offense indicating a lack of business integrity 
                including any conviction for embezzlement, 
                theft, forgery, bribery, falsification or 
                violation of section 16. For purposes of this 
                clause, no termination action shall be taken 
                with respect to a disadvantaged owner solely 
                because of the conviction of an officer of the 
                concern (who is other than a disadvantaged 
                owner) unless such owner conspired with, 
                abetted, or otherwise knowingly acquiesced in 
                the activity or omission that was the basis of 
                such officer's conviction.
          (G) The Director of the Division may initiate a 
        termination proceeding by recommending such action to 
        the Associate Administrator for Minority Small Business 
        and Capital Ownership Development. Whenever the 
        Associate Administrator, or a designee of such officer, 
        determines such termination is appropriate, within 15 
        days after making such a determination the Program 
        Participant shall be provided a written notice of 
        intent to terminate, specifying the reasons for such 
        action. No Program Participant shall be terminated from 
        the Program pursuant to subparagraph (F) without first 
        being afforded an opportunity for a hearing in 
        accordance with section 8(a)(9).
          (H) For the purposes of sections 7(j) and 8(a) the 
        term ``graduated'' or ``graduation'' means that the 
        Program Participant is recognized as successfully 
        completing the program by substantially achieving the 
        targets, objectives, and goals contained in the 
        concern's business plan thereby demonstrating its 
        ability to compete in the marketplace without 
        assistance under this section or section 8(a).
          (I)(i) During the developmental stage of its 
        participation in the Program, a Program Participant 
        shall take all reasonable efforts within its control to 
        attain the targets contained in its business plan for 
        contracts awarded other than pursuant to section 8(a) 
        (hereinafter referred to as ``business activity 
        targets.''). Such efforts shall be made a part of the 
        business plan and shall be sufficient in scope and 
        duration to satisfy the Administration that the Program 
        Participant will engage a reasonable marketing strategy 
        that will maximize its potential to achieve its 
        business activity targets.
          (ii) During the transitional stage of the Program a 
        Program Participant shall be subject to regulations 
        regarding business activity targets that are 
        promulgated by the Administration pursuant to clause 
        (iii);
          (iii) The regulations referred to in clause (ii) 
        shall:
                  (I) establish business activity targets 
                applicable to Program Participants during the 
                fifth year and each succeeding year of Program 
                Participation; such targets, for such period of 
                time, shall reflect a reasonably consistent 
                increase in contracts awarded other than 
                pursuant to section 8(a), expressed as a 
                percentage of total sales; when promulgating 
                business activity targets the Administration 
                may establish modified targets for Program 
                Participants that have participated in the 
                Program for a period of longer than four years 
                on the effective date of this subparagraph;
                  (II) require a Program Participant to attain 
                its business activity targets;
                  (III) provide that, before the receipt of any 
                contract to be awarded pursuant to section 
                8(a), the Program Participant (if it is in the 
                transitional stage) must certify that it has 
                complied with the regulations promulgated 
                pursuant to subclause (II), or that it is in 
                compliance with such remedial measures as may 
                have been ordered pursuant to regulations 
                issued under subclause (V);
                  (IV) require the Administration to review 
                each Program Participant's performance 
                regarding attainment of business activity 
                targets during periodic reviews of such 
                Participant's business plan; and
                  (V) authorize the Administration to take 
                appropriate remedial measures with respect to a 
                Program Participant that has failed to attain a 
                required business activity target for the 
                purpose of reducing such Participant's 
                dependence on contracts awarded pursuant to 
                section 8(a); such remedial actions may 
                include, but are not limited to assisting the 
                Program Participant to expand the dollar volume 
                of its competitive business activity or 
                limiting the dollar volume of contracts awarded 
                to the Program Participant pursuant to section 
                8(a); except for actions that would constitute 
                a termination, remedial measures taken pursuant 
                to this subclause shall not be reviewable 
                pursuant to section 8(a)(9).
          (J)(i) The Administration shall conduct an evaluation 
        of a Program Participant's eligibility for continued 
        participation in the Program whenever it receives 
        specific and credible information alleging that such 
        Program Participant no longer meets the requirements 
        for Program eligibility. Upon making a finding that a 
        Program Participant is no longer eligible, the 
        Administration shall initiate a termination proceeding 
        in accordance with subparagraph (F). A Program 
        Participant's eligibility for award of any contract 
        under the authority of section 8(a) may be suspended 
        pursuant to subpart 9.4 of title 48, Code of Federal 
        Regulations (or any successor regulation).
          (ii)(I) Except as authorized by subclauses (II) or 
        (III), no award shall be made pursuant to section 8(a) 
        to a concern other than a small business concern.
          (II) In determining the size of a small business 
        concern owned by a socially and economically 
        disadvantaged Indian tribe (or a wholly owned business 
        entity of such tribe), each firm's size shall be 
        independently determined without regard to its 
        affiliation with the tribe, any entity of the tribal 
        government, or any other business enterprise owned by 
        the tribe, unless the Administrator determines that one 
        or more such tribally owned business concerns have 
        obtained, or are likely to obtain, a substantial unfair 
        competitive advantage within an industry category.
          (III) Any joint venture established under the 
        authority of section 602(b) of Public Law 100-656, the 
        ``Business Opportunity Development Reform Act of 
        1988'', shall be eligible for award of a contract 
        pursuant to section 8(a).
  (11)(A) The Associate Administrator for Minority Small 
Business and Capital Ownership Development shall be responsible 
for coordinating and formulating policies relating to Federal 
assistance to small business concerns eligible for assistance 
under section 7(i) of this Act and small business concerns 
eligible to receive contracts pursuant to section 8(a) of this 
Act.
          (B)(i) Except as provided in clause (iii), no 
        individual who was determined pursuant to section 8(a) 
        to be socially and economically disadvantaged before 
        the effective date of this subparagraph shall be 
        permitted to assert such disadvantage with respect to 
        any other concern making application for certification 
        after such effective date.
                  (ii) Except as provided in clause (iii), any 
                individual upon whom eligibility is based 
                pursuant to section 8(a)(4) shall be permitted 
                to assert such eligibility for only one small 
                business concern.
                  (iii) A socially and economically 
                disadvantaged Indian tribe may own more than 
                one small business concern eligible for 
                assistance pursuant to section 7(j)(10) and 
                section 8(a) if--
                          (I) the Indian tribe does not own 
                        another firm in the same industry which 
                        has been determined to be eligible to 
                        receive contracts under this program, 
                        and
                          (II) the individuals responsible for 
                        the management and daily operations of 
                        the concern do not manage more than two 
                        Program Participants.
  (C) No concern, previously eligible for the award of 
contracts pursuant to section 8(a), shall be subsequently 
recertified for program participation if its prior 
participation in the program was concluded for any of the 
reasons described in paragraph (10)(E).
  (D) A concern eligible for the award of contracts pursuant to 
this subsection shall remain eligible for such contracts if 
there is a transfer of ownership and control (as defined 
pursuant to section 8(a)(4)) to individuals who are determined 
to be socially and economically disadvantaged pursuant to 
section 8(a). In the event of such a transfer, the concern, if 
not terminated or graduated, shall be eligible for a period of 
continued participation in the program not to exceed the time 
limitations prescribed in paragraph (15).
  (E) There is established a Division of Program Certification 
and Eligibility (hereinafter referred to in this paragraph as 
the Division'') that shall be made part of the Office of 
Minority Small Business and Capital Ownership Development. The 
Division shall be headed by a Director who shall report 
directly to the Associate Administrator for Minority Small 
Business and Capital Ownership Development. The Division shall 
establish field offices within such regional offices of the 
Administration as may be necessary to perform efficiently its 
functions and responsibilities.
  (F) Subject to the provisions of section 8(a)(9), the 
functions and responsibility of the Division are to--
          (i) receive, review and evaluate applications for 
        certification pursuant to paragraphs (4), (5), (6) and 
        (7) of section 8(a);
          (ii) advise each program applicant within 15 days 
        after the receipt of an application as to whether such 
        application is complete and suitable for evaluation 
        and, if not, what matters must be rectified;
          (iii) render recommendations on such applications to 
        the Associate Administrator for Minority Small Business 
        and Capital Ownership Development;
          (iv) review and evaluate financial statements and 
        other submissions from concerns participating in the 
        program established by paragraph (10) to ascertain 
        continued eligibility to receive subcontracts pursuant 
        to section 8(a);
          (v) make a request for the initiation of termination 
        or graduation proceedings, as appropriate, to the 
        Associate Administrator for Minority Small Business and 
        Capital Ownership Development;
          (vi) make recommendations to the Associate 
        Administrator for Minority Small Business and Capital 
        Ownership Development concerning protests from 
        applicants that have been denied program admission;
          (vii) decide protests regarding the status of a 
        concern as a disadvantaged concern for purposes of any 
        program or activity conducted under the authority of 
        subsection (d) of section 8, or any other provision of 
        Federal law that references such subsection for a 
        definition of program eligibility; and
          (vii) implement such policy directives as may be 
        issued by the Associate Administrator for Minority 
        Small Business and Capital Ownership Development 
        pursuant to subparagraph (I) regarding, among other 
        things, the geographic distribution of concerns to be 
        admitted to the program and the industrial make-up of 
        such concerns.
  (G) An applicant shall not be denied admission into the 
program established by paragraph (10) due solely to a 
determination by the Division that specific contract 
opportunities are unavailable to assist in the development of 
such concern unless--
          (i) the Government has not previously procured and is 
        unlikely to procure the types of products or services 
        offered by the concern; or
          (ii) the purchases of such products or services by 
        the Federal Government will not be in quantities 
        sufficient to support the developmental needs of the 
        applicant and other Program Participants providing the 
        same or similar items or services.
          (H) Not later than 90 days after receipt of a 
        completed application for Program certification, the 
        Associate Administrator for Minority Small Business and 
        Capital Ownership Development shall certify a small 
        business concern as a Program Participant or shall deny 
        such application.
  (I) Thirty days before the conclusion of each fiscal year, 
the Director of the Division shall review all concerns that 
have been admitted into the Program during the preceding 12-
month period. The review shall ascertain the number of 
entrants, their geographic distribution and industrial 
classification. The Director shall also estimate the expected 
growth of the Program during the next fiscal year and the 
number of additional Business Opportunity Specialists, if any, 
that will be needed to meet the anticipated demand for the 
Program. The findings and conclusions of the Director shall be 
reported to the Associate Administrator for Minority Small 
Business and Capital Ownership Development by September 30 of 
each year. Based on such report and such additional data as may 
be relevant, the Associate Administrator shall, by October 31 
of each year, issue policy and program directives applicable to 
such fiscal year that--
          (i) establish priorities for the solicitation of 
        program applications from underrepresented regions and 
        industry categories;
          (ii) assign staffing levels and allocate other 
        program resources as necessary to meet program needs; 
        and
          (iii) establish priorities in the processing and 
        admission of new Program Participants as may be 
        necessary to achieve an equitable geographic 
        distribution of concerns and a distribution of concerns 
        across all industry categories in proportions needed to 
        increase significantly contract awards to small 
        business concerns owned and controlled by socially and 
        economically disadvantaged individuals. When 
        considering such increase the Administration shall give 
        due consideration to those industrial categories where 
        Federal purchases have been substantial but where the 
        participation rate of such concerns has been limited.
  (12)(A) The Administration shall segment the Capital 
Ownership Development Program into two stages: a developmental 
stage; and a transitional stage.
  (B) The developmental stage of program participation shall be 
designed to assist the concern in its effort to overcome its 
economic disadvantage by providing such assistance as may be 
necessary and appropriate to access its markets and to 
strengthen its financial and managerial skills.
  (C) The transitional stage of program participation shall be 
designed to overcome, insofar as practicable, the remaining 
elements of economic disadvantage and to prepare such concern 
for graduation from the program.
  (13) A Program Participant, if otherwise eligible, shall be 
qualified to receive the following assistance during the stages 
of program participation specified in paragraph 12:
          (A) Contract support pursuant to section 8(a).
          (B) Financial assistance pursuant to section 
        7(a)(20).
          (C) A maximum of two exemptions from the requirements 
        of section 1(a) of the Act entitled ``An Act providing 
        conditions for the purchase of supplies and the making 
        of contracts by the United States, and for other 
        purposes'', approved June 30, 1936 (49 Stat. 2036), 
        which exemptions shall apply only to contracts awarded 
        pursuant to section (8)(a) and shall only be used to 
        allow for contingent agreements by a small business 
        concern to acquire the machinery, equipment, 
        facilities, or labor needed to perform such contracts. 
        No exemption shall be made pursuant to this 
        subparagraph if the contract to which it pertains has 
        an anticipated value in excess of $10,000,000. This 
        subparagraph shall cease to be effective on October 1, 
        1992.
          (D) A maximum of five exemptions from the 
        requirements of the Act entitled ``An Act requiring 
        contracts for the construction, alteration and repair 
        of any public building or public work of the United 
        States to be accompanied by a performance bond 
        protecting the United States and by an additional bond 
        for the protection of persons furnishing material and 
        labor for the construction, alteration, or repair of 
        said public buildings or public works'', approved 
        August 24, 1935 (49 Stat. 793), which exemptions shall 
        apply only to contracts awarded pursuant to section 
        8(a), except that, such exemptions may be granted under 
        this subparagraph only if--
                  (i) the Administration finds that such 
                concern is unable to obtain the requisite bond 
                or bonds from a surety and that no surety is 
                willing to issue a bond subject to the 
                guarantee provision of title IV of the Small 
                Business Investment Act of 1958 (15 U.S.C. 692 
                et seq.);
                  (ii) the Administration and the agency 
                providing the contracting opportunity have 
                provided for the protection of persons 
                furnishing materials or labor to the Program 
                Participant by arranging for the direct 
                disbursement of funds due to such persons by 
                the procuring agency or through any bank the 
                deposits of which are insured by the Federal 
                Deposit Insurance Corporation; and
                  (iii) the contract to which it pertains does 
                not exceed $3,000,000 in amount. This 
                subparagraph shall cease to be effective on 
                October 1, 1994.
          (E) Financial assistance whereby the Administration 
        may purchase in whole or in part, and on behalf of such 
        concerns, skills training or upgrading for employees or 
        potential employees of such concerns. Such assistance 
        may be made without regard to section 18(a). Assistance 
        may be made by direct payment to the training provider 
        or by reimbursing the Program Participant or the 
        Participant's employee, if such reimbursement is found 
        to be reasonable and appropriate. For purposes of this 
        subparagraph the term ``training provider'' shall mean 
        an institution of higher education, a community or 
        vocational college, or an institution eligible to 
        provide skills training or upgrading under title I of 
        the Workforce Innovation and Opportunity Act. The 
        Administration shall, in consultation with the 
        Secretary of Labor, promulgate rules and regulations to 
        implement this subparagraph that establish acceptable 
        training and upgrading performance standards and 
        provide for such monitoring or audit requirements as 
        may be necessary to ensure the integrity of the 
        training effort. No financial assistance shall be 
        granted under the subparagraph unless the Administrator 
        determines that--
                  (i) such concern has documented that it has 
                first explored the use of existing cost-free or 
                cost-subsidized training programs offered by 
                public and private sector agencies working with 
                programs of employment and training and 
                economic development;
                  (ii) no more than five employees or potential 
                employees of such concern are recipients of any 
                benefits under this subparagraph at any one 
                time;
                  (iii) no more than $2,500 shall be made 
                available for any one employee or potential 
                employee;
                  (iv) the length of training or upgrading 
                financed by this subparagraph shall be no less 
                than one month nor more than six months;
                  (v) such concern has given adequate assurance 
                it will employ the trainee or upgraded employee 
                for at least six months after the training or 
                upgrading financed by this subparagraph has 
                been completed and each trainee or upgraded 
                employee has provided a similar assurance to 
                remain within the employ of such concern for 
                such period; if such concern, trainee, or 
                upgraded employee breaches this agreement, the 
                Administration shall be entitled to and shall 
                make diligent efforts to obtain from the 
                violating party the repayment of all funds 
                expended on behalf of the violating party, such 
                repayment shall be made to the Administration 
                together with such interest and costs of 
                collection as may be reasonable; the violating 
                party shall be barred from receiving any 
                further assistance under this subparagraph;
                  (vi) the training to be financed may take 
                place either at such concern's facilities or at 
                those of the training provider; and
                  (vii) such concern will maintain such records 
                as the Administration deems appropriate to 
                ensure that the provisions of this paragraph 
                and any other applicable law have not been 
                violated.
          (F)(i) The transfer of technology or surplus property 
        owned by the United States to such a concern. 
        Activities designed to effect such transfer shall be 
        developed in cooperation with the heads of Federal 
        agencies and shall include the transfer by grant, 
        license, or sale of such technology or property to such 
        a concern. Such property may be transferred to Program 
        Participants on a priority basis. Technology or 
        property transferred under this subparagraph shall be 
        used by the concern during the normal conduct of its 
        business operation and shall not be sold or transferred 
        to any other party (other than the Government) during 
        such concern's term of participation in the Program and 
        for one year thereafter.
                  (ii)(I) In this clause--
                          (aa) the term ``covered period'' 
                        means the 2-year period beginning on 
                        the date on which the President 
                        declared the applicable major disaster; 
                        and
                          (bb) the term ``disaster area'' means 
                        the area for which the President has 
                        declared a major disaster, during the 
                        covered period.
                  (II) The Administrator may transfer 
                technology or surplus property under clause (i) 
                on a priority basis to a small business concern 
                located in a disaster area if--
                          (aa) the small business concern meets 
                        the requirements for such a transfer, 
                        without regard to whether the small 
                        business concern is a Program 
                        Participant; and
                          (bb) for a small business concern 
                        that is a Program Participant, on and 
                        after the date on which the President 
                        declared the applicable major disaster, 
                        the small business concern has not 
                        received property under this 
                        subparagraph on the basis of the status 
                        of the small business concern as a 
                        Program Participant.
                  (III) For any transfer of property under this 
                clause to a small business concern, the terms 
                and conditions shall be the same as a transfer 
                to a Program Participant, except that the small 
                business concern shall agree not to sell or 
                transfer the property to any party other than 
                the Federal Government during the covered 
                period.
                  (IV) A small business concern that receives a 
                transfer of property under this clause may not 
                receive a transfer of property under clause (i) 
                during the covered period.
                  (V) If a small business concern sells or 
                transfers property in violation of the 
                agreement described in subclause (III), the 
                Administrator may initiate proceedings to 
                prohibit the small business concern from 
                receiving a transfer of property under this 
                clause or clause (i), in addition to any other 
                remedy available to the Administrator.
          (G) Training assistance whereby the Administration 
        shall conduct training sessions to assist individuals 
        and enterprises eligible to receive contracts under 
        section 8(a) in the development of business principles 
        and strategies to enhance their ability to successfully 
        compete for contracts in the marketplace.
          (H) Joint ventures, leader-follower arrangements, and 
        teaming agreements between the Program Participant and 
        other Program Participants and other business concerns 
        with respect to contracting opportunities for the 
        research, development, full-scale engineering or 
        production of major systems. Such activities shall be 
        undertaken on the basis of programs developed by the 
        agency responsible for the procurement of the major 
        system, with the assistance of the Administration.
          (I) Transitional management business planning 
        training and technical assistance.
          (J) Program Participants in the developmental stage 
        of Program participation shall be eligible for the 
        assistance provided by subparagraphs (A), (B), (C), 
        (D), (E), (F), and (G).
  (14) Program Participants in the transitional stage of 
Program participation shall be eligible for the assistance 
provided by subparagraphs (A), (B), (F), (G), (H), and (I) of 
paragraph (13).
  (15) Subject to the provisions of paragraph (10)(C), a small 
business concern may receive developmental assistance under the 
Program and contracts under section 8(a) for a total period of 
not longer than nine years, measured from the date of its 
certification under the authority of such section, of which--
          (A) no more than four years may be spent in the 
        developmental stage of Program Participation; and
          (B) no more than five years may be spent in the 
        transitional stage of Program Participation.
  (16)(A) The Administrator shall develop and implement a 
process for the systematic collection of data on the operations 
of the Program established pursuant to paragraph (10).
  (B) Not later than April 30 of each year, the Administrator 
shall submit a report to the Congress on the Program that shall 
include the following:
          (i) The average personal net worth of individuals who 
        own and control concerns that were initially certified 
        for participation in the Program during the immediately 
        preceding fiscal year. The Administrator shall also 
        indicate the dollar distribution of net worths, at 
        $50,000 increments, of all such individuals found to be 
        socially and economically disadvantaged. For the first 
        report required pursuant to this paragraph the 
        Administrator shall also provide the data specified in 
        the preceding sentence for all eligible individuals in 
        the Program as of the effective date of this paragraph.
          (ii) A description and estimate of the benefits and 
        costs that have accrued to the economy and the 
        Government in the immediately preceding fiscal year due 
        to the operations of those business concerns that were 
        performing contracts awarded pursuant to section 8(a).
          (iii) A compilation and evaluation of those business 
        concerns that have exited the Program during the 
        immediately preceding three fiscal years. Such 
        compilation and evaluation shall detail the number of 
        concerns actively engaged in business operations, those 
        that have ceased or substantially curtailed such 
        operations, including the reasons for such actions, and 
        those concerns that have been acquired by other firms 
        or organizations owned and controlled by other than 
        socially and economically disadvantaged individuals. 
        For those businesses that have continued operations 
        after they exited from the Program, the Administrator 
        shall also separately detail the benefits and costs 
        that have accrued to the economy during the immediately 
        preceding fiscal year due to the operations of such 
        concerns.
          (iv) A listing of all participants in the Program 
        during the preceding fiscal year identifying, by State 
        and by Region, for each firm: the name of the concern, 
        the race or ethnicity, and gender of the disadvantaged 
        owners, the dollar value of all contracts received in 
        the preceding year, the dollar amount of advance 
        payments received by each concern pursuant to contracts 
        awarded under section 8(a), and a description including 
        (if appropriate) an estimate of the dollar value of all 
        benefits received pursuant to paragraphs (13) and (14) 
        and section 7(a)(20) during such year.
          (v) The total dollar value of contracts and options 
        awarded during the preceding fiscal year pursuant to 
        section 8(a) and such amount expressed as a percentage 
        of total sales of (I) all firms participating in the 
        Program during such year; and (II) of firms in each of 
        the nine years of program participation.
          (vi) A description of such additional resources or 
        program authorities as may be required to provide the 
        types of services needed over the next two-year period 
        to service the expected portfolio of firms certified 
        pursuant to section 8(a).
          (vii) The total dollar value of contracts and options 
        awarded pursuant to section 8(a), at such dollar 
        increments as the Administrator deems appropriate, for 
        each four digit standard industrial classification code 
        under which such contracts and options were classified.
  (C) The first report required by subparagraph (B) shall 
pertain to fiscal year 1990.
  (k) In carrying out its functions under subsections 7(i), 
7(j), and 8(a) of this Act, the Administration is authorized--
          (1) to utilize, with their consent, the services and 
        facilities of Federal agencies without reimbursement, 
        and, with the consent of any State or political 
        subdivision of a State, accept and utilize the services 
        and facilities of such State or subdivision without 
        reimbursement;
          (2) to accept, in the name of the Administration, and 
        employ or dispose of in furtherance of the purposes of 
        this Act, any money or property, real, personal, or 
        mixed, tangible, or intangible, received by gift, 
        device, bequest, or otherwise;
          (3) to accept voluntary and uncompensated services, 
        notwithstanding the provisions of section 3679(b) of 
        the Revised Statutes (31 U.S.C. 655(b)); and
          (4) to employ experts and consultants or 
        organizations thereof as authorized by section 15 of 
        the Administrative Expenses Act of 1946 (5 U.S.C. 55a), 
        except that no individual may be employed under the 
        authority of this subsection for more than one hundred 
        days in any fiscal year; to compensate individuals so 
        employed at rates not in excess of the daily equivalent 
        of the highest rate payable under section 5332 of title 
        5, United States Code, including traveltime; and to 
        allow them, while away from their homes or regular 
        places of business, travel expenses (including per diem 
        in lieu of subsistence) a authorized by section 5 of 
        such Act (5 U.S.C. 73b-2) for persons in the Government 
        service employed intermittently, while so employed: 
        Provided, however, That contracts for such employment 
        may be renewed annually.
  (l) Small Business Intermediary Lending Pilot Program.--
          (1) Definitions.--In this subsection--
                  (A) the term ``eligible intermediary''--
                          (i) means a private, nonprofit entity 
                        that--
                                  (I) seeks or has been awarded 
                                a loan from the Administrator 
                                to make loans to small business 
                                concerns under this subsection; 
                                and
                                  (II) has not less than 1 year 
                                of experience making loans to 
                                startup, newly established, or 
                                growing small business 
                                concerns; and
                          (ii) includes--
                                  (I) a private, nonprofit 
                                community development 
                                corporation;
                                  (II) a consortium of private, 
                                nonprofit organizations or 
                                nonprofit community development 
                                corporations; and
                                  (III) an agency of or 
                                nonprofit entity established by 
                                a Native American Tribal 
                                Government; and
                  (B) the term ``Program'' means the small 
                business intermediary lending pilot program 
                established under paragraph (2).
          (2) Establishment.--There is established a 3-year 
        small business intermediary lending pilot program, 
        under which the Administrator may make direct loans to 
        eligible intermediaries, for the purpose of making 
        loans to startup, newly established, and growing small 
        business concerns.
          (3) Purposes.--The purposes of the Program are--
                  (A) to assist small business concerns in 
                areas suffering from a lack of credit due to 
                poor economic conditions or changes in the 
                financial market; and
                  (B) to establish a loan program under which 
                the Administrator may provide loans to eligible 
                intermediaries to enable the eligible 
                intermediaries to provide loans to startup, 
                newly established, and growing small business 
                concerns for working capital, real estate, or 
                the acquisition of materials, supplies, or 
                equipment.
          (4) Loans to eligible intermediaries.--
                  (A) Application.--Each eligible intermediary 
                desiring a loan under this subsection shall 
                submit an application to the Administrator that 
                describes--
                          (i) the type of small business 
                        concerns to be assisted;
                          (ii) the size and range of loans to 
                        be made;
                          (iii) the interest rate and terms of 
                        loans to be made;
                          (iv) the geographic area to be served 
                        and the economic, poverty, and 
                        unemployment characteristics of the 
                        area;
                          (v) the status of small business 
                        concerns in the area to be served and 
                        an analysis of the availability of 
                        credit; and
                          (vi) the qualifications of the 
                        applicant to carry out this subsection.
                  (B) Loan limits.--No loan may be made to an 
                eligible intermediary under this subsection if 
                the total amount outstanding and committed to 
                the eligible intermediary by the Administrator 
                would, as a result of such loan, exceed 
                $1,000,000 during the participation of the 
                eligible intermediary in the Program.
                  (C) Loan duration.--Loans made by the 
                Administrator under this subsection shall be 
                for a term of 20 years.
                  (D) Applicable interest rates.--Loans made by 
                the Administrator to an eligible intermediary 
                under the Program shall bear an annual interest 
                rate equal to 1.00 percent.
                  (E) Fees; collateral.--The Administrator may 
                not charge any fees or require collateral with 
                respect to any loan made to an eligible 
                intermediary under this subsection.
                  (F) Delayed payments.--The Administrator 
                shall not require the repayment of principal or 
                interest on a loan made to an eligible 
                intermediary under the Program during the 2-
                year period beginning on the date of the 
                initial disbursement of funds under that loan.
                  (G) Maximum participants and amounts.--During 
                each of fiscal years 2011, 2012, and 2013, the 
                Administrator may make loans under the 
                Program--
                          (i) to not more than 20 eligible 
                        intermediaries; and
                          (ii) in a total amount of not more 
                        than $20,000,000.
          (5) Loans to small business concerns.--
                  (A) In general.--The Administrator, through 
                an eligible intermediary, shall make loans to 
                startup, newly established, and growing small 
                business concerns for working capital, real 
                estate, and the acquisition of materials, 
                supplies, furniture, fixtures, and equipment.
                  (B) Maximum loan.--An eligible intermediary 
                may not make a loan under this subsection of 
                more than $200,000 to any 1 small business 
                concern.
                  (C) Applicable interest rates.--A loan made 
                by an eligible intermediary to a small business 
                concern under this subsection, may have a fixed 
                or a variable interest rate, and shall bear an 
                interest rate specified by the eligible 
                intermediary in the application of the eligible 
                intermediary for a loan under this subsection.
                  (D) Review restrictions.--The Administrator 
                may not review individual loans made by an 
                eligible intermediary to a small business 
                concern before approval of the loan by the 
                eligible intermediary.
          (6) Termination.--The authority of the Administrator 
        to make loans under the Program shall terminate 3 years 
        after the date of enactment of the Small Business Job 
        Creation and Access to Capital Act of 2010.
  (m) Microloan Program.--
          (1)(A) Purposes.--The purposes of the Microloan 
        Program are--
                  (i) to assist women, low-income, veteran 
                (within the meaning of such term under section 
                3(q)), and minority entrepreneurs and business 
                owners and other individuals possessing the 
                capability to operate successful business 
                concerns;
                  (ii) to assist small business concerns in 
                those areas suffering from a lack of credit due 
                to economic downturns;
                  (iii) to establish a microloan program to be 
                administered by the Small Business 
                Administration--
                          (I) to make loans to eligible 
                        intermediaries to enable such 
                        intermediaries to provide small-scale 
                        loans, particularly loans in amounts 
                        averaging not more than $10,000, to 
                        startup, newly established, or growing 
                        small business concerns for working 
                        capital or the acquisition of 
                        materials, supplies, or equipment;
                          (II) to make grants to eligible 
                        intermediaries that, together with non-
                        Federal matching funds, will enable 
                        such intermediaries to provide 
                        intensive marketing, management, and 
                        technical assistance to microloan 
                        borrowers;
                          (III) to make grants to eligible 
                        nonprofit entities that, together with 
                        non-Federal matching funds, will enable 
                        such entities to provide intensive 
                        marketing, management, and technical 
                        assistance to assist low-income 
                        entrepreneurs and other low-income 
                        individuals obtain private sector 
                        financing for their businesses, with or 
                        without loan guarantees; and
                          (IV) to report to the Committees on 
                        Small Business of the Senate and the 
                        House of Representatives on the 
                        effectiveness of the microloan program 
                        and the advisability and feasibility of 
                        implementing such a program nationwide; 
                        and
                  (iv) to establish a welfare-to-work microloan 
                initiative, which shall be administered by the 
                Administration, in order to test the 
                feasibility of supplementing the technical 
                assistance grants provided under clauses (ii) 
                and (iii) of subparagraph (B) to individuals 
                who are receiving assistance under the State 
                program funded under part A of title IV of the 
                Social Security Act (42 U.S.C. 601 et seq.), or 
                under any comparable State funded means tested 
                program of assistance for low-income 
                individuals, in order to adequately assist 
                those individuals in--
                          (I) establishing small businesses; 
                        and
                          (II) eliminating their dependence on 
                        that assistance.
          (B) Establishment.--There is established a microloan 
        program, under which the Administration may--
                  (i) make direct loans to eligible 
                intermediaries, as provided under paragraph 
                (3), for the purpose of making short-term, 
                fixed interest rate microloans to startup, 
                newly established, and growing small business 
                concerns under paragraph (6);
                  (ii) in conjunction with such loans and 
                subject to the requirements of paragraph (4), 
                make grants to such intermediaries for the 
                purpose of providing intensive marketing, 
                management, and technical assistance to small 
                business concerns that are borrowers under this 
                subsection; and
                  (iii) subject to the requirements of 
                paragraph (5), make grants to nonprofit 
                entities for the purpose of providing 
                marketing, management, and technical assistance 
                to low-income individuals seeking to start or 
                enlarge their own businesses, if such 
                assistance includes working with the grant 
                recipient to secure loans in amounts not to 
                exceed $50,000 from private sector lending 
                institutions, with or without a loan guarantee 
                from the nonprofit entity.
          (2) Eligibility for participation.--An intermediary 
        shall be eligible to receive loans and grants under 
        subparagraphs (B)(i) and (B)(ii) of paragraph (1) if 
        it--
                  (A) meets the definition in paragraph (10); 
                and
                  (B) has at least 1 year of experience making 
                microloans to startup, newly established, or 
                growing small business concerns and providing, 
                as an integral part of its microloan program, 
                intensive marketing, management, and technical 
                assistance to its borrowers.
          (3) Loans to intermediaries.--
                  (A) Intermediary applications.--(i) In 
                general.--As part of its application for a 
                loan, each intermediary shall submit a 
                description to the Administration of--
                          (I) the type of businesses to be 
                        assisted;
                          (II) the size and range of loans to 
                        be made;
                          (III) the geographic area to be 
                        served and its economic, proverty, and 
                        unemployment characteristics;
                          (IV) the status of small business 
                        concerns in the area to be served and 
                        an analysis of their credit and 
                        technical assistance needs;
                          (V) any marketing, management, and 
                        technical assistance to be provided in 
                        connection with a loan made under this 
                        subsection;
                          (VI) the local economic credit 
                        markets, including the costs associated 
                        with obtaining credit locally;
                          (VII) the qualifications of the 
                        applicant to carry out the purpose of 
                        this subsection; and
                          (VIII) any plan to involve other 
                        technical assistance providers (such as 
                        counselors from the [Service Corps of 
                        Retired Executives] SCORE program or 
                        small business development centers) or 
                        private sector lenders in assisting 
                        selected business concerns.
                  (ii) Selection of intermediaries.--In 
                selecting intermediaries to participate in the 
                program established under this subsection, the 
                Administration shall give priority to those 
                applicants that provide loans in amounts 
                averaging not more than $10,000.
                  (B) Intermediary contribution.--As a 
                condition of any loan made to an intermediary 
                under subparagraph (B)(i) of paragraph (1), the 
                Administrator shall require the intermediary to 
                contribute not less than 15 percent of the loan 
                amount in cash from non-Federal sources.
                  (C) Loan limits.--Notwithstanding subsection 
                (a)(3), no loan shall be made under this 
                subsection if the total amount outstanding and 
                committed to one intermediary (excluding 
                outstanding grants) from the business loan and 
                investment fund established by this Act would, 
                as a result of such loan, exceed $750,000 in 
                the first year of such intermediary's 
