II 

Calendar No. 93 

111TH CONGRESS 

1ST SESSION S. 1229 

[Report No. 111–36] 

To reauthorize and improve the entrepreneurial development programs of 

the Small Business Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2009 

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

JULY 2, 2009 

Reported under authority of the order of the Senate of June 25, 2009, by 

Ms. LANDRIEU, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To reauthorize and improve the entrepreneurial development 

programs of the Small Business Administration, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Entrepreneurial Devel3 opment Act of 2009’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—REAUTHORIZATION 

Sec. 101. Reauthorization. 

TITLE II—WOMEN’S SMALL BUSINESS OWNERSHIP PROGRAMS 

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

Sec. 202. Women’s Business Center Program. 

Sec. 203. National Women’s Business Council. 

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

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

Council. 

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

TITLE III—NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT 

PROGRAM 

Sec. 301. Short title. 

Sec. 302. Native American small business development program. 

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

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

TITLE IV—VETERANS’ BUSINESS CENTER PROGRAM 

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

Sec. 402. Reporting requirement for interagency task force. 

Sec. 403. Repeal and renewal of grants. 

TITLE V—PROGRAM FOR INVESTMENT IN 

MICROENTREPRENEURS 

Sec. 501. PRIME reauthorization. 

Sec. 502. Conforming repeal and amendments. 

Sec. 503. References. 

Sec. 504. Rule of construction. 

TITLE VI—OTHER PROVISIONS 

Sec. 601. Institutions of higher education. 

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

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

Sec. 604. Privacy requirements for SCORE chapters. 


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Sec. 605. National small business summit. 

Sec. 606. SCORE program. 

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

Sec. 608. Small business development centers. 

Sec. 609. Evaluation of pilot programs. 

1 SEC. 3. DEFINITIONS. 

2 In this Act— 

3 (1) the terms ‘‘Administration’’ and ‘‘Adminis4 trator’’ mean the Small Business Administration 

5 and the Administrator thereof, respectively; 

6 (2) the term ‘‘small business concern’’ has the 

7 same meaning as in section 3 of the Small Business 

8 Act (15 U.S.C. 632); and 

9 (3) the term ‘‘small business development cen10 ter’’ means a small business development center de11 scribed in section 21 of the Small Business Act (15 

12 U.S.C. 648). 

13 TITLE I—REAUTHORIZATION 

14 SEC. 101. REAUTHORIZATION. 

15 (a) IN GENERAL.—Section 20 of the Small Business 

16 Act (15 U.S.C. 631 note) is amended— 

17 (1) by redesignating subsection (j) as sub18 section (f); and 

19 (2) by adding at the end the following: 

20 ‘‘(g) SCORE PROGRAM.—There are authorized to be 

21 appropriated to the Administrator to carry out the 

22 SCORE program authorized by section 8(b)(1) such sums 


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1 as are necessary for the Administrator to make grants or 

2 enter into cooperative agreements for a total of— 

3 ‘‘(1) $10,000,000 in fiscal year 2010; 

4 ‘‘(2) $11,000,000 in fiscal year 2011; and 

5 ‘‘(3) $13,000,000 in fiscal year 2012.’’. 

6 (b) SMALL BUSINESS DEVELOPMENT CENTERS.— 

7 Section 21(a)(4)(C)(vii) of the Small Business Act (15 

8 U.S.C. 648(a)(4)(C)(vii)) is amended to read as follows: 

9 ‘‘(vii) AUTHORIZATION OF APPROPRIA10 TIONS.—There are authorized to be appro11 priated to carry out this subparagraph— 

12 ‘‘(I) $150,000,000 for fiscal year 

13 2010; 

14 ‘‘(II) $155,000,000 for fiscal 

15 year 2011; and 

16 ‘‘(III) $160,000,000 for fiscal 

17 year 2012.’’. 

18 (c) PAUL D. COVERDELL DRUG-FREE WORKPLACE

19 PROGRAM.— 

20 (1) IN GENERAL.—Section 27(g) of the Small 

21 Business Act (15 U.S.C. 654(g)) is amended— 

22 (A) in paragraph (1), by striking ‘‘fiscal 

23 years 2005 and 2006’’ and inserting ‘‘fiscal 

24 years 2010 through 2012’’; and 


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1 (B) in paragraph (2), by striking ‘‘fiscal 

2 years 2005 and 2006’’ and inserting ‘‘fiscal 

3 years 2010 through 2012’’. 

4 (2) CONFORMING AMENDMENT.—Section 

5 21(c)(3)(T) of the Small Business Act (15 U.S.C. 

6 648(c)(3)(T)) is amended by striking ‘‘October 1, 

7 2006’’ and inserting ‘‘October 1, 2012’’. 

8 TITLE II—WOMEN’S SMALL BUSI9 NESS OWNERSHIP PROGRAMS 

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

11 (a) IN GENERAL.—Section 29(g) of the Small Busi12 ness Act (15 U.S.C. 656(g)) is amended— 

13 (1) in paragraph (2)— 

14 (A) in subparagraph (B)(i), by striking ‘‘in 

15 the areas’’ and all that follows through the end 

16 of subclause (I), and inserting the following: ‘‘to 

17 address issues concerning the management, op18 erations, manufacturing, technology, finance, 

19 retail and product sales, international trade, 

20 Government contracting, and other disciplines 

21 required for— 

22 ‘‘(I) starting, operating, and in23 creasing the business of a small busi24 ness concern;’’; and 


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1 (B) in subparagraph (C), by inserting be2 fore the period at the end the following: ‘‘, the 

3 National Women’s Business Council, and any 

4 association of women’s business centers’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(3) TRAINING.—The Administrator may pro7 vide annual programmatic and financial oversight 

8 training for women’s business ownership representa9 tives and district office technical representatives of 

10 the Administration to enable representatives to carry 

11 out their responsibilities. 

12 ‘‘(4) PROGRAM AND TRANSPARENCY IMPROVE13 MENTS.—The Administrator shall maximize the 

14 transparency of the women’s business center finan15 cial assistance proposal process and the pro16 grammatic and financial oversight process by— 

17 ‘‘(A) providing public notice of the an18 nouncement for financial assistance under sub19 section (b) and grants under subsection (l) not 

20 later than the end of the first quarter of each 

21 fiscal year; 

22 ‘‘(B) in the announcement described in 

23 subparagraph (A), outlining award and pro24 gram evaluation criteria and describing the 

25 weighting of the criteria for financial assistance 


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1 under subsection (b) and grants under sub2 section (l); 

3 ‘‘(C) minimizing paperwork and reporting 

4 requirements for applicants for and recipients 

5 of financial assistance under this section; 

6 ‘‘(D) standardizing the oversight and re7 view process of the Administration; and 

8 ‘‘(E) providing to each women’s business 

9 center, not later than 60 days after the comple10 tion of a site visit at the women’s business cen11 ter (whether conducted for an audit, perform12 ance review, or other reason), a copy of site 

13 visit reports and evaluation reports prepared by 

14 district office technical representatives or offi15 cers or employees of the Administration.’’. 

16 (b) CHANGE OF TITLE.— 

17 (1) IN GENERAL.—Section 29 of the Small 

18 Business Act (15 U.S.C. 656) is amended— 

19 (A) in subsection (a)— 

20 (i) by striking paragraphs (1) and (4); 

21 (ii) by redesignating paragraphs (2) 

22 and (3) as paragraphs (4) and (5), respec23 tively; and 

24 (iii) by inserting before paragraph (4), 

25 as so redesignated, the following: 


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1 ‘‘(2) the term ‘Director’ means the Director of 

2 the Office of Women’s Business Ownership estab3 lished under subsection (g);’’; 

4 (B) by striking ‘‘Assistant Administrator’’ 

5 each place it appears and inserting ‘‘Director’’; 

6 and 

7 (C) in subsection (g)(2), in the paragraph 

8 heading, by striking ‘‘ASSISTANT ADMINIS9 TRATOR’’ and inserting ‘‘DIRECTOR’’. 

10 (2) WOMEN’S BUSINESS OWNERSHIP ACT OF

11 1988.—Title IV of the Women’s Business Ownership 

12 Act of 1988 (15 U.S.C. 7101 et seq.) is amended— 

13 (A) in section 403(a)(2)(B), by striking 

14 ‘‘Assistant Administrator’’ and inserting ‘‘Di15 rector’’; 

16 (B) in section 405, by striking ‘‘Assistant 

17 Administrator’’ and inserting ‘‘Director’’; and 

18 (C) in section 406(c), by striking ‘‘Assist19 ant Administrator’’ and inserting ‘‘Director’’. 

20 SEC. 202. WOMEN’S BUSINESS CENTER PROGRAM. 

21 (a) WOMEN’S BUSINESS CENTER FINANCIAL ASSIST22 ANCE.—Section 29 of the Small Business Act (15 U.S.C. 

23 656) is amended— 

24 (1) in subsection (a)— 


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1 (A) by inserting before paragraph (2), as 

2 added by section 201(b), the following: 

3 ‘‘(1) the term ‘association of women’s business 

4 centers’ means an organization— 

5 ‘‘(A) that represents not less than 51 per6 cent of the women’s business centers that par7 ticipate in a program under this section; and 

8 ‘‘(B) whose primary purpose is to rep9 resent women’s business centers;’’; 

10 (B) by inserting after paragraph (2), as 

11 added by section 201(b), the following: 

12 ‘‘(3) the term ‘eligible entity’ means— 

13 ‘‘(A) a private nonprofit organization; 

14 ‘‘(B) a State, regional, or local economic 

15 development organization; 

16 ‘‘(C) a development, credit, or finance cor17 poration chartered by a State; 

18 ‘‘(D) a public or private institution of 

19 higher education (as that term is used in sec20 tions 101 and 102 of the Higher Education Act 

21 of 1965 (20 U.S.C. 1001 and 1002)); or 

22 ‘‘(E) any combination of entities listed in 

23 subparagraphs (A) through (D);’’; and 

24 (C) by adding after paragraph (5), as re25 designated by section 201(b), the following: 


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1 ‘‘(6) the term ‘women’s business center’ means 

2 a project conducted by an eligible entity under this 

3 section that— 

4 ‘‘(A) is carried out separately from other 

5 projects, if any, of the eligible entity; and 

6 ‘‘(B) is separate from the financial system 

7 of the eligible entity;’’. 

8 (2) in subsection (b)— 

9 (A) by redesignating paragraphs (1), (2), 

10 and (3) as subparagraphs (A), (B), and (C), 

11 and adjusting the margins accordingly; 

12 (B) by striking ‘‘The Administration’’ and 

13 all that follows through ‘‘5-year project’’ and 

14 inserting the following: 

15 ‘‘(1) IN GENERAL.—The Administration may 

16 provide financial assistance to an eligible entity to 

17 conduct a project under this section’’; 

18 (C) by striking ‘‘The projects shall’’ and 

19 inserting the following: 

20 ‘‘(2) USE OF FUNDS.—The project shall be de21 signed to provide training and counseling that meets 

22 the needs of women, especially socially and economi23 cally disadvantaged women, and shall provide’’; and 

24 (D) by adding at the end the following: 

25 ‘‘(3) AMOUNT OF FINANCIAL ASSISTANCE.— 


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1 ‘‘(A) IN GENERAL.—The Administrator 

2 may award financial assistance under this sub3 section of not less than $150,000 per year. 