                participation in the program, and $5,000,000 in 
                the remaining years of the intermediary's 
                participation in the program.
                  (D)(i) In general.--The Administrator shall, 
                by regulation, require each intermediary to 
                establish a loan loss reserve fund, and to 
                maintain such reserve fund until all 
                obligations owed to the Administration under 
                this subsection are repaid.
                  (ii) Level of loan loss reserve fund.--
                          (I) In general.--Subject to subclause 
                        (III), the Administrator shall require 
                        the loan loss reserve fund of an 
                        intermediary to be maintained at a 
                        level equal to 15 percent of the 
                        outstanding balance of the notes 
                        receivable owed to the intermediary.
                          (II) Review of loan loss reserve.--
                        After the initial 5 years of an 
                        intermediary's participation in the 
                        program authorized by this subsection, 
                        the Administrator shall, at the request 
                        of the intermediary, conduct a review 
                        of the annual loss rate of the 
                        intermediary. Any intermediary in 
                        operation under this subsection prior 
                        to October 1, 1994, that requests a 
                        reduction in its loan loss reserve 
                        shall be reviewed based on the most 
                        recent 5-year period preceding the 
                        request.
                          (III) Reduction of loan loss 
                        reserve.--Subject to the requirements 
                        of clause IV, the Administrator may 
                        reduce the annual loan loss reserve 
                        requirement of an intermediary to 
                        reflect the actual average loan loss 
                        rate for the intermediary during the 
                        preceding 5-year period, except that in 
                        no case shall the loan loss reserve be 
                        reduced to less than 10 percent of the 
                        outstanding balance of the notes 
                        receivable owed to the intermediary.
                          (IV) Requirements.--The Administrator 
                        may reduce the annual loan loss reserve 
                        requirement of an intermediary only if 
                        the intermediary demonstrates to the 
                        satisfaction of the Administrator 
                        that--
                                  (aa) the average annual loss 
                                rate for the intermediary 
                                during the preceding 5-year 
                                period is less than 15 percent; 
                                and
                                  (bb) that no other factors 
                                exist that may impair the 
                                ability of the intermediary to 
                                repay all obligations owed to 
                                the Administration under this 
                                subsection.
                  (E) Unavailability of comparable credit.--An 
                intermediary may make a loan under this 
                subsection of more than $20,000 to a small 
                business concern only if such small business 
                concern demonstrates that it is unable to 
                obtain credit elsewhere at comparable interest 
                rates and that it has good prospects for 
                success. In no case shall an intermediary make 
                a loan under this subsection of more than 
                $50,000, or have outstanding or committed to 
                any 1 borrower more than $50,000.
                  (F) Loan duration; interest rates.--
                          (i) Loan duration.--Loans made by the 
                        Administration under this subsection 
                        shall be for a term of 10 years.
                          (ii) Applicable interest rates.--
                        Except as provided in clause (iii), 
                        loans made by the Administration under 
                        this subsection to an intermediary 
                        shall bear an interest rate equal to 
                        1.25 percentage points below the rate 
                        determined by the Secretary of the 
                        Treasury for obligations of the United 
                        States with a period of maturity of 5 
                        years, adjusted to the nearest one-
                        eighth of 1 percent.
                          (iii) Rates applicable to certain 
                        small loans.--Loans made by the 
                        Administration to an intermediary that 
                        makes loans to small business concerns 
                        and entrepreneurs averaging not more 
                        than $7,500, shall bear an interest 
                        rate that is 2 percentage points below 
                        the rate determined by the Secretary of 
                        the Treasury for obligations of the 
                        United States with a period of maturity 
                        of 5 years, adjusted to the nearest 
                        one-eighth of 1 percent.
                          (iv) Rates applicable to multiple 
                        sites or offices.--The interest rate 
                        prescribed in clause (ii) or (iii) 
                        shall apply to each separate loan-
                        making site or office of 1 intermediary 
                        only if such site or office meets the 
                        requirements of that clause.
                          (v) Rate basis.--The applicable rate 
                        of interest under this paragraph 
                        shall--
                                  (I) be applied retroactively 
                                for the first year of an 
                                intermediary's participation in 
                                the program, based upon the 
                                actual lending practices of the 
                                intermediary as determined by 
                                the Administration prior to the 
                                end of such year; and
                                  (II) be based in the second 
                                and subsequent years of an 
                                intermediary's participation in 
                                the program, upon the actual 
                                lending practices of the 
                                intermediary during the term of 
                                the intermediary's 
                                participation in the program.
                          (vii) Covered intermediaries.--The 
                        interest rates prescribed in this 
                        subparagraph shall apply to all loans 
                        made to intermediaries under this 
                        subsection on or after October 28, 
                        1991.
                  (G) Delayed payments.--The Administration 
                shall not require repayment of interest or 
                principal of a loan made to an intermediary 
                under this subsection during the first year of 
                the loan.
                  (H) Fees; collateral.--Except as provided in 
                subparagraphs (B) and (D), the Administration 
                shall not charge any fees or require collateral 
                other than an assignment of the notes 
                receivable of the microloans with respect to 
                any loan made to an intermediary under this 
                subsection.
          (4) Marketing, management and technical assistance 
        grants to intermediaries.--Grants made in accordance 
        with subparagraph (B)(ii) of paragraph (1) shall be 
        subject to the following requirements:
                  (A) Grant amounts.--Except as otherwise 
                provided in subparagraph (C) and subject to 
                subparagraph (B), each intermediary that 
                receives a loan under subparagraph (B)(i) of 
                paragraph (1) shall be eligible to receive a 
                grant to provide marketing, management, and 
                technical assistance to small business concerns 
                that are borrowers under this subsection. 
                Except as provided in subparagraph (C), each 
                intermediary meeting the requirements of 
                subparagraph (B) may receive a grant of not 
                more than 25 percent of the total outstanding 
                balance of loans made to it under this 
                subsection.
                  (B) Contribution.--As a condition of a grant 
                made under subparagraph (A), the Administrator 
                shall require the intermediary to contribute an 
                amount equal to 25 percent of the amount of the 
                grant, obtained solely from non-Federal 
                sources. In addition to cash or other direct 
                funding, the contribution may include indirect 
                costs or in-kind contributions paid for under 
                non-Federal programs.
                  (C) Additional technical assistance grants 
                for making certain loans.--
                          (i) In general.--In addition to 
                        grants made under subparagraph (A), 
                        each intermediary shall be eligible to 
                        receive a grant equal to 5 percent of 
                        the total outstanding balance of loans 
                        made to the intermediary under this 
                        subsection if--
                                  (I) the intermediary provides 
                                not less than 25 percent of its 
                                loans to small business 
                                concerns located in or owned by 
                                one or more residents of an 
                                economically distressed area; 
                                or
                                  (II) the intermediary has a 
                                portfolio of loans made under 
                                this subsection that averages 
                                not more than $10,000 during 
                                the period of the 
                                intermediary's participation in 
                                the program.
                          (ii) Purposes.--A grant awarded under 
                        clause (i) may be used to provide 
                        marketing, management, and technical 
                        assistance to small business concerns 
                        that are borrowers under this 
                        subsection.
                          (iii) Contribution exception.--The 
                        contribution requirements in 
                        subparagraph (B) do not apply to grants 
                        made under this subparagraph.
                  (D) Eligibility for multiple sites or 
                offices.--The eligibility for a grant described 
                in subparagraph (A) or (C) shall be determined 
                separately for each loan-making site or office 
                of 1 intermediary.
                  (E) Assistance to certain small business 
                concerns.--
                          (i) In general.--Each intermediary 
                        may expend an amount not to exceed 25 
                        percent of the grant funds received 
                        under paragraph (1)(B)(ii) to provide 
                        information and technical assistance to 
                        small business concerns that are 
                        prospective borrowers under this 
                        subsection.
                          (ii) Technical assistance.--An 
                        intermediary may expend not more than 
                        25 percent of the funds received under 
                        paragraph (1)(B)(ii) to enter into 
                        third party contracts for the provision 
                        of technical assistance.
                  (F) Supplemental grant.--
                          (i) In general.--The Administration 
                        may accept any funds transferred to the 
                        Administration from other departments 
                        or agencies of the Federal Government 
                        to make grants in accordance with this 
                        subparagraph and section 202(b) of the 
                        Small Business Reauthorization Act of 
                        1997 to participating intermediaries 
                        and technical assistance providers 
                        under paragraph (5), for use in 
                        accordance with clause (iii) to provide 
                        additional technical assistance and 
                        related services to recipients of 
                        assistance under a State program 
                        described in paragraph (1)(A)(iv) at 
                        the time they initially apply for 
                        assistance under this subparagraph.
                          (ii) Eligible recipients; grant 
                        amounts.--In making grants under this 
                        subparagraph, the Administration may 
                        select, from among participating 
                        intermediaries and technical assistance 
                        providers described in clause (i), not 
                        more than 20 grantees in fiscal year 
                        1998, not more than 25 grantees in 
                        fiscal year 1999, and not more than 30 
                        grantees in fiscal year 2000, each of 
                        whom may receive a grant under this 
                        subparagraph in an amount not to exceed 
                        $200,000 per year.
                          (iii) Use of grant amounts.--Grants 
                        under this subparagraph--
                                  (I) are in addition to other 
                                grants provided under this 
                                subsection and shall not 
                                require the contribution of 
                                matching amounts as a condition 
                                of eligibility; and
                                  (II) may be used by a 
                                grantee--
                                          (aa) to pay or 
                                        reimburse a portion of 
                                        child care and 
                                        transportation costs of 
                                        recipients of 
                                        assistance described in 
                                        clause (i), to the 
                                        extent such costs are 
                                        not otherwise paid by 
                                        State block grants 
                                        under the Child Care 
                                        Development Block Grant 
                                        Act of 1990 (42 U.S.C. 
                                        9858 et seq.) or under 
                                        part A of title IV of 
                                        the Social Security Act 
                                        (42 U.S.C. 601 et 
                                        seq.); and
                                          (bb) for marketing, 
                                        management, and 
                                        technical assistance to 
                                        recipients of 
                                        assistance described in 
                                        clause (i).
                          (iv) Memorandum of understanding.--
                        Prior to accepting any transfer of 
                        funds under clause (i) from a 
                        department or agency of the Federal 
                        Government, the Administration shall 
                        enter into a Memorandum of 
                        Understanding with the department or 
                        agency, which shall--
                                  (I) specify the terms and 
                                conditions of the grants under 
                                this subparagraph; and
                                  (II) provide for appropriate 
                                monitoring of expenditures by 
                                each grantee under this 
                                subparagraph and each recipient 
                                of assistance described in 
                                clause (i) who receives 
                                assistance from a grantee under 
                                this subparagraph, in order to 
                                ensure compliance with this 
                                subparagraph by those grantees 
                                and recipients of assistance.
          (5) Private sector borrowing technical assistance 
        grants.--Grants made in accordance with subparagraph 
        (B)(iii) of paragraph (1) shall be subject to the 
        following requirements:
                  (A) Grant amounts.--Subject to the 
                requirements of subparagraph (B), the 
                Administration may make not more than 55 grants 
                annually, each in amounts not to exceed 
                $200,000 for the purposes specified in 
                subparagraph (B)(iii) of paragraph (1).
                  (B) Contribution.--As a condition of any 
                grant made under subparagraph (A), the 
                Administration shall require the grant 
                recipient to contribute an amount equal to 20 
                percent of the amount of the grant, obtained 
                solely from non-Federal sources. In addition to 
                cash or other direct funding, the contribution 
                may include indirect costs or in-kind 
                contributions paid for under non-Federal 
                programs.
          (6) Loans to small business concerns from eligible 
        intermediaries.--
                  (A) In general.--An eligible intermediary 
                shall make short-term, fixed rate loans to 
                startup, newly established, and growing small 
                business concerns from the funds made available 
                to it under subparagraph (B)(i) of paragraph 
                (1) for working capital and the acquisition of 
                materials, supplies, furniture, fixtures, and 
                equipment.
                  (B) Portfolio requirement.--To the extent 
                practicable, each intermediary that operates a 
                microloan program under this subsection shall 
                maintain a microloan portfolio with an average 
                loan size of not more than $15,000.
                  (C) Interest limit.--Notwithstanding any 
                provision of the laws of any State or the 
                constitution of any State pertaining to the 
                rate or amount of interest that may be charged, 
                taken, received, or reserved on a loan, the 
                maximum rate of interest to be charged on a 
                microloan funded under this subsection shall 
                not exceed the rate of interest applicable to a 
                loan made to an intermediary by the 
                Administration--
                          (i) in the case of a loan of more 
                        than $7,500 made by the intermediary to 
                        a small business concern or 
                        entrepreneur by more than 7.75 
                        percentage points; and
                          (ii) in the case of a loan of not 
                        more than $7,500 made by the 
                        intermediary to a small business 
                        concern or entrepreneur by more than 
                        8.5 percentage points.
                  (D) Review restriction.--The Administration 
                shall not review individual microloans made by 
                intermediaries prior to approval.
                  (E) Establishment of child care or 
                transportation businesses.--In addition to 
                other eligible small businesses concerns, 
                borrowers under any program under this 
                subsection may include individuals who will use 
                the loan proceeds to establish for-profit or 
                nonprofit child care establishments or 
                businesses providing for-profit transportation 
                services.
          (7) Program funding for microloans.--
                  (A) Number of participants.--Under the 
                program authorized by this subsection, the 
                Administration may fund, on a competitive 
                basis, not more than 300 intermediaries.
                  (B) Allocation.--
                          (i) Minimum allocation.--Subject to 
                        the availability of appropriations, of 
                        the total amount of new loan funds made 
                        available for award under this 
                        subsection in each fiscal year, the 
                        Administration shall make available for 
                        award in each State (including the 
                        District of Columbia, the Commonwealth 
                        of Puerto Rico, the United States 
                        Virgin Islands, Guam, and American 
                        Samoa) an amount equal to the sum of--
                                  (I) the lesser of--
                                          (aa) $800,000; or
                                          (bb) \1/55\ of the 
                                        total amount of new 
                                        loan funds made 
                                        available for award 
                                        under this subsection 
                                        for that fiscal year; 
                                        and
                                  (II) any additional amount, 
                                as determined by the 
                                Administration.
                          (ii) Redistribution.--If, at the 
                        beginning of the third quarter of a 
                        fiscal year, the Administration 
                        determines that any portion of the 
                        amount made available to carry out this 
                        subsection is unlikely to be made 
                        available under clause (i) during that 
                        fiscal year, the Administration may 
                        make that portion available for award 
                        in any one or more States (including 
                        the District of Columbia, the 
                        Commonwealth of Puerto Rico, the United 
                        States Virgin Islands, Guam, and 
                        American Samoa) without regard to 
                        clause (i).
          (8) Equitable distribution of intermediaries.--In 
        approving microloan program applicants and providing 
        funding to intermediaries under this subsection, the 
        Administration shall select and provide funding to such 
        intermediaries as will ensure appropriate availability 
        of loans for small businesses in all industries located 
        throughout each State, particularly those located in 
        urban and in rural areas.
          (9) Grants for management, marketing, technical 
        assistance, and related services.--
                  (A) In general.--The Administration may 
                procure technical assistance for intermediaries 
                participating in the Microloan Program to 
                ensure that such intermediaries have the 
                knowledge, skills, and understanding of 
                microlending practices necessary to operate 
                successful microloan programs.
                  (B) Assistance amount.--The Administration 
                shall transfer 7 percent of its annual 
                appropriation for loans and loan guarantees 
                under this subsection to the Administration's 
                Salaries and Expense Account for the specific 
                purpose of providing 1 or more technical 
                assistance grants to experienced microlending 
                organizations and national and regional 
                nonprofit organizations that have demonstrated 
                experience in providing training support for 
                microenterprise development and financing. to 
                achieve the purpose set forth in subparagraph 
                (A).
                  (C) Welfare-to-work microloan initiative.--Of 
                amounts made available to carry out the 
                welfare-to-work microloan initiative under 
                paragraph (1)(A)(iv) in any fiscal year, the 
                Administration may use not more than 5 percent 
                to provide technical assistance, either 
                directly or through contractors, to welfare-to-
                work microloan initiative grantees, to ensure 
                that, as grantees, they have the knowledge, 
                skills, and understanding of microlending and 
                welfare-to-work transition, and other related 
                issues, to operate a successful welfare-to-work 
                microloan initiative.
          (10) Report to congress.--On November 1, 1995, the 
        Administration shall submit to the Committees on Small 
        Business of the Senate and the House of Representatives 
        a report, including the Administration's evaluation of 
        the effectiveness of the first 3\1/2\ years of the 
        microloan program and the following:
                  (A) the numbers and locations of the 
                intermediaries funded to conduct microloan 
                programs;
                  (B) the amounts of each loan and each grant 
                to intermediaries;
                  (C) a description of the matching 
                contributions of each intermediary;
                  (D) the numbers and amounts of microloans 
                made by the intermediaries to small business 
                concern borrowers;
                  (E) the repayment history of each 
                intermediary;
                  (F) a description of the loan portfolio of 
                each intermediary including the extent to which 
                it provides microloans to small business 
                concerns in rural areas; and
                  (G) any recommendations for legislative 
                changes that would improve program operations.
          (11) Definitions.--For purposes of this subsection--
                  (A) the term ``intermediary'' means--
                          (i) a private, nonprofit entity;
                          (ii) a private, nonprofit community 
                        development corporation;
                          (iii) a consortium of private, 
                        nonprofit organizations or nonprofit 
                        community development corporations;
                          (iv) a quasi-governmental economic 
                        development entity (such as a planning 
                        and development district), other than a 
                        State, county, municipal government, or 
                        any agency thereof, if--
                                  (I) no application is 
                                received from an eligible 
                                nonprofit organization; or
                                  (II) the Administration 
                                determines that the needs of a 
                                region or geographic area are 
                                not adequately served by an 
                                existing, eligible nonprofit 
                                organization that has submitted 
                                an application; or
                          (v) an agency of or nonprofit entity 
                        established by a Native American Tribal 
                        Government,
                that seeks to borrow or has borrowed funds from 
                the Administration to make microloans to small 
                business concerns under this subsection;
                  (B) the term ``microloan'' means a short-
                term, fixed rate loan of not more than $50,000, 
                made by an intermediary to a startup, newly 
                established, or growing small business concern;
                  (C) the term ``rural area'' means any 
                political subdivision or unincorporated area--
                          (i) in a nonmetropolitan county (as 
                        defined by the Secretary of 
                        Agriculture) or its equivalent thereof; 
                        or
                          (ii) in a metropolitan county or its 
                        equivalent that has a resident 
                        population of less than 20,000 if the 
                        Small Business Administration has 
                        determined such political subdivision 
                        or area to be rural; and
                  (D) the term ``economically distressed 
                area'', as used in paragraph (4), means a 
                county or equivalent division of local 
                government of a State in which the small 
                business concern is located, in which, 
                according to the most recent data available 
                from the Bureau of the Census, Department of 
                Commerce, not less than 40 percent of residents 
                have an annual income that is at or below the 
                poverty level.
          (12) Deferred participation loan pilot.--In lieu of 
        making direct loans to intermediaries as authorized in 
        paragraph (1)(B), during fiscal years 1998 through 
        2000, the Administration may, on a pilot program basis, 
        participate on a deferred basis of not less than 90 
        percent and not more than 100 percent on loans made to 
        intermediaries by a for-profit or nonprofit entity or 
        by alliances of such entities, subject to the following 
        conditions:
                  (A) Number of loans.--In carrying out this 
                paragraph, the Administration shall not 
                participate in providing financing on a 
                deferred basis to more than 10 intermediaries 
                in urban areas or more than 10 intermediaries 
                in rural areas.
                  (B) Term of loans.--The term of each loan 
                shall be 10 years. During the first year of the 
                loan, the intermediary shall not be required to 
                repay any interest or principal. During the 
                second through fifth years of the loan, the 
                intermediary shall be required to pay interest 
                only. During the sixth through tenth years of 
                the loan, the intermediary shall be required to 
                make interest payments and fully amortize the 
                principal.
                  (C) Interest rate.--The interest rate on each 
                loan shall be the rate specified by paragraph 
                (3)(F) for direct loans.
          (13) Evaluation of welfare-to-work microloan 
        initiative.--On January 31, 1999, and annually 
        thereafter, the Administration shall submit to the 
        Committees on Small Business of the House of 
        Representatives and the Senate a report on any monies 
        distributed pursuant to paragraph (4)(F).
  (n) Repayment Deferred for Active Duty Reservists.--
          (1) Definitions.--In this subsection:
                  (A) Eligible reservist.--The term ``eligible 
                reservist'' means a member of a reserve 
                component of the Armed Forces ordered to active 
                duty during a period of military conflict.
                  (B) Essential employee.--The term ``essential 
                employee'' means an individual who is employed 
                by a small business concern and whose 
                managerial or technical expertise is critical 
                to the successful day-to-day operations of that 
                small business concern.
                  (C) Period of military conflict.--The term 
                ``period of military conflict'' means--
                          (i) a period of war declared by the 
                        Congress;
                          (ii) a period of national emergency 
                        declared by the Congress or by the 
                        President; or
                          (iii) a period of a contingency 
                        operation, as defined in section 101(a) 
                        of title 10, United States Code.
                  (D) Qualified borrower.--The term ``qualified 
                borrower'' means--
                          (i) an individual who is an eligible 
                        reservist and who received a direct 
                        loan under subsection (a) or (b) before 
                        being ordered to active duty; or
                          (ii) a small business concern that 
                        received a direct loan under subsection 
                        (a) or (b) before an eligible 
                        reservist, who is an essential 
                        employee, was ordered to active duty.
          (2) Deferral of direct loans.--
                  (A) In general.--The Administration shall, 
                upon written request, defer repayment of 
                principal and interest due on a direct loan 
                made under subsection (a) or (b), if such loan 
                was incurred by a qualified borrower.
                  (B) Period of deferral.--The period of 
                deferral for repayment under this paragraph 
                shall begin on the date on which the eligible 
                reservist is ordered to active duty and shall 
                terminate on the date that is 180 days after 
                the date such eligible reservist is discharged 
                or released from active duty.
                  (C) Interest rate reduction during 
                deferral.--Notwithstanding any other provision 
                of law, during the period of deferral described 
                in subparagraph (B), the Administration may, in 
                its discretion, reduce the interest rate on any 
                loan qualifying for a deferral under this 
                paragraph.
          (3) Deferral of loan guarantees and other 
        financings.--The Administration shall--
                  (A) encourage intermediaries participating in 
                the program under subsection (m) to defer 
                repayment of a loan made with proceeds made 
                available under that subsection, if such loan 
                was incurred by a small business concern that 
                is eligible to apply for assistance under 
                subsection (b)(3); and
                  (B) not later than 30 days after the date of 
                the enactment of this subsection, establish 
                guidelines to--
                          (i) encourage lenders and other 
                        intermediaries to defer repayment of, 
                        or provide other relief relating to, 
                        loan guarantees under subsection (a) 
                        and financings under section 504 of the 
                        Small Business Investment Act of 1958 
                        that were incurred by small business 
                        concerns that are eligible to apply for 
                        assistance under subsection (b)(3), and 
                        loan guarantees provided under 
                        subsection (m) if the intermediary 
                        provides relief to a small business 
                        concern under this paragraph; and
                          (ii) implement a program to provide 
                        for the deferral of repayment or other 
                        relief to any intermediary providing 
                        relief to a small business borrower 
                        under this paragraph.
  Sec. 8. (a)(1) It shall be the duty of the Administration and 
it is hereby empowered, whenever it determines such action is 
necessary or appropriate--
          (A) to enter into contracts with the United States 
        Government and any department, agency, or officer 
        thereof having procurement powers obligating the 
        Administration to furnish articles, equipment, 
        supplies, services, or materials to the Government or 
        to perform construction work for the Government. In any 
        case in which the Administration certifies to any 
        officer of the Government having procurement powers 
        that the Administration is competent and responsible to 
        perform any specific Government procurement contract to 
        be let by any such officer, such officer shall be 
        authorized in his discretion to let such procurement 
        contract to the Administration upon such terms and 
        conditions as may be agreed upon between the 
        Administration and the procurement officer. Whenever 
        the Administration and such procurement officer fail to 
        agree, the matter shall be submitted for determination 
        to the Secretary or the head of the appropriate 
        department or agency by the Administrator. Not later 
        than 5 days from the date the Administration is 
        notified of a procurement officer's adverse decision, 
        the Administration may notify the contracting officer 
        of the intent to appeal such adverse decision, and 
        within 15 days of such date the Administrator shall 
        file a written request for a reconsideration of the 
        adverse decision with the Secretary of the department 
        or agency head. For the purposes of this subparagraph, 
        a procurement officer's adverse decision includes a 
        decision not to make available for award pursuant to 
        this subsection a particular procurement requirement or 
        the failure to agree on the terms and conditions of a 
        contract to be awarded noncompetitively under the 
        authority of this subsection. Upon receipt of the 
        notice of intent to appeal, the Secretary of the 
        department or the agency head shall suspend further 
        action regarding the procurement until a written 
        decision on the Administrator's request for 
        reconsideration has been issued by such Secretary or 
        agency head, unless such officer makes a written 
        determination that urgent and compelling circumstances 
        which significantly affect interests of the United 
        States will not permit waiting for a reconsideration of 
        the adverse decision. If the Administrator's request 
        for reconsideration is denied, the Secretary of the 
        department or agency head shall specify the reasons why 
        the selected firm was determined to be incapable to 
        perform the procurement requirement, and the findings 
        supporting such determination, which shall be made a 
        part of the contract file for the requirement. A 
        contract may not be awarded under this subsection if 
        the award of the contract would result in a cost to the 
        awarding agency which exceeds a fair market price;
          (B) to arrange for the performance of such 
        procurement contracts by negotiating or otherwise 
        letting subcontracts to socially and economically 
        disadvantaged small business concerns for construction 
        work, services, or the manufacture, supply, assembly of 
        such articles, equipment, supplies, materials, or parts 
        thereof, or servicing or processing in connection 
        therewith, or such management services as may be 
        necessary to enable the Administration to perform such 
        contracts;
                  (C) to make an award to a small business 
                concern owned and controlled by socially and 
                economically disadvantaged individuals which 
                has completed its period of Program 
                Participation as prescribed by section 
                7(j)(15), if--
                          (i) the contract will be awarded as a 
                        result of an offer (including price) 
                        submitted in response to a published 
                        solicitation relating to a competition 
                        conducted pursuant to subparagraph (D); 
                        and
                          (ii) the prospective contract awardee 
                        was a Program Participant eligible for 
                        award of the contract on the date 
                        specified for receipt of offers 
                        contained in the contract solicitation; 
                        and
          (D)(i) A contract opportunity offered for award 
        pursuant to this subsection shall be awarded on the 
        basis of competition restricted to eligible Program 
        Participants if--
                  (I) there is a reasonable expectation that at 
                least two eligible Program Participants will 
                submit offers and that award can be made at a 
                fair market price, and
                  (II) the anticipated award price of the 
                contract (including options) will exceed 
                $5,000,000 in the case of a contract 
                opportunity assigned a standard industrial 
                classification code for manufacturing and 
                $3,000,000 (including options) in the case of 
                all other contract opportunities.
          (ii) The Associate Administrator for Minority Small 
        Business and Capital Ownership Development, on a 
        nondelegable basis, is authorized to approve a request 
        from an agency to award a contract opportunity under 
        this subsection on the basis of a competition 
        restricted to eligible Program Participants even if the 
        anticipated award price is not expected to exceed the 
        dollar amounts specified in clause (i)(II). Such 
        approvals shall be granted only on a limited basis.
  (2) Notwithstanding subsections (a) and (c) of the first 
section of the Act entitled ``An Act requiring contracts for 
the construction, alteration, and repair of any public building 
or public work of the United States to be accompanied by a 
performance bond protecting the United States and by additional 
bond for the protection of persons furnishing material and 
labor for the construction, alteration, or repair of said 
public buildings or public work,'' approved August 24, 1935 (49 
Stat. 793), no small business concern shall be required to 
provide any amount of any bond as a condition or receiving any 
subcontract under this subsection if the Administrator 
determines that such amount is inappropriate for such concern 
in performing such contract: Provided, That the Administrator 
shall exercise the authority granted by the paragraph only if--
          (A) the Administration takes such measures as it 
        deems appropriate for the protection of persons 
        furnishing materials and labor to a small business 
        receiving any benefit pursuant to this paragraph;
          (B) the Administration assists, insofar as 
        practicable, a small business receiving the benefits of 
        this paragraph to develop, within a reasonable period 
        of time, such financial and other capability as may be 
        needed to obtain such bonds as the Administration may 
        subsequently require for the successful completion of 
        any program conducted under the authority of this 
        subsection;
          (C) the Administration finds that such small business 
        is unable to obtain the requisite bond or bonds from a 
        surety and that no surety is willing to issue such bond 
        or bonds subject to the guarantee provisions of Title 
        IV of the Small Business Investment Act of 1958; and
          (D) that small business is determined to be a start-
        up concern and such concern has not been participating 
        in any program conducted under the authority of this 
        subsection for a period exceeding one year.
The authority to waive bonds provided in this paragraph (2) may 
not be exercised after September 30, 1988.
  (3)(A) Any Program Participant selected by the Administration 
to perform a contract to be let noncompetitively pursuant to 
this subsection shall, when practicable, participate in any 
negotiation of the terms and conditions of such contract.
  (B)(i) For purposes of paragraph (1) a ``fair market price'' 
shall be determined by the agency offering the procurement 
requirement to the Administration, in accordance with clauses 
(ii) and (iii).
  (ii) The estimate of a current fair market price for a new 
procurement requirement, or a requirement that does not have a 
satisfactory procurement history, shall be derived from a price 
or cost analysis. Such analysis may take into account 
prevailing market conditions, commercial prices for similar 
products or services, or data obtained from any other agency. 
Such analysis shall consider such cost or pricing data as may 
be timely submitted by the Administration.
  (iii) The estimate of a current fair market price for a 
procurement requirement that has a satisfactory procurement 
history shall be based on recent award prices adjusted to 
insure comparability. Such adjustments shall take into account 
differences in quantities, performance times, plans, 
specifications, transportation costs, packaging and packing 
costs, labor and materials costs, overhead costs, and any other 
additional costs which may be deemed appropriate.
  (C) An agency offering a procurement requirement for 
potential award pursuant to this subsection shall, upon the 
request of the Administration, promptly submit to the 
Administration a written statement detailing the method used by 
the agency to estimate the current fair market price for such 
contract, identifying the information, studies, analyses, and 
other data used by such agency. The agency's estimate of the 
current fair market price (and any supporting data furnished to 
the Administration) shall not be disclosed to any potential 
offeror (other than the Administration).
  (D) A small business concern selected by the Administration 
to perform or negotiate a contract to be let pursuant to this 
subsection may request the Administration to protest the 
agency's estimate of the fair market price for such contract 
pursuant to paragraph (1)(A).
  (4)(A) For purposes of this section, the term ``socially and 
economically disadvantaged small business concern'' means any 
small business concern which meets the requirements of 
subparagraph (B) and--
          (i) which is at least 51 per centum unconditionally 
        owned by--
                  (I) one or more socially and economically 
                disadvantaged individuals,
                  (II) an economically disadvantaged Indian 
                tribe (or a wholly owned business entity of 
                such tribe), or
                  (III) an economically disadvantaged Native 
                Hawaiian organization, or
          (ii) in the case of any publicly owned business, at 
        least 51 per centum of the stock of which is 
        unconditionally owned by--
                  (I) one or more socially and economically 
                disadvantaged individuals,
                  (II) an economically disadvantaged Indian 
                tribe (or a wholly owned business entity of 
                such tribe), or
                  (III) an economically disadvantaged Native 
                Hawaiian organization.
  (B) A small business concern meets the requirements of this 
subparagraph if the management and daily business operations of 
such small business concern are controlled by one or more--
          (i) socially and economically disadvantaged 
        individuals described in subparagraph (A)(i)(I) or 
        subparagraph (A)(ii)(I),
          (ii) members of an economically disadvantaged Indian 
        tribe described in subparagraph (A)(i)(II) or 
        subparagraph (A)(ii)(II), or
          (iii) Native Hawaiian organizations described in 
        subparagraph (A)(i)(III) or subparagraph (A)(ii)(III).
  (C) Each Program Participant shall certify, on an annual 
basis, that it meets the requirements of this paragraph 
regarding ownership and control.
  (5) Socially disadvantaged individuals are those who have 