4 ‘‘(B) EQUAL ALLOCATIONS.—In the event 

5 that the Administration has insufficient funds 

6 to provide financial assistance of $150,000 for 

7 each recipient of financial assistance under this 

8 subsection in any fiscal year, available funds 

9 shall be allocated equally to recipients, unless a 

10 recipient requests a lower amount than the allo11 cated amount. 

12 ‘‘(4) CONSULTATION WITH ASSOCIATIONS OF

13 WOMEN’S BUSINESS CENTERS.—The Administrator 

14 shall consult with each association of women’s busi15 ness centers to develop— 

16 ‘‘(A) a training program for the staff of 

17 women’s business centers and the Administra18 tion; and 

19 ‘‘(B) recommendations to improve the poli20 cies and procedures for governing the general 

21 operations and administration of the Women’s 

22 Business Center program, including grant pro23 gram improvements under subsection (g)(5).’’; 

24 (3) in subsection (c)— 


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1 (A) in paragraph (1) by striking ‘‘the re2 cipient organization’’ and inserting ‘‘an eligible 

3 entity’’; 

4 (B) in paragraph (3), in the second sen5 tence, by striking ‘‘a recipient organization’’ 

6 and inserting ‘‘an eligible entity’’; and 

7 (C) in paragraph (4)— 

8 (i) by striking ‘‘recipient’’ each place 

9 it appears and inserting ‘‘eligible entity’’; 

10 and 

11 (ii) by striking ‘‘such organization’’ 

12 and inserting ‘‘the eligible entity’’; 

13 (4) in subsection (e)— 

14 (A) by striking ‘‘applicant organization’’ 

15 and inserting ‘‘eligible entity’’; 

16 (B) by striking ‘‘a recipient organization’’ 

17 and inserting ‘‘an eligible entity’’; and 

18 (C) by striking ‘‘site’’; 

19 (5) by striking subsection (f) and inserting the 

20 following: 

21 ‘‘(f) APPLICATIONS AND CRITERIA FOR INITIAL FI22 NANCIAL ASSISTANCE.— 

23 ‘‘(1) APPLICATION.—Each eligible entity desir24 ing financial assistance under subsection (b) shall 


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1 submit to the Administrator an application that con2 tains— 

3 ‘‘(A) a certification that the eligible enti4 ty— 

5 ‘‘(i) has designated an executive direc6 tor or program manager, who may be com7 pensated from financial assistance under 

8 subsection (b) or other sources, to manage 

9 the center on a full-time basis; and 

10 ‘‘(ii) as a condition of receiving finan11 cial assistance under subsection (b), 

12 agrees— 

13 ‘‘(I) to receive a site visit by the 

14 Administrator as part of the final se15 lection process; 

16 ‘‘(II) to undergo an annual pro17 grammatic and financial review; and 

18 ‘‘(III) to the maximum extent 

19 practicable, to remedy any problems 

20 identified pursuant to the site visit or 

21 review under subclause (I) or (II); 

22 ‘‘(iii) meets the accounting and re23 porting requirements established by the 

24 Director of the Office of Management and 

25 Budget; 


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1 ‘‘(B) information demonstrating that the 

2 eligible entity has the ability and resources to 

3 meet the needs of the market to be served by 

4 the women’s business center for which financial 

5 assistance under subsection (b) is sought, in6 cluding the ability to obtain the non-Federal 

7 contribution required under subsection (c); 

8 ‘‘(C) information relating to the assistance 

9 to be provided by the women’s business center 

10 for which financial assistance under subsection 

11 (b) is sought in the area in which the women’s 

12 business center site is located; 

13 ‘‘(D) information demonstrating the expe14 rience and effectiveness of the eligible entity 

15 in— 

16 ‘‘(i) conducting financial, manage17 ment, and marketing assistance programs, 

18 as described under subsection (b)(2), which 

19 are designed to teach or upgrade the busi20 ness skills of women who are business own21 ers or potential business owners; 

22 ‘‘(ii) providing training and services to 

23 a representative number of women who are 

24 socially and economically disadvantaged; 

25 and 


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1 ‘‘(iii) using resource partners of the 

2 Administration and other entities, such as 

3 universities; and 

4 ‘‘(E) a 5-year plan that describes the abil5 ity of the women’s business center for which fi6 nancial assistance is sought— 

7 ‘‘(i) to serve women who are business 

8 owners or potential owners by conducting 

9 training and counseling activities; and 

10 ‘‘(ii) to provide training and services 

11 to a representative number of women who 

12 are socially and economically disadvan13 taged. 

14 ‘‘(2) ADDITIONAL INFORMATION.—The Admin15 istrator shall make any request for additional infor16 mation from an organization applying for financial 

17 assistance under subsection (b) that was not re18 quested in the original announcement in writing. 

19 ‘‘(3) REVIEW AND APPROVAL OF APPLICATIONS

20 FOR INITIAL FINANCIAL ASSISTANCE.— 

21 ‘‘(A) IN GENERAL.—The Administrator 

22 shall— 

23 ‘‘(i) review each application submitted 

24 under paragraph (1), based on the infor25 mation described in such paragraph and 


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1 the criteria set forth under subparagraph 

2 (B) of this paragraph; and 

3 ‘‘(ii) to the extent practicable, as part 

4 of the final selection process, conduct a 

5 site visit at each women’s business center 

6 for which financial assistance under sub7 section (b) is sought. 

8 ‘‘(B) SELECTION CRITERIA.— 

9 ‘‘(i) IN GENERAL.—The Administrator 

10 shall evaluate applicants for financial as11 sistance under subsection (b) in accordance 

12 with selection criteria that are— 

13 ‘‘(I) established before the date 

14 on which applicants are required to 

15 submit the applications; 

16 ‘‘(II) stated in terms of relative 

17 importance; and 

18 ‘‘(III) publicly available and stat19 ed in each solicitation for applications 

20 for financial assistance under sub21 section (b) made by the Adminis22 trator. 

23 ‘‘(ii) REQUIRED CRITERIA.—The se24 lection criteria for financial assistance 

25 under subsection (b) shall include— 


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1 ‘‘(I) the experience of the appli2 cant in conducting programs or ongo3 ing efforts designed to teach or en4 hance the business skills of women 

5 who are business owners or potential 

6 business owners; 

7 ‘‘(II) the ability of the applicant 

8 to commence a project within a min9 imum amount of time; 

10 ‘‘(III) the ability of the applicant 

11 to provide training and services to a 

12 representative number of women who 

13 are socially and economically dis14 advantaged; and 

15 ‘‘(IV) the location for the wom16 en’s business center site proposed by 

17 the applicant, including whether the 

18 applicant is located in a State in 

19 which there is not a women’s business 

20 center receiving funding from the Ad21 ministration. 

22 ‘‘(C) PROXIMITY.—If the principal place of 

23 business of an applicant for financial assistance 

24 under subsection (b) is located less than 50 

25 miles from the principal place of business of a 


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1 women’s business center that received funds 

2 under this section on or before the date of the 

3 application, the applicant shall not be eligible 

4 for the financial assistance, unless the applicant 

5 submits a detailed written justification of the 

6 need for an additional center in the area in 

7 which the applicant is located. 

8 ‘‘(D) RECORD RETENTION.—The Adminis9 trator shall maintain a copy of each application 

10 submitted under this subsection for not less 

11 than 7 years.’’; and 

12 (6) in subsection (m), by striking paragraph (3) 

13 and inserting the following: 

14 ‘‘(3) APPLICATION AND APPROVAL FOR RE15 NEWAL GRANTS.— 

16 ‘‘(A) APPLICATION.—Each eligible entity 

17 desiring a grant under this subsection shall 

18 submit to the Administrator an application that 

19 contains— 

20 ‘‘(i) a certification that the appli21 cant— 

22 ‘‘(I) is a private nonprofit organi23 zation; 

24 ‘‘(II) has designated a full-time 

25 executive director or program manVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S1229.RS S1229

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1 ager to manage the women’s business 

2 center operated by the applicant; and 

3 ‘‘(III) as a condition of receiving 

4 a grant under this subsection, 

5 agrees— 

6 ‘‘(aa) to receive a site visit 

7 as part of the final selection 

8 process; 

9 ‘‘(bb) to submit, for the 2 

10 full fiscal years before the date 

11 on which the application is sub12 mitted, annual programmatic and 

13 financial review reports or cer14 tified copies of the compliance 

15 supplemental audits under OMB 

16 Circular A–133 of the applicant; 

17 and 

18 ‘‘(cc) to remedy any problem 

19 identified pursuant to the site 

20 visit or review under item (aa) or 

21 (bb); 

22 ‘‘(ii) information demonstrating that 

23 the applicant has the ability and resources 

24 to meet the needs of the market to be 

25 served by the women’s business center for 


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1 which a grant under this subsection is 

2 sought, including the ability to ability to 

3 obtain the non-Federal contribution re4 quired under paragraph (4)(C); 

5 ‘‘(iii) information relating to assist6 ance to be provided by the women’s busi7 ness center for which a grant under this 

8 subsection is sought in the area of the 

9 women’s business center site; 

10 ‘‘(iv) information demonstrating the 

11 use of resource partners of the Administra12 tion and other entities; 

13 ‘‘(v) a 3-year plan that describes the 

14 ability of the women’s business center for 

15 which a grant under this subsection is 

16 sought— 

17 ‘‘(I) to serve women who are 

18 business owners or potential business 

19 owners by conducting training and 

20 counseling activities; and 

21 ‘‘(II) to provide training and 

22 services to a representative number of 

23 women who are socially and economi24 cally disadvantaged; and 


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1 ‘‘(vi) any additional information that 

2 the Administrator may reasonably require. 

3 ‘‘(B) REVIEW AND APPROVAL OF APPLICA4 TIONS FOR GRANTS.— 

5 ‘‘(i) IN GENERAL.—The Administrator 

6 shall— 

7 ‘‘(I) review each application sub8 mitted under subparagraph (A), based 

9 on the information described in such 

10 subparagraph and the criteria set 

11 forth under clause (ii) of this subpara12 graph; and 

13 ‘‘(II) whenever practicable, as 

14 part of the final selection process, 

15 conduct a site visit at each women’s 

16 business center for which a grant 

17 under this subsection is sought. 

18 ‘‘(ii) SELECTION CRITERIA.— 

19 ‘‘(I) IN GENERAL.—The Admin20 istrator shall evaluate applicants for 

21 grants under this subsection in ac22 cordance with selection criteria that 

23 are— 


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1 ‘‘(aa) established before the 

2 date on which applicants are re3 quired to submit the applications; 

4 ‘‘(bb) stated in terms of rel5 ative importance; and 

6 ‘‘(cc) publicly available and 

7 stated in each solicitation for ap8 plications for grants under this 

9 subsection made by the Adminis10 trator. 

11 ‘‘(II) REQUIRED CRITERIA.—The 

12 selection criteria for a grant under 

13 this subsection shall include— 

14 ‘‘(aa) the total number of 

15 entrepreneurs served by the ap16 plicant; 

17 ‘‘(bb) the total number of 

18 new start-up companies assisted 

19 by the applicant; 

20 ‘‘(cc) the percentage of the 

21 clients of the applicant that are 

22 socially or economically disadvan23 taged; and 

24 ‘‘(dd) the percentage of indi25 viduals in the community served 


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1 by the applicant who are socially 

2 or economically disadvantaged. 