been subjected to racial or ethnic prejudice or cultural bias 
because of their identity as a member of a group without regard 
to their individual qualities.
  (6)(A) Economically disadvantaged individuals are those 
socially disadvantaged individuals whose ability to compete in 
the free enterprise system has been impaired due to diminished 
capital and credit opportunities as compared to others in the 
same business area who are not socially disadvantaged. In 
determining the degree of diminished credit and capital 
opportunities the Administration shall consider, but not be 
limited to, the assets and net worth of such socially 
disadvantaged individual. In determining the economic 
disadvantage of an Indian tribe, the Administration shall 
consider, where available, information such as the following: 
the per capita income of members of the tribe excluding 
judgment awards, the percentage of the local Indian population 
below the poverty level, and the tribe's access to capital 
markets.
  (B) Each Program Participant shall annually submit to the 
Administration--
          (i) a personal financial statement for each 
        disadvantaged owner;
          (ii) a record of all payments made by the Program 
        Participant to each of its disadvantaged owners or to 
        any person or entity affiliated with such owners; and
          (iii) such other information as the Administration 
        may deem necessary to make the determinations required 
        by this paragraph.
  (C)(i) Whenever, on the basis of information provided by a 
Program Participant pursuant to subparagraph (B) or otherwise, 
the Administration has reason to believe that the standards to 
establish economic disadvantage pursuant to subparagraph (A) 
have not been met, the Administration shall conduct a review to 
determine whether such Program Participant and its 
disadvantaged owners continue to be impaired in their ability 
to compete in the free enterprise system due to diminished 
capital and credit opportunities when compared to other 
concerns in the same business area, which are not socially 
disadvantaged.
  (ii) If the Administration determines, pursuant to such 
review, that a Program Participant and its disadvantaged owners 
are no longer economically disadvantaged for the purpose of 
receiving assistance under this subsection, the Program 
Participant shall be graduated pursuant to section 7(j)(10)(G) 
subject to the right to a hearing as provided for under 
paragraph (9).
  (D)(i) Whenever, on the basis of information provided by a 
Program Participant pursuant to subparagraph (B) or otherwise, 
the Administration has reason to believe that the amount of 
funds or other assets withdrawn from a Program Participant for 
the personal benefit of its disadvantaged owners or any person 
or entity affiliated with such owners may have been unduly 
excessive, the Administration shall conduct a review to 
determine whether such withdrawal of funds or other assets was 
detrimental to the achievement of the targets, objectives, and 
goals contained in such Program Participant's business plan.
  (ii) If the Administration determines, pursuant to such 
review, that funds or other assets have been withdrawn to the 
detriment of the Program Participant's business, the 
Administration shall--
          (I) initiate a proceeding to terminate the Program 
        Participant pursuant to section 7(j)(10)(F), subject to 
        the right to a hearing under paragraph (9); or
          (II) require an appropriate reinvestment of funds or 
        other assets and such other steps as the Administration 
        may deem necessary to ensure the protection of the 
        concern.
  (E) Whenever the Administration computes personal net worth 
for any purpose under this paragraph, it shall exclude from 
such computation--
          (i) the value of investments that disadvantaged 
        owners have in their concerns, except that such value 
        shall be taken into account under this paragraph when 
        comparing such concerns to other concerns in the same 
        business area that are owned by other than socially 
        disadvantaged persons;
          (ii) the equity that disadvantaged owners have in 
        their primary personal residences, except that any 
        portion of such equity that is attributable to unduly 
        excessive withdrawals from a Program Participant or a 
        concern applying for program participation shall be 
        taken into account.
  (7)(A) No small business concern shall be deemed eligible for 
any assistance pursuant to this subsection unless the 
Administration determines that with contract, financial, 
technical, and management support the small business concern 
will be able to perform contracts which may be awarded to such 
concern under paragraph (1)(C) and has reasonable prospects for 
success in competing in the private sector.
  (B) Limitations established by the Administration in its 
regulations and procedures restricting the award of contracts 
pursuant to this subsection to a limited number of standard 
industrial classification codes in an approved business plan 
shall not be applied in a manner that inhibits the logical 
business progression by a participating small business concern 
into areas of industrial endeavor where such concern has the 
potential for success.
  (8) All determinations made pursuant to paragraph (5) with 
respect to whether a group has been subjected to prejudice or 
bias shall be made by the Administrator after consultation with 
the Associate Administrator for Minority Small Business and 
Capital Ownership Development. All other determinations made 
pursuant to paragraphs (4), (5), (6), and (7) shall be made by 
the Associate Administrator for Minority Small Business and 
Capital Ownership Development under the supervision of, and 
responsible to, the Administrator.
  (9)(A) Subject to the provisions of subparagraph (E), the 
Administration, prior to taking any action described in 
subparagraph (B), shall provide the small business concern that 
is the subject of such action, an opportunity for a hearing on 
the record, in accordance with chapter 5 of title 5, United 
States Code.
  (B) The actions referred to in subparagraph (A) are--
          (i) denial of program admission based upon a negative 
        determination pursuant to paragraph (4), (5), or (6);
          (ii) a termination pursuant to section 7(j)(10)(F);
          (iii) a graduation pursuant to section 7(j)(10)(G); 
        and
          (iv) the denial of a request to issue a waiver 
        pursuant to paragraph (21)(B).
  (C) The Administration's proposed action, in any proceeding 
conducted under the authority of this paragraph, shall be 
sustained unless it is found to be arbitrary, capricious, or 
contrary to law.
  (D) A decision rendered pursuant to this paragraph shall be 
the final decision of the Administration and shall be binding 
upon the Administration and those within its employ.
  (E) The adjudicator selected to preside over a proceeding 
conducted under the authority of this paragraph shall decline 
to accept jurisdiction over any matter that--
          (i) does not, on its face, allege facts that, if 
        proven to be true, would warrant reversal or 
        modification of the Administration's position;
          (ii) is untimely filed;
          (iii) is not filed in accordance with the rules of 
        procedure governing such proceedings; or
          (iv) has been decided by or is the subject of an 
        adjudication before a court of competent jurisdiction 
        over such matters.
  (F) Proceedings conducted pursuant to the authority of this 
paragraph shall be completed and a decision rendered, insofar 
as practicable, within ninety days after a petition for a 
hearing is filed with the adjudicating office.
  (10) The Administration shall develop and implement an 
outreach program to inform and recruit small business concerns 
to apply for eligibility for assistance under this subsection. 
Such program shall make a sustained and substantial effort to 
solicit applications for certification from small business 
concerns located in areas of concentrated unemployment or 
underemployment or within labor surplus areas and within States 
having relatively few Program Participants and from small 
disadvantaged business concerns in industry categories that 
have not substantially participated in the award of contracts 
let under the authority of this subsection.
  (11) To the maximum extent practicable, construction 
subcontracts awarded by the Administration pursuant to this 
subsection shall be awarded within the county or State where 
the work is to be performed.
  (12)(A) The Administration shall require each concern 
eligible to receive subcontracts pursuant to this subsection to 
annually prepare and submit to the Administration a capability 
statement. Such statement shall briefly describe such concern's 
various contract performance capabilities and shall contain the 
name and telephone number of the Business Opportunity 
Specialist assigned such concern. The Administration shall 
separate such statements by those primarily dependent upon 
local contract support and those primarily requiring a national 
marketing effort. Statements primarily dependent upon local 
contract support shall be disseminated to appropriate buying 
activities in the marketing area of the concern. The remaining 
statements shall be disseminated to the Directors of Small and 
Disadvantaged Business Utilization for the appropriate agencies 
who shall further distribute such statements to buying 
activities with such agencies that may purchase the types of 
items or services described on the capability statements.
  (B) Contracting activities receiving capability statements 
shall, within 60 days after receipt, contact the relevant 
Business Opportunity Specialist to indicate the number, type, 
and approximate dollar value of contract opportunities that 
such activities may be awarding over the succeeding 12-month 
period and which may be appropriate to consider for award to 
those concerns for which it has received capability statements.
  (C) Each executive agency reporting to the Federal 
Procurement Data System contract actions with an aggregate 
value in excess of $50,000,000 in fiscal year 1988, or in any 
succeeding fiscal year, shall prepare a forecast of expected 
contract opportunities or classes of contract opportunities for 
the next and succeeding fiscal years that small business 
concerns, including those owned and controlled by socially and 
economically disadvantaged individuals, are capable of 
performing. Such forecast shall be periodically revised during 
such year. To the extent such information is available, the 
agency forecasts shall specify:
          (i) The approximate number of individual contract 
        opportunities (and the number of opportunities within a 
        class).
          (ii) The approximate dollar value, or range of dollar 
        values, for each contract opportunity or class of 
        contract opportunities.
          (iii) The anticipated time (by fiscal year quarter) 
        for the issuance of a procurement request.
          (iv) The activity responsible for the award and 
        administration of the contract.
  (D) The head of each executive agency subject to the 
provisions of subparagraph (C) shall within 10 days of 
completion furnish such forecasts to--
          (i) the Director of the Office of Small and 
        Disadvantaged Business Utilization established pursuant 
        to section 15(k) for such agency; and
          (ii) the Administrator.
  (E) The information reported pursuant to subparagraph (D) may 
be limited to classes of items and services for which there are 
substantial annual purchases.
  (F) Such forecasts shall be available to small business 
concerns.
  (13) For purposes of this subsection, the term ``Indian 
tribe'' means any Indian tribe, band, nation, or other 
organized group or community of Indians, including any Alaska 
Native village or regional or village corporation (within the 
meaning of the Alaska Native Claims Settlement Act) which--
          (A) is recognized as eligible for the special 
        programs and services provided by the United States to 
        Indians because of their status as Indians, or
          (B) is recognized as such by the State in which such 
        tribe, band, nation, group, or community resides.
          (14) Limitations on subcontracting.--A concern may 
        not be awarded a contract under this subsection as a 
        small business concern unless the concern agrees to 
        satisfy the requirements of section 46.
  (15) For purposes of this subsection, the term ``Native 
Hawaiian Organization'' means any community service 
organization serving Native Hawaiians in the State of Hawaii 
which--
          (A) is a nonprofit corporation that has filed 
        articles of incorporation with the director (or the 
        designee thereof) of the Hawaii Department of Commerce 
        and Consumer Affairs, or any successor agency,
          (B) is controlled by Native Hawaiians, and
          (C) whose business activities will principally 
        benefit such Native Hawaiians.
  (16)(A) The Administration shall award sole source contracts 
under this section to any small business concern recommended by 
the procuring agency offering the contract opportunity if--
          (i) the Program Participant is determined to be a 
        responsible contractor with respect to performance of 
        such contract opportunity;
          (ii) the award of such contract would be consistent 
        with the Program Participant's business plan; and
          (iii) the award of the contract would not result in 
        the Program Participant exceeding the requirements 
        established by section 7(j)(10)(I).
  (B) To the maximum extent practicable, the Administration 
shall promote the equitable geographic distribution of sole 
source contracts awarded pursuant to this subsection.
  (17)(A) An otherwise responsible business concern that is in 
compliance with the requirements of subparagraph (B) shall not 
be denied the opportunity to submit and have considered its 
offer for any procurement contract, which contract has as its 
principal purpose the supply of a product to be let pursuant to 
this subsection, subsection (m), section 15(a), section 31, or 
section 36, solely because such concern is other than the 
actual manufacturer or processor of the product to be supplied 
under the contract.
  (B) To be in compliance with the requirements referred to in 
subparagraph (A), such a business concern shall--
          (i) be primarily engaged in the wholesale or retail 
        trade;
          (ii) be a small business concern under the numerical 
        size standard for the Standard Industrial 
        Classification Code assigned to the contract 
        solicitation on which the offer is being made;
          (iii) be a regular dealer, as defined pursuant to 
        section 35(a) of title 41, United States Code 
        (popularly referred to as the Walsh-Healey Public 
        Contracts Act), in the product to be offered the 
        Government or be specifically exempted from such 
        section by section 7(j)(13)(C); and
          (iv) represent that it will supply the product of a 
        domestic small business manufacturer or processor, 
        unless a waiver of such requirement is granted--
                  (I) by the Administrator, after reviewing a 
                determination by the contracting officer that 
                no small business manufacturer or processor can 
                reasonably be expected to offer a product 
                meeting the specifications (including period 
                for performance) required of an offeror by the 
                solicitation; or
                  (II) by the Administrator for a product (or 
                class of products), after determining that no 
                small business manufacturer or processor is 
                available to participate in the Federal 
                procurement market.
          (C) Limitation.--This paragraph shall not apply to a 
        contract that has as its principal purpose the 
        acquisition of services or construction.
  (18)(A) No person within the employ of the Administration 
shall, during the term of such employment and for a period of 
two years after such employment has been terminated, engage in 
any activity or transaction specified in subparagraph (B) with 
respect to any Program Participant during such person's term of 
employment, if such person participated personally (either 
directly or indirectly) in decision-making responsibilities 
relating to such Program Participant or with respect to the 
administration of any assistance provided to Program 
Participants generally under this subsection, section 7(j)(10), 
or section 7(a)(20).
  (B) The activities and transactions prohibited by 
subparagraph (A) include--
          (i) the buying, selling, or receiving (except by 
        inheritance) of any legal or beneficial ownership of 
        stock or any other ownership interest or the right to 
        acquire any such interest;
          (ii) the entering into or execution of any written or 
        oral agreement (whether or not legally enforceable) to 
        purchase or otherwise obtain any right or interest 
        described in clause (i); or
          (iii) the receipt of any other benefit or right that 
        may be an incident of ownership.
  (C)(i) The employees designated in clause (ii) shall annually 
submit a written certification to the Administration regarding 
compliance with the requirements of this paragraph.
  (ii) The employees referred to in clause (i) are--
          (I) regional administrators;
          (II) district directors;
          (III) the Associate Administrator for Minority Small 
        Business and Capital Ownership Development;
          (IV) employees whose principal duties relate to the 
        award of contracts or the provision of other assistance 
        pursuant to this subsection or section 7(j)(10); and
          (V) such other employees as the Administrator may 
        deem appropriate.
  (iii) Any present or former employee of the Administration 
who violates this paragraph shall be subject to a civil 
penalty, assessed by the Attorney General, that shall not 
exceed 300 per centum of the maximum amount of gain such 
employee realized or could have realized as a result of 
engaging in those activities and transactions prescribed by 
subparagraph (B).
  (iv) In addition to any other remedy or sanction provided for 
under law or regulation, any person who falsely certifies 
pursuant to clause (i) shall be subject to a civil penalty 
under the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 
3801-3812).
  (19)(A) Any employee of the Administration who has authority 
to take, direct others to take, recommend, or approve any 
action with respect to any program or activity conducted 
pursuant to this subsection or section 7(j), shall not, with 
respect to any such action, exercise or threaten to exercise 
such authority on the basis of the political activity or 
affiliation of any party. Employees of the Administration shall 
expeditiously report to the Inspector General of the 
Administration any such action for which such employee's 
participation has been solicitated or directed.
  (B) Any employee who willfully and knowingly violates 
subparagraph (A) shall be subject to disciplinary action, which 
may consist of separation from service, reduction in grade, 
suspension, or reprimand.
  (C) Subparagraph (A) shall not apply to any action taken as a 
penalty or other enforcement of a violation of any law, rule, 
or regulation prohibiting or restricting political activity.
  (D) The prohibitions of subparagraph (A), and remedial 
measures provided for under subparagraphs (B) and (C) with 
regard to such prohibitions, shall be in addition to, and not 
in lieu of, any other prohibitions, measures or liabilities 
that may arise under any other provision of law.
  (20)(A) Small business concerns participating in the Program 
under section 7(j)(10) and eligible to receive contracts 
pursuant to this section shall semiannually report to their 
assigned Business Opportunity Specialist the following:
          (i) A listing of any agents, representatives, 
        attorneys, accountants, consultants, and other parties 
        (other than employees) receiving compensation to assist 
        in obtaining a Federal contract for such Program 
        Participant.
          (ii) The amount of compensation received by any 
        person listed under clause (i) during the relevant 
        reporting period and a description of the activities 
        performed in return for such compensation.
  (B) The Business Opportunity Specialist shall promptly review 
and forward such report to the Associate Administrator for 
Minority Small Business and Capital Ownership Development. Any 
report that raises a suspicion of improper activity shall be 
reported immediately to the Inspector General of the 
Administration.
  (C) The failure to submit a report pursuant to the 
requirements of this subsection and applicable regulations 
shall be considered ``good cause'' for the initiation of a 
termination proceeding pursuant to section 7(j)(10)(F).
  (21)(A) Subject to the provisions of subparagraph (B), a 
contract (including options) awarded pursuant to this 
subsection shall be performed by the concern that initially 
received such contract. Notwithstanding the provisions of the 
preceding sentence, if the owner or owners upon whom 
eligibility was based relinquish ownership or control of such 
concern, or enter into any agreement to relinquish such 
ownership or control, such contract or option shall be 
terminated for the convenience of the Government, except that 
no repurchase costs or other damages may be assessed against 
such concerns due solely to the provisions of this 
subparagraph.
  (B) The Administrator may, on a nondelegable basis, waive the 
requirements of subparagraph (A) only if one of the following 
conditions exist:
          (i) When it is necessary for the owners of the 
        concern to surrender partial control of such concern on 
        a temporary basis in order to obtain equity financing.
          (ii) The head of the contracting agency for which the 
        contract is being performed certifies that termination 
        of the contract would severely impair attainment of the 
        agency's program objectives or missions;
          (iii) Ownership and control of the concern that is 
        performing the contract will pass to another small 
        business concern that is a program participant, but 
        only if the acquiring firm would otherwise be eligible 
        to receive the award directly pursuant to subsection 
        (a);
          (iv) The individuals upon whom eligibility was based 
        are no longer able to exercise control of the concern 
        due to incapacity or death; or
          (v) When, in order to raise equity capital, it is 
        necessary for the disadvantaged owners of the concern 
        to relinquish ownership of a majority of the voting 
        stock of such concern, but only if--
                  (I) such concern has exited the Capital 
                Ownership Development Program;
                  (II) the disadvantaged owners will maintain 
                ownership of the largest single outstanding 
                block of voting stock (including stock held by 
                affiliated parties); and
                  (III) the disadvantaged owners will maintain 
                control of daily business operations.
          (C) The Administrator may waive the requirements of 
        subparagraph (A) if--
                  (i) in the case of subparagraph (B) (i), (ii) 
                and (iv), he is requested to do so prior to the 
                actual relinquishment of ownership or control; 
                and
                  (ii) in the case of subparagraph (B)(iii), he 
                is requested to do so as soon as possible after 
                the incapacity or death occurs.
  (D) Concerns performing contracts awarded pursuant to this 
subsection shall be required to notify the Administration 
immediately upon entering an agreement (either oral or in 
writing) to transfer all or part of its stock or other 
ownership interest to any other party.
  (E) Notwithstanding any other provision of law, for the 
purposes of determining ownership and control of a concern 
under this section, any potential ownership interests held by 
investment companies licensed under the Small Business 
Investment Act of 1958 shall be treated in the same manner as 
interests held by the individuals upon whom eligibility is 
based.
  (b) It shall also be the duty of the Administration and it is 
hereby empowered, whenever it determines such action is 
necessary--
          (1)(A) to provide--
                  (i) technical, managerial, and informational 
                aids to small business concerns--
                          (I) by advising and counseling on 
                        matters in connection with Government 
                        procurement and policies, principles, 
                        and practices of good management;
                          (II) by cooperating and advising 
                        with--
                                  (aa) voluntary business, 
                                professional, educational, and 
                                other nonprofit organizations, 
                                associations, and institutions 
                                (except that the Administration 
                                shall take such actions as it 
                                determines necessary to ensure 
                                that such cooperation does not 
                                constitute or imply an 
                                endorsement by the 
                                Administration of the 
                                organization or its products or 
                                services, and shall ensure that 
                                it receives appropriate 
                                recognition in all printed 
                                materials); and
                                  (bb) other Federal and State 
                                agencies;
                          (III) by maintaining a clearinghouse 
                        for information on managing, financing, 
                        and operating small business 
                        enterprises; and
                          (IV) by disseminating such 
                        information, including through 
                        recognition events, and by other 
                        activities that the Administration 
                        determines to be appropriate; and
                  (ii) through cooperation with a profit-making 
                concern (referred to in this paragraph as a 
                ``cosponsor''), training, information, and 
                education to small business concerns, except 
                that the Administration shall--
                          (I) take such actions as it 
                        determines to be appropriate to ensure 
                        that--
                                  (aa) the Administration 
                                receives appropriate 
                                recognition and publicity;
                                  (bb) the cooperation does not 
                                constitute or imply an 
                                endorsement by the 
                                Administration of any product 
                                or service of the cosponsor;
                                  (cc) unnecessary promotion of 
                                the products or services of the 
                                cosponsor is avoided; and
                                  (dd) utilization of any one 
                                cosponsor in a marketing area 
                                is minimized; and
                          (II) develop an agreement, executed 
                        on behalf of the Administration by an 
                        employee of the Administration in 
                        Washington, the District of Columbia, 
                        that provides, at a minimum, that--
                                  (aa) any printed material to 
                                announce the cosponsorship or 
                                to be distributed at the 
                                cosponsored activity, shall be 
                                approved in advance by the 
                                Administration;
                                  (bb) the terms and conditions 
                                of the cooperation shall be 
                                specified;
                                  (cc) only minimal charges may 
                                be imposed on any small 
                                business concern to cover the 
                                direct costs of providing the 
                                assistance;
                                  (dd) the Administration may 
                                provide to the cosponsorship 
                                mailing labels, but not lists 
                                of names and addresses of small 
                                business concerns compiled by 
                                the Administration;
                                  (ee) all printed materials 
                                containing the names of both 
                                the Administration and the 
                                cosponsor shall include a 
                                prominent disclaimer that the 
                                cooperation does not constitute 
                                or imply an endorsement by the 
                                Administration of any product 
                                or service of the cosponsor; 
                                and
                                  (ff) the Administration shall 
                                ensure that it receives 
                                appropriate recognition in all 
                                cosponsorship printed 
                                materials.
          (B) To establish, conduct, and publicize, and to 
        recruit, select, and train volunteers for (and to enter 
        into contracts, grants, or cooperative agreements 
        therefor), volunteer programs, including [a Service 
        Corps of Retired Executives (SCORE)] the SCORE program 
        described in subsection (c) and an Active Corps of 
        Executive (ACE) for the purposes of section 8(b)(1)(A) 
        of this Act. To facilitate the implementation of such 
        volunteer programs the Administration shall maintain at 
        its headquarters and pay the salaries, benefits, and 
        expenses of a volunteer and professional staff to 
        manage and oversee the program. Any such payments made 
        pursuant to this subparagraph shall be effective only 
        to such extent or in such amounts as are provided in 
        advance in appropriation Acts. Notwithstanding any 
        other provision of law, SCORE may solicit cash and in-
        kind contributions from the private sector to be used 
        to carry out its functions under this Act, and may use 
        payments made by the Administration pursuant to this 
        subparagraph for such solicitation and the management 
        of the contributions received.
          (C) To allow any individual or group of persons 
        participating with it in furtherance of the purposes of 
        subparagraphs (A) and (B) to use the Administration's 
        office facilities and related material and services as 
        the Administration deems appropriate, including 
        clerical and stenographic service:
                  (i) such volunteers, while carrying out 
                activities under section 8(b)(1) of this Act 
                shall be deemed Federal employees for the 
                purposes of the Federal tort claims provisions 
                in title 28, United States Code; and for the 
                purposes of subchapter I of chapter 81 of title 
                5, United States Code (relative to compensation 
                to Federal employees for work injuries) shall 
                be deemed civil employees of the United States 
                within the meaning of the term ``employee'' as 
                defined in section 8101 of title 5, United 
                States Code, and the provisions of that 
                subchapter shall apply except that in computing 
                compensation benefits for disability or death, 
                the monthly pay of a volunteer shall be deemed 
                that received under the entrance salary for a 
                grade GS-11 employee:
                  (ii) the Administrator is authorized to 
                reimburse such volunteers for all necessary 
                out-of-pocket expenses incident to their 
                provision of services under this Act, or in 
                connection with attendance at meetings 
                sponsored by the Administration, or for the 
                cost of malpractice insurance, as the 
                Administrator shall determine, in accordance 
                with regulations which he or she shall 
                prescribe, and, while they are carrying out 
                such activities away from their homes or 
                regular places of business, for travel expenses 
                (including per diem in lieu of subsistence) as 
                authorized by section 5703 of title 5, United 
                States Code, for individuals serving without 
                pay; and
                  (iii) such volunteers shall in no way provide 
                services to a client of such Administration 
                with a delinquent loan outstanding, except upon 
                a specific request signed by such client for 
                assistance in connection with such matter.
          (D) Notwithstanding any other provision of law, no 
        payment for supportive services or reimbursement of 
        out-of-pocket expenses made to persons serving pursuant 
        to section 8(b)(1) of this Act shall be subject to any 
        tax or charge or be treated as wages or compensation 
        for the purposes of unemployment, disability, 
        retirement, public assistance, or similar benefit 
        payments, or minimum wage laws.
          (E) In carrying out its functions under subparagraph 
        (A), to make grants (including contracts and 
        cooperative agreements) to any public or private 
        institution of higher education for the establishment 
        and operation of a small business institute, which 
        shall be used to provide business counseling and 
        assistance to small business concerns through the 
        activities of students enrolled at the institution, 
        which students shall be entitled to receive educational 
        credits for their activities.
          (F) Notwithstanding any other provision of law and 
        pursuant to regulations which the Administrator shall 
        provide, counsel may be employed and counsel fees, 
        court costs, bail, and other expenses incidental to the 
        defense of volunteers may be paid in judicial or 
        Administrative proceedings arising directly out of the 
        performance of activities pursuant to section 8(b)(1) 
        of this Act, as amended (15 U.S.C. 637(b)(1)) to which 
        volunteers have been made parties.
          (G) In carrying out its functions under this Act and 
        to carry out the activities authorized by title IV of 
        the Women's Business Ownership Act of 1988, the 
        Administration is authorized to accept, in the name of 
        the Administration, and employ or dispose of in 
        furtherance of the purposes of this Act, any money or 
        property, real, personal, or mixed, tangible, or 
        intangible, received by gift, devise, bequest, or 
        otherwise; and, further, to accept gratuitous services 
        and facilities.
          (2) to make a complete inventory of all productive 
        facilities of small-business concerns or to arrange for 
        such inventory to be made by any other governmental 
        agency which has the facilities. In making any such 
        inventory, the appropriate agencies in the several 
        States may be requested to furnish an inventory of the 
        productive facilities of small-business concerns in 
        each respective State if such an inventory is available 
        or in prospect;
          (3) to coordinate and to ascertain the means by which 
        the productive capacity of small-business concerns can 
        be most effectively utilized;
          (4) to consult and cooperative with officers of the 
        Government having procurement or property disposal 
        powers, in order to utilize the potential productive 
        capacity of plants operated by small-business concerns;
          (5) to obtain information as to methods and practices 
        which Government prime contractors utilize in letting 
        subcontracts and to take action to encourage the 
        letting of subcontracts by prime contractors to small-
        business concerns at prices and on conditions and terms 
        which are fair and equitable;
          (6) to determine within any industry the concerns, 
        firms, persons, corporations, partnerships, 
        cooperatives, or other business enterprises which are 
        to be designated ``small-business concerns'' for the 
        purpose of effectuating the provisions of this Act. To 
        carry out this purpose the Administrator, when 
        requested to do so, shall issue in response to each 
        such request an appropriate certificate certifying an 
        individual concern as a ``small-business concern'' in 
        accordance with the criteria expressed in this Act. Any 
        such certificate shall be subject to revocation when 
        the concern covered thereby ceases to be a ``small-
        business concern.'' Offices of the Government having 
        procurement or lending powers, or engaging in the 
        disposal of Federal property or allocating materials or 
        supplies, or promulgating regulations affecting the 
        distribution of materials or supplies, shall accept as 
        conclusive the Administration's determination as to 
        which enterprises are to be designated ``small-business 
        concerns'', as authorized and directed under this 
        paragraph;
          (7)(A) to certify to Government procurement officers, 
        and officers engaged in the sale and disposal of 
        Federal property, with respect to all elements of 
        responsibility, including, but not limited to, 
        capability, competency, capacity, credit, integrity, 
        perseverance, and tenacity, of any small business 
        concern or group of such concerns to receive and 
        perform a specific Government contract. A Government 
        procurement officer or an officer engaged in the sale 
        and disposal of Federal property may not, for any 
        reason specified in the preceding sentence, preclude 
        any small business concern or group of such concerns 
        from being awarded such contract without referring the 
        matter for a final disposition to the Administration.
          (B) if a Government procurement officer finds that an 
        otherwise qualified small business concern may be 
        ineligible due to the provisions of section 35(a) of 
        title 41, United States Code (the Walsh-Healey Public 
        Contracts Act), he shall notify the Administration in 
        writing of such finding. The Administration shall 
        review such finding and shall either dismiss it and 
        certify the small business concern to be an eligible 
        Government contractor for a specific Government 
        contract or if it concurs in the finding, forward the 
        matter to the Secretary of Labor for final disposition, 
        in which case the Administration may certify the small 
        business concern only if the Secretary of Labor finds 
        the small business concern not to be in violation.
          (C) in any case in which a small business concern or 
        group of such concerns has been certified by the 
        Administration pursuant to (A) or (B) to be a 
        responsible or eligible Government contractor as to a 
        specific Government contract, the officers of the 
        Government having procurement or property disposal 
        powers are directed to accept such certification as 
        conclusive, and shall let such Government contract to 
        such concern or group of concerns without requiring it 
        to meet any other requirement of responsibility or 
        eligibility. Notwithstanding the first sentence of this 
        subparagraph, the Administration may not establish an 
        exemption from referral or notification or refuse to 
        accept a referral or notification from a Government 
        procurement officer made pursuant to subparagraph (A) 
        or (B) of this paragraph, but nothing in this paragraph 
        shall require the processing of an application for 
        certification if the small business concern to which 
        the referral pertains declines to have the application 
        processed.
          (8) to obtain from any Federal department, 
        establishment, or agency engaged in procurement or in 
        the financing of procurement or production such reports 
        concerning the letting of contracts and subcontracts 
        and the making of loans to business concerns as it may 
        deem pertinent in carrying out its functions under this 
        Act;
          (9) to obtain from any Federal department, 
        establishment, or agency engaged in the disposal of 
        Federal property such reports concerning the 
        solicitation of bids, time of sale, or otherwise as it 
        may deem pertinent in carrying out its functions under 
        this Act;
          (10) to obtain from suppliers of materials 
        information pertaining to the method of filling orders 
        and the bases for allocating their supply, whenever it 
        appears that any small business is unable to obtain 
        materials from its normal sources;
          (11) to make studies and recommendations to the 
        appropriate Federal agencies to insure that a fair 
        proportion of the total purchases and contracts for 
        property and services for the Government be placed with 
        small-business enterprises, to insure that a fair 
        proportion of Government contacts for research and 
        development be placed with small-business concerns, to 
        insure that a fair proportion of the total sales of 
        Government property be made to small-business concerns, 
        and to insure a fair and equitable share of materials, 
        supplies, and equipment to small-business concerns;
          (12) to consult and cooperate with all Government 
        agencies for the purpose of insuring that small-
        business concerns shall receive fair and reasonable 
        treatment from such agencies;
          (13) to establish such advisory boards and committees 
        as may be necessary to achieve the purposes of this Act 
        and of the Small Business Investment Act of 1958; to 
        call meetings of such boards and committees from time 
        to time; to pay the transportation expenses and a per 
        diem allowance in accordance with section 5703 of title 
        5, United States Code, to the members of such boards 
        and committees for travel and subsistence expenses 
        incurred at the request of the Administration in 
        connection with travel to points more than fifty miles 
        distant from the homes of such members in attending the 
        meetings of such boards and committees; and to rent 
        temporarily, within the District of Columbia or 
        elsewhere, such hotel or other accommodations as are 
        needed to facilitate the conduct of such meetings;
          (14) to provide at the earliest practicable time such 
        information and assistance as may be appropriate, 
        including information concerning eligibility for loans 
        under section 7(b)(3), to local public agencies (as 
        defined in section 110(h) of the Housing Act of 1949) 
        and to small-business concerns to be displaced by 
        federally aided urban renewal projects in order to 
        assist such small-business concerns in reestablishing 
        their operations;
          (15) to disseminate, without regard to the provisions 
        of section 3204 of title 39, United States Code, data 
        and information, in such form as it shall deem 
        appropriate, to public agencies, private organizations, 
        and the general public;
          (16) to make studies of matters materially affecting 
        the competitive strength of small business, and of the 
        effect on small business of Federal laws, programs, and 
        regulations, and to make recommendations to the 
        appropriate Federal agency or agencies for the 
        adjustment of such programs and regulations to the 
        needs of small business; and
          (17) to make grants to, and enter into contracts and 
        cooperative agreements with, educational institutions, 
        private businesses, veterans' nonprofit community-based 
        organizations, and Federal, State, and local 
        departments and agencies for the establishment and 
        implementation of outreach programs for disabled 
        veterans (as defined in section 4211(3) of title 38, 
        United States Code), veterans, and members of a reserve 
        component of the Armed Forces.
  [(c) ]
  (c) SCORE Program.--
          (1) Definition.--In this subsection:
                  (A) SCORE association.--The term ``SCORE 
                Association'' means the Service Corps of 
                Retired Executives Association or any successor 
                or other organization who receives a grant from 
                the Administrator to operate the SCORE program 
                under paragraph (2)(A).
                  (B) SCORE program.--The term ``SCORE 
                program'' means the SCORE program authorized by 
                subsection (b)(1)(B).
          (2) Management and volunteers.--
                  (A) In general.--The Administrator shall 
                provide a grant to the SCORE Association to 
                manage the SCORE program.
                  (B) Volunteers.--A volunteer participating in 
                the SCORE program shall--
                          (i) based on the business experience 
                        and knowledge of the volunteer--
                                  (I) provide at no cost to 
                                individuals who own, or aspire 
                                to own, small business concerns 
                                personal counseling, mentoring, 
                                and coaching relating to the 
                                process of starting, expanding, 
                                managing, buying, and selling a 
                                business; and
                                  (II) facilitate low-cost 
                                education workshops for 
                                individuals who own, or aspire 
                                to own, small business 
                                concerns; and
                          (ii) as appropriate, use tools, 
                        resources, and expertise of other 
                        organizations to carry out the SCORE 
                        program.
          (3) Plans and goals.--The Administrator, in 
        consultation with the SCORE Association, shall ensure 
        that the SCORE program and each chapter of the SCORE 
        program develop and implement plans and goals to more 
        effectively and efficiently provide services to 
        individuals in rural areas, economically disadvantaged 
        communities, and other traditionally underserved 
        communities, including plans for electronic 
        initiatives, web-based initiatives, chapter expansion, 
        partnerships, and the development of new skills by 
        volunteers participating in the SCORE program.
          (4) Annual report.--The SCORE Association shall 
        submit to the Administrator an annual report that 
        contains--
                  (A) the number of individuals counseled or 
                trained under the SCORE program;
                  (B) the number of hours of counseling 
                provided under the SCORE program; and
                  (C) to the extent possible--
                          (i) the number of small business 
                        concerns formed with assistance from 
                        the SCORE program;
                          (ii) the number of small business 
                        concerns expanded with assistance from 
                        the SCORE program; and
                          (iii) the number of jobs created with 
                        assistance from the SCORE program.
          (5) Privacy requirements.--
                  (A) In general.--Neither the Administrator 
                nor the SCORE Association may disclose the 
                name, address, or telephone number of any 
                individual or small business concern receiving 
                assistance from the SCORE Association without 
                the consent of such individual or small 
                business concern, unless--
                          (i) the Administrator is ordered to 
                        make such a disclosure by a court in 
                        any civil or criminal enforcement 