3 ‘‘(iii) CONDITIONS FOR CONTINUED

4 FUNDING.—In determining whether to 

5 make a grant under this subsection, the 

6 Administrator— 

7 ‘‘(I) shall consider the results of 

8 the most recent evaluation of the 

9 women’s business center for which a 

10 grant under this subsection is sought, 

11 and, to a lesser extent, previous eval12 uations; and 

13 ‘‘(II) may withhold a grant under 

14 this subsection, if the Administrator 

15 determines that the applicant has 

16 failed to provide the information re17 quired to be provided under this para18 graph, or the information provided by 

19 the applicant is inadequate. 

20 ‘‘(C) NOTIFICATION.—Not later than 60 

21 days after the date of the deadline to submit 

22 applications for each fiscal year, the Adminis23 trator shall approve or deny any application 

24 under this paragraph and notify the applicant 

25 for each such application. 


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1 ‘‘(D) RECORD RETENTION.—The Adminis2 trator shall maintain a copy of each application 

3 submitted under this paragraph for not less 

4 than 7 years.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

7 amended— 

8 (1) in subsection (h)(2), by striking ‘‘to award 

9 a contract (as a sustainability grant) under sub10 section (l) or’’; 

11 (2) in subsection (j)(1), by striking ‘‘The Ad12 ministration’’ and inserting ‘‘Not later than Novem13 ber 1st of each year, the Administrator’’; 

14 (3) in subsection (k)— 

15 (A) by striking paragraphs (1), (2), and 

16 (4); 

17 (B) by redesignating paragraph (3) as 

18 paragraph (5); and 

19 (C) by inserting before paragraph (5), as 

20 so redesignated, the following: 

21 ‘‘(1) IN GENERAL.—There are authorized to be 

22 appropriated to the Administration to carry out this 

23 section, to remain available until expended— 

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

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


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

2 ‘‘(2) ALLOCATION.—Of amounts made available 

3 pursuant to paragraph (1), the Administrator shall 

4 use not less than 50 percent for grants under sub5 section (l). 

6 ‘‘(3) USE OF AMOUNTS.—Amounts made avail7 able under this subsection may only be used for 

8 grant awards and may not be used for costs incurred 

9 by the Administration in connection with the man10 agement and administration of the program under 

11 this section. 

12 ‘‘(4) CONTINUING GRANT AND COOPERATIVE

13 AGREEMENT AUTHORITY.— 

14 ‘‘(A) IN GENERAL.—The authority of the 

15 Administrator to provide financial assistance 

16 under this section shall be in effect for each fis17 cal year only to the extent and in the amounts 

18 as are provided in advance in appropriations 

19 Acts. 

20 ‘‘(B) PROMPT DISBURSEMENT.—Upon re21 ceiving funds to carry out this section for a fis22 cal year, the Administrator shall, to the extent 

23 practicable, promptly reimburse funds to any 

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1 sistance under this section if the center meets 

2 the eligibility requirements under this section. 

3 ‘‘(C) RENEWAL.—After the Administrator 

4 has entered into a grant or cooperative agree5 ment with any women’s business center under 

6 this section, the Administrator shall not sus7 pend, terminate, or fail to renew or extend any 

8 such grant or cooperative agreement, unless the 

9 Administrator— 

10 ‘‘(i) provides the women’s business 

11 center with written notification setting 

12 forth the reasons for that action; and 

13 ‘‘(ii) affords the center an opportunity 

14 for a hearing, appeal, or other administra15 tive proceeding under chapter 5 of title 5, 

16 United States Code.’’; 

17 (4) in subsection (m)(4)(D), by striking ‘‘or 

18 subsection (l)’’; and 

19 (5) by redesignating subsections (m) and (n), 

20 as amended by this Act, as subsections (l) and (m), 

21 respectively. 

22 SEC. 203. NATIONAL WOMEN’S BUSINESS COUNCIL. 

23 (a) MEMBERSHIP.—Section 407(f) of the Women’s 

24 Business Ownership Act of 1988 (15 U.S.C. 7107(f)) is 

25 amended by adding at the end the following: 


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1 ‘‘(3) REPRESENTATION OF MEMBER ORGANIZA2 TIONS.—In consultation with the chairperson of the 

3 Council and the Administrator, a national women’s 

4 business organization or small business concern that 

5 is represented on the Council may replace its rep6 resentative member on the Council during the serv7 ice term to which that member was appointed.’’. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 410(a) of the Women’s Business Ownership Act of 1988 

10 (15 U.S.C. 7110(a)) is amended by striking ‘‘2001 

11 through 2003, of which $550,000’’ and inserting ‘‘2010 

12 through 2012, of which not less than 30 percent’’. 

13 SEC. 204. INTERAGENCY COMMITTEE ON WOMEN’S BUSI14 NESS ENTERPRISE. 

15 (a) CHAIRPERSON.—Section 403(b) of the Women’s 

16 Business Ownership Act of 1988 (15 U.S.C. 7103(b)) is 

17 amended— 

18 (1) by striking ‘‘Not later’’ and inserting the 

19 following: 

20 ‘‘(1) IN GENERAL.—Not later’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(2) VACANCY.—In the event that a chair23 person is not appointed under paragraph (1), the 

24 Deputy Administrator of the Small Business Admin25 istration shall serve as acting chairperson of the 


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1 Interagency Committee until a chairperson is ap2 pointed under paragraph (1).’’. 

3 (b) POLICY ADVISORY GROUP.—Section 401 of the 

4 Women’s Business Ownership Act of 1988 (15 U.S.C. 

5 7101) is amended— 

6 (1) by striking ‘‘There’’ and inserting the fol7 lowing: 

8 ‘‘(a) ESTABLISHMENT OF COMMITTEE.—There’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(b) POLICY ADVISORY GROUP.— 

11 ‘‘(1) ESTABLISHMENT.—There is established a 

12 Policy Advisory Group within the Interagency Com13 mittee to assist the chairperson in developing poli14 cies and programs under this Act. 

15 ‘‘(2) MEMBERSHIP.—The Policy Advisory 

16 Group shall be composed of 7 policy making offi17 cials, of whom— 

18 ‘‘(A) 1 shall be a representative of the 

19 Small Business Administration; 

20 ‘‘(B) 1 shall be a representative of the De21 partment of Commerce; 

22 ‘‘(C) 1 shall be a representative of the De23 partment of Labor; 

24 ‘‘(D) 1 shall be a representative of the De25 partment of Defense; 


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1 ‘‘(E) 1 shall be a representative of the De2 partment of the Treasury; and 

3 ‘‘(F) 2 shall be representatives of the 

4 Council. 

5 ‘‘(3) MEETINGS.—The Policy Advisory Group 

6 established under paragraph (1) shall meet not less 

7 frequently than 3 times each year to— 

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

9 ‘‘(B) track year-to-date agency contracting 

10 activities; and 

11 ‘‘(C) evaluate the progress during the fis12 cal year and prepare an annual report.’’. 

13 SEC. 205. PRESERVING THE INDEPENDENCE OF THE NA14 TIONAL WOMEN’S BUSINESS COUNCIL. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) The National Women’s Business Council 

17 provides an independent source of advice and policy 

18 recommendations regarding women’s business devel19 opment and the needs of women entrepreneurs in 

20 the United States to— 

21 (A) the President; 

22 (B) Congress; 

23 (C) the Interagency Committee on Wom24 en’s Business Enterprise; and 

25 (D) the Administrator. 


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1 (2) The members of the National Women’s 

2 Business Council are small business owners, rep3 resentatives of business organizations, and rep4 resentatives of women’s business centers. 

5 (3) The chairman and ranking member of the 

6 Committee on Small Business and Entrepreneurship 

7 of the Senate and the Committee on Small Business 

8 of the House of Representatives make recommenda9 tions to the Administrator to fill 8 of the positions 

10 on the National Women’s Business Council. Four of 

11 the positions are reserved for small business owners 

12 who are affiliated with the political party of the 

13 President, and 4 of the positions are reserved for 

14 small business owners who are not affiliated with the 

15 political party of the President. This method of ap16 pointment ensures that the National Women’s Busi17 ness Council will provide Congress with nonpartisan, 

18 balanced, and independent advice. 

19 (4) In order to maintain the independence of 

20 the National Women’s Business Council and to en21 sure that the Council continues to provide the Presi22 dent, the Interagency Committee on Women’s Busi23 ness Enterprise, the Administrator, and Congress 

24 with advice on a nonpartisan basis, it is essential 

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1 tablished under section 407 of the Women’s Busi2 ness Ownership Act of 1988 (15 U.S.C. 7107). 

3 (b) MAINTENANCE OF PARTISAN BALANCE.—Section 

4 407(f) of the Women’s Business Ownership Act of 1988 

5 (15 U.S.C. 7107(f)), as amended by this Act, is amended 

6 by adding at the end the following: 

7 ‘‘(4) PARTISAN BALANCE.—When filling a va8 cancy under paragraph (1) of this subsection of a 

9 member appointed under paragraph (1) or (2) of 

10 subsection (b), the Administrator shall, to the extent 

11 practicable, ensure that there are an equal number 

12 of members on the Council from each of the 2 major 

13 political parties. 

14 ‘‘(5) ACCOUNTABILITY.—If a vacancy is not 

15 filled within the 30-day period required under para16 graph (1), or if there is an imbalance in the number 

17 of members on the Council from each of the 2 major 

18 political parties for a period exceeding 30 days, the 

19 Administrator shall submit a report, not later than 

20 10 days after the expiration of either such 30-day 

21 deadline, to the Committee on Small Business and 

22 Entrepreneurship of the Senate and the Committee 

23 on Small Business of the House of Representatives, 

24 that explains why the respective deadline was not 


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1 met and provides an estimated date on which any 

2 vacancies will be filled, as applicable.’’. 

3 SEC. 206. STUDY AND REPORT ON WOMEN’S BUSINESS CEN4 TERS. 

5 (a) IN GENERAL.—The Comptroller General of the 

6 United States shall conduct a broad study of the unique 

7 economic issues facing women’s business centers located 

8 in covered areas to identify— 

9 (1) the difficulties such centers face in raising 

10 non-Federal funds; 

11 (2) the difficulties such centers face competing 

12 for financial assistance, non-Federal funds, or other 

13 types of assistance; 

14 (3) the difficulties such centers face in writing 

15 grant proposals; and 

16 (4) other difficulties such centers face because 

17 of the economy in the type of covered area in which 

18 such centers are located. 

19 (b) REPORT.—Not later than 1 year after the date 

20 of enactment of this Act, the Comptroller General shall 

21 submit to Congress a report regarding the results of the 

22 study conducted under subsection (a), which shall include 

23 recommendations, if any, regarding how to— 

24 (1) address the unique difficulties women’s 

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1 cause of the type of covered area in which such cen2 ters are located; 

3 (2) expand the presence of, and increase the 

4 services provided by, women’s business centers lo5 cated in covered areas; and 

6 (3) best use technology and other resources to 

7 better serve women business owners located in cov8 ered areas. 

9 (c) DEFINITION OF COVERED AREA.—In this section, 

10 the term ‘‘covered area’’ means— 

11 (1) any State that is predominantly rural, as 

12 determined by the Administrator; 

13 (2) any State that is predominantly urban, as 

14 determined by the Administrator; and 

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

16 TITLE III—NATIVE AMERICAN 

17 SMALL BUSINESS DEVELOP18 MENT PROGRAM 

19 SEC. 301. SHORT TITLE. 

20 This title may be cited as the ‘‘Native American 

21 Small Business Development Act of 2009’’. 

22 SEC. 302. NATIVE AMERICAN SMALL BUSINESS DEVELOP23 MENT PROGRAM. 

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

25 amended— 


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1 (1) by redesignating section 44 as section 45; 

2 and 

3 (2) by inserting after section 43 the following: 

4 ‘‘SEC. 44. NATIVE AMERICAN SMALL BUSINESS DEVELOP5 MENT PROGRAM. 

6 ‘‘(a) DEFINITIONS.—In this section— 

7 ‘‘(1) the term ‘Alaska Native’ has the meaning 

8 given the term ‘Native’ in section 3(b) of the Alaska 

9 Native Claims Settlement Act (43 U.S.C. 1602(b)); 

10 ‘‘(2) the term ‘Alaska Native corporation’ has 

11 the meaning given the term ‘Native Corporation’ in 

12 section 3(m) of the Alaska Native Claims Settlement 

13 Act (43 U.S.C. 1602(m)); 

14 ‘‘(3) the term ‘Assistant Administrator’ means 

15 the Assistant Administrator of the Office of Native 

16 American Affairs established under subsection (b); 

17 ‘‘(4) the terms ‘center’ and ‘Native American 

18 business center’ mean a center established under 

19 subsection (c); 

20 ‘‘(5) the term ‘eligible applicant’ means— 

21 ‘‘(A) an Indian tribe; 

22 ‘‘(B) a tribal college; 

23 ‘‘(C) an Alaska Native corporation; or 

24 ‘‘(D) a private, nonprofit organization— 


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1 ‘‘(i) that provides business and finan2 cial or procurement technical assistance to 

3 any entity described in subparagraph (A), 

4 (B), or (C); and 

5 ‘‘(ii) the majority of members of the 

6 board of directors of which are members of 

7 an Indian tribe; or 

8 ‘‘(E) a small business development center, 

9 women’s business center, or other private orga10 nization participating in a joint project; 

11 ‘‘(6) the term ‘Indian’ means a member of an 

12 Indian tribe; 

13 ‘‘(7) the term ‘Indian tribe’ has the meaning 

14 given that term in section 4 of the Indian Self-De15 termination and Education Assistance Act (25 

16 U.S.C. 450b); 

17 ‘‘(8) the term ‘joint project’ means a project 

18 that— 

19 ‘‘(A) combines the resources and expertise 

20 of 2 or more distinct entities at a physical loca21 tion dedicated to assisting the Native American 

22 community; and 

23 ‘‘(B) submits to the Administration a joint 

24 application that contains— 


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1 ‘‘(i) a certification that each partici2 pant of the project— 

3 ‘‘(I) is an eligible applicant; 

4 ‘‘(II) employs an executive direc5 tor or program manager to manage 

6 the center; and 

7 ‘‘(ii) provides information dem8 onstrating a record of commitment to pro9 viding assistance to Native Americans and; 

10 ‘‘(iii) information demonstrating that 

11 the participants in the joint project have 

12 the ability and resources to meet the 

13 needs, including the cultural needs, of the 

14 Native Americans to be served by the 

15 project; 

16 ‘‘(9) the term ‘Native American Business En17 terprise Center’ means an entity providing business 

18 development assistance to federally recognized tribes 

19 and Native Americans under a grant from the Mi20 nority Business Development Agency of the Depart21 ment of Commerce; 

22 ‘‘(10) the term ‘Native American small business 

23 concern’ means a small business concern that is 

24 owned and controlled by— 

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


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1 ‘‘(B) an Alaska Native or Alaska Native 

2 corporation; 

3 ‘‘(11) the term ‘Native American small business 

4 development program’ means the program estab5 lished under subsection (c); 

6 ‘‘(12) the term ‘tribal college’ has the meaning 

7 given the term ‘tribally controlled college or univer8 sity’ has in section 2(a)(4) of the Tribally Controlled 

9 Community College Assistance Act of 1978 (25 

10 U.S.C. 1801(a)(4)); and 

11 ‘‘(13) the term ‘tribal lands’ means all lands 

12 within the exterior boundaries of any Indian reserva13 tion. 

14 ‘‘(b) OFFICE OF NATIVE AMERICAN AFFAIRS.— 

15 ‘‘(1) ESTABLISHMENT.—There is established 

16 within the Administration the Office of Native 

17 American Affairs, which, under the direction of the 

18 Assistant Administrator, shall implement the pro19 grams of the Administration for the development of 

20 business enterprises by Native Americans. 

21 ‘‘(2) PURPOSE.—The purpose of the Office of 

22 Native American Affairs is to assist Native Amer23 ican entrepreneurs to— 

24 ‘‘(A) start, operate, and increase the busi25 ness of small business concerns; 


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1 ‘‘(B) develop management and technical 

2 skills; 

3 ‘‘(C) seek Federal procurement opportuni4 ties; 

5 ‘‘(D) increase employment opportunities 

6 for Native Americans through the establishment 

7 and expansion of small business concerns; and 

8 ‘‘(E) increase the access of Native Ameri9 cans to capital markets. 

10 ‘‘(3) ASSISTANT ADMINISTRATOR.— 

11 ‘‘(A) APPOINTMENT.—The Administrator 

12 shall appoint a qualified individual to serve as 

13 Assistant Administrator of the Office of Native 

14 American Affairs in accordance with this para15 graph. 

16 ‘‘(B) QUALIFICATIONS.—The Assistant 

17 Administrator appointed under subparagraph 

18 (A) shall have— 

19 ‘‘(i) knowledge of Native American 

20 culture; and 

21 ‘‘(ii) experience providing culturally 

22 tailored small business development assist23 ance to Native Americans. 


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1 ‘‘(C) EMPLOYMENT STATUS.—The Admin2 istrator shall establish the position of Assistant 

3 Administrator as— 

4 ‘‘(i) a position at GS–15 of the Gen5 eral Schedule; or 

6 ‘‘(ii) a Senior Executive Service posi7 tion to be filled by a noncareer appointee, 

8 as defined under section 3132(a)(7) of title 

9 5, United States Code. 

10 ‘‘(D) RESPONSIBILITIES AND DUTIES.— 

11 The Assistant Administrator shall— 

12 ‘‘(i) in consultation with the Associate 

13 Administrator for Entrepreneurial Devel14 opment, administer and manage the Native 

15 American Small Business Development 

16 program established under this section; 

17 ‘‘(ii) recommend the annual adminis18 trative and program budgets for the Office 

19 of Native American Affairs; 

20 ‘‘(iii) consult with Native American 

21 business centers in carrying out the pro22 gram established under this section; 

23 ‘‘(iv) recommend appropriate funding 

24 levels; 


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1 ‘‘(v) review the annual budgets sub2 mitted by each applicant for the Native 

3 American Small Business Development 

4 program; 

5 ‘‘(vi) select applicants to participate in 

6 the program under this section; 

7 ‘‘(vii) implement this section; and 

8 ‘‘(viii) maintain a clearinghouse for 

9 the dissemination and exchange of infor10 mation between Native American business 

11 centers. 

12 ‘‘(E) CONSULTATION REQUIREMENTS.—In 

13 carrying out the responsibilities and duties de14 scribed in this paragraph, the Assistant Admin15 istrator shall confer with and seek the advice 

16 of— 

17 ‘‘(i) officials of the Administration 

18 working in areas served by Native Amer19 ican business centers; 

20 ‘‘(ii) representatives of Indian tribes; 

21 ‘‘(iii) tribal colleges; and 

22 ‘‘(iv) Alaska Native corporations. 

23 ‘‘(c) NATIVE AMERICAN SMALL BUSINESS DEVELOP24 MENT PROGRAM.— 

25 ‘‘(1) AUTHORIZATION.— 


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1 ‘‘(A) IN GENERAL.—The Administration, 

2 through the Office of Native American Affairs, 

3 shall provide financial assistance to eligible ap4 plicants to create Native American business 

5 centers in accordance with this section. 

6 ‘‘(B) USE OF FUNDS.—The financial and 

7 resource assistance provided under this sub8 section shall be used to establish a Native 

9 American business center to overcome obstacles 

10 impeding the creation, development, and expan11 sion of small business concerns, in accordance 

12 with this section, by— 

13 ‘‘(i) reservation-based American Indi14 ans; and 

15 ‘‘(ii) Alaska Natives. 

16 ‘‘(2) 5-YEAR PROJECTS.— 

17 ‘‘(A) IN GENERAL.—Each Native Amer18 ican business center that receives assistance 

19 under paragraph (1)(A) shall conduct a 5-year 

20 project that offers culturally tailored business 

21 development assistance in the form of— 

22 ‘‘(i) financial education, including 

23 training and counseling in— 


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1 ‘‘(I) applying for and securing 

2 business credit and investment cap3 ital; 

4 ‘‘(II) preparing and presenting fi5 nancial statements; and 

6 ‘‘(III) managing cash flow and 

7 other financial operations of a busi8 ness concern; 

9 ‘‘(ii) management education, including 

10 training and counseling in planning, orga11 nizing, staffing, directing, and controlling 

12 each major activity and function of a small 

13 business concern; and 

14 ‘‘(iii) marketing education, including 

15 training and counseling in— 

16 ‘‘(I) identifying and segmenting 

17 domestic and international market op18 portunities; 

19 ‘‘(II) preparing and executing 

20 marketing plans; 

21 ‘‘(III) developing pricing strate22 gies; 

23 ‘‘(IV) locating contract opportu24 nities; 

25 ‘‘(V) negotiating contracts; and 


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1 ‘‘(VI) utilizing varying public re2 lations and advertising techniques. 

3 ‘‘(B) BUSINESS DEVELOPMENT ASSIST4 ANCE RECIPIENTS.—The business development 

5 assistance under subparagraph (A) shall be of6 fered to prospective and current owners of small 

7 business concerns that are owned by— 

8 ‘‘(i) Indians or Indian tribes, and lo9 cated on or near tribal lands; or 

10 ‘‘(ii) Alaska Natives or Alaska Native 

11 corporations. 

12 ‘‘(3) FORM OF FEDERAL FINANCIAL ASSIST13 ANCE.— 

14 ‘‘(A) DOCUMENTATION.— 

15 ‘‘(i) IN GENERAL.—The financial as16 sistance to Native American business cen17 ters authorized under this subsection may 

18 be made by grant, contract, or cooperative 

19 agreement. 

20 ‘‘(ii) EXCEPTION.—Financial assist21 ance under this subsection to Alaska Na22 tive corporations may only be made by 

23 grant or cooperative agreement. 

24 ‘‘(B) PAYMENTS.— 


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1 ‘‘(i) TIMING.—Payments made under 

2 this subsection may be disbursed in peri3 odic installments, at the request of the re4 cipient. 

5 ‘‘(ii) ADVANCE.—The Administrator 

6 may disburse not more than 25 percent of 

7 the annual amount of Federal financial as8 sistance awarded to a Native American 

9 small business center after notice of the 

10 award has been issued. 