                        action initiated by a Federal or State 
                        agency; or
                          (ii) the Administrator determines 
                        such a disclosure to be necessary for 
                        the purpose of conducting a financial 
                        audit of the SCORE program, in which 
                        case disclosure shall be limited to the 
                        information necessary for the audit.
                  (B) Administrator use of information.--This 
                paragraph shall not--
                          (i) restrict the access of the 
                        Administrator to program activity data; 
                        or
                          (ii) prevent the Administrator from 
                        using client information to conduct 
                        client surveys.
                  (C) Regulations.--
                          (i) In general.--The Administrator 
                        shall issue regulations to establish 
                        standards for--
                                  (I) disclosures with respect 
                                to financial audits under 
                                subparagraph (A)(ii); and
                                  (II) conducting client 
                                surveys, including standards 
                                for oversight of the surveys 
                                and for dissemination and use 
                                of client information.
                          (ii) Maximum privacy protection.--The 
                        regulations issued under this 
                        subparagraph shall, to the extent 
                        practicable, provide for the maximum 
                        amount of privacy protection.
          (6) Online component.--In carrying out this 
        subsection, the SCORE Association shall make use of 
        online counseling, including by developing and 
        implementing webinars and an electronic mentoring 
        platform to expand access to services provided under 
        this subsection and to further support entrepreneurs.
  (d)(1) It is the policy of the United States that small 
business concerns, small business concerns owned and controlled 
by veterans, 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 have the 
maximum practicable opportunity to participate in the 
performance of contracts let by any Federal agency, including 
contracts and subcontracts for subsystems, assemblies, 
components, and related services for major systems. It is 
further the policy of the United States that its prime 
contractors establish procedures to ensure the timely payment 
of amounts due pursuant to the terms of their subcontracts with 
small business concerns, small business concerns owned and 
controlled by veterans, 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.
  (2) The clause stated in paragraph (3) shall be included in 
all contracts let by any Federal agency except any contract 
which--
          (A) does not exceed the simplified acquisition 
        threshold;
          (B) including all subcontracts under such contracts 
        will be performed entirely outside of any State, 
        territory, or possession of the United States, the 
        District of Columbia, or the Commonwealth of Puerto 
        Rico; or
          (C) is for services which are personal in nature.
  (3) The clause required by paragraph (2) shall be as follows:
          (A) It is the policy of the United States that small 
        business concerns, small business concerns owned and 
        controlled by veterans, 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 
        have the maximum practicable opportunity to participate 
        in the performance of contracts let by any Federal 
        agency, including contracts and subcontracts for 
        subsystems, assemblies, components, and related 
        services for major systems. It is further the policy of 
        the United States that its prime contractors establish 
        procedures to ensure the timely payment of amounts due 
        pursuant to the terms of their subcontracts with small 
        business concerns, small business concerns owned and 
        controlled by veterans, 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.
          (B) The contractor hereby agrees to carry out this 
        policy in the awarding of subcontracts to the fullest 
        extent consistent with the efficient performance of 
        this contract. The contractor further agrees to 
        cooperate in any studies or surveys as may be conducted 
        by the United States Small Business Administration or 
        the awarding agency of the United States as may be 
        necessary to determine the extent of the contractor's 
        compliance with this clause.
          (C) As used in this contract, the term ``small 
        business concern'' shall mean a small business as 
        defined pursuant to section 3 of the Small Business Act 
        and relevant regulations promulgated pursuant thereto. 
        The term ``small business concern owned and controlled 
        by socially and economically disadvantaged 
        individuals'' shall mean a small business concern--
                  (i) which is at least 51 per centum owned by 
                one or more socially and economically 
                disadvantaged individuals; or, in the case of 
                any publicly owned business, at least 51 per 
                centum of the stock of which is owned by one or 
                more socially and economically disadvantaged 
                individuals; and
                  (ii) whose management and daily business 
                operations are controlled by one or more of 
                such individuals.
        The contractor shall presume that socially and 
        economically disadvantaged individuals include Black 
        Americans, Hispanic Americans, Native Americans, Asian 
        Pacific Americans, and other minorities, or any other 
        individual found to be disadvantaged by the 
        Administration pursuant to section 8(a) of the Small 
        Business Act.
          (D) The term ``small business concern owned and 
        controlled by women'' shall mean a small business 
        concern--
                  (i) which is at least 51 per centum owned by 
                one or more women; or, in the case of any 
                publicly owned business, at least 51 per centum 
                of the stock of which is owned by one or more 
                women; and
                  (ii) whose management and daily business 
                operations are controlled by one or more women.
          (E) The term ``small business concern owned and 
        controlled by veterans'' shall mean a small business 
        concern--
                  (i) which is at least 51 per centum owned by 
                one or more eligible veterans; or, in the case 
                of any publicly owned business, at least 51 per 
                centum of the stock of which is owned by one or 
                more veterans; and
                  (ii) whose management and daily business 
                operations are controlled by such veterans. The 
                contractor shall treat as veterans all 
                individuals who are veterans within the meaning 
                of the term under section 3(q) of the Small 
                Business Act.
          (F) Contractors acting in good faith may rely on 
        written representations by their subcontractors 
        regarding their status as either a small business 
        concern, small business concern owned and controlled by 
        veterans, small business concern owned and controlled 
        by service-disabled veterans, a small business concern 
        owned and controlled by socially and economically 
        disadvantaged individuals, or a small business concern 
        owned and controlled by women.
          (G) In this contract, the term ``qualified HUBZone 
        small business concern'' has the meaning given that 
        term in section 3(p) of the Small Business Act.
  (4)(A) Each solicitation of an offer for a contract to be let 
by a Federal agency which is to be awarded pursuant to the 
negotiated method of procurement and which may exceed 
$1,000,000, in the case of a contract for the construction of 
any public facility, or $500,000, in the case of all other 
contracts, shall contain a clause notifying potential offering 
companies of the provisions of this subsection relating to 
contracts awarded pursuant to the negotiated method of 
procurement.
  (B) Before the award of any contract to be let, or any 
amendment or modification to any contract let, by any Federal 
agency which--
          (i) is to be awarded, or was let, pursuant to the 
        negotiated method of procurement,
          (ii) is required to include the clause stated in 
        paragraph (3),
          (iii) may exceed $1,000,000 in the case of a contract 
        for the construction of any public facility, or 
        $500,000 in the case of all other contracts, and
          (iv) which offers subcontracting possibilities,
the apparent successful offeror shall negotiate with the 
procurement authority a subcontracting plan which incorporates 
the information prescribed in paragraph (6). The subcontracting 
plan shall be included in and made a material part of the 
contract.
  (C) If, within the time limit prescribed in regulations of 
the Federal agency concerned, the apparent successful offeror 
fails to negotiate the subcontracting plan required by this 
paragraph, such offeror shall become ineligible to be awarded 
the contract. Prior compliance of the offeror with other such 
subcontracting plans shall be considered by the Federal agency 
in determining the responsibility of that offeror for the award 
of the contract.
  (D) No contract shall be awarded to any offeror unless the 
procurement authority determines that the plan to be negotiated 
by the offeror pursuant to this paragraph provides the maximum 
practicable opportunity for small business concerns, qualified 
HUBZone small business concerns, small business concerns owned 
and controlled by veterans, small business concerns owned and 
controlled by service-disabled veterans, small business 
concerns owned and controlled by socially and economically 
disadvantaged individuals, and small business concerns owned 
and controlled by women to participate in the performance of 
the contract.
  (E) Notwithstanding any other provisions of law, every 
Federal agency, in order to encourage subcontracting 
opportunities for small business concerns, small business 
concerns owned and controlled by veterans, small business 
concerns owned and controlled by service-disabled veterans, 
qualified HUBZone small business concerns, and small business 
concerns owned and controlled by the socially and economically 
disadvantaged individuals as defined in paragraph (3) of this 
subsection and for small business concerns owned and controlled 
by women, is hereby authorized to provide such incentives as 
such Federal agency may deem appropriate in order to encourage 
such subcontracting opportunities as may be commensurate with 
the efficient and economical performance of the contact: 
Provided, That, this subparagraph shall apply only to contracts 
let pursuant to the negotiated method of procurement.
  (F)(i) Each contract subject to the requirements of this 
paragraph or paragraph (5) shall contain a clause for the 
payment of liquidated damages upon a finding that a prime 
contractor has failed to make a good faith effort to comply 
with the requirements imposed on such contractor by this 
subsection.
  (ii) The contractor shall be afforded an opportunity to 
demonstrate a good faith effort regarding compliance prior to 
the contracting officer's final decision regarding the 
impositon of damages and the amount thereof. The final decision 
of a contracting officer regarding the contractor's obligation 
to pay such damages, or the amounts thereof, shall be subject 
to the Contract Disputes Act of 1978 (41 U.S.C. 601-613).
  (iii) Each agency shall ensure that the goals offered by the 
apparent successful bidder or offeror are attainable in 
relation to--
          (I) the subcontracting opportunities available to the 
        contractor, commensurate with the efficient and 
        economical performance of the contract;
          (II) the pool of eligible subcontractors available to 
        fulfill the subcontracting opportunities; and
          (III) the actual performance of such contractor in 
        fulfilling the subcontracting goals specified in prior 
        plans.
          (G) The following factors shall be designated by the 
        Federal agency as significant factors for purposes of 
        evaluating offers for a bundled contract where the head 
        of the agency determines that the contract offers a 
        significant opportunity for subcontracting:
                  (i) A factor that is based on the rate 
                provided under the subcontracting plan for 
                small business participation in the performance 
                of the contract.
                  (ii) For the evaluation of past performance 
                of an offeror, a factor that is based on the 
                extent to which the offeror attained applicable 
                goals for small business participation in the 
                performance of contracts.
  (5)(A) Each solicitation of a bid for any contract to be let, 
or any amendment or modification to any contract let, by any 
Federal agency which--
          (i) is to be awarded pursuant to the formal 
        advertising method of procurement,
          (ii) is required to contain the clause stated in 
        paragraph (3) of this subsection,
          (iii) may exceed $1,000,000 in the case of a contract 
        for the construction of any public facility, or 
        $500,000, in the case of all other contracts, and
          (iv) offers subcontracting possibilities,
shall contain a clause requiring any bidder who is selected to 
be awarded a contract to submit to the Federal agency concerned 
a subcontracting plan which incorporates the information 
prescribed in paragraph (6).
  (B) If, within the time limit prescribed in regulations of 
the Federal agency concerned, the bidder selected to be awarded 
the contract fails to submit the subcontracting plan required 
by this paragraph, such bidder shall become ineligible to be 
awarded the contract. Prior compliance of the bidder with other 
such subcontracting plans shall be considered by the Federal 
agency in determining the responsibility of such bidder for the 
award of the contract. The subcontracting plan of the bidder 
awarded the contract shall be included in and made a material 
part of the contract.
  (6) Each subcontracting plan required under paragraph (4) or 
(5) shall include--
          (A) percentage goals for the utilization as 
        subcontractors of small business concerns, small 
        business concerns owned and controlled by veterans, 
        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;
          (B) the name of an individual within the employ of 
        the offeror or bidder who will administer the 
        subcontracting program of the offeror or bidder and a 
        description of the duties of such individual;
          (C) a description of the efforts the offeror or 
        bidder will take to assure that small business 
        concerns, small business concerns owned and controlled 
        by veterans, 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 will 
        have an equitable opportunity to compete for 
        subcontracts;
          (D) assurances that the offeror or bidder will 
        include the clause required by paragraph (2) of this 
        subsection in all subcontracts which offer further 
        subcontracting opportunities, and that the offeror or 
        bidder will require all subcontractors (except small 
        business concerns) who receive subcontracts in excess 
        of $1,000,000 in the case of a contract for the 
        construction of any public facility, or in excess of 
        $500,000 in the case of all other contracts, to adopt a 
        plan similar to the plan required under paragraph (4) 
        or (5), and assurances at a minimum that the offeror or 
        bidder, and all subcontractors required to maintain 
        subcontracting plans pursuant to this paragraph, will--
                  (i) review and approve subcontracting plans 
                submitted by their subcontractors;
                  (ii) monitor subcontractor compliance with 
                their approved subcontracting plans;
                  (iii) ensure that subcontracting reports are 
                submitted by their subcontractors when 
                required;
                  (iv) acknowledge receipt of their 
                subcontractors' reports;
                  (v) compare the performance of their 
                subcontractors to subcontracting plans and 
                goals; and
                  (vi) discuss performance with subcontractors 
                when necessary to ensure their subcontractors 
                make a good faith effort to comply with their 
                subcontracting plans;
          (E) assurances that the offeror or bidder will submit 
        such periodic reports and cooperate in any studies or 
        surveys as may be required by the Federal agency or the 
        Administration in order to determine the extent of 
        compliance by the offeror or bidder with the 
        subcontracting plan;
          (F) a recitation of the types of records the 
        successful offeror or bidder will maintain to 
        demonstrate procedures which have been adopted to 
        comply with the requirements and goals set forth in 
        this plan, including the establishment of source lists 
        of small business concerns, small business concerns 
        owned and controlled by veterans, 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; and efforts to identify and award subcontracts 
        to such small business concerns;
          (G) a recitation of the types of records the 
        successful offeror or bidder will maintain to 
        demonstrate procedures which have been adopted to 
        ensure subcontractors at all tiers comply with the 
        requirements and goals set forth in the plan 
        established in accordance with subparagraph (D) of this 
        paragraph, including--
                  (i) the establishment of source lists of 
                small business concerns, small business 
                concerns owned and controlled by veterans, 
                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; and
                  (ii) efforts to identify and award 
                subcontracts to such small business concerns; 
                and
          (H) a representation that the offeror or bidder 
        will--
                  (i) make a good faith effort to acquire 
                articles, equipment, supplies, services, or 
                materials, or obtain the performance of 
                construction work from the small business 
                concerns used in preparing and submitting to 
                the contracting agency the bid or proposal, in 
                the same amount and quality used in preparing 
                and submitting the bid or proposal; and
                  (ii) provide to the contracting officer a 
                written explanation if the offeror or bidder 
                fails to acquire articles, equipment, supplies, 
                services, or materials or obtain the 
                performance of construction work as described 
                in clause (i).
          (7) The head of the contracting agency shall ensure 
        that--
                  (A) the agency collects and reports data on 
                the extent to which contractors of the agency 
                meet the goals and objectives set forth in 
                subcontracting plans submitted pursuant to this 
                subsection; and
                  (B) the agency periodically reviews data 
                collected and reported pursuant to subparagraph 
                (A) for the purpose of ensuring that such 
                contractors comply in good faith with the 
                requirements of this subsection and 
                subcontracting plans submitted by the 
                contractors pursuant to this subsection.
  (8) The provisions of paragraphs (4), (5), and (6) shall not 
apply to offerors or bidders who are small business concerns.
  (9) The failure of any contractor or subcontractor to comply 
in good faith with--
          (A) the clause contained in paragraph (3) of this 
        subsection, or
          (B) any plan required of such contractor pursuant to 
        the authority of this subsection to be included in its 
        contract or subcontract,
shall be a material breach of such contract or subcontract and 
may be considered in any past performance evaluation of the 
contractor.
  (10) Nothing contained in this subsection shall be construed 
to supersede the requirements of Defense Manpower Policy Number 
4A (32A CFR Chap. 1) or any successor policy.
  (11) In the case of contracts within the provisions of 
paragraphs (4), (5), and (6), the Administration is authorized 
to--
          (A) assist Federal agencies and businesses in 
        complying with their responsibilities under the 
        provisions of this subsection, including the 
        formulation of subcontracting plans pursuant to 
        paragraph (4);
          (B) review any solicitation for any contract to be 
        let pursuant to paragraphs (4) and (5) to determine the 
        maximum practicable opportunity for small business 
        concerns, small business concerns owned and controlled 
        by veterans, 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 to 
        participate as subcontractors in the performance of any 
        contract resulting from any solicitation, and to submit 
        its findings, which shall be advisory in nature, to the 
        appropriate Federal agency; and
          (C) evaluate compliance with subcontracting plans as 
        a supplement to evaluations performed by the 
        contracting agency, either on a contract-by-contract 
        basis or, in the case of contractors having multiple 
        contracts, on an aggregate basis.
  (12) For purposes of determining the attainment of a 
subcontract utilization goal under any subcontracting plan 
entered into with any executive agency pursuant to this 
subsection, a mentor firm providing development assistance to a 
protege firm under the pilot Mentor-Protege Program established 
pursuant to section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 
note) shall be granted credit for such assistance in accordance 
with subsection (g) of such section.
  (13) Payment of Subcontractors.--
          (A) Definition.--In this paragraph, the term 
        ``covered contract'' means a contract relating to which 
        a prime contractor is required to develop a 
        subcontracting plan under paragraph (4) or (5).
          (B) Notice.--
                  (i) In general.--A prime contractor for a 
                covered contract shall notify in writing the 
                contracting officer for the covered contract if 
                the prime contractor pays a reduced price to a 
                subcontractor for goods and services upon 
                completion of the responsibilities of the 
                subcontractor or the payment to a subcontractor 
                is more than 90 days past due for goods or 
                services provided for the covered contract for 
                which the Federal agency has paid the prime 
                contractor.
                  (ii) Contents.--A prime contractor shall 
                include the reason for the reduction in a 
                payment to or failure to pay a subcontractor in 
                any notice made under clause (i).
          (C) Performance.--A contracting officer for a covered 
        contract shall consider the unjustified failure by a 
        prime contractor to make a full or timely payment to a 
        subcontractor in evaluating the performance of the 
        prime contractor.
          (D) Control of funds.--If the contracting officer for 
        a covered contract determines that a prime contractor 
        has a history of unjustified, untimely payments to 
        contractors, the contracting officer shall record the 
        identity of the contractor in accordance with the 
        regulations promulgated under subparagraph (E).
          (E) Regulations.--Not later than 1 year after the 
        date of enactment of this paragraph, the Federal 
        Acquisition Regulatory Council established under 
        section 25(a) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 421(a)) shall amend the Federal 
        Acquisition Regulation issued under section 25 of such 
        Act to--
                  (i) describe the circumstances under which a 
                contractor may be determined to have a history 
                of unjustified, untimely payments to 
                subcontractors;
                  (ii) establish a process for contracting 
                officers to record the identity of a contractor 
                described in clause (i); and
                  (iii) require the identity of a contractor 
                described in clause (i) to be incorporated in, 
                and made publicly available through, the 
                Federal Awardee Performance and Integrity 
                Information System, or any successor thereto.
          (14) An offeror for a covered contract that intends 
        to identify a small business concern as a potential 
        subcontractor in a bid or proposal for the contract, or 
        in a plan submitted pursuant to this subsection in 
        connection with the contract, shall notify the small 
        business concern prior to making such identification.
          (15) The Administrator shall establish a reporting 
        mechanism that allows a subcontractor or potential 
        subcontractor to report fraudulent activity or bad 
        faith by a contractor with respect to a subcontracting 
        plan submitted pursuant to this subsection.
  (16) Credit for Certain Subcontractors.--
          (A) For purposes of determining whether or not a 
        prime contractor has attained the percentage goals 
        specified in paragraph (6)--
                  (i) if the subcontracting goals pertain only 
                to a single contract with the executive agency, 
                the prime contractor shall receive credit for 
                small business concerns performing as first 
                tier subcontractors or subcontractors at any 
                tier pursuant to the subcontracting plans 
                required under paragraph (6)(D) in an amount 
                equal to the dollar value of work awarded to 
                such small business concerns; and
                  (ii) if the subcontracting goals pertain to 
                more than one contract with one or more 
                executive agencies, or to one contract with 
                more than one executive agency, the prime 
                contractor may only count first tier 
                subcontractors that are small business 
                concerns.
          (B) Nothing in this paragraph shall abrogate the 
        responsibility of a prime contractor to make a good-
        faith effort to achieve the first tier small business 
        subcontracting goals negotiated under paragraph (6)(A), 
        or the requirement for subcontractors with further 
        opportunities for subcontracting to make a good-faith 
        effort to achieve the goals established under paragraph 
        (6)(D).
  (e)(1) Except as provided in subsection (g)--
          (A) an executive agency intending to--
                  (i) solicit bids or proposals for a contract 
                for property or services for a price expected 
                to exceed $25,000; or
                  (ii) place an order, expected to exceed 
                $25,000, under a basic agreement, basis 
                ordering agreement, or similar arrangement,
        shall publish a notice described in subsection (f);
          (B) an executive agency intending to solicit bids or 
        proposals for a contract for property or services shall 
        post, for a period of not less than ten days, in a 
        public place at the contracting office issuing the 
        solicitation a notice of solicitation described in 
        subsection (f)--
                  (i) in the case of an executive agency other 
                than the Department of Defense, if the contract 
                is for a price expected to exceed $10,000, but 
                not to exceed $25,000; and
                  (ii) in the case of the Department of 
                Defense, if the contract is for a price 
                expected to exceed $5,000, but not to exceed 
                $25,000; and
          (C) an executive agency awarding a contract for 
        property or services for a price exceeding $100,000, or 
        placing an order referred to in clause (A)(ii) 
        exceeding $100,000, shall furnish for publication by 
        the Secretary of Commerce a notice announcing the award 
        or order if there is likely to be any subcontract under 
        such contract or order.
  (2)(A) A notice of solicitation required to be published 
under paragraph (1) may be published--
          (i) by electronic means that meet the accessibility 
        requirements under section 18(a)(7) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 416(a)(7)); 
        or
          (ii) by the Secretary of Commerce in the Commerce 
        Business Daily.
  (B) The Secretary of Commerce shall promptly publish in the 
Commerce Business Daily each notice or announcement received 
under this subsection for publication by that means.
  (3) Whenever an executive agency is required by paragraph 
(1)(A) to publish a notice of solicitation, such executive 
agency may not--
          (A) issue the solicitation earlier than 15 days after 
        the date on which the notice is published; or
          (B) in the case of a contract or order estimated to 
        be greater than the simplified acquisition threshold, 
        establish a deadline for the submission of all bids or 
        proposals in response to the notice required by 
        paragraph (1)(A) that--
                  (i) in the case of an order under a basic 
                agreement, basic ordering agreement, or similar 
                arrangement, is earlier than the date 30 days 
                after the date the notice required by paragraph 
                (1)(A)(ii) is published;
                  (ii) in the case of a solicitation for 
                research and development, is earlier than the 
                date 45 days after the date the notice required 
                by paragraph (1)(A)(i) is published; or
                  (iii) in any other case, is earlier than the 
                date 30 days after the date the solicitation is 
                issued.
  (f) Each notice of solicitation required by subparagraph (A) 
or (B) of subsection (e)(1) shall include--
          (1) an accurate description of the property or 
        services to be contracted for, which description (A) 
        shall not be unnecessarily restrictive of competition, 
        and (B) shall include, as appropriate, the agency 
        nomenclature, National Stock Number or other part 
        number, and a brief description of the item's form, 
        fit, or function, physical dimensions, predominant 
        material of manufacture, or similar information that 
        will assist a prospective contractor to make an 
        informed business judgment as to whether a copy of the 
        solicitation should be requested;
          (2) provisions that--
                  (A) state whether the technical data required 
                to respond to the solicitation will not be 
                furnished as part of such solicitation, and 
                identify the source in the Government, if any, 
                from which the technical data may be obtained; 
                and
                  (B) state whether an offeror, its product, or 
                service must meet a qualification requirement 
                in order to be eligible for award, and, if so, 
                identify the office from which a qualification 
                requirement may be obtained;
          (3) the name, business address, and telephone number 
        of the contracting officer;
          (4) a statement that all responsible sources may 
        submit a bid, proposal, or quotation (as appropriate) 
        which shall be considered by the agency;
          (5) in the case of a procurement using procedures 
        other than competitive procedures, a statement of the 
        reason justifying the use of such procedures and the 
        identity of the intended source; and
          (6) in the case of a contract in an amount estimated 
        to be greater than $25,000 but not greater than the 
        simplified acquisition threshold--
                  (A) a description of the procedures to be 
                used in awarding the contract; and
                  (B) a statement specifying the periods for 
                prospective offerors and the contracting 
                officer to take the necessary preaward and 
                award actions.
  (g)(1) A notice is not required under subsection (e)(1) if--
          (A) the proposed procurement is for an amount not 
        greater than the simplified acquisition threshold and 
        is to be conducted by--
                  (i) using widespread electronic public notice 
                of the solicitation in a form that allows 
                convenient and universal user access through a 
                single, Government-wide point of entry; and
                  (ii) permitting the public to respond to the 
                solicitation electronically.
          (B) the notice would disclose the executive agency's 
        needs and the disclosure of such needs would compromise 
        the national security;
          (C) the proposed procurement would result from 
        acceptance of--
                  (i) any unsolicited proposal that 
                demonstrates a unique and innovative research 
                concept and the publication of any notice of 
                such unsolicited research proposal would 
                disclose the originality of thought or 
                innovativeness of the proposal or would 
                disclose proprietary information associated 
                with the proposal; or
                  (ii) a proposal submitted under section 9 of 
                this Act;
          (D) the procurement is made against an order placed 
        under a requirements contract;
          (E) the procurement is made for perishable 
        subsistence supplies;
          (F) the procurement is for utility services, other 
        than telecommunication services, and only one source is 
        available; or
          (G) the procurement is for the services of an expert 
        for use in any litigation or dispute (including 
        preparation for any foreseeable litigation or dispute) 
        that involves or could involve the Federal Government 
        in any trial, hearing, or proceeding before any court, 
        administrative tribunal, or agency, or in any part of 
        an alternative dispute resolution process, whether or 
        not the expert is expected to testify.
  (2) The requirements of subsection (a)(1)(A) do not apply to 
any procurement under conditions described in paragraph (2), 
(3), (4), (5), or (7) of section 303(c) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 253(c)) or 
paragraph (2), (3), (4), (5), and (7) of section 2304(c) of 
title 10, United States Code.
  (3) The requirements of subsection (a)(1)(A) shall not apply 
in the case of any procurement for which the head of the 
executive agency makes a determination in writing, after 
consultation with the Administrator for Federal Procurement 
Policy and the Administrator of the Small Business 
Administration, that it is not appropriate or reasonable to 
publish a notice before issuing a solicitation.
  (h)(1) An executive agency may not award a contract using 
procedures other than competitive procedures unless--
          (A) except as provided in paragraph (2), a written 
        justification for the use of such procedures has been 
        approved--
                  (i) in the case of a contract for an amount 
                exceeding $100,000 (but equal to or less than 
                $1,000,000), by the advocate for competition 
                for the procuring activity (without further 
                delegation);
                  (ii) in the case of a contract for an amount 
                exceeding $1,000,000 (but equal to or less than 
                $10,000,000), by the head of the procuring 
                activity or a delegate who, if a member of the 
                Armed Forces, is a general or flag officer, or, 
                if a civilian, is serving in a position in 
                grade GS-16 or above under the General Schedule 
                (or in a comparable or higher position under 
                another schedule); or
                  (iii) in the case of a contract for an amount 
                exceeding $10,000,000, by the senior 
                procurement executive of the agency designated 
                pursuant to section 16(3) of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 
                414(3)) (without further delegation); and
          (B) all other requirements applicable to the use of 
        such procedures under title III of the Federal Property 
        and Administrative Services Act of 1949 (41 U.S.C. 251 
        et sq.) or chapter 137 of title 10, United States Code, 
        as appropriate, have been satisfied.
  (2) The same exceptions as are provided in section 303(f)(2) 
of the Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 253(f)(2)) or section 2304(f)(2) of title 10, United 
States Code, shall apply with respect to the requirements of 
paragraph (1)(A) of this subsection in the same manner as such 
exceptions apply to the requirements of section 303(f)(1) of 
such Act or section 2304(f)(1) of such title, as appropriate.
  (i) An executive agency shall make available to any business 
concern, or the authorized representative of such concern, the 
complete solicitation package for any on-going procurement 
announced pursuant to a notice under subsection (e). An 
executive agency may require the payment of a fee, not 
exceeding the actual cost of duplication, for a copy of such 
package.
  (j) For purposes of this section, the term ``executive 
agency'' has the meaning provided such term in section 4(1) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 
403(1)).
  (k) Notices of Subcontracting Opportunities.--
          (1) In general.--Notices of subcontracting 
        opportunities may be submitted for publication on the 
        appropriate Federal Web site (as determined by the 
        Administrator) by--
                  (A) a business concern awarded a contract by 
                an executive agency subject to subsection 
                (e)(1)(C); and
                  (B) a business concern that is a 
                subcontractor or supplier (at any tier) to such 
                contractor having a subcontracting opportunity 
                in excess of $10,000.
          (2) Content of notice.--The notice of a 
        subcontracting opportunity shall include--
                  (A) a description of the business opportunity 
                that is comparable to the description specified 
                in paragraphs (1), (2), (3), and (4) of 
                subsection (f); and
                  (B) the due date for receipt of offers.
  (l) Management Assistance for Small Businesses Affected by 
Military Operations.--The Administration shall utilize, as 
appropriate, its entrepreneurial development and management 
assistance programs, including programs involving State or 
private sector partners, to provide business counseling and 
training to any small business concern adversely affected by 
the deployment of units of the Armed Forces of the United 
States in support of a period of military conflict (as defined 
in section 7(n)(1)).
  (m) Procurement Program for Women-owned Small Business 
Concerns.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Contracting officer.--The term 
                ``contracting officer'' has the meaning given 
                such term in section 27(f)(5) of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 
                423(f)(5)).
                  (B) Small business concern owned and 
                controlled by women.--The term ``small business 
                concern owned and controlled by women'' has the 
                meaning given such term in section 3(n), except 
                that ownership shall be determined without 
                regard to any community property law.
          (2) Authority to restrict competition.--In accordance 
        with this subsection, a contracting officer may 
        restrict competition for any contract for the 
        procurement of goods or services by the Federal 
        Government to small business concerns owned and 
        controlled by women, if--
                  (A) each of the concerns is not less than 51 
                percent owned by one or more women who are 
                economically disadvantaged (and such ownership 
                is determined without regard to any community 
                property law);
                  (B) the contracting officer has a reasonable 
                expectation that two or more small business 
                concerns owned and controlled by women will 
                submit offers for the contract;
                  (C) the contract is for the procurement of 
                goods or services with respect to an industry 
                identified by the Administrator pursuant to 
                paragraph (3);
                  (D) in the estimation of the contracting 
                officer, the contract award can be made at a 
                fair and reasonable price; and
                  (E) each of the concerns is certified by a 
                Federal agency, a State government, the 
                Administrator, or a national certifying entity 
                approved by the Administrator as a small 
                business concern owned and controlled by women.
          (3) Waiver.--With respect to a small business concern 
        owned and controlled by women, the Administrator may 
        waive subparagraph (2)(A) if the Administrator 
        determines that the concern is in an industry in which 
        small business concerns owned and controlled by women 
        are substantially underrepresented.
          (4) Identification of industries.--The Administrator 
        shall conduct a study to identify industries in which 
        small business concerns owned and controlled by women 
        are underrepresented with respect to Federal 
        procurement contracting.
          (5) Enforcement; penalties.--
                  (A) Verification of eligibility.--In carrying 
                out this subsection, the Administrator shall 
                establish procedures relating to--
                          (i) the filing, investigation, and 
                        disposition by the Administration of 
                        any challenge to the eligibility of a 
                        small business concern to receive 
                        assistance under this subsection 
                        (including a challenge, filed by an 
                        interested party, relating to the 
                        veracity of a certification made or 
                        information provided to the 
                        Administration by a small business 
                        concern under paragraph (2)(E)); and
                          (ii) verification by the 
                        Administrator of the accuracy of any 
                        certification made or information 
                        provided to the Administration by a 
                        small business concern under paragraph 
                        (2)(E).
                  (B) Examinations.--The procedures established 
                under subparagraph (A) may provide for program 
                examinations (including random program 
                examinations) by the Administrator of any small 
                business concern making a certification or 
                providing information to the Administrator 
                under paragraph (2)(E).
                  (C) Penalties.--In addition to the penalties 
                described in section 16(d), any small business 
                concern that is determined by the Administrator 
                to have misrepresented the status of that 
                concern as a small business concern owned and 
                controlled by women for purposes of this 
                subsection, shall be subject to--
                          (i) section 1001 of title 18, United 
                        States Code; and
                          (ii) sections 3729 through 3733 of 
                        title 31, United States Code.
          (6) Provision of data.--Upon the request of the 
        Administrator, the head of any Federal department or 
        agency shall promptly provide to the Administrator such 
        information as the Administrator determines to be 
        necessary to carry out this subsection.
          (7) Authority for sole source contracts for 
        economically disadvantaged small business concerns 
        owned and controlled by women.--A contracting officer 
        may award a sole source contract under this subsection 
        to any small business concern owned and controlled by 
        women described in paragraph (2)(A) and certified under 
        paragraph (2)(E) if--
                  (A) such concern is determined to be a 
                responsible contractor with respect to 
                performance of the contract opportunity and the 
                contracting officer does not have a reasonable 
                expectation that 2 or more businesses described 
                in paragraph (2)(A) will submit offers;
                  (B) the anticipated award price of the 
                contract (including options) will not exceed--
                          (i) $6,500,000, in the case of a 
                        contract opportunity assigned a 
                        standard industrial classification code 
                        for manufacturing; or
                          (ii) $4,000,000, in the case of any 
                        other contract opportunity; and
                  (C) in the estimation of the contracting 
                officer, the contract award can be made at a 
                fair and reasonable price.
          (8) Authority for sole source contracts for small 
        business concerns owned and controlled by women in 
        substantially underrepresented industries.--A 
        contracting officer may award a sole source contract 
        under this subsection to any small business concern 
        owned and controlled by women certified under paragraph 
        (2)(E) that is in an industry in which small business 
        concerns owned and controlled by women are 
        substantially underrepresented (as determined by the 
        Administrator under paragraph (3)) if--
                  (A) such concern is determined to be a 
                responsible contractor with respect to 
                performance of the contract opportunity and the 
                contracting officer does not have a reasonable 
                expectation that 2 or more businesses in an 
                industry that has received a waiver under 
                paragraph (3) will submit offers;
                  (B) the anticipated award price of the 
                contract (including options) will not exceed--
                          (i) $6,500,000, in the case of a 
                        contract opportunity assigned a 
                        standard industrial classification code 
                        for manufacturing; or
                          (ii) $4,000,000, in the case of any 
                        other contract opportunity; and
                  (C) in the estimation of the contracting 
                officer, the contract award can be made at a 
                fair and reasonable price.
  (n) Business Grants and Cooperative Agreements.--
          (1) In general.--In accordance with this subsection, 
        the Administrator may make grants to and enter into 
        cooperative agreements with any coalition of private 
        entities, public entities, or any combination of 
        private and public entities--
                  (A) to expand business-to-business 
                relationships between large and small 
                businesses; and
                  (B) to provide businesses, directly or 
                indirectly, with online information and a 
                database of companies that are interested in 
                mentor-protege programs or community-based, 
                statewide, or local business development 
                programs.
          (2) Matching requirement.--Subject to subparagraph 
        (B), the Administrator may make a grant to a coalition 
        under paragraph (1) only if the coalition provides for 
        activities described in paragraph (1)(A) or (1)(B) an 
        amount, either in kind or in cash, equal to the grant 
        amount.
          (3) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $6,600,000, to remain available until 
        expended, for each of fiscal years 2001 through 2006.