11 ‘‘(C) FEDERAL SHARE.— 

12 ‘‘(i) IN GENERAL.— 

13 ‘‘(I) INITIAL FINANCIAL ASSIST14 ANCE.—Except as provided in sub15 clause (II), an eligible applicant that 

16 receives financial assistance under this 

17 subsection shall provide non-Federal 

18 contributions for the operation of the 

19 Native American business center es20 tablished by the eligible applicant in 

21 an amount equal to— 

22 ‘‘(aa) in each of the first 

23 and second years of the project, 

24 not less than 33 percent of the 

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1 ance received under this sub2 section; and 

3 ‘‘(bb) in each of the third 

4 through fifth years of the project, 

5 not less than 50 percent of the 

6 amount of the financial assist7 ance received under this sub8 section. 

9 ‘‘(II) RENEWALS.—An eligible 

10 applicant that receives a renewal of fi11 nancial assistance under this sub12 section shall provide non-Federal con13 tributions for the operation of a Na14 tive American business center estab15 lished by the eligible applicant in an 

16 amount equal to not less than 50 per17 cent of the amount of the financial as18 sistance received under this sub19 section. 

20 ‘‘(4) CONTRACT AND COOPERATIVE AGREE21 MENT AUTHORITY.—A Native American business 

22 center may enter into a contract or cooperative 

23 agreement with a Federal department or agency to 

24 provide specific assistance to Native American and 

25 other underserved small business concerns located on 


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1 or near tribal lands, to the extent that such contract 

2 or cooperative agreement is consistent with and does 

3 not duplicate the terms of any assistance received by 

4 the Native American business center from the Ad5 ministration. 

6 ‘‘(5) APPLICATION PROCESS.— 

7 ‘‘(A) SUBMISSION OF A 5-YEAR PLAN.— 

8 Each applicant for assistance under paragraph 

9 (1) shall submit a 5-year plan to the Adminis10 tration on proposed assistance and training ac11 tivities. 

12 ‘‘(B) CRITERIA.— 

13 ‘‘(i) IN GENERAL.—The Administrator 

14 shall evaluate applicants for financial as15 sistance under this subsection in accord16 ance with selection criteria that are— 

17 ‘‘(I) established before the date 

18 on which eligible applicants are re19 quired to submit the applications; 

20 ‘‘(II) stated in terms of relative 

21 importance; and 

22 ‘‘(III) publicly available and stat23 ed in each solicitation for applications 

24 for financial assistance under this 

25 subsection made by the Administrator. 


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1 ‘‘(ii) CONSIDERATIONS.—The criteria 

2 required by this subparagraph shall in3 clude— 

4 ‘‘(I) the experience of the appli5 cant in conducting programs or ongo6 ing efforts designed to impart or up7 grade the business skills of current or 

8 potential owners of Native American 

9 small business concerns; 

10 ‘‘(II) the ability of the applicant 

11 to commence a project within a min12 imum amount of time; 

13 ‘‘(III) the ability of the applicant 

14 to provide quality training and serv15 ices to a significant number of Native 

16 Americans; 

17 ‘‘(IV) previous assistance from 

18 the Administration to provide services 

19 in Native American communities; 

20 ‘‘(V) the proposed location for 

21 the Native American business center, 

22 with priority given based on the prox23 imity of the center to the population 

24 being served and to achieve a broad 


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1 geographic dispersion of the centers; 

2 and 

3 ‘‘(VI) demonstrated experience in 

4 providing technical assistance, includ5 ing financial, marketing, and manage6 ment assistance. 

7 ‘‘(6) CONDITIONS FOR PARTICIPATION.—Each 

8 eligible applicant desiring a grant under this sub9 section shall submit an application to the Adminis10 trator that contains— 

11 ‘‘(A) a certification that the applicant— 

12 ‘‘(i) is an eligible applicant; 

13 ‘‘(ii) employs an executive director or 

14 program manager to manage the Native 

15 American business center; and 

16 ‘‘(iii) agrees— 

17 ‘‘(I) to a site visit by the Admin18 istrator as part of the final selection 

19 process; 

20 ‘‘(II) to an annual programmatic 

21 and financial examination; and 

22 ‘‘(III) to the maximum extent 

23 practicable, to remedy any problems 

24 identified pursuant to that site visit or 

25 examination; 


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1 ‘‘(B) information demonstrating that the 

2 applicant has the ability and resources to meet 

3 the needs, including cultural needs, of the Na4 tive Americans to be served by the grant; 

5 ‘‘(C) information relating to proposed as6 sistance that the grant will provide, including— 

7 ‘‘(i) the number of individuals to be 

8 assisted; and 

9 ‘‘(ii) the number of hours of coun10 seling, training, and workshops to be pro11 vided; 

12 ‘‘(D) information demonstrating the effec13 tiveness and experience of the applicant in— 

14 ‘‘(i) conducting financial, manage15 ment, and marketing assistance programs 

16 designed to educate or improve the busi17 ness skills of, current or prospective Native 

18 American business owners; 

19 ‘‘(ii) providing training and services to 

20 a representative number of Native Ameri21 cans; 

22 ‘‘(iii) using resource partners of the 

23 Administration and other entities, includ24 ing universities, Indian tribes, or tribal col25 leges; and 


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1 ‘‘(iv) the prudent management of fi2 nances and staffing; 

3 ‘‘(E) the location where the applicant will 

4 provide training and services to Native Ameri5 cans; 

6 ‘‘(F) a 5-year plan that describes— 

7 ‘‘(i) the number of Native Americans 

8 and Native American small business con9 cerns to be served by the grant; 

10 ‘‘(ii) if the Native American business 

11 center is located in the continental United 

12 States, the number of Native Americans to 

13 be served by the grant; and 

14 ‘‘(iii) the training and services to be 

15 provided to a representative number of Na16 tive Americans; and 

17 ‘‘(G) if the applicant is a joint project— 

18 ‘‘(i) a certification that each partici19 pant in the joint project is an eligible ap20 plicant; 

21 ‘‘(ii) information demonstrating a 

22 record of commitment to providing assist23 ance to Native Americans; and 

24 ‘‘(iii) information demonstrating that 

25 the participants in the joint project have 


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1 the ability and resources to meet the 

2 needs, including the cultural needs, of the 

3 Native Americans to be served by the 

4 grant. 

5 ‘‘(7) REVIEW OF APPLICATIONS.—The Adminis6 trator shall approve or disapprove each completed 

7 application submitted under this subsection not later 

8 than 60 days after the date on which the eligible ap9 plicant submits the application. 

10 ‘‘(8) PROGRAM EXAMINATION.— 

11 ‘‘(A) IN GENERAL.—Each Native Amer12 ican business center established under this sub13 section shall annually provide to the Adminis14 trator an itemized cost breakdown of actual ex15 penditures made during the preceding year. 

16 ‘‘(B) ADMINISTRATION ACTION.—Based on 

17 information received under subparagraph (A), 

18 the Administration shall— 

19 ‘‘(i) develop and implement an annual 

20 programmatic and financial examination of 

21 each Native American business center as22 sisted pursuant to this subsection; and 

23 ‘‘(ii) analyze the results of each exam24 ination conducted under clause (i) to deter25 mine the programmatic and financial viaVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6401 E:\BILLS\S1229.RS S1229

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1 bility of each Native American business 

2 center. 

3 ‘‘(C) CONDITIONS FOR CONTINUED FUND4 ING.—In determining whether to renew a grant, 

5 contract, or cooperative agreement with a Na6 tive American business center, the Administra7 tion— 

8 ‘‘(i) shall consider the results of the 

9 most recent examination of the center 

10 under subparagraph (B), and, to a lesser 

11 extent, previous examinations; and 

12 ‘‘(ii) may withhold such renewal, if 

13 the Administrator determines that— 

14 ‘‘(I) the center has failed to pro15 vide the information required to be 

16 provided under subparagraph (A), or 

17 the information provided by the center 

18 is inadequate; 

19 ‘‘(II) the center has failed to pro20 vide adequate information required to 

21 be provided by the center for purposes 

22 of the report of the Administrator 

23 under subparagraph (E); 

24 ‘‘(III) the center has failed to 

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1 pation in the Native American small 

2 business development program, as de3 termined by the Administrator, in4 cluding— 

5 ‘‘(aa) failure to acquire or 

6 properly document a non-Federal 

7 share; 

8 ‘‘(bb) failure to establish an 

9 appropriate partnership or pro10 gram for marketing and outreach 

11 to reach new Native American 

12 small business concerns; 

13 ‘‘(cc) failure to achieve re14 sults described in a financial as15 sistance agreement; and 

16 ‘‘(dd) failure to provide to 

17 the Administrator a description 

18 of the amount and sources of any 

19 non-Federal funding received by 

20 the center; 

21 ‘‘(IV) the center has failed to 

22 carry out the 5-year plan under in 

23 paragraph (6)(F); or 


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1 ‘‘(V) the center cannot make the 

2 certification described in paragraph 

3 (6)(A). 

4 ‘‘(D) CONTINUING CONTRACT AND COOP5 ERATIVE AGREEMENT AUTHORITY.— 

6 ‘‘(i) IN GENERAL.—The authority of 

7 the Administrator to enter into contracts 

8 or cooperative agreements in accordance 

9 with this subsection shall be in effect for 

10 each fiscal year only to the extent and in 

11 the amounts as are provided in advance in 

12 appropriations Acts. 

13 ‘‘(ii) RENEWAL.—After the Adminis14 trator has entered into a contract or coop15 erative agreement with any Native Amer16 ican business center under this subsection, 

17 the Administrator may not suspend, termi18 nate, or fail to renew or extend any such 

19 contract or cooperative agreement unless 

20 the Administrator provides the center with 

21 written notification setting forth the rea22 sons therefor and affords the center an op23 portunity for a hearing, appeal, or other 

24 administrative proceeding under chapter 5 

25 of title 5, United States Code. 


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1 ‘‘(E) MANAGEMENT REPORT.— 

2 ‘‘(i) IN GENERAL.—The Administra3 tion shall prepare and submit to the Com4 mittee on Small Business and Entrepre5 neurship of the Senate and the Committee 

6 on Small Business of the House of Rep7 resentatives an annual report on the effec8 tiveness of all projects conducted by Native 

9 American business centers under this sub10 section and any pilot programs adminis11 tered by the Office of Native American Af12 fairs. 

13 ‘‘(ii) CONTENTS.—Each report sub14 mitted under clause (i) shall include, with 

15 respect to each Native American business 

16 center receiving financial assistance under 

17 this subsection— 

18 ‘‘(I) the number of individuals re19 ceiving assistance from the Native 

20 American business center; 

21 ‘‘(II) the number of startup busi22 ness concerns created with the assist23 ance of the Native American business 

24 center; 


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1 ‘‘(III) the number of existing 

2 businesses in the area served by the 

3 Native American business center seek4 ing to expand employment; 

5 ‘‘(IV) the number of jobs created 

6 or maintained, on an annual basis, by 

7 Native American small business con8 cerns assisted by the center since re9 ceiving funding under this Act; 

10 ‘‘(V) to the maximum extent 

11 practicable, the amount of the capital 

12 investment and loan financing used by 

13 emerging and expanding businesses 

14 that were assisted by a Native Amer15 ican business center; and 

16 ‘‘(VI) the most recent examina17 tion, as required under subparagraph 

18 (B), and the determination made by 

19 the Administration under that sub20 paragraph. 