           *       *       *       *       *       *       *

  Sec. 20. (a)(1) For fiscal year 2000 and each fiscal year 
thereafter, there are authorized to be appropriated such sums 
as may be necessary and appropriate, to remain available until 
expended, and to be available solely--
          (A) to carry out the Small Business Development 
        Center Program under section 21, but not to exceed the 
        annual funding level, as specified in section 21(a);
          (B) to pay the expenses of the National Small 
        Business Development Center Advisory Board, as provided 
        in section 21(i);
          (C) to pay the expenses of the information sharing 
        system, as provided in section 21(c)(8);
          (D) to pay the expenses of the association referred 
        to in section 21(a)(3)(A) for conducting the 
        accreditation program, as provided in section 21(k)(2);
          (E) to pay the expenses of the Administration, 
        including salaries of examiners, for conducting 
        examinations as part of the accreditation program 
        conducted by the association referred to in section 
        21(a)(3)(A); and
                  (F) to pay for small business development 
                center grants as mandated or directed by 
                Congress.
  (2) Notwithstanding any other provision of law, the 
Administration shall enter into commitments for direct loans 
and to guarantee loans, debentures, payment of rentals, or 
other amounts due under qualified contracts and other types of 
financial assistance and enter into commitments to purchase 
debentures and preferred securities and to guarantee sureties 
against loss pursuant to programs under this Act and the Small 
Business Investment Act of 1958, in the full amounts provided 
by law subject only to (A) the availability of qualified 
applications, and (B) limitations contained in appropriations 
Acts. Nothing in this paragraph authorizes the Administration 
to reduce or limit its authority to enter into such 
commitments. Subject to approval in appropriations Acts, 
amounts authorized for preferred securities, debentures or 
participating securities under title III of the Small Business 
Investment Act of 1958 may be obligated in one fiscal year and 
disbursed or guaranteed in any 1 or more of the 4 subsequent 
fiscal years.
  (3) There are authorized to be transferred from the disaster 
loan revolving fund such sums as may be necessary and 
appropriate for administrative expenses of the Administration.
  (4) Except as may be otherwise specifically provided by law, 
the amount of deferred participation loans authorized in this 
section--
          (A) shall mean the net amount of the loan principal 
        guaranteed by the Small Business Administration (and 
        does not include any amount which is not guaranteed); 
        and
          (B) shall be available for a national program, except 
        that the Administration may use not more than an amount 
        equal to 10 percent of the amount authorized each year 
        for any special or pilot program directed to identified 
        sectors of the small business community or to specific 
        geographic regions of the United States.
  (b) There are authorized to be appropriated to the 
Administration for fiscal year 1991 such sums as may be 
necessary to carry out the provisions of this Act and the Small 
Business Investment Act of 1958. There also are hereby 
authorized to be appropriated such sums as may be necessary and 
appropriate for the carrying out of the provisions and 
purposes, including administrative expenses, of sections 
7(b)(1) and 7(b)(2) of this Act; and there are authorized to be 
transferred from the disaster loan revolving fund such sums as 
may be necessary and appropriate for such administrative 
expenses.
  (c) Disaster Mitigation Pilot Program.--The following program 
levels are authorized for loans under section 7(b)(1)(C):
          (1) $15,000,000 for fiscal year 2005.
          (2) $15,000,000 for fiscal year 2006.
  (d) Fiscal Year 2005.--
          (1) Program levels.--The following program levels are 
        authorized for fiscal year 2005:
                  (A) For the programs authorized by this Act, 
                the Administration is authorized to make--
                          (i) $75,000,000 in technical 
                        assistance grants, as provided in 
                        section 7(m); and
                          (ii) $105,000,000 in direct loans, as 
                        provided in 7(m).
                  (B) For the programs authorized by this Act, 
                the Administration is authorized to make 
                $23,050,000,000 in deferred participation loans 
                and other financings. Of such sum, the 
                Administration is authorized to make--
                          (i) $16,500,000,000 in general 
                        business loans, as provided in section 
                        7(a);
                          (ii) $6,000,000,000 in certified 
                        development company financings, as 
                        provided in section 7(a)(13) and as 
                        provided in section 504 of the Small 
                        Business Investment Act of 1958;
                          (iii) $500,000,000 in loans, as 
                        provided in section 7(a)(21); and
                          (iv) $50,000,000 in loans, as 
                        provided in section 7(m).
                  (C) For the programs authorized by title III 
                of the Small Business Investment Act of 1958, 
                the Administration is authorized to make--
                          (i) $4,250,000,000 in purchases of 
                        participating securities; and
                          (ii) $3,250,000,000 in guarantees of 
                        debentures.
                  (D) For the programs authorized by part B of 
                title IV of the Small Business Investment Act 
                of 1958, the Administration is authorized to 
                enter into guarantees not to exceed 
                $6,000,000,000, of which not more than 50 
                percent may be in bonds approved pursuant to 
                section 411(a)(3) of that Act.
                  (E) The Administration is authorized to make 
                grants or enter into cooperative agreements for 
                a total amount of $7,000,000 for the Service 
                Corps of Retired Executives program authorized 
                by section 8(b)(1).
          (2) Additional authorizations.--
                  (A) There are authorized to be appropriated 
                to the Administration for fiscal year 2005 such 
                sums as may be necessary to carry out the 
                provisions of this Act not elsewhere provided 
                for, including administrative expenses and 
                necessary loan capital for disaster loans 
                pursuant to section 7(b), and to carry out the 
                Small Business Investment Act of 1958, 
                including salaries and expenses of the 
                Administration.
                  (B) Notwithstanding any other provision of 
                this paragraph, for fiscal year 2005--
                          (i) no funds are authorized to be 
                        used as loan capital for the loan 
                        program authorized by section 7(a)(21) 
                        except by transfer from another Federal 
                        department or agency to the 
                        Administration, unless the program 
                        level authorized for general business 
                        loans under paragraph (1)(B)(i) is 
                        fully funded; and
                          (ii) the Administration may not 
                        approve loans on its own behalf or on 
                        behalf of any other Federal department 
                        or agency, by contract or otherwise, 
                        under terms and conditions other than 
                        those specifically authorized under 
                        this Act or the Small Business 
                        Investment Act of 1958, except that it 
                        may approve loans under section 
                        7(a)(21) of this Act in gross amounts 
                        of not more than $2,000,000.
  (e) Fiscal Year 2006.--
          (1) Program levels.--The following program levels are 
        authorized for fiscal year 2006:
                  (A) For the programs authorized by this Act, 
                the Administration is authorized to make--
                          (i) $80,000,000 in technical 
                        assistance grants, as provided in 
                        section 7(m); and
                          (ii) $110,000,000 in direct loans, as 
                        provided in 7(m).
                  (B) For the programs authorized by this Act, 
                the Administration is authorized to make 
                $25,050,000,000 in deferred participation loans 
                and other financings. Of such sum, the 
                Administration is authorized to make--
                          (i) $17,000,000,000 in general 
                        business loans, as provided in section 
                        7(a);
                          (ii) $7,500,000,000 in certified 
                        development company financings, as 
                        provided in section 7(a)(13) and as 
                        provided in section 504 of the Small 
                        Business Investment Act of 1958;
                          (iii) $500,000,000 in loans, as 
                        provided in section 7(a)(21); and
                          (iv) $50,000,000 in loans, as 
                        provided in section 7(m).
                  (C) For the programs authorized by title III 
                of the Small Business Investment Act of 1958, 
                the Administration is authorized to make--
                          (i) $4,500,000,000 in purchases of 
                        participating securities; and
                          (ii) $3,500,000,000 in guarantees of 
                        debentures.
                  (D) For the programs authorized by part B of 
                title IV of the Small Business Investment Act 
                of 1958, the Administration is authorized to 
                enter into guarantees not to exceed 
                $6,000,000,000, of which not more than 50 
                percent may be in bonds approved pursuant to 
                section 411(a)(3) of that Act.
                  (E) The Administration is authorized to make 
                grants or enter into cooperative agreements for 
                a total amount of $7,000,000 for the Service 
                Corps of Retired Executives program authorized 
                by section 8(b)(1).
          (2) Additional authorizations.--
                  (A) There are authorized to be appropriated 
                to the Administration for fiscal year 2006 such 
                sums as may be necessary to carry out the 
                provisions of this Act not elsewhere provided 
                for, including administrative expenses and 
                necessary loan capital for disaster loans 
                pursuant to section 7(b), and to carry out the 
                Small Business Investment Act of 1958, 
                including salaries and expenses of the 
                Administration.
                  (B) Notwithstanding any other provision of 
                this paragraph, for fiscal year 2006--
                          (i) no funds are authorized to be 
                        used as loan capital for the loan 
                        program authorized by section 7(a)(21) 
                        except by transfer from another Federal 
                        department or agency to the 
                        Administration, unless the program 
                        level authorized for general business 
                        loans under paragraph (1)(B)(i) is 
                        fully funded; and
                          (ii) the Administration may not 
                        approve loans on its own behalf or on 
                        behalf of any other Federal department 
                        or agency, by contract or otherwise, 
                        under terms and conditions other than 
                        those specifically authorized under 
                        this Act or the Small Business 
                        Investment Act of 1958, except that it 
                        may approve loans under section 
                        7(a)(21) of this Act in gross amounts 
                        of not more than $2,000,000.
  [(j)] (f) Fiscal Year 2004 Purchase and Guarantee Authority 
Under Title III of Small Business Investment Act of 1958.--For 
fiscal year 2004, for the programs authorized by title III of 
the Small Business Investment Act of 1958 (15 U.S.C. 681 et 
seq.), the Administration is authorized to make--
          (1) $4,000,000,000 in purchases of participating 
        securities; and
          (2) $3,000,000,000 in guarantees of debentures.
  (g) SCORE Program.--There are authorized to be appropriated 
to the Administrator to carry out the SCORE program authorized 
by section 8(b)(1) such sums as are necessary for the 
Administrator to make grants or enter into cooperative 
agreements in a total amount that does not exceed $10,500,000 
in each of fiscal years 2017 and 2018.
  Sec. 21. (a)(1) The Administration is authorized to make 
grants (including contracts and cooperative agreements) to any 
State government or any agency thereof, any regional entity, 
any State-chartered development, credit or finance corporation, 
[any women's business center operating pursuant to section 29,] 
any public or private institution of higher education, 
including but not limited to any land-grant college or 
university, any college or school of business, engineering, 
commerce, or agriculture, community college or junior college, 
or to any entity formed by two or more of the above entities 
(herein referred to as ``applicants'') to assist in 
establishing small business development centers and to any such 
labor for: small business oriented employment or natural 
resources development programs; studies, research, and 
counseling concerning the managing, financing, and operation of 
small business enterprises, management and technical assistance 
regarding small business participation in international 
markets, export promotion and technology transfer; delivery or 
distribution of such services and information; and providing 
access to business analysts who can refer small business 
concerns to available experts: Provided, That after December 
31, 1990, the Administration shall not make a grant to any 
applicant other than an institution of higher education or a 
women's business center operating pursuant to section 29 as a 
Small Business Development Center unless the applicant was 
receiving a grant (including a contract or cooperative 
agreement) on such date. The Administration shall require any 
applicant for a small business development center grant with 
performance commencing on or after January 1, 1992 to have its 
own budget and to primarily utilize institutions of higher 
education and women's business centers operating pursuant to 
section 29 to provide services to the small business community. 
The term of such grants shall be made on a calendar year basis 
or to coincide with the Federal fiscal year.
          (2) Cooperation to provide international trade 
        services.--
                  (A) Information and services.--The small 
                business development centers shall work in 
                close cooperation with the Administration's 
                regional and local offices, the Department of 
                Commerce, appropriate Federal, State and local 
                agencies (including State trade agencies), and 
                the small business community to serve as an 
                active information dissemination and service 
                delivery mechanism for existing trade 
                promotion, trade finance, trade adjustment, 
                trade remedy and trade data collection programs 
                of particular utility for small businesses.
                  (B) Cooperation with state trade agencies and 
                export assistance centers.--A small business 
                development center that counsels a small 
                business concern on issues relating to 
                international trade shall--
                          (i) consult with State trade agencies 
                        and Export Assistance Centers to 
                        provide appropriate services to the 
                        small business concern; and
                          (ii) as necessary, refer the small 
                        business concern to a State trade 
                        agency or an Export Assistance Center 
                        for further counseling or assistance.
                  (C) Definition.--In this paragraph, the term 
                ``Export Assistance Center'' has the same 
                meaning as in section 22.
  (3) The Small Business Development Center Program shall be 
under the general management and oversight of the 
Administration for the delivery of programs and services to the 
small business community. Such programs and services shall be 
jointly developed, negotiated, and agreed upon, with full 
participation of both parties, pursuant to an executed 
cooperative agreement between the Small Business Development 
Center applicant and the Administration.
  (A) Small business development centers are authorized to form 
an association to pursue matters of common concern. If more 
than a majority of the small business development centers which 
are operating pursuant to agreements with the Administration 
are members of such an association, the Administration is 
authorized and directed to recognize the existence and 
activities of such an association and to consult with it and 
develop documents (i) announcing the annual scope of activities 
pursuant to this section, (ii) requesting proposals to deliver 
assistance [as provided in this section and] as provided in 
this section, (iii) governing the general operations and 
administration of the Small Business Development Center 
Program, specifically including the development of regulations 
and a uniform negotiated cooperative agreement for use on an 
annual basis when entering into individual negotiated 
agreements with small business development centers, and (iv) 
governing data collection activities related to applicants 
receiving grants under this section.
  (B) Provisions governing audits, cost principles and 
administrative requirements for Federal grants, contracts and 
cooperative agreements which are included in uniform 
requirements of Office of Management and Budget (OMB) Circulars 
shall be incorporated by reference and shall not be set forth 
in summary or other form in regulations.
          (C) Whereas On an annual basis, the Small Business 
        Development Center shall review and coordinate public 
        and private partnerships and cosponsorships with the 
        Administration for the purpose of more efficiently 
        leveraging available resources on a National and a 
        State basis.
  (D) Fees from private partnerships and cosponsorships.--
Participation in private partnerships and cosponsorships with 
the Administration shall not limit small business development 
centers from collecting fees or other income related to the 
operation of such private partnerships and cosponsorships.
  (4) Small business development center program level.--
          (A) In general.--The Administration shall require as 
        a condition of any grant (or amendment or modification 
        thereof) made to an applicant under this section, that 
        a matching amount (excluding any fees collected from 
        recipients of such assistance) equal to the amount of 
        such grant be provided from sources other than the 
        Federal Government, to be comprised of not less than 50 
        percent cash and not more than 50 percent of indirect 
        costs and in-kind contributions.
          (B) Restriction.--The matching amount described in 
        subparagraph (A) shall not include any indirect costs 
        or in-kind contributions derived from any Federal 
        program.
          (C) Funding formula.--
                  (i) In general.--Subject to clause (iii), the 
                amount of a formula grant received by a State 
                under this subparagraph shall be equal to an 
                amount determined in accordance with the 
                following formula:
                          (I) The annual amount made available 
                        under section 20(a) for the Small 
                        Business Development Center Program, 
                        less any reductions made for expenses 
                        authorized by clause (v) of this 
                        subparagraph, shall be divided on a pro 
                        rata basis, based on the percentage of 
                        the population of each State, as 
                        compared to the population of the 
                        United States.
                          (II) If the pro rata amount 
                        calculated under subclause (I) for any 
                        State is less than the minimum funding 
                        level under clause (iii), the 
                        Administration shall determine the 
                        aggregate amount necessary to achieve 
                        that minimum funding level for each 
                        such State.
                          (III) The aggregate amount calculated 
                        under subclause (II) shall be deducted 
                        from the amount calculated under 
                        subclause (I) for States eligible to 
                        receive more than the minimum funding 
                        level. The deductions shall be made on 
                        a pro rata basis, based on the 
                        population of each such State, as 
                        compared to the total population of all 
                        such States.
                          (IV) The aggregate amount deducted 
                        under subclause (III) shall be added to 
                        the grants of those States that are not 
                        eligible to receive more than the 
                        minimum funding level in order to 
                        achieve the minimum funding level for 
                        each such State, except that the 
                        eligible amount of a grant to any State 
                        shall not be reduced to an amount below 
                        the minimum funding level.
                  (ii) Grant determination.--The amount of a 
                grant that a State is eligible to apply for 
                under this subparagraph shall be the amount 
                determined under clause (i), subject to any 
                modifications required under clause (iii), and 
                shall be based on the amount available for the 
                fiscal year in which performance of the grant 
                commences, but not including amounts 
                distributed in accordance with clause (iv). The 
                amount of a grant received by a State under any 
                provision of this subparagraph shall not exceed 
                the amount of matching funds from sources other 
                than the Federal Government, as required under 
                subparagraph (A).
                  (iii) Minimum funding level.--The amount of 
                the minimum funding level for each State shall 
                be determined for each fiscal year based on the 
                amount made available for that fiscal year to 
                carry out this section, as follows:
                          (I) If the amount made available is 
                        not less than $81,500,000 and not more 
                        than $90,000,000, the minimum funding 
                        level shall be $500,000.
                          (II) If the amount made available is 
                        less than $81,500,000, the minimum 
                        funding level shall be the remainder of 
                        $500,000 minus a percentage of $500,000 
                        equal to the percentage amount by which 
                        the amount made available is less than 
                        $81,500,000.
                          (III) If the amount made available is 
                        more than $90,000,000, the minimum 
                        funding level shall be the sum of 
                        $500,000 plus a percentage of $500,000 
                        equal to the percentage amount by which 
                        the amount made available exceeds 
                        $90,000,000.
                  (iv) Distributions.--Subject to clause (iii), 
                if any State does not apply for, or use, its 
                full funding eligibility for a fiscal year, the 
                Administration shall distribute the remaining 
                funds as follows:
                          (I) If the grant to any State is less 
                        than the amount received by that State 
                        in fiscal year 2000, the Administration 
                        shall distribute such remaining funds, 
                        on a pro rata basis, based on the 
                        percentage of shortage of each such 
                        State, as compared to the total amount 
                        of such remaining funds available, to 
                        the extent necessary in order to 
                        increase the amount of the grant to the 
                        amount received by that State in fiscal 
                        year 2000, or until such funds are 
                        exhausted, whichever first occurs.
                          (II) If any funds remain after the 
                        application of subclause (I), the 
                        remaining amount may be distributed as 
                        supplemental grants to any State, as 
                        the Administration determines, in its 
                        discretion, to be appropriate, after 
                        consultation with the association 
                        referred to in subsection (a)(3)(A).
                  (v) Use of amounts.--
                          [(I) In general.--Of the amounts made 
                        available in any fiscal year to carry 
                        out this section--
                                  [(aa) not more than $500,000 
                                may be used by the 
                                Administration to pay expenses 
                                enumerated in subparagraphs (B) 
                                through (D) of section 
                                20(a)(1); and
                                  [(bb) not more than $500,000 
                                may be used by the 
                                Administration to pay the 
                                examination expenses enumerated 
                                in section 20(a)(1)(E).]
                          (I) In general.--Of the amounts made 
                        available in any fiscal year to carry 
                        out this section not more than $600,000 
                        may be used by the Administration to 
                        pay expenses enumerated in 
                        subparagraphs (B) through (D) of 
                        section 20(a)(1).
                          (II) Limitation.--No funds described 
                        in subclause (I) may be used for 
                        examination expenses under section 
                        20(a)(1)(E) if the usage would reduce 
                        the amount of grants made available 
                        under clause (i)(I) of this 
                        subparagraph to less than $85,000,000 
                        (after excluding any amounts provided 
                        in appropriations Acts, or accompanying 
                        report language, for specific 
                        institutions or for purposes other than 
                        the general small business development 
                        center program) or would further reduce 
                        the amount of such grants below such 
                        amount.
                  (vi) Exclusions.--Grants provided to a State 
                by the Administration or another Federal agency 
                to carry out subsection (a)(6) or (c)(3)(G), or 
                for supplemental grants set forth in clause 
                (iv)(II) of this subparagraph, shall not be 
                included in the calculation of maximum funding 
                for a State under clause (ii) of this 
                subparagraph.
                  (vii) Authorization of appropriations.--There 
                are authorized to be appropriated to carry out 
                this subparagraph--
                          (I) $130,000,000 for fiscal year 
                        2005; and
                          (II) $135,000,000 for fiscal year 
                        2006.
                  (viii) Limitation.--From the funds 
                appropriated pursuant to clause (vii), the 
                Administration shall reserve not less than 
                $1,000,000 in each fiscal year to develop 
                portable assistance for startup and 
                sustainability non-matching grant programs to 
                be conducted by eligible small business 
                development centers in communities that are 
                economically challenged as a result of a 
                business or government facility down sizing or 
                closing, which has resulted in the loss of jobs 
                or small business instability. A non-matching 
                grant under this clause shall not exceed 
                $100,000, and shall be used for small business 
                development center personnel expenses and 
                related small business programs and services.
                  (ix) State defined.--In this subparagraph, 
                the term ``State'' means each of the several 
                States, the District of Columbia, the 
                Commonwealth of Puerto Rico, the Virgin 
                Islands, Guam, and American Samoa.
  (5) Federal contracts with small business development 
centers.--
          (A) In general.--Subject to the conditions set forth 
        in subparagraph (B), a small business development 
        center may enter into a contract with a Federal 
        department or agency to provide specific assistance to 
        small business concerns.
          (B) Contract prerequisites.--Before bidding on a 
        contract described in subparagraph (A), a small 
        business development center shall receive approval from 
        the Associate Administrator of the small business 
        development center program of the subject and general 
        scope of the contract. Each approval under subparagraph 
        (A) shall be based upon a determination that the 
        contract will provide assistance to small business 
        concerns and that performance of the contract will not 
        hinder the small business development center in 
        carrying out the terms of the grant received by the 
        small business development center from the 
        Administration.
          (C) Exemption from matching requirement.--A contract 
        under this paragraph shall not be subject to the 
        matching funds or eligibility requirements of paragraph 
        (4).
          (D) Additional provision.--Notwithstanding any other 
        provision of law, a contract for assistance under this 
        paragraph shall not be applied to any Federal 
        department or agency's small business, woman-owned 
        business, or socially and economically disadvantaged 
        business contracting goal under section 15(g).
          (6) Any applicant which is funded by the 
        Administration as a Small Business Development Center 
        may apply for an additional grant to be used solely to 
        assist--
                  (A) with the development and enhancement of 
                exports by small business concerns;
                  (B) in technology transfer; and
                  (C) with outreach, development, and 
                enhancement of minority-owned small business 
                startups or expansions, HUBZone small business 
                concerns, veteran-owned small business startups 
                or expansions, and women-owned small business 
                startups or expansions, in communities impacted 
                by base closings or military or corporate 
                downsizing, or in rural or underserved 
                communities;
        as provided under subparagraphs (B) through (G) of 
        subsection (c)(3). Applicants for such additional 
        grants shall comply with all of the provisions of this 
        section, including providing matching funds, except 
        that funding under this paragraph shall be effective 
        for any fiscal year to the extent provided in advance 
        in appropriations Acts and shall be in addition to the 
        dollar program limitations specified in paragraphs (4) 
        and (5). No recipient of funds under this paragraph 
        shall receive a grant which would exceed its pro rata 
        share of a $15,000,000 program based upon the 
        populations to be served by the Small Business 
        Development Center as compared to the total population 
        of the United States. The minimum amount of eligibility 
        for any State shall be $100,000.
          (7) Privacy requirements.--
                  (A) In general.--A small business development 
                center, consortium of small business 
                development centers, or contractor or agent of 
                a small business development center may not 
                disclose the name, address, or telephone number 
                of any individual or small business concern 
                receiving assistance under this section to any 
                State, local or Federal agency, or third party 
                without the consent of such individual or small 
                business concern, unless--
                          (i) the Administrator is ordered to 
                        make such a disclosure by a court in 
                        any civil or criminal enforcement 
                        action initiated by a Federal or State 
                        agency; or
                          (ii) the Administrator considers such 
                        a disclosure to be necessary for the 
                        purpose of conducting a financial audit 
                        of a small business development center, 
                        but a disclosure under this clause 
                        shall be limited to the information 
                        necessary for such audit.
                  (B) Administrator use of information.--This 
                section shall not--
                          (i) restrict Administrator access to 
                        program activity data; or
                          (ii) prevent the Administrator from 
                        using client information to conduct 
                        client surveys.
                  (C) Regulations.--
                          (i) In general.--The Administrator 
                        shall issue regulations to establish 
                        standards--
                                  (I) for disclosures with 
                                respect to financial audits 
                                under subparagraph (A)(ii); and
                                  (II) for client surveys under 
                                subparagraph (B)(ii), including 
                                standards for oversight of such 
                                surveys and for dissemination 
                                and use of client information.
                          (ii) Maximum privacy protection.--
                        Regulations under this subparagraph, 
                        shall, to the extent practicable, 
                        provide for the maximum amount of 
                        privacy protection.
                          (iii) Inspector general.--Until the 
                        effective date of regulations under 
                        this subparagraph, any client survey 
                        and the use of such information shall 
                        be approved by the Inspector General 
                        who shall include such approval in his 
                        semi-annual report.
  (b)(1) Financial assistance shall not be made available to 
any applicant if approving such assistance would be 
inconsistent with a plan for the area involved which has been 
adopted by an agency recognized by the State government as 
authorized to do so and approved by the Administration in 
accordance with the standards and requirements established 
pursuant to this section.
  (2) An applicant may apply to participate in the program by 
submitting to the Administration for approval a plan naming 
those authorized in subsection (a) to participate in the 
program, the geographic area to be served, the services that it 
would provide, the method for delivering services, a budget, 
and any other information and assurances the Administration may 
require to insure that the applicant will carry out the 
activities eligible for assistance. The Administration is 
authorized to approve, conditionally approve or reject a plan 
or combination of plans submitted. In all cases, the 
Administration shall review plans for conformity with the plan 
submitted pursuant to paragraph (1) of this subsection, and 
with a view toward providing small business with the most 
comprehensive and coordinated assistance in the State or part 
thereof to be served.
          (3) Assistance to out-of-state small business 
        concerns.--
                  (A) In general.--At the discretion of the 
                Administration, the Administration is 
                authorized to permit a small business 
                development center to provide advice, 
                information and assistance, as described in 
                subsection (c), to small businesses located 
                outside the State, but only to the extent such 
                businesses are located within close 
                geographical proximity to the small business 
                development center, as determined by the 
                Administration.
                  (B) Disaster recovery assistance.--
                          (i) In general.--At the discretion of 
                        the Administrator, the Administrator 
                        may authorize a small business 
                        development center to provide advice, 
                        information, and assistance, as 
                        described in subsection (c), to a small 
                        business concern located outside of the 
                        State, without regard to geographic 
                        proximity to the small business 
                        development center, if the small 
                        business concern is located in an area 
                        for which the President has declared a 
                        major disaster.
                          (ii) Term.--
                                  (I) In general.--A small 
                                business development center may 
                                provide advice, information, 
                                and assistance to a small 
                                business concern under clause 
                                (i) for a period of not more 
                                than 2 years after the date on 
                                which the President declared a 
                                major disaster for the area in 
                                which the small business 
                                concern is located.
                                  (II) Extension.--The 
                                Administrator may, at the 
                                discretion of the 
                                Administrator, extend the 
                                period described in subclause 
                                (I).
                          (iii) 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.
                          (iv) 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.
  (c)(1) Applicants receiving grants under this section shall 
assist small businesses in solving problems concerning 
operations, manufacturing, engineering, technology exchange and 
development, personnel administration, marketing, sales, 
merchandising, finance, accounting, business strategy 
development, and other disciplines required for small business 
growth and expansion, innovation, increased productivity, and 
management improvement, and for decreasing industry economic 
concentrations. Applicants receiving grants under this section 
may also assist small businesses by providing, where 
appropriate, education on the requirements applicable to small 
businesses under the regulations issued under section 38 of the 
Arms Export Control Act (22 U.S.C. 2778) and on compliance with 
those requirements.
  (2) A small business development center shall provide 
services as close as possible to small businesses by providing 
extension services and utilizing satellite locations when 
necessary. The facilities and staff of each Small Business 
Development Center shall be located in such places as to 
provide maximum accessibility and benefits to the small 
businesses which the center is intended to serve. To the extent 
possible, it also shall make full use of other Federal and 
State government programs that are concerned with aiding small 
business. A small business development center shall have--
          (A) a full-time staff, including a full-time director 
        who shall have the authority to make expenditures under 
        the center's budget and who shall manage the program 
        activities;
          (B) access to business analysts to counsel, assist, 
        and inform small business clients;
          (C) access to technology transfer agent to provide 
        state or art technology to small businesses through 
        coupling with national and regional technology data 
        sources;
          (D) access to information specialists to assist in 
        providing information searches and referrals to small 
        business;
          (E) access to part-time professional specialists to 
        conduct research or to provide counseling assistance 
        whenever the need arises; and
          (F) access to laboratory and adaptive engineering 
        facilities.
  (3) Services provided by a small business development center 
shall include, but shall not be limited to--
          (A) furnishing one-to-one individual counseling to 
        small businesses, including--
                  (i) working with individuals to increase 
                awareness of basic credit practices and credit 
                requirements;
                  (ii) working with individuals to develop 
                business plans, financial packages, credit 
                applications, and contract proposals;
                  (iii) working with the Administration to 
                develop and provide informational tools for use 
                in working with individuals on pre-business 
                startup planning, existing business expansion, 
                and export planning; and
                  (iv) working with individuals referred by the 
                local offices of the Administration and 
                Administration participating lenders;
          (B) assisting in technology transfer, research and 
        development, including applied research, and coupling 
        from existing sources to small businesses, including--
                  (i) working to increase the access of small 
                businesses to the capabilities of automated 
                flexible manufacturing systems;
                  (ii) working through existing networks and 
                developing new networks for technology transfer 
                that encourage partnership between the small 
                business and academic communities to help 
                commercialize university-based research and 
                development and introduce university-based 
                engineers and scientists to their counterparts 
                in small technology-based firms; and
                  (iii) exploring the viability of developing 
                shared production facilities, under appropriate 
                circumstances;
          (C) in cooperation with the Department of Commerce 
        and other relevant Federal agencies, actively assisting 
        small businesses in exporting by identifying and 
        developing potential export markets, facilitating 
        export transactions, developing linkages between United 
        States small business firms and prescreened foreign 
        buyers, assisting small businesses to participate in 
        international trade shows, assisting small businesses 
        in obtaining export financing, and facilitating the 
        development or reorientation of marketing and 
        production strategies; where appropriate, the Small 
        Business Development Center and the Administration may 
        work in cooperation with the State to establish a State 
        international trade center for these purposes;
          (D) developing a program in conjunction with the 
        Export-Import Bank and local and regional 
        Administration offices that will enable Small Business 
        Development Centers to serve as an information network 
        and to assist small business applicants for Export-
        Import Bank financing programs, and otherwise identify 
        and help to make available export financing programs to 
        small businesses;
          (E) working closely with the small business 
        community, small business consultants, State agencies, 
        universities and other appropriate groups to make 
        translation services more readily available to small 
        business firms doing business, or attempting to develop 
        business, in foreign markets;
          (F) in providing assistance under this subsection, 
        applicants shall cooperate with the Department of 
        Commerce and other relevant Federal agencies to 
        increase access to available export market information 
        systems, including the CIMS system;
          (G) assisting small businesses to develop and 
        implement strategic business plans to timely and 
        effectively respond to the planned closure (or 
        reduction) of a Department of Defense facility within 
        the community, or actual or projected reductions in 
        such firms' business base due to the actual or 
        projected termination (or reduction) of a Department of 
        Defense program or a contract in support of such 
        program--
                  (i) by developing broad economic assessments 
                of the adverse impacts of--
                          (I) the closure (or reduction) of the 
                        Department of Defense facility on the 
                        small business concerns providing goods 
                        or services to such facility or to the 
                        military and civilian personnel 
                        currently stationed or working at such 
                        facility; and
                          (II) the termination (or reduction) 
                        of a Department of Defense program (or 
                        contracts under such program) on the 
                        small business concerns participating 
                        in such program as a prime contractor, 
                        subcontractor or supplier at any tier;
                  (ii) by developing, in conjunction with 
                appropriate Federal, State, and local 
                governmental entities and other private sector 
                organizations, the parameters of a transition 
                adjustment program adaptable to the needs of 
                individual small business concerns;
                  (iii) by conducting appropriate programs to 
                inform the affected small business community 
                regarding the anticipated adverse impacts 
                identified under clause (i) and the economic 
                adjustment assistance available to such firms; 
                and
                  (iv) by assisting small business concerns to 
                develop and implement an individualized 
                transition business plan.
          (H) maintaining current information concerning 
        Federal, State, and local regulations that affect small 
        businesses and counsel small businesses on methods of 
        compliance. Counseling and technology development shall 
        be provided when necessary to help small businesses 
        find solutions for complying with environmental, 
        energy, health, safety, and other Federal, State, and 
        local regulations;
          (I) coordinating and conducting research into 
        technical and general small business problems for which 
        there are no ready solutions;
          (J) providing and maintaining a comprehensive library 
        that contains current information and statistical data 
        needed by small businesses;
          (K) maintaining a working relationship and open 
        communications with the financial and investment 
        communities, legal associations, local and regional 
        private consultants, and local and regional small 
        business groups and associations in order to help 
        address the various needs of the small business 
        community;
          (L) conducting in-depth surveys for local small 
        business groups in order to develop general information 
        regarding the local economy and general small 
        businesses strengths and weaknesses in the locality;
          (M) in cooperation with the Department of Commerce, 
        the Administration and other relevant Federal agencies, 
        actively assisting rural small businesses in exporting 
        by identifying and developing potential export markets 
        for rural small businesses, facilitating export 
        transactions for rural small businesses, developing 
        linkages between United States' rural small businesses 
        and prescreened foreign buyers, assisting rural small 
        businesses to participate in international trade shows, 
        assisting rural small businesses in obtaining export 
        financing and developing marketing and production 
        strategies;
          (N) assisting rural small businesses--
                  (i) in developing marketing and production 
                strategies that will enable them to better 
                compete in the domestic market--
                  (ii) by providing technical assistance needed 
                by rural small businesses;
                  (iii) by making available managerial 
                assistance to rural small business concerns; 
                and
                  (iv) by providing information and assistance 
                in obtaining financing for business startups 
                and expansion;
          (O) in conjunction with the United States Travel and 
        Tourism Administration, assist rural small business in 
        developing the tourism potential of rural communities 
        by--
                  (i) identifying the cultural, historic, 
                recreational, and scenic resources of such 
                communities;
                  (ii) providing assistance to small businesses 
                in developing tourism marketing and promotion 
                plans relating to tourism in rural areas; and
                  (iii) assisting small business concerns to 
                obtain capital for starting or expanding 
                businesses primarily serving tourists;
          (P) maintaining lists of local and regional private 
        consultants to whom small business can be referred;
          (Q) providing information to small business concerns 
        regarding compliance with regulatory requirements;
          (R) developing informational publications, 
        establishing resource centers of reference materials, 
        and distributing compliance guides published under 
        section 312(a) of the Small Business Regulatory 
        Enforcement Fairness Act of 1996;
          (S) providing small business owners with access to a 
        wide variety of export-related information by 
        establishing on-line computer linkages between small 
        business development centers and an international trade 
        data information network with ties to the Export 
        Assistance Center program; and
          (T) providing information and assistance to small 
        business concerns with respect to establishing drug-
        free workplace programs on or before October 1, 2006.
  (4) A small business development center shall continue to 
upgrade and modify its services, as needed, in order to meet 
the changing and evolving needs of the small business 
community.
  (5) In addition to the methods prescribed in section 
21(c)(2), a small business development center shall utilize and 
compensate as one of its resources qualified small business 
vendors, including but not limited to, private management 
consultants, private consulting engineers and private testing 
laboratories, to provide services as described in this 
subsection to small businesses on behalf of such small business 
development center.
  (6) In any State (A) in which the Administration has not made 
a grant pursuant to paragraph (1) of subsection (a), or (B) in 
which no application for a grant has been made by a Small 
Business Development Center pursuant to paragraph (6) of such 
subsection within 60 days after the effective date of any grant 
under subsection (a)(1) to such center or the date the 
Administration notifies the grantee funded under subsection 
(a)(1) that funds are available for grant applications pursuant 
to subsection (a)(6), whichever date occurs last, the 
Administration may make grants to a non-profit entity in that 
State to carry out the activities specified in paragraph (6) of 
subsection (a). Any such applicants shall comply with the 
matching funds requirement of paragraph (4) of subsection (a). 
Such grants shall be effective for any fiscal year only to the 
extent provided in advance in appropriations Acts, and each 
State shall be limited to the pro rata share provisions of 
paragraph (6) of subsection (a).
          (7) In performing the services identified in 
        paragraph (3), the Small Business Development Centers 
        shall work in close cooperation with the 
        Administration's regional and local offices, the local 
        small business community, and appropriate State and 
        local agencies.
          (8) The Associate Administrator for Small Business 
        Development Centers, in consultation with the Small 
        Business Development Centers, shall develop and 
        implement an information sharing system. Subject to 
        amounts approved in advance in appropriations Acts, the 
        Administration may make grants or enter cooperative 
        agreements with one or more centers to carry out the 
        provisions of this paragraph. Said grants or 
        cooperative agreements shall be awarded for periods of 
        no more than five years duration. The matching funds 
        provisions of subsection (a) shall not be applicable to 
        grants or cooperative agreements under this paragraph. 
        The system shall--
                  (A) allow Small Business Development Centers 
                participating in the program to exchange 
                information about their programs; and
                  (B) provide information central to technology 
                transfer.
  (d) Where appropriate, the Small Business Development Centers 
shall work in conjunction with the relevant State agency and 
the Department of Commerce to develop a comprehensive plan for 
enhancing the export potential of small businesses located 
within the State. This plan may involve the cofunding and 
staffing of a State Office of International Trade within the 
State Small Business Development Center, using joint State and 
Federal funding, and any other appropriate measures directed at 
improving the export performance of small businesses within the 
State.
  (e) Laboratories operated and funded by the Federal 
Government are authorized and directed to cooperate with the 
Administration in developing and establishing programs to 
support small business development centers by making facilities 
and equipment available; providing experiment station 
capabilities in adaptive engineering; providing library and 
technical information processing capabilities; and providing 
professional staff for consulting. The Administration is 
authorized to reimburse the laboratories for such services.
  (f) The National Science Foundation is authorized and 
directed to cooperate with the Administration and with the 
Small Business Development Centers in developing and 
establishing programs to support the centers.
  (g) National Aeronautics and Space Administration and 
Regional Technology Transfer Centers.--The National Aeronautics 
and Space Administration and regional technology transfer 
centers supported by the National Aeronautics and Space 
Administration are authorized and directed to cooperate with 
small business development centers participating in the 
program.
  (h) Associate Administrator for Small Business Development 
Centers.--
          (1) Appointment and compensation.--The Administrator 
        shall appoint an Associate Administrator for Small 
        Business Development Centers who shall report to an 
        official who is not more than one level below the 
        Office of the Administrator and who shall serve without 
        regard to the provisions of title 5, governing 
        appointments in the competitive service, and without 
        regard to chapter 51, and subchapter III of chapter 53 
        of such title relating to classification and General 
        Schedule pay rates, but at a rate not less than the 
        rate of GS-17 of the General Schedule.
          (2) Duties.--
                  (A) In general.--The sole responsibility of 
                the Associate Administrator for Small Business 
                Development Centers shall be to administer the 
                small business development center program. 
                Duties of the position shall include 
                recommending the annual program budget, 
                reviewing the annual budgets submitted by each 
                applicant, establishing appropriate funding 
                levels therefore, selecting applicants to 
                participate in this program, implementing the 
                provisions of this section, maintaining a 
                clearinghouse to provide for the dissemination 
                and exchange of information between small 
                business development centers and conducting 
                audits of recipients of grants under this 
                section.
                  (B) Consultation requirements.--In carrying 
                out the duties described in this subsection, 
                the Associate Administrator shall confer with 
                and seek the advice of the Board established by 
                subsection (i) and Administration officials in 
                areas served by the small business development 
                centers; however, the Associate Administrator 
                shall be responsible for the management and 
                administration of the program and shall not be 
                subject to the approval or concurrence of such 
                Administration officials.
  (i)(1) There is established a National Small Business 
Development Center Advisory Board (herein referred to as 
``Board'') which shall consist of nine members appointed from 
civilian life by the Administrator and who shall be persons of 
outstanding qualifications known to be familiar and sympathetic 
with small business needs and problems. No more than three 
members shall be from universities or their affiliates and six 
shall be from small businesses or associations representing 
small businesses. At the time of the appointment of the Board, 
the Administrator shall designate one-third of the members and 
at least one from each category whose term shall end in two 
years from the date of appointment, a second third whose term 
shall end in three years from the date of appointment, and the 
final third whose term shall end in four years from the date of 
appointment. Succeeding Boards shall have three-year terms, 
with one-third of the Board changing each year.
  (2) The Board shall elect a Chairman and advise, counsel, and 
confer with the Associate Administrator for Small Business 
Development Centers in carrying out the duties described in 
this section. The Board shall meet at least semiannually and at 
the call of the Chairman of the Board. Each member of the Board 
shall be entitled to be compensated at the rate not in excess 
of the per diem equivalent of the highest rate of pay for 
individuals occupying the position under GS-18 of the General 
Schedule for each day engaged in activities of the Board and 
shall be entitled to be reimbursed for expenses as a member of 
the Board.
  (j)(1) Each small business development center shall establish 
an advisory board.
  (2) Each small business development center advisory board 
shall elect a chairman and advise, counsel, and confer with the 
director of the small business development center on all policy 
matters pertaining to the operation of the small business 
development center, including who may be eligible to receive 
assistance from, and how local and regional private consultants 
may participate with the small business development center.
  (k) Program Examination and Accreditation.--
          (1) Examination.--Not later than 180 days after the 
        date of enactment of this subsection, the 
        Administration shall develop and implement a biennial 
        programmatic and financial examination of each small 
        business development center established pursuant to 
        this section.
          (2) Accreditation.--The Administration may provide 
        financial support, by contract or otherwise, to the 
        association authorized by subsection (a)(3)(A) for the 
        purpose of developing a small business development 
        center accreditation program.
          (3) Extension or renewal of cooperative agreements.--
                  (A) In general.--In extending or renewing a 
                cooperative agreement of a small business 
                development center, the Administration shall 
                consider the results of the examination and 
                accreditation program conducted pursuant to 
                paragraphs (1) and (2).
                  (B) Accreditation requirement.--After 
                September 30, 2000, the Administration may not 
                renew or extend any cooperative agreement with 
                a small business development center unless the 
                center has been approved under the 
                accreditation program conducted pursuant to 
                this subsection, except that the Associate 
                Administrator for Small Business Development 
                Centers may waive such accreditation 
                requirement, in the discretion of the Associate 
                Administrator, upon a showing that the center 
                is making a good faith effort to obtain 
                accreditation.
  (l) Contract Authority.--The authority to enter into 
contracts shall be in effect for each fiscal year only to the 
extent and in the amounts as are provided in advance in 
appropriations Acts. After the administration has entered a 
contract, either as a grant or a cooperative agreement, with 
any applicant under this section, it shall not suspend, 
terminate, or fail to renew or extend any such contract unless 
the Administration provides the applicant with written 
notification setting forth the reasons therefore and affording 
the applicant an opportunity for a hearing, appeal, or other 
administrative proceeding under the provisions of chapter 5 of 
title 5, United States Code. If any contract or cooperative 
agreement under this section with an entity that is covered by 
this section is not renewed or extended, any award of a 
successor contract or cooperative agreement under this section 
to another entity shall be made on a competitive basis.
  (m) Prohibition on Certain Fees.--A small business 
development center shall not impose or otherwise collect a fee 
or other compensation in connection with the provision of 
counseling services under this section.
  (n) Veterans Assistance and Services Program.--
          (1) In general.--A small business development center 
        may apply for a grant under this subsection to carry 
        out a veterans assistance and services program.
          (2) Elements of program.--Under a program carried out 
        with a grant under this subsection, a small business 
        development center shall--
                  (A) create a marketing campaign to promote 
                awareness and education of the services of the 
                center that are available to veterans, and to 
                target the campaign toward veterans, service-
                disabled veterans, military units, Federal 
                agencies, and veterans organizations;
                  (B) use technology-assisted online counseling 
                and distance learning technology to overcome 
                the impediments to entrepreneurship faced by 
                veterans and members of the Armed Forces; and
                  (C) increase coordination among organizations 
                that assist veterans, including by establishing 
                virtual integration of service providers and 
                offerings for a one-stop point of contact for 
                veterans who are entrepreneurs or owners of 
                small business concerns.
          (3) Amount of grants.--A grant under this subsection 
        shall be for not less than $75,000 and not more than 
        $250,000.
          (4) Funding.--Subject to amounts approved in advance 
        in appropriations Acts, the Administration may make 
        grants or enter into cooperative agreements to carry 
        out the provisions of this subsection.
  (o) No Prohibition of Marketing of Services.--The 
Administrator shall not prohibit applicants receiving grants 
under this section from marketing and advertising their 
services to individuals and small business concerns.
  (p) Annual Report on Data Collection.--The Administrator 
shall report annually to the Committee on Small Business of the 
House of Representatives and the Committee on Small Business 
and Entrepreneurship of the Senate on any data collection 
activities related to the Small Business Development Center 
program.
  (q) Limitation on Award of Grants.--Except for not-for-profit 
institutions of higher education, and notwithstanding any other 
provision of law, the Administrator may not award grants 
(including contracts and cooperative agreements) under this 
section to any entity other than those that received grants 
(including contracts and cooperative agreements) under this 
section prior to the date of the enactment of this subsection, 
and that seek to renew such grants (including contracts and 
cooperative agreements) after such date.

SEC. 22. OFFICE OF INTERNATIONAL TRADE.

  (a) Establishment.--
          (1) Office.--There is established within the 
        Administration an Office of International Trade which 
        shall implement the programs pursuant to this section 
        for the primary purposes of increasing--
                  (A) the number of small business concerns 
                that export; and
                  (B) the volume of exports by small business 
                concerns.
          (2) Associate administrator.--The head of the Office 
        shall be the Associate Administrator for International 
        Trade, who shall be responsible to the Administrator.
  (b) Trade Distribution Network.--The Associate Administrator, 
working in close cooperation with the Secretary of Commerce, 
the United States Trade Representative, the Secretary of 
Agriculture, the Secretary of State, the President of the 
Export-Import Bank of the United States, the President of the 
Overseas Private Investment Corporation, Director of the United 
States Trade and Development Agency, and other relevant Federal 
agencies, small business development centers engaged in export 
promotion efforts, Export Assistance Centers, regional and 
district offices of the Administration, the small business 
community, and relevant State and local export promotion 
programs, shall--
          (1) maintain a distribution network, using regional 
        and district offices of the Administration, the small 
        business development center network, networks of 
        women's business centers, the [Service Corps of Retired 
        Executives] SCORE program authorized by section 
        8(b)(1), and Export Assistance Centers, for programs 
        relating to--
                  (A) trade promotion;
                  (B) trade finance;
                  (C) trade adjustment assistance;
                  (D) trade remedy assistance; and
                  (E) trade data collection;
          (2) aggressively market the programs described in 
        paragraph (1) and disseminate information, including 
        computerized marketing data, to small business concerns 
        on exporting trends, market-specific growth, industry 
        trends, and international prospects for exports;
          (3) promote export assistance programs through the 
        district and regional offices of the Administration, 
        the small business development center network, Export 
        Assistance Centers, the network of women's business 
        centers, chapters of the [Service Corps of Retired 
        Executives] SCORE program, State and local export 
        promotion programs, and partners in the private sector; 
        and
          (4) give preference in hiring or approving the 
        transfer of any employee into the Office or to a 
        position described in subsection (c)(9) to otherwise 
        qualified applicants who are fluent in a language in 
        addition to English, to--
                  (A) accompany small business concerns on 
                foreign trade missions; and
                  (B) translate documents, interpret 
                conversations, and facilitate multilingual 
                transactions, including by providing referral 
                lists for translation services, if required.
  (c) Promotion of Sales Opportunities.--The Associate 
Administrator shall promote sales opportunities for small 
business goods and services abroad. To accomplish this 
objective the office shall--
          (1) establish annual goals for the Office relating 
        to--
                  (A) enhancing the exporting capability of 
                small business concerns and small 
                manufacturers;
                  (B) facilitating technology transfers;
                  (C) enhancing programs and services to assist 
                small business concerns and small manufacturers 
                to compete effectively and efficiently in 
                foreign markets;
                  (D) increasing the ability of small business 
                concerns to access capital; and
                  (E) disseminating information concerning 
                Federal, State, and private programs and 
                initiatives;
          (2) in cooperation with the Department of Commerce, 
        other relevant agencies, regional and local 
        Administration offices, the Small Business Development 
        Center network, and State programs, develop a mechanism 
        for--
                  (A) identifying subsectors of the small 
                business community with strong export 
                potential;
                  (B) identifying areas of demand in foreign 
                markets;
                  (C) prescreening foreign buyers for 
                commercial and credit purposes; and
                  (D) assisting in increasing international 
                marketing by disseminating relevant information 
                regarding market leads, linking potential 
                sellers and buyers, and catalyzing the 
                formation of joint ventures, where appropriate;
          (3) in cooperation with the Department of Commerce, 
        actively assist small business concerns in forming and 
        using export trading companies, export management 
        companies and research and development pools authorized 
        under section 9 of this Act;
          (4) work in conjunction with other Federal agencies, 
        regional and district offices of the Administration, 
        the small business development center network, and the 
        private sector to identify and publicize translation 
        services, including those available through colleges 
        and universities participating in the small business 
        development center program;
          (5) work closely with the Department of Commerce and 
        other relevant Federal agencies to--
                  (A) collect, analyze and periodically update 
                relevant data regarding the small business 
                share of United States exports and the nature 
                of State exports (including the production of 
                Gross State Product figures) and disseminate 
                that data to the public and to Congress;
                  (B) make recommendations to the Secretary of 
                Commerce and to Congress regarding revision of 
                the North American Industry Classification 
                System codes to encompass industries currently 
                overlooked and to create North American 
                Industry Classification System codes for export 
                trading companies and export management 
                companies;
                  (C) improve the utility and accessibility of 
                existing export promotion programs for small 
                business concerns; and
                  (D) increase the accessibility of the Export 
                Trading Company contact facilitation service;
          (6) make available to the small business community 
        information regarding conferences on exporting and 
        international trade sponsored by the public and private 
        sector;
          (7) provide small business concerns with access to up 
        to date and complete export information by--
                  (A) making available, at the regional and 
                district offices of the Administration through 
                cooperation with the Department of Commerce, 
                export information, including, but not limited 
                to, the worldwide information and trade system 
                and world trade data reports;
                  (B) maintaining a list of financial 
                institutions that finance export operations;
                  (C) maintaining a directory of all Federal, 
                regional, State and private sector programs 
                that provide export information and assistance 
                to small business concerns; and
                  (D) preparing and publishing such reports as 
                it determines to be necessary concerning market 
                conditions, sources of financing, export 
                promotion programs, and other information 
                pertaining to the needs of small business 
                export firms so as to insure that the maximum 
                information is made available to small business 
                concerns in a readily usable form;
          (8) encourage through cooperation with the Department 
        of Commerce, greater small business participation in 
        trade fairs, shows, missions, and other domestic and 
        overseas export development activities of the 
        Department of Commerce;
          (9) facilitate decentralized delivery of export 
        information and assistance to small business concerns 
        by assigning primary responsibility for export 
        development to one individual in each district office 
        and providing each Administration regional office with 
        a full-time export development specialist, who shall--
                  (A) assist small business concerns in 
                obtaining export information and assistance 
                from other Federal departments and agencies;
                  (B) maintain a directory of all programs 
                which provide export information and assistance 
                to small business concerns in the region;
                  (C) encourage financial institutions to 
                develop and expand programs for export 
                financing;
                  (D) provide advice to personnel of the 
                Administration involved in making loans, loan 
                guarantees, and extensions and revolving lines 
                of credit, and providing other forms of 
                assistance to small business concerns engaged 
                in exports;
                  (E) within one hundred and eighty days of 
                their appointment, participate in training 
                programs designed by the Administrator, in 
                conjunction with the Department of Commerce and 
                other Federal departments and agencies, to 
                study export programs and to examine the needs 
                of small business concerns for export 
                information and assistance;
                  (F) participate, jointly with employees of 
                the Office, in an annual training program that 
                focuses on current small business needs for 
                exporting; and
                  (G) develop and conduct training programs for 
                exporters and lenders, in cooperation with the 
                Export Assistance Centers, the Department of 
                Commerce, the Department of Agriculture, small 
                business development centers, women's business 
                centers, the Export-Import Bank of the United 
                States, the Overseas Private Investment 
                Corporation, and other relevant Federal 
                agencies;
          (10) make available on the website of the 
        Administration the name and contact information of each 
        individual described in paragraph (9);
          (11) carry out a nationwide marketing effort using 
        technology, online resources, training, and other 
        strategies to promote exporting as a business 
        development opportunity for small business concerns;
          (12) disseminate information to the small business 
        community through regional and district offices of the 
        Administration, the small business development center 
        network, Export Assistance Centers, the network of 
        women's business centers, chapters of the [Service 
        Corps of Retired Executives] SCORE program authorized 
        by section 8(b)(1), State and local export promotion 
        programs, and partners in the private sector regarding 
        exporting trends, market-specific growth, industry 
        trends, and prospects for exporting; and
          (13) establish and carry out training programs for 
        the staff of the regional and district offices of the 
        Administration and resource partners of the 
        Administration on export promotion and providing 
        assistance relating to exports.
  (d) Export Financing Programs.--
          (1) In general.--The Associate Administrator shall 
        work in cooperation with the Export-Import Bank of the 
        United States, the Department of Commerce, other 
        relevant Federal agencies, and the States to develop a 
        program through which export specialists in the 
        regional offices of the Administration, regional and 
        local loan officers, and Small Business Development 
        Center personnel can facilitate the access of small 
        businesses to relevant export financing programs of the 
        Export-Import Bank of the United States and to export 
        and pre-export financing programs available from the 
        Administration and the private sector.
          (2) Trade finance specialist.--To accomplish the goal 
        established under paragraph (1), the Associate 
        Administrator shall--
                  (A) designate at least 1 individual within 
                the Administration as a trade finance 
                specialist to oversee international loan 
                programs and assist Administration employees 
                with trade finance issues; and
                  (B) work in cooperation with the Export-
                Import Bank and the small business community, 
                including small business trade associations, 
                to--
                          (i) aggressively market existing 
                        Administration export financing and 
                        pre-export financing programs;
                          (ii) identify financing available 
                        under various Export-Import Bank 
                        programs, and aggressively market those 
                        programs to small businesses;
                          (iii) assist in the development of 
                        financial intermediaries and facilitate 
                        the access of those intermediaries to 
                        existing financing programs;
                          (iv) promote greater participation by 
                        private financial institutions, 
                        particularly those institutions already 
                        participating in loan programs under 
                        this Act, in export finance; and
                          (v) provide for the participation of 
                        appropriate Administration personnel in 
                        training programs conducted by the 
                        Export-Import Bank.
  (e) Trade Remedies.--The Associate Administrator shall--
          (1) work in cooperation with other Federal agencies 
        and the private sector to counsel small businesses with 
        respect to initiating and participating in any 
        proceedings relating to the administration of the 
        United States trade laws; and
          (2) work with the Department of Commerce, the Office 
        of the United States Trade Representative, and the 
        International Trade Commission to increase access to 
        trade remedy proceedings for small businesses.
  (f) Reporting Requirement.--The Associate Administrator shall 
submit an annual report to the Committee on Small Business and 
Entrepreneurship of the Senate and the Committee on Small 
Business of the House of Representatives that contains--
          (1) a description of the progress of the Office in 
        implementing the requirements of this section;
          (2) a detailed account of the results of export 
        growth activities of the Administration, including the 
        activities of each district and regional office of the 
        Administration, based on the performance measures 
        described in subsection (i);
          (3) an estimate of the total number of jobs created 
        or retained as a result of export assistance provided 
        by the Administration and resource partners of the 
        Administration;
          (4) for any travel by the staff of the Office, the 
        destination of such travel and the benefits to the 
        Administration and to small business concerns resulting 
        from such travel; and
          (5) a description of the participation by the Office 
        in trade negotiations.
  (g) Studies.--The Associate Administrator, in cooperation, 
where appropriate, with the Division of Economic Research of 
the Office of Advocacy, and with other Federal agencies, shall 
undertake studies regarding the following issues and shall 
report to the Committees on Small Business of the House of 
Representatives and the Senate, and to other relevant 
Committees of the House and Senate within 6 months after the 
date of enactment of the Small Business International Trade and 
Competitiveness Act with specific recommendations on--
          (1) the viability and cost of establishing an annual, 
        competitive small business export incentive program 
        similar to the Small Business Innovation Research 
        program and alternative methods of structuring such a 
        program;
          (2) methods of streamlining trade remedy proceedings 
        to increase access for, and reduce expenses incurred 
        by, smaller firms;
          (3) methods of improving the current small business 
        foreign sales corporation tax incentives and providing 
        small businesses with greater benefits from this 
        initiative;
          (4) methods of identifying potential export markets 
        for United States small businesses; maintaining and 
        disseminating current foreign market data; and devising 
        a comprehensive export marketing strategy for United 
        States small business goods and services, and shall 
        include data on the volume and dollar amount of goods 
        and services, identified by type, imported by United 
        States trading partners over the past 10 years; and
          (5) the results of a survey of major United States 
        trading partners to identify the domestic policies, 
        programs and incentives, and the private sector 
        initiatives, which exist to encourage the formation and 
        growth of small business.
  (h) Discharge of International Trade Responsibilities of 
Administration.--The Administrator shall ensure that--
          (1) the responsibilities of the Administration 
        regarding international trade are carried out by the 
        Associate Administrator;
          (2) the Associate Administrator has sufficient 
        resources to carry out such responsibilities; and
          (3) the Associate Administrator has direct 
        supervision and control over--
                  (A) the staff of the Office; and
                  (B) any employee of the Administration whose 
                principal duty station is an Export Assistance 
                Center, or any successor entity.
  (i) Export and Trade Counseling.--
          (1) Definition.--In this subsection--
                  (A) the term ``lead small business 
                development center'' means a small business 
                development center that has received a grant 
                from the Administration; and
                  (B) the term ``lead women's business center'' 
                means a women's business center that has 
                received a grant from the Administration.
          (2) Certification program.--The Administrator shall 
        establish an export and trade counseling certification 
        program to certify employees of lead small business 
        development centers and lead women's business centers 
        in providing export assistance to small business 
        concerns.
          (3) Number of certified employees.--The Administrator 
        shall ensure that the number of employees of each lead 
        small business development center who are certified in 
        providing export assistance is not less than the lesser 
        of--
                  (A) 5; or
                  (B) 10 percent of the total number of 
                employees of the lead small business 
                development center.
          (4) Reimbursement for certification.--
                  (A) In general.--Subject to the availability 
                of appropriations, the Administrator shall 
                reimburse a lead small business development 
                center or a lead women's business center for 
                costs relating to the certification of an 
                employee of the lead small business center or 
                lead women's business center in providing 
                export assistance under the program established 
                under paragraph (2).
                  (B) Limitation.--The total amount reimbursed 
                by the Administrator under subparagraph (A) may 
                not exceed $350,000 in any fiscal year.
  (j) Performance Measures.--
          (1) In general.--The Associate Administrator shall 
        develop performance measures for the Administration to 
        support export growth goals for the activities of the 
        Office under this section that include--
                  (A) the number of small business concerns 
                that--
                          (i) receive assistance from the 
                        Administration;
                          (ii) had not exported goods or 
                        services before receiving the 
                        assistance described in clause (i); and
                          (iii) export goods or services;
                  (B) the number of small business concerns 
                receiving assistance from the Administration 
                that export goods or services to a market 
                outside the United States into which the small 
                business concern did not export before 
                receiving the assistance;
                  (C) export revenues by small business 
                concerns assisted by programs of the 
                Administration;
                  (D) the number of small business concerns 
                referred to an Export Assistance Center or a 
                small business development center by the staff 
                of the Office;
                  (E) the number of small business concerns 
                referred to the Administration by an Export 
                Assistance Center or a small business 
                development center; and
                  (F) the number of small business concerns 
                referred to the Department of Commerce, the 
                Department of Agriculture, the Department of 
                State, the Export-Import Bank of the United 
                States, the Overseas Private Investment 
                Corporation, or the United States Trade and 
                Development Agency by the staff of the Office, 
                an Export Assistance Center, or a small 
                business development center.
          (2) Joint performance measures.--The Associate 
        Administrator shall develop joint performance measures 
        for the district offices of the Administration and the 
        Export Assistance Centers that include the number of 
        export loans made under--
                  (A) section 7(a)(16);
                  (B) the Export Working Capital Program 
                established under section 7(a)(14);
                  (C) the Preferred Lenders Program, as defined 
                in section 7(a)(2)(C)(ii); and
                  (D) the export express program established 
                under section 7(a)(34).
          (3) Consistency of tracking.--The Associate 
        Administrator, in coordination with the departments and 
        agencies that are represented on the Trade Promotion 
        Coordinating Committee established under section 2312 
        of the Export Enhancement Act of 1988 (15 U.S.C. 4727) 
        and the small business development center network, 
        shall develop a system to track exports by small 
        business concerns, including information relating to 
        the performance measures developed under paragraph (1), 
        that is consistent with systems used by the departments 
        and agencies and the network.
  (k) Export Assistance Centers.--
          (1) Export finance specialists.--
                  (A) Minimum number of export finance 
                specialists.--On and after the date that is 90 
                days after the date of enactment of this 
                subsection, the Administrator, in coordination 
                with the Secretary of Commerce, shall ensure 
                that the number of export finance specialists 
                is not less than the number of such employees 
                so assigned on January 1, 2003.
                  (B) Export finance specialists assigned to 
                each region of the administration.--On and 
                after the date that is 2 years after the date 
                of enactment of this subsection, the 
                Administrator, in coordination with the 
                Secretary of Commerce, shall ensure that there 
                are not fewer than 3 export finance specialists 
                in each region of the Administration.
          (2) Placement of export finance specialists.--
                  (A) Priority.--The Administrator shall give 
                priority, to the maximum extent practicable, to 
                placing employees of the Administration at any 
                Export Assistance Center that--
                          (i) had an Administration employee 
                        assigned to the Export Assistance 
                        Center before January 2003; and
                          (ii) has not had an Administration 
                        employee assigned to the Export 
                        Assistance Center during the period 
                        beginning January 2003, and ending on 
                        the date of enactment of this 
                        subsection, either through retirement 
                        or reassignment.
                  (B) Needs of exporters.--The Administrator 
                shall, to the maximum extent practicable, 
                strategically assign Administration employees 
                to Export Assistance Centers, based on the 
                needs of exporters.
                  (C) Rule of construction.--Nothing in this 
                subsection may be construed to require the 
                Administrator to reassign or remove an export 
                finance specialist who is assigned to an Export 
                Assistance Center on the date of enactment of 
                this subsection.
          (3) Goals.--The Associate Administrator shall work 
        with the Department of Commerce, the Export-Import Bank 
        of the United States, and the Overseas Private 
        Investment Corporation to establish shared annual goals 
        for the Export Assistance Centers.
          (4) Oversight.--The Associate Administrator shall 
        designate an individual within the Administration to 
        oversee all activities conducted by Administration 
        employees assigned to Export Assistance Centers.
  (l) State Trade Expansion Program.--
          (1) Definitions.--In this subsection--
                  (A) the term ``eligible small business 
                concern'' means a business concern that--
                          (i) is organized or incorporated in 
                        the United States;
                          (ii) is operating in the United 
                        States;
                          (iii) meets--
                                  (I) the applicable industry-
                                based small business size 
                                standard established under 
                                section 3; or
                                  (II) the alternate size 
                                standard applicable to the 
                                program under section 7(a) of 
                                this Act and the loan programs 
                                under title V of the Small 
                                Business Investment Act of 1958 
                                (15 U.S.C. 695 et seq.);
                          (iv) has been in business for not 
                        less than 1 year, as of the date on 
                        which assistance using a grant under 
                        this subsection commences; and
                          (v) has access to sufficient 
                        resources to bear the costs associated 
                        with trade, including the costs of 
                        packing, shipping, freight forwarding, 
                        and customs brokers;
                  (B) the term ``program'' means the State 
                Trade Expansion Program established under 
                paragraph (2);
                  (C) the term ``rural small business concern'' 
                means an eligible small business concern 
                located in a rural area, as that term is 
                defined in section 1393(a)(2) of the Internal 
                Revenue Code of 1986;
                  (D) the term ``socially and economically 
                disadvantaged small business concern'' has the 
                meaning given that term in section 8(a)(4)(A) 
                of the Small Business Act (15 U.S.C. 
                637(a)(4)(A)); and
                  (E) the term ``State'' means each of the 
                several States, the District of Columbia, the 
                Commonwealth of Puerto Rico, the Virgin 
                Islands, Guam, the Commonwealth of the Northern 
                Mariana Islands, and American Samoa.
          (2) Establishment of program.--The Associate 
        Administrator shall establish a trade expansion 
        program, to be known as the ``State Trade Expansion 
        Program'', to make grants to States to carry out 
        programs that assist eligible small business concerns 
        in--
                  (A) participation in foreign trade missions;
                  (B) a subscription to services provided by 
                the Department of Commerce;
                  (C) the payment of website fees;
                  (D) the design of marketing media;
                  (E) a trade show exhibition;
                  (F) participation in training workshops;
                  (G) a reverse trade mission;
                  (H) procurement of consultancy services 
                (after consultation with the Department of 
                Commerce to avoid duplication); or
                  (I) any other initiative determined 
                appropriate by the Associate Administrator.
          (3) Grants.--
                  (A) Joint review.--In carrying out the 
                program, the Associate Administrator may make a 
                grant to a State to increase the number of 
                eligible small business concerns in the State 
                exploring significant new trade opportunities.
                  (B) Considerations.--In making grants under 
                this subsection, the Associate Administrator 
                may give priority to an application by a State 
                that proposes a program that--
                          (i) focuses on eligible small 
                        business concerns as part of a trade 
                        expansion program;
                          (ii) demonstrates intent to promote 
                        trade expansion by--
                                  (I) socially and economically 
                                disadvantaged small business 
                                concerns;
                                  (II) small business concerns 
                                owned or controlled by women; 
                                and
                                  (III) rural small business 
                                concerns;
                          (iii) promotes trade facilitation 
                        from a State that is not 1 of the 10 
                        States with the highest percentage of 
                        eligible small business concerns that 
                        are engaged in international trade, 
                        based upon the most recent data from 
                        the Department of Commerce; and
                          (iv) includes--
                                  (I) activities which have 
                                resulted in the highest return 
                                on investment based on the most 
                                recent year; and
                                  (II) the adoption of shared 
                                best practices included in the 
                                annual report of the 
                                Administration.
                  (C) Limitations.--
                          (i) Single application.--A State may 
                        not submit more than 1 application for 
                        a grant under the program in any 1 
                        fiscal year.
                          (ii) Proportion of amounts.--The 
                        total value of grants made under the 
                        program during a fiscal year to the 10 
                        States with the highest percentage of 
                        eligible small business concerns, based 
                        upon the most recent data available 
                        from the Department of Commerce, shall 
                        be not more than 40 percent of the 
                        amounts appropriated for the program 
                        for that fiscal year.
                          (iii) Duration.--The Associate 
                        Administrator shall award a grant under 
                        this program for a period of not more 
                        than 2 years.
                  (D) Application.--
                          (i) In general.--A State desiring a 
                        grant under the program shall submit an 
                        application at such time, in such 
                        manner, and accompanied by such 
                        information as the Associate 
                        Administrator may establish.
                          (ii) Consultation to reduce 
                        duplication.--A State desiring a grant 
                        under the program shall--
                                  (I) before submitting an 
                                application under clause (i), 
                                consult with applicable trade 
                                agencies of the Federal 
                                Government on the scope and 
                                mission of the activities the 
                                State proposes to carry out 
                                using the grant, to ensure 
                                proper coordination and reduce 
                                duplication in services; and
                                  (II) document the 
                                consultation conducted under 
                                subclause (I) in the 
                                application submitted under 
                                clause (i).
          (4) Competitive basis.--The Associate Administrator 
        shall award grants under the program on a competitive 
        basis.
          (5) Federal share.--The Federal share of the cost of 
        a trade expansion program carried out using a grant 
        under the program shall be--
                  (A) for a State that has a high trade volume, 
                as determined by the Associate Administrator, 
                not more than 65 percent; and
                  (B) for a State that does not have a high 
                trade volume, as determined by the Associate 
                Administrator, not more than 75 percent.
          (6) Non-federal share.--The non-Federal share of the 
        cost of a trade expansion program carried out using a 
        grant under the program shall be comprised of not less 
        than 50 percent cash and not more than 50 percent of 
        indirect costs and in-kind contributions, except that 
        no such costs or contributions may be derived from 
        funds from any other Federal program.
          (7) Reports.--
                  (A) Initial report.--Not later than 120 days 
                after the date of enactment of this subsection, 
                the Associate Administrator shall submit to the 
                Committee on Small Business and 
                Entrepreneurship of the Senate and the 
                Committee on Small Business of the House of 
                Representatives a report, which shall include--
                          (i) a description of the structure of 
                        and procedures for the program;
                          (ii) a management plan for the 
                        program; and
                          (iii) a description of the merit-
                        based review process to be used in the 
                        program.
                  (B) Annual reports.--
                          (i) In general.--The Associate 
                        Administrator shall publish on the 
                        website of the Administration an annual 
                        report regarding the program, which 
                        shall include--
                                  (I) the number and amount of 
                                grants made under the program 
                                during the preceding year;
                                  (II) a list of the States 
                                receiving a grant under the 
                                program during the preceding 
                                year, including the activities 
                                being performed with each 
                                grant;
                                  (III) the effect of each 
                                grant on the eligible small 
                                business concerns in the State 
                                receiving the grant;
                                  (IV) the total return on 
                                investment for each State; and
                                  (V) a description of best 
                                practices by States that showed 
                                high returns on investment and 
                                significant progress in helping 
                                more eligible small business 
                                concerns.
                          (ii) Notice to congress.--On the date 
                        on which the Associate Administrator 
                        publishes a report under clause (i), 
                        the Associate Administrator shall 
                        notify the Committee on Small Business 
                        and Entrepreneurship of the Senate and 
                        the Committee on Small Business of the 
                        House of Representatives that the 
                        report has been published.
          (8) Reviews by inspector general.--
                  (A) In general.--The Inspector General of the 
                Administration shall conduct a review of--
                          (i) the extent to which recipients of 
                        grants under the program are measuring 
                        the performance of the activities being 
                        conducted and the results of the 
                        measurements; and
                          (ii) the overall management and 
                        effectiveness of the program.
                  (B) Reports.--
                          (i) Pilot program.--Not later than 6 
                        months after the date of enactment of 
                        this subsection, the Inspector General 
                        of the Administration shall submit to 
                        the Committee on Small Business and 
                        Entrepreneurship of the Senate and the 
                        Committee on Small Business of the 
                        House of Representatives a report 
                        regarding the use of amounts made 
                        available under the State Trade and 
                        Export Promotion Grant Program under 
                        section 1207 of the Small Business Jobs 
                        Act of 2010 (15 U.S.C. 649b note).
                          (ii) New step program.--Not later 
                        than 18 months after the date on which 
                        the first grant is awarded under this 
                        subsection, the Inspector General of 
                        the Administration shall submit to the 
                        Committee on Small Business and 
                        Entrepreneurship of the Senate and the 
                        Committee on Small Business of the 
                        House of Representatives a report 
                        regarding the review conducted under 
                        subparagraph (A).
          (9) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out the program 
        $30,000,000 for each of fiscal years 2016 through 2020.
  (m) Definitions.--In this section--
          (1) the term ``Associate Administrator'' means the 
        Associate Administrator for International Trade 
        described in subsection (a)(2);
          (2) the term ``Export Assistance Center'' means a 
        one-stop shop for United States exporters established 
        by the United States and Foreign Commercial Service of 
        the Department of Commerce pursuant to section 
        2301(b)(8) of the Omnibus Trade and Competitiveness Act 
        of 1988 (15 U.S.C. 4721(b)(8));
          (3) the term ``export finance specialist'' means a 
        full-time equivalent employee of the Office assigned to 
        an Export Assistance Center to carry out the duties 
        described in subsection (e); and
          (4) the term ``Office'' means the Office of 
        International Trade established under subsection 
        (a)(1).

           *       *       *       *       *       *       *

SEC. 29. WOMEN'S BUSINESS CENTER PROGRAM.