21 ‘‘(9) ANNUAL REPORT.—Each Native American 

22 business center receiving financial assistance under 

23 this subsection shall submit to the Administrator an 

24 annual report on the services provided with the fi25 nancial assistance, including— 


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1 ‘‘(A) the number of individuals assisted, 

2 categorized by ethnicity; 

3 ‘‘(B) the number of hours spent providing 

4 counseling and training for those individuals; 

5 ‘‘(C) the number of startup small business 

6 concerns created or maintained with the assist7 ance of the Native American business center; 

8 ‘‘(D) the gross receipts of small business 

9 concerns assisted by the Native American busi10 ness center; 

11 ‘‘(E) the number of jobs created or main12 tained by small business concerns assisted by 

13 the Native American business center; and 

14 ‘‘(F) the number of jobs for Native Ameri15 cans created or maintained at small business 

16 concerns assisted by the Native American busi17 ness center. 

18 ‘‘(10) RECORD RETENTION.— 

19 ‘‘(A) APPLICATIONS.—The Administrator 

20 shall maintain a copy of each application sub21 mitted under this subsection for not less than 

22 7 years. 

23 ‘‘(B) ANNUAL REPORTS.—The Adminis24 trator shall maintain copies of the certification 

25 submitted under paragraph (6)(A) indefinitely. 


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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated $10,000,000 for each of 

3 fiscal years 2010 through 2012, to carry out the Native 

4 American Small Business Development program.’’. 

5 SEC. 303. STUDY AND REPORT ON NATIVE AMERICAN BUSI6 NESS CENTERS. 

7 (a) IN GENERAL.—The Comptroller General of the 

8 United States shall conduct a broad study of the unique 

9 economic issues facing Native American business centers 

10 to identify— 

11 (1) the difficulties such centers face in raising 

12 non-Federal funds; 

13 (2) the difficulties such centers face competing 

14 for financial assistance, non-Federal funds, or other 

15 types of assistance; 

16 (3) the difficulties such centers face in writing 

17 grant proposals; and 

18 (4) other difficulties such centers face because 

19 of the economy in the area in which such centers are 

20 located. 

21 (b) REPORT.—Not later than 1 year after the date 

22 of enactment of this Act, the Comptroller General shall 

23 submit to Congress a report regarding the results of the 

24 study conducted under subsection (a), which shall include 

25 recommendations, if any, regarding how to— 


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1 (1) address the unique difficulties Native Amer2 ican business centers face because of the type of 

3 area in which such centers are located; 

4 (2) expand the presence of, and increase the 

5 services provided by, Native American business cen6 ters; and 

7 (3) best use technology and other resources to 

8 better serve Native American business owners. 

9 (c) DEFINITION OF NATIVE AMERICAN BUSINESS

10 CENTER.—In this section, the term ‘‘Native American 

11 business center’’ has the meaning given that term in sec12 tion 44(a) of the Small Business Act, as added by this 

13 Act. 

14 SEC. 304. OFFICE OF NATIVE AMERICAN AFFAIRS PILOT 

15 PROGRAM. 

16 (a) DEFINITION.—In this section, the term ‘‘Indian 

17 tribe’’ means any band, nation, or organized group or 

18 community of Indians located in the contiguous United 

19 States, and the Metlakatla Indian Community, whose 

20 members are recognized as eligible for the services pro21 vided to Indians by the Secretary of the Interior because 

22 of their status as Indians. 

23 (b) AUTHORIZATION.—The Office of Native Amer24 ican Affairs of the Administration may conduct a pilot 

25 program— 


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1 (1) to develop and publish a self-assessment 

2 tool for Indian tribes that will allow such tribes to 

3 evaluate and implement best practices for economic 

4 development; and 

5 (2) to provide assistance to Indian tribes, 

6 through an interagency working group, in identifying 

7 and implementing economic development opportuni8 ties available from the Federal Government and pri9 vate enterprise, including— 

10 (A) the Administration; 

11 (B) the Department of Energy; 

12 (C) the Environmental Protection Agency; 

13 (D) the Department of Commerce; 

14 (E) the Federal Communications Commis15 sion; 

16 (F) the Department of Justice; 

17 (G) the Department of Labor; 

18 (H) the Office of National Drug Control 

19 Policy; and 

20 (I) the Department of Agriculture. 

21 (c) TERMINATION OF PROGRAM.—The authority to 

22 conduct a pilot program under this section shall terminate 

23 on September 30, 2012. 

24 (d) REPORT.—Not later than September 30, 2012, 

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1 port to the Committee on Small Business and Entrepre2 neurship of the Senate and the Committee on Small Busi3 ness of the House of Representatives regarding the effec4 tiveness of the self-assessment tool developed under sub5 section (b)(1). 

6 TITLE IV—VETERANS’ BUSINESS 

7 CENTER PROGRAM 

8 SEC. 401. VETERANS’ BUSINESS CENTER PROGRAM; OFFICE 

9 OF VETERANS BUSINESS DEVELOPMENT. 

10 (a) IN GENERAL.—Section 32 of the Small Business 

11 Act (15 U.S.C. 657b) is amended by striking subsection 

12 (f) and inserting the following: 

13 ‘‘(f) ONLINE COORDINATION.— 

14 ‘‘(1) DEFINITION.—In this subsection, the term 

15 ‘veterans’ assistance provider’ means— 

16 ‘‘(A) a veterans’ business center estab17 lished under subsection (g); 

18 ‘‘(B) an employee of the Administration 

19 assigned to the Office of Veterans Business De20 velopment; and 

21 ‘‘(C) a veterans business ownership rep22 resentative designated under subsection 

23 (g)(13)(B). 

24 ‘‘(2) ESTABLISHMENT.—The Associate Admin25 istrator shall establish an online mechanism to— 


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1 ‘‘(A) provide information that assists vet2 erans’ assistance providers in carrying out the 

3 activities of the veterans’ assistance providers; 

4 and 

5 ‘‘(B) coordinate and leverage the work of 

6 the veterans’ assistance providers, including by 

7 allowing a veterans’ assistance provider to— 

8 ‘‘(i) distribute best practices and 

9 other materials; 

10 ‘‘(ii) communicate with other vet11 erans’ assistance providers regarding the 

12 activities of the veterans’ assistance pro13 vider on behalf of veterans; and 

14 ‘‘(iii) pose questions to and request 

15 input from other veterans’ assistance pro16 viders. 

17 ‘‘(g) VETERANS’ BUSINESS CENTER PROGRAM.— 

18 ‘‘(1) DEFINITIONS.—In this subsection— 

19 ‘‘(A) the term ‘active duty’ has the mean20 ing given that term in section 101 of title 10, 

21 United States Code; 

22 ‘‘(B) the term ‘private nonprofit organiza23 tion’ means an entity that is described in sec24 tion 501(c) of the Internal Revenue Code of 


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1 1986 and exempt from taxation under section 

2 501(a) of such Code; 

3 ‘‘(C) the term ‘Reservist’ means a member 

4 of a reserve component of the Armed Forces, as 

5 described in section 10101 of title 10, United 

6 States Code; 

7 ‘‘(D) the term ‘Service Corps of Retired 

8 Executives’ means the Service Corps of Retired 

9 Executives authorized under section 8(b)(1); 

10 ‘‘(E) the term ‘small business concern 

11 owned and controlled by veterans’— 

12 ‘‘(i) has the same meaning as in sec13 tion 3(q); and 

14 ‘‘(ii) includes a small business con15 cern— 

16 ‘‘(I) not less than 51 percent of 

17 which is owned by one or more 

18 spouses of veterans or, in the case of 

19 any publicly owned business, not less 

20 than 51 percent of the stock of which 

21 is owned by one or more spouses of 

22 veterans; and 

23 ‘‘(II) the management and daily 

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1 trolled by one or more spouses of vet2 erans; 

3 ‘‘(F) the term ‘spouse’, relating to a vet4 eran, service-disabled veteran, or Reservist, in5 cludes an individual who is the spouse of a vet6 eran, service-disabled veteran, or Reservist on 

7 the date on which the veteran, service-disabled 

8 veteran, or Reservist died; 

9 ‘‘(G) the term ‘veterans’ business center 

10 program’ means the program established under 

11 paragraph (2)(A); and 

12 ‘‘(H) the term ‘women’s business center’ 

13 means a women’s business center described in 

14 section 29. 

15 ‘‘(2) PROGRAM ESTABLISHED.— 

16 ‘‘(A) IN GENERAL.—The Administrator, 

17 acting through the Associate Administrator, 

18 shall establish a veterans’ business center pro19 gram, under which the Associate Administrator 

20 may provide financial assistance to a private 

21 nonprofit organization to conduct a 5-year 

22 project for the benefit of small business con23 cerns owned and controlled by veterans, which 

24 may be renewed for one or more additional 5- 

25 year periods. 


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1 ‘‘(B) FORM OF FINANCIAL ASSISTANCE.— 

2 Financial assistance under this subsection may 

3 be in the form of a grant, a contract, or a coop4 erative agreement. 

5 ‘‘(3) VETERANS’ BUSINESS CENTERS.—Each 

6 private nonprofit organization that receives financial 

7 assistance under this subsection shall establish or 

8 operate a veterans’ business center (which may in9 clude establishing or operating satellite offices in the 

10 region described in paragraph (5) served by that pri11 vate nonprofit organization) that provides to vet12 erans (including service-disabled veterans), Reserv13 ists, and the spouses of veterans (including service14 disabled veterans) and Reservists— 

15 ‘‘(A) financial advice, including training 

16 and counseling on applying for and securing 

17 business credit and investment capital, pre18 paring and presenting financial statements, and 

19 managing cash flow and other financial oper20 ations of a small business concern; 

21 ‘‘(B) management advice, including train22 ing and counseling on the planning, organiza23 tion, staffing, direction, and control of each 

24 major activity and function of a small business 

25 concern; 


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1 ‘‘(C) marketing advice, including training 

2 and counseling on identifying and segmenting 

3 domestic and international market opportuni4 ties, preparing and executing marketing plans, 

5 developing pricing strategies, locating contract 

6 opportunities, negotiating contracts, and using 

7 public relations and advertising techniques; and 

8 ‘‘(D) advice, including training and coun9 seling, for Reservists and the spouses of Reserv10 ists. 

11 ‘‘(4) APPLICATION.— 

12 ‘‘(A) IN GENERAL.—A private nonprofit 

13 organization desiring to receive financial assist14 ance under this subsection shall submit an ap15 plication to the Associate Administrator at such 

16 time and in such manner as the Associate Ad17 ministrator may require. 

18 ‘‘(B) 5-YEAR PLAN.—Each application de19 scribed in subparagraph (A) shall include a 5- 

20 year plan on proposed fundraising and training 

21 activities relating to the veterans’ business cen22 ter. 

23 ‘‘(C) DETERMINATION AND NOTIFICA24 TION.—Not later than 60 days after the date 

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1 mits an application under subparagraph (A), 

2 the Associate Administrator shall approve or 

3 deny the application and notify the applicant of 

4 the determination. 

5 ‘‘(D) AVAILABILITY OF APPLICATION.— 

6 The Associate Administrator shall make every 

7 effort to make the application under subpara8 graph (A) available online. 