  (a) Definitions.--In this section--
          (1) the term ``Assistant Administrator'' means the 
        Assistant Administrator of the Office of Women's 
        Business Ownership established under subsection (g);
          (2) the term ``eligible entity'' means--
                  (A) an organization described in section 
                501(c) of the Internal Revenue Code of 1986 and 
                exempt from taxation under section 501(a) of 
                such Code;
                  (B) a State, regional, or local economic 
                development organization, so long as the 
                organization certifies that grant funds 
                received under this section will not be co-
                mingled with other funds;
                  (C) an institution of higher education, 
                unless such institution is currently receiving 
                a grant under section 21;
                  (D) a development, credit, or finance 
                corporation chartered by a State, so long as 
                the corporation certifies that grant funds 
                received under this section will not be co-
                mingled with other funds; or
                  (E) any combination of entities listed in 
                subparagraphs (A) through (D);
          [(2)] (3) the term ``private nonprofit organization'' 
        means an entity that is described in section 501(c) of 
        the Internal Revenue Code of 1986 and exempt from 
        taxation under section 501(a) of such Code;
          [(3)] (4) the term ``small business concern owned and 
        controlled by women'', either startup or existing, 
        includes any small business concern--
                  (A) that is not less than 51 percent owned by 
                1 or more women; and
                  (B) the management and daily business 
                operations of which are controlled by 1 or more 
                women; and
          [(4) the term ``women's business center site'' means 
        the location of--
                  [(A) a women's business center; or
                  [(B) 1 or more women's business centers, 
                established in conjunction with another women's 
                business center in another location within a 
                State or region--
                          [(i) that reach a distinct population 
                        that would otherwise not be served;
                          [(ii) whose services are targeted to 
                        women; and
                          [(iii) whose scope, function, and 
                        activities are similar to those of the 
                        primary women's business center or 
                        centers in conjunction with which it 
                        was established.]
          (5) the term ``women's business center'' means the 
        location at which counseling and training on the 
        management, operations (including manufacturing, 
        services, and retail), access to capital, international 
        trade, Government procurement opportunities, and any 
        other matter is needed to start, maintain, or expand a 
        small business concern owned and controlled by women.
  (b) Authority.--[The Administration may provide financial 
assistance to private nonprofit organizations to conduct 5-year 
projects]
          (1) In general._There is established a Women's 
        Business Center Program under which the Administrator 
        may provide a grant to any eligible entity to operate 
        one or more women's business centers for the benefit of 
        small business concerns owned and controlled by women. 
        [The projects shall]
          (2) Use of funds._The women's business centers shall 
        be designed to provide counseling and training that 
        meets the needs of women, especially socially or 
        economically disadvantaged women, and shall provide--
                  [(1)] (A) financial assistance, including 
                training and counseling in how to apply for and 
                secure business credit and investment capital, 
                preparing and presenting financial statements, 
                and managing cash flow and other financial 
                operations of a business concern;
                  [(2)] (B) management assistance, including 
                training and counseling in how to plan, 
                organize, staff, direct, and control each major 
                activity and function of a small business 
                concern; and
                  [(3)] (C) marketing assistance, including 
                training and counseling in identifying and 
                segmenting domestic and international market 
                opportunities, preparing and executing 
                marketing plans, developing pricing strategies, 
                locating contract opportunities, negotiating 
                contracts, and utilizing varying public 
                relations and advertising techniques.
          (3) Amount of grants.--
                  (A) In general.--The amount of a grant 
                provided under this subsection to an eligible 
                entity per project year shall be not more than 
                $185,000 (as such amount is annually adjusted 
                by the Administrator to reflect the change in 
                inflation).
                  (B) Additional grants.--
                          (i) In general.--Notwithstanding 
                        subparagraph (A), with respect to an 
                        eligible entity that has received 
                        $185,000 in grants under this 
                        subsection in a project year, the 
                        Administrator may award an additional 
                        grant under this subsection of up to 
                        $65,000 during such project year if the 
                        Administrator determines that the 
                        eligible entity--
                                  (I) agrees to obtain, after 
                                its application has been 
                                approved and notice of award 
                                has been issued, cash 
                                contributions from non-Federal 
                                sources of 1 non-Federal dollar 
                                for each Federal dollar;
                                  (II) is in good standing with 
                                the Women's Business Center 
                                Program; and
                                  (III) has met performance 
                                goals for the previous project 
                                year, if applicable.
                          (ii) Limitations.--The Administrator 
                        may only award additional grants under 
                        clause (i)--
                                  (I) during the 3rd and 4th 
                                quarters of the fiscal year; 
                                and
                                  (II) from unobligated amounts 
                                made available to the 
                                Administrator to carry out this 
                                section.
          (4) Notice and comment required.--The Administrator 
        may only make a change to the standards by which an 
        eligible entity obtains or maintains grants under this 
        section, the standards for accreditation, or any other 
        requirement for the operation of a women's business 
        center if the Administrator first provides notice and 
        the opportunity for public comment, as set forth in 
        section 553(b) of title 5, United States Code, without 
        regard to any exceptions provided for under such 
        section.
  (c) Conditions of Participation.--
          (1) Non-federal contributions.--[As a condition] 
        Subject to paragraph (6), as a condition of receiving 
        [financial assistance] a grant authorized by this 
        section, [the recipient organization] an eligible 
        entity shall agree to obtain, after its application has 
        been approved and notice of award has been issued, cash 
        contributions from non-Federal sources as follows:
                  (A) in the first and second years, 1 non-
                Federal dollar for each 2 Federal dollars; and
                  (B) in the third, fourth, and fifth years, 1 
                non-Federal dollar for each Federal dollar.
          (2) Form of non-federal contributions.--Not more than 
        one-half of the non-Federal sector matching assistance 
        may be in the form of in-kind contributions that are 
        budget line items only, including office equipment and 
        office space.
          (3) Form of federal contributions.--The [financial 
        assistance authorized pursuant to this section may be 
        made by grant, contract, or cooperative agreement and] 
        grants authorized pursuant to this section may contain 
        such provision, as necessary, to provide for payments 
        in lump sum or installments, and in advance or by way 
        of reimbursement. The Administration may disburse up to 
        25 percent of each year's Federal share awarded to [a 
        recipient organization] an eligible entity after notice 
        of the award has been issued and before the non-Federal 
        sector matching funds are obtained.
          (4) Failure to obtain non-federal funding.--If any 
        [recipient of assistance] eligible entity fails to 
        obtain the required non-Federal contribution [during 
        any project, it shall not be eligible thereafter] 
        during any project for 2 consecutive years, the 
        eligible entity shall not be eligible at any time after 
        that 2-year period for advance disbursements pursuant 
        to paragraph (3) during the remainder of that project, 
        or for any other project for which it is or may be 
        funded by the Administration, and prior to approving 
        assistance to [such organization] the eligible entity 
        for any other projects, the Administration shall 
        specifically determine whether the Administration 
        believes that [the recipient] the eligible entity will 
        be able to obtain the requisite non-Federal funding and 
        enter a written finding setting forth the reasons for 
        making such determination.
          (5) Separation of project and funds.--An eligible 
        entity shall--
                  (A) carry out a project under this section 
                separately from other projects, if any, of the 
                eligible entity; and
                  (B) separately maintain and account for any 
                grants under this section.
          (6) Examination of eligible entities.--
                  (A) Required site visit.--Each applicant, 
                prior to receiving a grant under this section, 
                shall have a site visit by an employee of the 
                Administration, in order to ensure that the 
                applicant has sufficient resources to provide 
                the services for which the grant is being 
                provided.
                  (B) Annual review.--An employee of the 
                Administration shall--
                          (i) conduct an annual review of the 
                        compliance of each eligible entity 
                        receiving a grant under this section 
                        with the grant agreement, including a 
                        financial examination; and
                          (ii) provide such review to the 
                        eligible entity as required under 
                        subsection (l).
          (7) Remediation of problems.--
                  (A) Plan of action.--If a review of an 
                eligible entity under paragraph (6)(B) 
                identifies any problems, the eligible entity 
                shall, within 45 calendar days of receiving 
                such review, provide the Assistant 
                Administrator with a plan of action, including 
                specific milestones, for correcting such 
                problems.
                  (B) Plan of action review by the assistant 
                administrator.--The Assistant Administrator 
                shall review each plan of action submitted 
                under subparagraph (A) within 30 calendar days 
                of receiving such plan and--
                          (i) if the Assistant Administrator 
                        determines that such plan will bring 
                        the eligible entity into compliance 
                        with all the terms of the grant 
                        agreement, approve such plan;
                          (ii) if the Assistant Administrator 
                        determines that such plan is inadequate 
                        to remedy the problems identified in 
                        the annual review to which the plan of 
                        action relates, the Assistant 
                        Administrator shall set forth such 
                        reasons in writing and provide such 
                        determination to the eligible entity 
                        within 15 calendar days of such 
                        determination.
                  (C) Amendment to plan of action.--An eligible 
                entity receiving a determination under 
                subparagraph (B)(ii) shall have 30 calendar 
                days from the receipt of the determination to 
                amend the plan of action to satisfy the 
                problems identified by the Assistant 
                Administrator and resubmit such plan to the 
                Assistant Administrator.
                  (D) Amended plan review by the assistant 
                administrator.--Within 15 calendar days of the 
                receipt of an amended plan of action under 
                subparagraph (C), the Assistant Administrator 
                shall either approve or reject such plan and 
                provide such approval or rejection in writing 
                to the eligible entity.
                  (E) Appeal of assistant administrator 
                determination.--
                          (i) In general.--If the Assistant 
                        Administrator rejects an amended plan 
                        under subparagraph (D), the eligible 
                        entity shall have the opportunity to 
                        appeal such decision to the 
                        Administrator, who may delegate such 
                        appeal to an appropriate officer of the 
                        Administration.
                          (ii) Opportunity for explanation.--
                        Any appeal described under clause (i) 
                        shall provide an opportunity for the 
                        eligible entity to provide, in writing, 
                        an explanation of why the eligible 
                        entity's plan remedies the problems 
                        identified in the annual review.
                          (iii) Notice of determination.--The 
                        determination of the appeal shall be 
                        provided to the eligible entity, in 
                        writing, within 15 calendar days from 
                        the eligible entity's filing of the 
                        appeal.
                          (iv) Effect of failure to act.--If 
                        the Administrator fails to act on an 
                        appeal made under this subparagraph 
                        within the 15 calendar day period 
                        specified under clause (iii), the 
                        eligible entity's amended plan of 
                        action submitted under subparagraph (C) 
                        shall be deemed to be approved.
          (8) Termination of grant.--
                  (A) In general.--The Administrator shall 
                issue regulations (after providing an 
                opportunity for notice and comment) to provide 
                that, if an eligible entity fails to comply 
                with a plan of action approved by the Assistant 
                Administrator under paragraph (7)(B)(i) or an 
                amended plan of action approved by the 
                Assistant Administrator under paragraph (7)(D) 
                or approved on appeal under paragraph (7)(E), 
                the Assistant Administrator shall terminate the 
                grant provided to the eligible entity under 
                this section.
                  (B) Appeal of termination.--An eligible 
                entity that has a grant terminated under 
                subparagraph (A) shall have the opportunity to 
                challenge the termination on the record and 
                after an opportunity for a hearing.
                  (C) Final agency action.--The determination 
                made pursuant to subparagraph (B) shall be 
                considered final agency action for the purposes 
                of chapter 7, title 5, United States Code.
          (9) Waiver of non-federal share.--
                  (A) In general.--Upon request by an eligible 
                entity, and in accordance with this paragraph, 
                the Administrator may waive, in whole or in 
                part, the requirement to obtain non-Federal 
                funds under this subsection for counseling and 
                training activities of the eligible entity 
                carried out using a grant under this section 
                for a fiscal year. The Administrator may not 
                waive the requirement for an eligible entity to 
                obtain non-Federal funds under this paragraph 
                for more than a total of 2 consecutive fiscal 
                years.
                  (B) Considerations.--In determining whether 
                to waive the requirement to obtain non-Federal 
                funds under this paragraph, the Administrator 
                shall consider--
                          (i) the economic conditions affecting 
                        the eligible entity;
                          (ii) the impact a waiver under this 
                        paragraph would have on the credibility 
                        of the Women's Business Center Program 
                        under this section;
                          (iii) the demonstrated ability of the 
                        eligible entity to raise non-Federal 
                        funds; and
                          (iv) the performance of the eligible 
                        entity.
                  (C) Limitation.--The Administrator may not 
                waive the requirement to obtain non-Federal 
                funds under this paragraph if granting the 
                waiver would undermine the credibility of the 
                Women's Business Center Program.
          (10) Solicitation.--Notwithstanding any other 
        provision of law, eligible entity may--
                  (A) solicit cash and in-kind contributions 
                from private individuals and entities to be 
                used to carry out the activities of the 
                eligible entity under the project conducted 
                under this section; and
                  (B) use amounts made available by the 
                Administrator under this section for the cost 
                of such solicitation and management of the 
                contributions received.
          (11) Excess non-federal dollars.--The amount of non-
        Federal dollars obtained by an eligible entity that is 
        above the amount that is required to be obtained by the 
        eligible entity under this subsection shall not be 
        subject to the requirements of part 200 of title 2, 
        Code of Federal Regulations, or any successor thereto, 
        if such amount of non-Federal dollars--
                  (A) is not used as matching funds for 
                purposes of implementing the Women's Business 
                Center Program; and
                  (B) was not obtained using funds from the 
                Women's Business Center Program.
  (d) Contract Authority.--A women's business center may enter 
into a contract with a Federal department or agency to provide 
specific assistance to women and other underserved small 
business concerns. Performance of such contract should not 
hinder the women's business centers in carrying out the terms 
of the grant received by the women's business centers from the 
Administration.
  (e) Submission of 5-Year Plan.--Each [applicant organization] 
eligible entity initially shall submit a 5-year plan to the 
Administration on proposed fundraising and training activities, 
and [a recipient organization] an eligible entity may receive 
[financial assistance] grants under this program for a maximum 
of 5 years per women's business center [site].
  [(f) Criteria.--The Administration shall evaluate and rank 
applicants in accordance with predetermined selection criteria 
that shall be stated in terms of relative importance. Such 
criteria and their relative importance shall be made publicly 
available and stated in each solicitation for applications made 
by the Administration. The criteria shall include--
          [(1) the experience of the applicant in conducting 
        programs or ongoing efforts designed to impart or 
        upgrade the business skills of women business owners or 
        potential owners;
          [(2) the present ability of the applicant to commence 
        a project within a minimum amount of time;
          [(3) the ability of the applicant to provide training 
        and services to a representative number of women who 
        are both socially and economically disadvantaged; and
          [(4) the location for the women's business center 
        site proposed by the applicant.]
  (f) Applications and Criteria for Initial Grant.--
          (1) Application.--Each eligible entity desiring a 
        grant under subsection (b) shall submit to the 
        Administrator an application that contains--
                  (A) a certification that the eligible 
                entity--
                          (i) has designated an executive 
                        director or program manager, who may be 
                        compensated using grant funds under 
                        subsection (b) or other sources, to 
                        manage the women's business center for 
                        which a grant under subsection (b) is 
                        sought;
                          (ii) meets the accounting and 
                        reporting requirements established by 
                        the Director of the Office of 
                        Management and Budget;
                  (B) information demonstrating that the 
                eligible entity has the ability and resources 
                to meet the needs of the market to be served by 
                the women's business center, including the 
                ability to obtain the non-Federal contribution 
                required under subsection (c);
                  (C) information relating to the assistance to 
                be provided by the women's business center in 
                the area in which the women's business center 
                is located;
                  (D) information demonstrating the experience 
                and effectiveness of the eligible entity in--
                          (i) conducting the services described 
                        under subsection (a)(5);
                          (ii) providing training and services 
                        to a representative number of women who 
                        are socially or economically 
                        disadvantaged; and
                          (iii) working with resource partners 
                        of the Administration and other 
                        entities, such as universities; and
                  (E) a 5-year plan that describes the ability 
                of the eligible entity to provide the services 
                described under subsection (a)(3), including to 
                a representative number of women who are 
                socially or economically disadvantaged.
          (2) Review and approval of applications for initial 
        grants.--
                  (A) Review and selection of eligible 
                entities.--
                          (i) In general.--The Administrator 
                        shall review applications to determine 
                        whether the applicant can meet 
                        obligations to perform the activities 
                        required by a grant under this section, 
                        including--
                                  (I) the experience of the 
                                applicant in conducting 
                                activities required by this 
                                section;
                                  (II) the amount of time 
                                needed for the applicant to 
                                commence operations should it 
                                be awarded a grant;
                                  (III) the capacity of the 
                                applicant to meet the 
                                accreditation standards 
                                established by the 
                                Administrator in a timely 
                                manner;
                                  (IV) the ability of the 
                                applicant to sustain operations 
                                for more than 5 years 
                                (including its ability to 
                                obtain sufficient non-Federal 
                                funds for that period);
                                  (V) the location of the 
                                women's business center and its 
                                proximity to other grant 
                                recipients under this section; 
                                and
                                  (VI) the population density 
                                of the area to be served by the 
                                women's business center.
                          (ii) Selection criteria.--
                                  (I) Rulemaking.--The 
                                Administrator shall issue 
                                regulations (after providing an 
                                opportunity for notice and 
                                comment) to specify the 
                                criteria for review and 
                                selection of applicants under 
                                this subsection.
                                  (II) Modifications prohibited 
                                after announcement.--With 
                                respect to a public 
                                announcement of any opportunity 
                                to be awarded a grant under 
                                this section made by the 
                                Administrator pursuant to 
                                subsection (l)(1), the 
                                Administrator may not modify 
                                regulations issued pursuant to 
                                subclause (I) with respect to 
                                such opportunity unless 
                                required to do so by an Act of 
                                Congress or an order of a 
                                Federal court.
                                  (III) Rule of construction.--
                                Nothing in this clause may be 
                                construed as prohibiting the 
                                Administrator from modifying 
                                the regulations issued pursuant 
                                to subclause (I) (after 
                                providing an opportunity for 
                                notice and comment) as such 
                                regulations apply to an 
                                opportunity to be awarded a 
                                grant under this section that 
                                the Administrator has not yet 
                                publicly announced pursuant to 
                                subsection (l)(1).
                  (B) Record retention.--
                          (i) In general.--The Administrator 
                        shall maintain a copy of each 
                        application submitted under this 
                        subsection for not less than 5 years.
                          (ii) Paperwork reduction.--The 
                        Administrator shall take steps to 
                        reduce, to the maximum extent 
                        practicable, the paperwork burden 
                        associated with carrying out clause 
                        (i).
  (g) Office of Women's Business Ownership.--
          (1) Establishment.--There is established within the 
        Administration an Office of Women's Business Ownership, 
        which shall be responsible for the administration of 
        the Administration's programs for the development of 
        women's business enterprises (as defined in section 408 
        of the Women's Business Ownership Act of 1988 (15 
        U.S.C. 631 note)). The Office of Women's Business 
        Ownership shall be administered by an Assistant 
        Administrator, who shall be appointed by the 
        Administrator.
          (2) Assistant administrator of the office of women's 
        business ownership.--
                  (A) Qualification.--The position of Assistant 
                Administrator shall be a Senior Executive 
                Service position under section 3132(a)(2) of 
                title 5, United States Code. The Assistant 
                Administrator shall serve as a noncareer 
                appointee (as defined in section 3132(a)(7) of 
                that title).
                  [(B) Responsibilities and duties.--
                          [(i) Responsibilities.--The 
                        responsibilities of the Assistant 
                        Administrator shall be to administer 
                        the programs and services of the Office 
                        of Women's Business Ownership 
                        established to assist women 
                        entrepreneurs in the areas of--
                                  [(I) starting and operating a 
                                small business;
                                  [(II) development of 
                                management and technical 
                                skills;
                                  [(III) seeking Federal 
                                procurement opportunities; and
                                  [(IV) increasing the 
                                opportunity for access to 
                                capital.
                          [(ii) Duties.--The Assistant 
                        Administrator shall--
                                  [(I) administer and manage 
                                the Women's Business Center 
                                program;
                                  [(II) recommend the annual 
                                administrative and program 
                                budgets for the Office of 
                                Women's Business Ownership 
                                (including the budget for the 
                                Women's Business Center 
                                program);
                                  [(III) establish appropriate 
                                funding levels therefore;
                                  [(IV) review the annual 
                                budgets submitted by each 
                                applicant for the Women's 
                                Business Center program;
                                  [(V) select applicants to 
                                participate in the program 
                                under this section;
                                  [(VI) implement this section;
                                  [(VII) maintain a 
                                clearinghouse to provide for 
                                the dissemination and exchange 
                                of information between women's 
                                business centers;
                                  [(VIII) serve as the vice 
                                chairperson of the Interagency 
                                Committee on Women's Business 
                                Enterprise;
                                  [(IX) serve as liaison for 
                                the National Women's Business 
                                Council; and
                                  [(X) advise the Administrator 
                                on appointments to the Women's 
                                Business Council.
                  [(C) Consultation requirements.--In carrying 
                out the responsibilities and duties described 
                in this paragraph, the Assistant Administrator 
                shall confer with and seek the advice of the 
                Administration officials in areas served by the 
                women's business centers.]
                  (B) Responsibilities.--The responsibilities 
                of the Assistant Administrator shall be to 
                administer the programs and services of the 
                Office of Women's Business Ownership.
                  (C) Duties.--The Assistant Administrator 
                shall perform the following functions with 
                respect to the Office of Women's Business 
                Ownership:
                          (i) Recommend the annual 
                        administrative and program budgets of 
                        the Office and eligible entities 
                        receiving a grant under the Women's 
                        Business Center Program.
                          (ii) Review the annual budgets 
                        submitted by each eligible entity 
                        receiving a grant under the Women's 
                        Business Center Program.
                          (iii) Select applicants to receive 
                        grants to operate a women's business 
                        center after reviewing information 
                        required by this section, including the 
                        budget of each applicant.
                          (iv) Collaborate with other Federal 
                        departments and agencies, State and 
                        local governments, not-for-profit 
                        organizations, and for-profit 
                        enterprises to maximize utilization of 
                        taxpayer dollars and reduce (or 
                        eliminate) any duplication among the 
                        programs overseen by the Office of 
                        Women's Business Ownership and those of 
                        other entities that provide similar 
                        services to women entrepreneurs.
                          (v) Maintain a clearinghouse to 
                        provide for the dissemination and 
                        exchange of information between women's 
                        business centers.
                          (vi) Serve as the vice chairperson of 
                        the Interagency Committee on Women's 
                        Business Enterprise and as the liaison 
                        for the National Women's Business 
                        Council.
          (3) Mission.--The mission of the Office of Women's 
        Business Ownership shall be to assist women 
        entrepreneurs to start, grow, and compete in global 
        markets by providing quality support with access to 
        capital, access to markets, job creation, growth, and 
        counseling by--
                  (A) fostering participation of women 
                entrepreneurs in the economy by overseeing a 
                network of women's business centers throughout 
                States and territories;
                  (B) creating public-private partnerships to 
                support women entrepreneurs and conduct 
                outreach and education to startup and existing 
                small business concerns owned and controlled by 
                women; and
                  (C) working with other programs overseen by 
                the Administrator to ensure women are well-
                represented and being served and to identify 
                gaps where participation by women could be 
                increased.
          (4) Accreditation program.--
                  (A) Establishment.--Not later than 270 days 
                after the date of enactment of this paragraph, 
                the Administrator shall establish standards for 
                an accreditation program for accrediting 
                eligible entities receiving a grant under this 
                section, after notice and the opportunity for 
                public comment of no less than 60 days.
                  (B) Transition provision.--Before the date on 
                which standards are established under 
                subparagraph (A), the Administrator may not 
                terminate a grant under this section absent 
                evidence of fraud or other criminal misconduct 
                by the recipient.
                  (C) Contracting authority.--The Administrator 
                may provide financial assistance, by contract 
                or otherwise, to a relevant national women's 
                business center representative association to 
                provide assistance in establishing the 
                standards required under subparagraph (A) or 
                for carrying out an accreditation program 
                pursuant to such standards.
  (h) Program Examination.--
          (1) In general.--The Administration shall--
                  (A) develop and implement an annual 
                programmatic and financial examination of each 
                women's business center established pursuant to 
                this section, pursuant to which each such 
                center shall provide to the Administration--
                          (i) an itemized cost breakdown of 
                        actual expenditures for costs incurred 
                        during the preceding year; and
                          (ii) documentation regarding the 