9 ‘‘(5) ELIGIBILITY.—The Associate Adminis10 trator may select to receive financial assistance 

11 under this subsection— 

12 ‘‘(A) a Veterans Business Outreach Center 

13 established by the Administrator under section 

14 8(b)(17) on or before the day before the date 

15 of enactment of this subsection; 

16 ‘‘(B) a private nonprofit organization 

17 that— 

18 ‘‘(i) received financial assistance in 

19 fiscal year 2006 from the National Vet20 erans Business Development Corporation 

21 established under section 33; and 

22 ‘‘(ii) is in operation on the date of en23 actment of this subsection; or 

24 ‘‘(C) other private nonprofit organizations 

25 located in various regions of the United States, 


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1 as the Associate Administrator determines is 

2 appropriate. 

3 ‘‘(6) SELECTION CRITERIA.— 

4 ‘‘(A) IN GENERAL.—The Associate Admin5 istrator shall establish selection criteria, stated 

6 in terms of relative importance, to evaluate and 

7 rank applicants under paragraph (5)(C) for fi8 nancial assistance under this subsection. 

9 ‘‘(B) CRITERIA.—The selection criteria es10 tablished under this paragraph shall include— 

11 ‘‘(i) the experience of the applicant in 

12 conducting programs or ongoing efforts de13 signed to impart or upgrade the business 

14 skills of veterans, and the spouses of vet15 erans, who own or may own small business 

16 concerns; 

17 ‘‘(ii) for an applicant for initial finan18 cial assistance under this subsection— 

19 ‘‘(I) the ability of the applicant 

20 to begin operating a veterans’ busi21 ness center within a minimum amount 

22 of time; and 

23 ‘‘(II) the geographic region to be 

24 served by the veterans business cen25 ter; 


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1 ‘‘(iii) the demonstrated ability of the 

2 applicant to— 

3 ‘‘(I) provide managerial coun4 seling and technical assistance to en5 trepreneurs; and 

6 ‘‘(II) coordinate services provided 

7 by veterans services organizations and 

8 other public or private entities; and 

9 ‘‘(iv) for any applicant for a renewal 

10 of financial assistance under this sub11 section, the results of the most recent ex12 amination under paragraph (10) of the 

13 veterans’ business center operated by the 

14 applicant. 

15 ‘‘(C) CRITERIA PUBLICLY AVAILABLE.— 

16 The Associate Administrator shall— 

17 ‘‘(i) make publicly available the selec18 tion criteria established under this para19 graph; and 

20 ‘‘(ii) include the criteria in each solici21 tation for applications for financial assist22 ance under this subsection. 

23 ‘‘(7) AMOUNT OF ASSISTANCE.—The amount of 

24 financial assistance provided under this subsection 


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1 to a private nonprofit organization for each fiscal 

2 year shall be— 

3 ‘‘(A) not less than $150,000; and 

4 ‘‘(B) not more than $200,000. 

5 ‘‘(8) FEDERAL SHARE.— 

6 ‘‘(A) IN GENERAL.— 

7 ‘‘(i) INITIAL FINANCIAL ASSIST8 ANCE.—Except as provided in clause (ii), a 

9 private nonprofit organization that receives 

10 financial assistance under this subsection 

11 shall provide non-Federal contributions for 

12 the operation of the veterans business cen13 ter established by the private nonprofit or14 ganization in an amount equal to— 

15 ‘‘(I) in each of the first and sec16 ond years of the project, not less than 

17 33 percent of the amount of the fi18 nancial assistance received under this 

19 subsection; and 

20 ‘‘(II) in each of the third through 

21 fifth years of the project, not less 

22 than 50 percent of the amount of the 

23 financial assistance received under 

24 this subsection. 


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1 ‘‘(ii) RENEWALS.—A private nonprofit 

2 organization that receives a renewal of fi3 nancial assistance under this subsection 

4 shall provide non-Federal contributions for 

5 the operation of the veterans business cen6 ter established by the private nonprofit or7 ganization in an amount equal to not less 

8 than 50 percent of the amount of the fi9 nancial assistance received under this sub10 section . 

11 ‘‘(B) FORM OF NON-FEDERAL SHARE.— 

12 Not more than 50 percent of the non-Federal 

13 share for a project carried out using financial 

14 assistance under this subsection may be in the 

15 form of in-kind contributions. 

16 ‘‘(C) TIMING OF DISBURSEMENT.—The 

17 Associate Administrator may disburse not more 

18 than 25 percent of the financial assistance 

19 awarded to a private nonprofit organization be20 fore the private nonprofit organization obtains 

21 the non-Federal share required under this para22 graph with respect to that award. 

23 ‘‘(D) FAILURE TO OBTAIN NON-FEDERAL

24 FUNDING.— 


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1 ‘‘(i) IN GENERAL.—If a private non2 profit organization that receives financial 

3 assistance under this subsection fails to ob4 tain the non-Federal share required under 

5 this paragraph during any fiscal year, the 

6 private nonprofit organization may not re7 ceive a disbursement under this subsection 

8 in a subsequent fiscal year or a disburse9 ment for any other project funded by the 

10 Administration, unless the Administrator 

11 makes a written determination that the 

12 private nonprofit organization will be able 

13 to obtain a non-Federal contribution. 

14 ‘‘(ii) RESTORATION.—A private non15 profit organization prohibited from receiv16 ing a disbursement under clause (i) in a 

17 fiscal year may receive financial assistance 

18 in a subsequent fiscal year if the organiza19 tion obtains the non-Federal share re20 quired under this paragraph for the subse21 quent fiscal year. 

22 ‘‘(9) CONTRACT AUTHORITY.—A veterans’ busi23 ness center may enter into a contract with a Federal 

24 department or agency to provide specific assistance 

25 to veterans, service-disabled veterans, Reservists, or 


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1 the spouses of veterans, service-disabled veterans, or 

2 Reservists. Performance of such contract shall not 

3 hinder the veterans’ business center in carrying out 

4 the terms of the grant received by the veterans’ 

5 business centers from the Administrator. 

6 ‘‘(10) EXAMINATION AND DETERMINATION OF

7 VIABILITY.— 

8 ‘‘(A) EXAMINATION.— 

9 ‘‘(i) IN GENERAL.—The Associate Ad10 ministrator shall conduct an annual exam11 ination of the programs and finances of 

12 each veterans’ business center established 

13 or operated using financial assistance 

14 under this subsection. 

15 ‘‘(ii) FACTORS.—In conducting the ex16 amination under clause (i), the Associate 

17 Administrator shall consider whether the 

18 veterans business center has failed— 

19 ‘‘(I) to provide the information 

20 required to be provided under sub21 paragraph (B), or the information 

22 provided by the center is inadequate; 

23 ‘‘(II) the center has failed to 

24 comply with a requirement for partici25 pation in the veterans’ business center 


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1 program, as determined by the Assist2 ant Administrator, including— 

3 ‘‘(aa) failure to acquire or 

4 properly document a non-Federal 

5 share; 

6 ‘‘(bb) failure to establish an 

7 appropriate partnership or pro8 gram for marketing and outreach 

9 to small business concerns; 

10 ‘‘(cc) failure to achieve re11 sults described in a financial as12 sistance agreement; and 

13 ‘‘(dd) failure to provide to 

14 the Administrator a description 

15 of the amount and sources of any 

16 non-Federal funding received by 

17 the center; 

18 ‘‘(III) to carry out the 5-year 

19 plan under in paragraph (4)(B); or 

20 ‘‘(IV) to meet the eligibility re21 quirements under paragraph (5). 

22 ‘‘(B) INFORMATION PROVIDED.—In the 

23 course of an examination under subparagraph 

24 (A), the veterans’ business center shall provide 

25 to the Associate Administrator— 


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1 ‘‘(i) an itemized cost breakdown of ac2 tual expenditures for costs incurred during 

3 the most recent full fiscal year; 

4 ‘‘(ii) documentation of the amount of 

5 non-Federal contributions obtained and ex6 pended by the veterans’ business center 

7 during the most recent full fiscal year; and 

8 ‘‘(iii) with respect to any in-kind con9 tribution under paragraph (8)(B), verifica10 tion of the existence and valuation of such 

11 contributions. 

12 ‘‘(C) DETERMINATION OF VIABILITY.—The 

13 Associate Administrator shall analyze the re14 sults of each examination under this paragraph 

15 and, based on that analysis, make a determina16 tion regarding the viability of the programs and 

17 finances of each veterans’ business center. 

18 ‘‘(D) DISCONTINUATION OF FUNDING.— 

19 ‘‘(i) IN GENERAL.—The Associate Ad20 ministrator may discontinue an award of 

21 financial assistance to a private nonprofit 

22 organization at any time if the Associate 

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1 ter operated by that organization is not 

2 viable. 

3 ‘‘(ii) RESTORATION.—The Associate 

4 Administrator may continue to provide fi5 nancial assistance to a private nonprofit 

6 organization in a subsequent fiscal year if 

7 the Associate Administrator determines 

8 under subparagraph (C) that the veterans’ 

9 business center is viable. 

10 ‘‘(11) PRIVACY REQUIREMENTS.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), a veterans’ business center 

13 established or operated using financial assist14 ance provided under this subsection may not 

15 disclose the name, address, or telephone num16 ber of any individual or small business concern 

17 that receives advice from the veterans’ business 

18 center without the consent of the individual or 

19 small business concern. 

20 ‘‘(B) EXCEPTION.—A veterans’ business 

21 center may disclose information described in 

22 subparagraph (A)— 

23 ‘‘(i) if the Administrator or Associate 

24 Administrator is ordered to make such a 

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1 nal enforcement action initiated by a Fed2 eral or State agency; or 

3 ‘‘(ii) to the extent that the Adminis4 trator or Associate Administrator deter5 mines that such a disclosure is necessary 

6 to conduct a financial audit of a veterans’ 

7 business center. 

8 ‘‘(C) ADMINISTRATION USE OF INFORMA9 TION.—This paragraph does not— 

10 ‘‘(i) restrict access by the Adminis11 trator to program activity data; or 

12 ‘‘(ii) prevent the Administrator from 

13 using information not described in sub14 paragraph (A) to conduct surveys of indi15 viduals or small business concerns that re16 ceive advice from a veterans’ business cen17 ter. 

18 ‘‘(D) REGULATIONS.—The Administrator 

19 shall issue regulations to establish standards for 

20 requiring disclosures under subparagraph 

21 (B)(ii). 

22 ‘‘(12) REPORT.— 

23 ‘‘(A) IN GENERAL.—Not later than 60 

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1 mittee on Small Business and Entrepreneurship 

2 of the Senate and the Committee on Small 

3 Business of the House of Representatives a re4 port on the effectiveness of the veterans’ busi5 ness center program in each region during the 

6 most recent full fiscal year. 

7 ‘‘(B) CONTENTS.—Each report under this 

8 paragraph shall include, at a minimum, for 

9 each veterans’ business center established or 

10 operated using financial assistance provided 

11 under this subsection— 

12 ‘‘(i) the number of individuals receiv13 ing assistance from the veterans’ business 

14 center, including the number of such indi15 viduals who are— 

16 ‘‘(I) veterans or spouses of vet17 erans; 

18 ‘‘(II) service-disabled veterans or 

19 spouses of service-disabled veterans; 

20 or 

21 ‘‘(III) Reservists or spouses of 

22 Reservists; 

23 ‘‘(ii) the number of startup small 

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1 ceiving assistance from the veterans’ busi2 ness center, including— 

3 ‘‘(I) veterans or spouses of vet4 erans; 

5 ‘‘(II) service-disabled veterans or 

6 spouses of service-disabled veterans; 

7 or 

8 ‘‘(III) Reservists or spouses of 

9 Reservists; 

10 ‘‘(iii) the gross receipts of small busi11 ness concerns that receive advice from the 

12 veterans’ business center; 

13 ‘‘(iv) the employment increases or de14 creases of small business concerns that re15 ceive advice from the veterans’ business 

16 center; 

17 ‘‘(v) to the maximum extent prac18 ticable, the increases or decreases in prof19 its of small business concerns that receive 

20 advice from the veterans’ business center; 

21 and 

22 ‘‘(vi) the results of the examination of 

23 the veterans’ business center under para24 graph (10). 