                        amount of matching assistance from non-
                        Federal sources obtained and expended 
                        by the center during the preceding year 
                        in order to meet the requirements of 
                        subsection (c) and, with respect to any 
                        in-kind contributions described in 
                        subsection (c)(2) that were used to 
                        satisfy the requirements of subsection 
                        (c), verification of the existence and 
                        valuation of those contributions; and
                  (B) analyze the results of each such 
                examination and, based on that analysis, make a 
                determination regarding the programmatic and 
                financial viability of each women's business 
                center.
          (2) Conditions for continued funding.--In determining 
        whether [to award a contract (as a sustainability 
        grant) under subsection (l) or] to renew a contract 
        (either as a grant or cooperative agreement) under this 
        section with a women's business center, the 
        Administration--
                  (A) shall consider the results of the most 
                recent examination of the center under 
                paragraph (1); and
                  (B) may withhold such award or renewal, if 
                the Administration determines that--
                          (i) the center has failed to provide 
                        any information required to be provided 
                        under clause (i) or (ii) of paragraph 
                        (1)(A), or the information provided by 
                        the center is inadequate; or
                          (ii) the center has failed to provide 
                        any information required to be provided 
                        by the center for purposes of the 
                        report of the Administration under 
                        subsection (j), or the information 
                        provided by the center is inadequate.
  (i) Contract Authority.--The authority of the Administrator 
to enter into contracts shall be in effect for each fiscal year 
only to the extent and in the amounts as are provided in 
advance in appropriations Acts. After the Administrator has 
entered into a contract, either as a grant or a cooperative 
agreement, with any applicant under this section, it shall not 
suspend, terminate, or fail to renew or extend any such 
contract unless the Administrator provides the applicant with 
written notification setting forth the reasons therefore and 
affords the applicant an opportunity for a hearing, appeal, or 
other administrative proceeding under chapter 5 of title 5, 
United States Code.
  (j) Management Report.--
          (1) In general.--[The Administration] Not later than 
        November 1 of each year, the Administrator shall 
        prepare and submit to the Committees on Small Business 
        of the House of Representatives and the Senate a report 
        on the effectiveness of all projects conducted under 
        this section.
          (2) Contents.--Each report submitted under paragraph 
        (1) shall include information concerning, with respect 
        to each women's business center established pursuant to 
        this section--
                  (A) the number of individuals receiving 
                assistance;
                  (B) the number of startup business concerns 
                formed;
                  (C) the gross receipts of assisted concerns;
                  (D) the employment increases or decreases of 
                assisted concerns;
                  (E) to the maximum extent practicable, 
                increases or decreases in profits of assisted 
                concerns; and
                  (F) the most recent analysis, as required 
                under subsection (h)(1)(B), and the subsequent 
                determination made by the Administration under 
                that subsection.
  (k) Authorization of Appropriations.--
          [(1) In general.--There is authorized to be 
        appropriated, to remain available until the expiration 
        of the pilot program under subsection (l)--
                  [(A) $12,000,000 for fiscal year 2000;
                  [(B) $12,800,000 for fiscal year 2001;
                  [(C) $13,700,000 for fiscal year 2002; and
                  [(D) $14,500,000 for fiscal year 2003.]
          (1) In general.--There are authorized to be 
        appropriated to the Administration to carry out this 
        section, to remain available until expended, 
        $21,750,000 for each of fiscal years 2017 through 2020.
          (2) Use of amounts.--
                  (A) In general.--Except as provided in 
                subparagraph (B), amounts made available under 
                this subsection for fiscal year 1999, and each 
                fiscal year thereafter, 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.
                  [(B) Exceptions.--Of the amount made 
                available under this subsection for a fiscal 
                year, the following amounts shall be available 
                for selection panel costs, post-award 
                conference costs, and costs related to 
                monitoring and oversight:
                          [(i) For fiscal year 2000, 2 percent.
                          [(ii) For fiscal year 2001, 1.9 
                        percent.
                          [(iii) For fiscal year 2002, 1.9 
                        percent.
                          [(iv) For fiscal year 2003, 1.6 
                        percent.]
                  (B) Exceptions.--Of the amount made available 
                under this subsection for a fiscal year, the 
                following amounts shall be available for 
                selection panel costs, costs associated with 
                maintaining an accreditation program, and post-
                award conference costs:
                          (i) For the first fiscal year 
                        beginning after the date of the 
                        enactment of this subparagraph, 2.65 
                        percent.
                          (ii) For the second fiscal year 
                        beginning after the date of the 
                        enactment of this subparagraph and each 
                        fiscal year thereafter through fiscal 
                        year 2020, 2.5 percent.
          (3) Expedited acquisition.--Notwithstanding any other 
        provision of law, the Administrator, acting through the 
        Assistant Administrator, may use such expedited 
        acquisition methods as the Administrator determines to 
        be appropriate to carry out this section, except that 
        the Administrator shall ensure that all small business 
        sources are provided a reasonable opportunity to submit 
        proposals.
          [(4) Reservation of funds for sustainability pilot 
        program.--
                  [(A) In general.--Subject to subparagraph 
                (B), of the total amount made available under 
                this subsection for a fiscal year, the 
                following amounts shall be reserved for 
                sustainability grants under subsection (l):
                          [(i) For fiscal year 2000, 17 
                        percent.
                          [(ii) For fiscal year 2001, 18.8 
                        percent.
                          [(iii) For fiscal year 2002, 30.2 
                        percent.
                          [(iv) For fiscal year 2003, 30.2 
                        percent.
                  [(B) Use of unawarded funds for 
                sustainability pilot program grants.--If the 
                amount reserved under subparagraph (A) for any 
                fiscal year is not fully awarded to private 
                nonprofit organizations described in subsection 
                (l)(1)(B), the Administration is authorized to 
                use the unawarded amount to fund additional 
                women's business center sites or to increase 
                funding of existing women's business center 
                sites under subsection (b).]
  (l) Notification Requirements Under the Women's Business 
Center Program.--The Administrator shall provide--
          (1) a public announcement of any opportunity to be 
        awarded grants under this section, and such 
        announcement shall include the standards by which such 
        award will be made, including the regulations issued 
        pursuant to subsection (f)(2)(A)(ii);
          (2) the opportunity for any applicant for a grant 
        under this section that failed to obtain such a grant a 
        debriefing with the Assistant Administrator to review 
        the reasons for the applicant's failure; and
          (3) with respect to any site visit or evaluation of 
        an eligible entity receiving a grant under this section 
        that is carried out by an officer or employee of the 
        Administration (other than the Inspector General), a 
        copy of the site visit report or evaluation, as 
        applicable, within 30 calendar days of the completion 
        of such vision or evaluation.
  (m) Continued Funding for Centers.--
          (1) In general.--A nonprofit organization described 
        in paragraph (2) shall be eligible to receive, subject 
        to paragraph (3), a 3-year grant under this subsection.
          (2) Applicability.--A nonprofit organization 
        described in this paragraph is a nonprofit organization 
        that has received funding under [subsection (b) or (l)] 
        this subsection or subsection (b).
          [(3) Application and approval criteria.--
                  [(A) Criteria.--Subject to subparagraph (B), 
                the Administrator shall develop and publish 
                criteria for the consideration and approval of 
                applications by nonprofit organizations under 
                this subsection.
                  [(B) Contents.--Except as otherwise provided 
                in this subsection, the conditions for 
                participation in the grant program under this 
                subsection shall be the same as the conditions 
                for participation in the program under 
                subsection (l), as in effect on the date of 
                enactment of this Act.
                  [(C) Notification.--Not later than 60 days 
                after the date of the deadline to submit 
                applications for each fiscal year, the 
                Administrator shall approve or deny any 
                application under this subsection and notify 
                the applicant for each such application.]
          (3) Application and approval for continuation 
        grants.--
                  (A) Solicitation of applications.--The 
                Administrator shall solicit applications and 
                award continuation grants under this subsection 
                for the first fiscal year beginning after the 
                date of enactment of this paragraph, and every 
                third fiscal year thereafter.
                  (B) Contents of application.--Each eligible 
                entity desiring a grant under this subsection 
                shall submit to the Administrator an 
                application that contains--
                          (i) a certification that the 
                        applicant--
                                  (I) is an eligible entity;
                                  (II) has designated an 
                                executive director or program 
                                manager to manage the women's 
                                business center operated by the 
                                applicant; and
                                  (III) as a condition of 
                                receiving a grant under this 
                                subsection, agrees--
                                          (aa) to receive a 
                                        site visit as part of 
                                        the final selection 
                                        process, at the 
                                        discretion of the 
                                        Administrator; and
                                          (bb) to remedy any 
                                        problem identified 
                                        pursuant to the site 
                                        visit under item (aa);
                          (ii) information demonstrating that 
                        the applicant has the ability and 
                        resources to meet the needs of the 
                        market to be served by the women's 
                        business center for which a grant under 
                        this subsection is sought, including 
                        the ability to obtain the non-Federal 
                        contribution required under paragraph 
                        (4)(C);
                          (iii) information relating to 
                        assistance to be provided by the 
                        women's business center in the 
                        geographic area served by the women's 
                        business center for which a grant under 
                        this subsection is sought;
                          (iv) information demonstrating that 
                        the applicant has worked with resource 
                        partners of the Administration and 
                        other entities;
                          (v) a 3-year plan that describes the 
                        services provided by the women's 
                        business center for which a grant under 
                        this subsection is sought--
                                  (I) to serve women who are 
                                business owners or potential 
                                business owners by conducting 
                                training and counseling 
                                activities; and
                                  (II) to provide training and 
                                services to a representative 
                                number of women who are 
                                socially or economically 
                                disadvantaged; and
                          (vi) any additional information that 
                        the Administrator may reasonably 
                        require.
                  (C) Review and approval of applications for 
                grants.--
                          (i) In general.--The Administrator--
                                  (I) 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
                                  (II) as part of the final 
                                selection process, may, at the 
                                discretion of the 
                                Administrator, conduct a site 
                                visit to each women's business 
                                center for which a grant under 
                                this subsection is sought, in 
                                particular to evaluate the 
                                women's business center using 
                                the selection criteria 
                                described in clause (ii)(II).
                          (ii) Selection criteria.--
                                  (I) In general.--The 
                                Administrator shall evaluate 
                                applicants for grants under 
                                this subsection in accordance 
                                with selection criteria that 
                                are--
                                          (aa) established 
                                        before the date on 
                                        which applicants are 
                                        required to submit the 
                                        applications;
                                          (bb) stated in terms 
                                        of relative importance; 
                                        and
                                          (cc) publicly 
                                        available and stated in 
                                        each solicitation for 
                                        applications for grants 
                                        under this subsection 
                                        made by the 
                                        Administrator.
                                  (II) Required criteria.--The 
                                selection criteria for a grant 
                                under this subsection shall 
                                include--
                                          (aa) the total number 
                                        of entrepreneurs served 
                                        by the applicant;
                                          (bb) the total number 
                                        of new startup 
                                        companies assisted by 
                                        the applicant;
                                          (cc) the percentage 
                                        of clients of the 
                                        applicant that are 
                                        socially or 
                                        economically 
                                        disadvantaged;
                                          (dd) the percentage 
                                        of individuals in the 
                                        community served by the 
                                        applicant who are 
                                        socially or 
                                        economically 
                                        disadvantaged;
                                          (ee) the successful 
                                        accreditation of the 
                                        applicant under the 
                                        accreditation program 
                                        developed under 
                                        subsection (g)(5); and
                                          (ff) any additional 
                                        criteria that the 
                                        Administrator may 
                                        reasonably require.
                          (iii) Conditions for continued 
                        funding.--In determining whether to 
                        make a grant under this subsection, the 
                        Administrator--
                                  (I) shall consider the 
                                results of the most recent 
                                evaluation of the women's 
                                business center for which a 
                                grant under this subsection is 
                                sought, and, to a lesser 
                                extent, previous evaluations; 
                                and
                                  (II) may withhold a grant 
                                under this subsection, if the 
                                Administrator determines that 
                                the applicant has failed to 
                                provide the information 
                                required to be provided under 
                                this paragraph, or the 
                                information provided by the 
                                applicant is inadequate.
                  (D) Notification.--Not later than 60 calendar 
                days after the date of each deadline to submit 
                applications under this paragraph, the 
                Administrator shall approve or deny each 
                submitted application and notify the applicant 
                for each such application of the approval or 
                denial.
                  (E) Record retention.--
                          (i) In general.--The Administrator 
                        shall maintain a copy of each 
                        application submitted under this 
                        paragraph for not less than 5 years.
                          (ii) Paperwork reduction.--The 
                        Administrator shall take steps to 
                        reduce, to the maximum extent 
                        practicable, the paperwork burden 
                        associated with carrying out clause 
                        (i).
          (4) Award of grants.--
                  (A) In general.--Subject to the availability 
                of appropriations, the Administrator shall make 
                a grant for the Federal share of the cost of 
                activities described in the application to each 
                applicant approved under this subsection.
                  (B) Amount.--A grant under this subsection 
                shall be for not more than $150,000, for each 
                year of that grant.
                  (C) Federal share.--The Federal share under 
                this subsection shall be not more than 50 
                percent.
                  (D) Priority.--In allocating funds made 
                available for grants under this section, the 
                Administrator shall give applications under 
                this subsection [or subsection (l)] priority 
                over first-time applications under subsection 
                (b).
          [(5) Renewal.--
                  [(A) In general.--The Administrator may renew 
                a grant under this subsection for additional 3-
                year periods, if the nonprofit organization 
                submits an application for such renewal at such 
                time, in such manner, and accompanied by such 
                information as the Administrator may establish.
                  [(B) Unlimited renewals.--There shall be no 
                limitation on the number of times a grant may 
                be renewed under subparagraph (A).]
          (5) Award to previous recipients.--There shall be no 
        limitation on the number of times the Administrator may 
        award a grant to an applicant under this subsection.
  (n) Privacy Requirements.--
          (1) In general.--A women's business center may not 
        disclose the name, address, or telephone number of any 
        individual or small business concern receiving 
        assistance under this section without the consent of 
        such individual or small business concern, unless--
                  (A) the Administrator is ordered to make such 
                a disclosure by a court in any civil or 
                criminal enforcement action initiated by a 
                Federal or State agency; or
                  (B) the Administrator considers such a 
                disclosure to be necessary for the purpose of 
                conducting a financial audit of a women's 
                business center, but a disclosure under this 
                subparagraph shall be limited to the 
                information necessary for such audit.
          (2) Administration use of information.--This 
        subsection shall not--
                  (A) restrict Administration access to program 
                activity data; or
                  (B) prevent the Administration from using 
                client information (other than the information 
                described in subparagraph (A)) to conduct 
                client surveys.
          (3) Regulations.--The Administrator shall issue 
        regulations to establish standards for requiring 
        disclosures during a financial audit under paragraph 
        (1)(B).
  (o) Study and Report on Representation of Women.--
          (1) Study.--The Administrator shall periodically 
        conduct a study to identify industries, as defined 
        under the North American Industry Classification 
        System, underrepresented by small business concerns 
        owned and controlled by women.
          (2) Report.--Not later than 3 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.

           *       *       *       *       *       *       *

SEC. 48. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS.

  (a) Expanded Support for Entrepreneurs.--
          (1) In general.--Notwithstanding any other provision 
        of law, the Administrator shall only use the programs 
        authorized in sections 7(j), 7(m), 8(a), 8(b)(1), 21, 
        22, 29, and 32 of this Act, and sections 358 and 389 of 
        the Small Business Investment Act to deliver 
        entrepreneurial development services, entrepreneurial 
        education, support for the development and maintenance 
        of clusters, or business training.
          (2) Exception.--This section shall not apply to 
        services provided to assist small business concerns 
        owned by an Indian tribe (as such term is defined in 
        section 8(a)(13)).
  (b) Annual Report.--Beginning on the first December 1 after 
the date of enactment of this subsection, the Administrator 
shall annually report to the Committee on Small Business of the 
House of Representatives and the Committee on Small Business 
and Entrepreneurship of the Senate on all entrepreneurial 
development activities undertaken in the current fiscal year. 
This report shall include--
          (1) a description and operating details for each 
        program and activity;
          (2) operating circulars, manuals, and standard 
        operating procedures for each program and activity;
          (3) a description of the process used to award grants 
        under each program and activity;
          (4) a list of all awardees, contractors, and vendors 
        (including organization name and location) and the 
        amount of awards for the current fiscal year for each 
        program and activity;
          (5) the amount of funding obligated for the current 
        fiscal year for each program and activity; and
          (6) the names and titles for those individuals 
        responsible for each program and activity.

           *       *       *       *       *       *       *

                              ----------                              

    CHILDREN'S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT OF 2009

           *       *       *       *       *       *       *
TITLE VI--PROGRAM INTEGRITY AND OTHER MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *

                      Subtitle C--Other Provisions

SEC. 621. OUTREACH REGARDING HEALTH INSURANCE OPTIONS AVAILABLE TO 
                    CHILDREN.

  (a) Definitions.--In this section--
          (1) the terms ``Administration'' and 
        ``Administrator'' means the Small Business 
        Administration and the Administrator thereof, 
        respectively;
          (2) the term ``certified development company'' means 
        a development company participating in the program 
        under title V of the Small Business Investment Act of 
        1958 (15 U.S.C. 695 et seq.);
          (3) the term ``Medicaid program'' means the program 
        established under title XIX of the Social Security Act 
        (42 U.S.C. 1396 et seq.);
          [(4) the term ``Service Corps of Retired Executives'' 
        means the Service Corps of Retired Executives 
        authorized by section 8(b)(1) of the Small Business Act 
        (15 U.S.C. 637(b)(1));]
          (4) the term ``SCORE program'' means the SCORE 
        program authorized by section 8(b)(1)(B) of the Small 
        Business Act (15 U.S.C. 637(b)(1)(B));
          (5) the term ``small business concern'' has the 
        meaning given that term in section 3 of the Small 
        Business Act (15 U.S.C. 632);
          (6) the term ``small business development center'' 
        means a small business development center described in 
        section 21 of the Small Business Act (15 U.S.C. 648);
          (7) the term ``State'' has the meaning given that 
        term for purposes of title XXI of the Social Security 
        Act (42 U.S.C. 1397aa et seq.);
          (8) the term ``State Children's Health Insurance 
        Program'' means the State Children's Health Insurance 
        Program established under title XXI of the Social 
        Security Act (42 U.S.C. 1397aa et seq.);
          (9) the term ``task force'' means the task force 
        established under subsection (b)(1); and
          (10) the term ``women's business center'' means a 
        women's business center described in section 29 of the 
        Small Business Act (15 U.S.C. 656).
  (b) Establishment of Task Force.--
          (1) Establishment.--There is established a task force 
        to conduct a nationwide campaign of education and 
        outreach for small business concerns regarding the 
        availability of coverage for children through private 
        insurance options, the Medicaid program, and the State 
        Children's Health Insurance Program.
          (2) Membership.--The task force shall consist of the 
        Administrator, the Secretary of Health and Human 
        Services, the Secretary of Labor, and the Secretary of 
        the Treasury.
          (3) Responsibilities.--The campaign conducted under 
        this subsection shall include--
                  (A) efforts to educate the owners of small 
                business concerns about the value of health 
                coverage for children;
                  (B) information regarding options available 
                to the owners and employees of small business 
                concerns to make insurance more affordable, 
                including Federal and State tax deductions and 
                credits for health care-related expenses and 
                health insurance expenses and Federal tax 
                exclusion for health insurance options 
                available under employer- sponsored cafeteria 
                plans under section 125 of the Internal Revenue 
                Code of 1986;
                  (C) efforts to educate the owners of small 
                business concerns about assistance available 
                through public programs; and
                  (D) efforts to educate the owners and 
                employees of small business concerns regarding 
                the availability of the hotline operated as 
                part of the Insure Kids Now program of the 
                Department of Health and Human Services.
          (4) Implementation.--In carrying out this subsection, 
        the task force may--
                  (A) use any business partner of the 
                Administration, including--
                          (i) a small business development 
                        center;
                          (ii) a certified development company;
                          (iii) a women's business center; and
                          (iv) the [Service Corps of Retired 
                        Executives] SCORE program;
                  (B) enter into--
                          (i) a memorandum of understanding 
                        with a chamber of commerce; and
                          (ii) a partnership with any 
                        appropriate small business concern or 
                        health advocacy group; and
                  (C) designate outreach programs at regional 
                offices of the Department of Health and Human 
                Services to work with district offices of the 
                Administration.
          (5) Website.--The Administrator shall ensure that 
        links to information on the eligibility and enrollment 
        requirements for the Medicaid program and State 
        Children's Health Insurance Program of each State are 
        prominently displayed on the website of the 
        Administration.
          (6) Report.--
                  (A) In general.--Not later than 2 years after 
                the date of enactment of this Act, and every 2 
                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 status of the 
                nationwide campaign conducted under paragraph 
                (1).
                  (B) Contents.--Each report submitted under 
                subparagraph (A) shall include a status update 
                on all efforts made to educate owners and 
                employees of small business concerns on options 
                for providing health insurance for children 
                through public and private alternatives.

           *       *       *       *       *       *       *

                              ----------                              

                   ENERGY POLICY AND CONSERVATION ACT

           *       *       *       *       *       *       *
TITLE III--IMPROVING ENERGY EFFICIENCY

           *       *       *       *       *       *       *

 Part B--Energy Conservation Program for Consumer Products Other Than 
Automobiles

           *       *       *       *       *       *       *

                           Consumer Education

  Sec. 337. (a) In General.--The Secretary shall, in close 
cooperation and coordination with the Commission and 
appropriate industry trade associations and industry members, 
including retailers, and interested consumer and environmental 
organizations, carry out a program to educate consumers and 
other persons with respect to--
          (1) the significance of estimated annual operating 
        costs;
          (2) the way in which comparative shopping, including 
        comparisons of estimated annual operating costs, can 
        save energy for the Nation and money for consumers; and
          (3) such other matters as the Secretary determines 
        may encourage the conservation of energy in the use of 
        consumer products.
Such steps to educate consumers may include publications, 
audiovisual presentations, demonstrations, and the sponsorship 
of national and regional conferences involving manufacturers, 
distributors, retailers, and consumers, and State, local, and 
Federal Government representatives. Nothing in this section may 
be construed to require the compilation of lists which compare 
the estimated annual operating costs of consumer products by 
model or manufacturer's name.
  (b) State and Local Incentive Programs.--(1) The Secretary 
shall, not later than one year after the date of the enactment 
of this subsection, issue recommendations to the States for 
establishing State and local incentive programs designed to 
encourage the acceleration of voluntary replacement, by 
consumers, of existing showerheads, faucets, water closets, and 
urinals with those products that meet the standards established 
for such products pursuant to subsections (j) and (k) of 
section 325.
  (2) In developing such recommendations, the Secretary shall 
consult with the heads of other federal agencies, including the 
Administrator of the Environmental Protection Agency; State 
officials; manufacturers, suppliers, and installers of plumbing 
products; and other interested parties.
  (c) HVAC Maintenance.--(1) To ensure that installed air 
conditioning and heating systems operate at maximum rated 
efficiency levels, the Secretary shall, not later than 180 days 
after the date of enactment of this subsection, carry out a 
program to educate homeowners and small business owners 
concerning the energy savings from properly conducted 
maintenance of air conditioning, heating, and ventilating 
systems.
  (2) The Secretary shall carry out the program under paragraph 
(1), on a cost-shared basis, in cooperation with the 
Administrator of the Environmental Protection Agency and any 
other entities that the Secretary determines to be appropriate, 
including industry trade associations, industry members, and 
energy efficiency organizations.
  (d) Small Business Education and Assistance.--(1) The 
Administrator of the Small Business Administration, in 
consultation with the Secretary and the Administrator of the 
Environmental Protection Agency, shall develop and coordinate a 
Government-wide program, building on the Energy Star for Small 
Business Program, to assist small businesses in--
          (A) becoming more energy efficient;
          (B) understanding the cost savings from improved 
        energy efficiency;
          (C) understanding and accessing Federal procurement 
        opportunities with regard to Energy Star technologies 
        and products; and
          (D) identifying financing options for energy 
        efficiency upgrades.
  (2) The Secretary, the Administrator of the Environmental 
Protection Agency, and the Administrator of the Small Business 
Administration shall--
          (A) make program information available to small 
        business concerns directly through the district offices 
        and resource partners of the Small Business 
        Administration, including small business development 
        centers, women's business centers, and the [Service 
        Corps of Retired Executives (SCORE)] SCORE program, and 
        through other Federal agencies, including the Federal 
        Emergency Management Agency and the Department of 
        Agriculture; and
          (B) coordinate assistance with the Secretary of 
        Commerce for manufacturing-related efforts, including 
        the Manufacturing Extension Partnership Program.
  (3) The Secretary, on a cost shared basis in cooperation with 
the Administrator of the Environmental Protection Agency, shall 
provide to the Small Business Administration all advertising, 
marketing, and other written materials necessary for the 
dissemination of information under paragraph (2).
  (4) The Secretary, the Administrator of the Environmental 
Protection Agency, and the Administrator of the Small Business 
Administration, as part of the outreach to small business 
concerns under the Energy Star Program for Small Business 
Program, may enter into cooperative agreements with qualified 
resources partners (including the National Center for 
Appropriate Technology) to establish, maintain, and promote a 
Small Business Energy Clearinghouse (in this subsection 
referred to as the ``Clearinghouse'').
  (5) The Secretary, the Administrator of the Environmental 
Protection Agency, and the Administrator of the Small Business 
Administration shall ensure that the Clearinghouse provides a 
centralized resource where small business concerns may access, 
telephonically and electronically, technical information and 
advice to help increase energy efficiency and reduce energy 
costs.
  (6) There are authorized to be appropriated such sums as are 
necessary to carry out this subsection, to remain available 
until expended.

           *       *       *       *       *       *       *

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