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1 ‘‘(13) COORDINATION OF EFFORTS AND CON2 SULTATION.— 

3 ‘‘(A) COORDINATION AND CONSULTA4 TION.—To the extent practicable, the Associate 

5 Administrator and each private nonprofit orga6 nization that receives financial assistance under 

7 this subsection shall— 

8 ‘‘(i) coordinate outreach and other ac9 tivities with other programs of the Admin10 istration and the programs of other Fed11 eral agencies; 

12 ‘‘(ii) consult with technical representa13 tives of the district offices of the Adminis14 tration in carrying out activities using fi15 nancial assistance under this subsection; 

16 and 

17 ‘‘(iii) provide information to the vet18 erans business ownership representatives 

19 designated under subparagraph (B) and 

20 coordinate with the veterans business own21 ership representatives to increase the abil22 ity of the veterans business ownership rep23 resentatives to provide services throughout 

24 the area served by the veterans business 

25 ownership representatives. 


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1 ‘‘(B) VETERANS BUSINESS OWNERSHIP

2 REPRESENTATIVES.— 

3 ‘‘(i) DESIGNATION.—The Adminis4 trator shall designate not fewer than 1 in5 dividual in each district office of the Ad6 ministration as a veterans business owner7 ship representative, who shall communicate 

8 and coordinate activities of the district of9 fice with private nonprofit organizations 

10 that receive financial assistance under this 

11 subsection. 

12 ‘‘(ii) INITIAL DESIGNATION.—The 

13 first individual in each district office of the 

14 Administration designated by the Adminis15 trator as a veterans business ownership 

16 representative under clause (i) shall be an 

17 individual that is employed by the Admin18 istration on the date of enactment of this 

19 subsection. 

20 ‘‘(14) EXISTING CONTRACTS.—An award of fi21 nancial assistance under this subsection shall not 

22 void any contract between a private nonprofit orga23 nization and the Administration that is in effect on 

24 the date of such award. 


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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated— 

3 ‘‘(1) to carry out subsections (a) through (f), 

4 $2,000,000 for each of fiscal years 2010 through 

5 2012; and 

6 ‘‘(2) to carry out subsection (g)— 

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

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

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

10 (b) GAO REPORT.— 

11 (1) DEFINITIONS.—In this subsection— 

12 (A) the term ‘‘small business concern 

13 owned and controlled by veterans’’ has the 

14 meaning given that term in section 32(g) of the 

15 Small Business Act, as added by this section; 

16 and 

17 (B) the term ‘‘veterans’ business center 

18 program’’ means the veterans’ business center 

19 program established under section 32(g) of the 

20 Small Business Act, as added by this section. 

21 (2) REPORT.— 

22 (A) IN GENERAL.—Not later than 60 days 

23 after the end of the second fiscal year beginning 

24 after the date on which the veterans’ business 

25 center program is established, the Comptroller 


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1 General of the United States shall evaluate the 

2 effectiveness of the veterans’ business center 

3 program, and submit to Congress a report on 

4 the results of that evaluation. 

5 (B) CONTENTS.—The report submitted 

6 under subparagraph (A) shall include— 

7 (i) an assessment of— 

8 (I) the use of amounts made 

9 available to carry out the veterans’ 

10 business center program; 

11 (II) the effectiveness of the serv12 ices provided by each private non13 profit organization receiving financial 

14 assistance under the veterans’ busi15 ness center program; 

16 (III) whether the services de17 scribed in clause (ii) are duplicative of 

18 services provided by other veteran 

19 service organizations, programs of the 

20 Administration, or programs of an21 other Federal department or agency 

22 and, if so, recommendations regarding 

23 how to alleviate the duplication of the 

24 services; and 


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1 (IV) whether there are areas of 

2 the United States in which there are 

3 not adequate entrepreneurial services 

4 for small business concerns owned and 

5 controlled by veterans and, if so, 

6 whether there is a veterans’ business 

7 center established under the veterans’ 

8 business center program providing 

9 services to that area; and 

10 (ii) recommendations, if any, for im11 proving the veteran’s business center pro12 gram. 

13 SEC. 402. REPORTING REQUIREMENT FOR INTERAGENCY 

14 TASK FORCE. 

15 Section 32(c) of the Small Business Act (15 U.S.C. 

16 657b(c)) is amended by adding at the end the following: 

17 ‘‘(4) REPORT.—Not less frequently than twice 

18 each year, the Administrator shall submit to Con19 gress a report on the appointments made to and ac20 tivities of the task force.’’. 

21 SEC. 403. REPEAL AND RENEWAL OF GRANTS. 

22 (a) DEFINITION.—In this section, the term ‘‘covered 

23 grant, contract, or cooperative agreement’’ means a grant, 

24 contract, or cooperative agreement that was— 


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1 (1) made or entered into under section 8(b)(17) 

2 of the Small Business Act (15 U.S.C. 637(b)(17)); 

3 and 

4 (2) in effect on or before the date described in 

5 subsection (b)(2). 

6 (b) REPEAL.— 

7 (1) IN GENERAL.—Section 8(b) of the Small 

8 Business Act (15 U.S.C. 637(b)) is amended— 

9 (A) in paragraph (15), by adding ‘‘and’’ at 

10 the end; 

11 (B) in paragraph (16), by striking ‘‘; and’’ 

12 and inserting a period; and 

13 (C) by striking paragraph (17). 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by paragraph (1) shall take effect 60 days after the 

16 date of enactment of this Act. 

17 (c) TRANSITIONAL RULES.— 

18 (1) IN GENERAL.—Notwithstanding any other 

19 provision of law, a covered grant, contract, or coop20 erative agreement shall remain in full force and ef21 fect under the terms, and for the duration, of the 

22 covered grant, contract, or agreement. 

23 (2) ADDITIONAL REQUIREMENTS.—Any organi24 zation that was awarded or entered into a covered 

25 grant, contract, or cooperative agreement shall be 


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1 subject to the requirements of section 32(g) of the 

2 Small Business Act (15 U.S.C. 657b(g)) (as added 

3 by this Act). 

4 (d) RENEWAL OF FINANCIAL ASSISTANCE.—An or5 ganization that was awarded or entered into a covered 

6 grant, contract, or cooperative agreement may apply for 

7 a renewal of the grant, contract, or agreement under the 

8 terms and conditions described in section 32(g) of the 

9 Small Business Act (15 U.S.C. 657b(g)) (as added by this 

10 Act). 

11 TITLE V—PROGRAM FOR IN12 VESTMENT IN MICROENTRE13 PRENEURS 

14 SEC. 501. PRIME REAUTHORIZATION. 

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

16 amended— 

17 (1) by redesignating sections 37 through 44 as 

18 sections 38 through 45, respectively; and 

19 (2) by inserting after section 36 the following: 

20 ‘‘SEC. 37. PROGRAM FOR INVESTMENT IN MICROENTRE21 PRENEURS. 

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) ASSOCIATE ADMINISTRATOR.—The term 

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1 ministrator for Entrepreneurial Development of the 

2 Administration. 

3 ‘‘(2) CAPACITY BUILDING SERVICES.—The term 

4 ‘capacity building services’ means services provided 

5 to an organization that is, or that is in the process 

6 of becoming, a microenterprise development organi7 zation or program, for the purpose of enhancing the 

8 ability of the organization to provide training and 

9 services to disadvantaged entrepreneurs. 

10 ‘‘(3) COLLABORATIVE.—The term ‘collabo11 rative’ means 2 or more nonprofit entities that agree 

12 to act jointly as a qualified organization under this 

13 section. 

14 ‘‘(4) DISADVANTAGED ENTREPRENEUR.—The 

15 term ‘disadvantaged entrepreneur’ means a micro16 entrepreneur that— 

17 ‘‘(A) is a low-income person; 

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

19 ‘‘(C) lacks adequate access to capital or 

20 other resources essential for business success, 

21 or is economically disadvantaged, as determined 

22 by the Administrator. 

23 ‘‘(5) DISADVANTAGED NATIVE AMERICAN EN24 TREPRENEUR.—The term ‘disadvantaged Native 


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1 American entrepreneur’ means a disadvantaged en2 trepreneur who is also a member of an Indian Tribe. 

3 ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ 

4 has the meaning given that term in section 4(e) of 

5 the Indian Self-Determination and Education Assist6 ance Act (25 U.S.C. 450b(e)). 

7 ‘‘(7) INTERMEDIARY.—The term ‘intermediary’ 

8 means a private, nonprofit entity that seeks to serve 

9 microenterprise development organizations and pro10 grams, as authorized under subsection (d). 

11 ‘‘(8) LOW-INCOME PERSON.—The term ‘low-in12 come person’ means a person having an income, ad13 justed for family size, of not more than— 

14 ‘‘(A) for metropolitan areas, 80 percent of 

15 the area median income; and 

16 ‘‘(B) for nonmetropolitan areas, the great17 er of— 

18 ‘‘(i) 80 percent of the area median in19 come; or 

20 ‘‘(ii) 80 percent of the statewide non21 metropolitan area median income. 

22 ‘‘(9) MICROENTREPRENEUR.—The term ‘micro23 entrepreneur’ means the owner or developer of a mi24 croenterprise. 


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1 ‘‘(10) MICROENTERPRISE.—The term ‘microen2 terprise’ means a sole proprietorship, partnership, or 

3 corporation that— 

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

5 ‘‘(B) generally lacks access to conventional 

6 loans, equity, or other banking services. 

7 ‘‘(11) MICROENTERPRISE DEVELOPMENT ORGA8 NIZATION OR PROGRAM.—The term ‘microenterprise 

9 development organization or program’ means a non10 profit entity, or a program administered by such an 

11 entity, including community development corpora12 tions or other nonprofit development organizations 

13 and social service organizations, that provides serv14 ices to disadvantaged entrepreneurs. 

15 ‘‘(12) TRAINING AND TECHNICAL ASSIST16 ANCE.—The term ‘training and technical assistance’ 

17 means services and support provided to disadvan18 taged entrepreneurs, such as assistance for the pur19 pose of enhancing business planning, marketing, 

20 management, financial management skills, and as21 sistance for the purpose of accessing financial serv22 ices. 

23 ‘‘(13) QUALIFIED ORGANIZATION.—The term 

24 ‘qualified organization’ means— 


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1 ‘‘(A) a nonprofit microenterprise develop2 ment organization or program (or a group or 

3 collaborative thereof) that has a demonstrated 

4 record of delivering microenterprise services to 

5 disadvantaged entrepreneurs; 

6 ‘‘(B) an intermediary; 

7 ‘‘(C) a microenterprise development orga8 nization or program that is— 

9 ‘‘(i) accountable to a local community; 

10 and 

11 ‘‘(ii) working in conjunction with a 

12 State or local government or Indian tribe; 

13 or 

14 ‘‘(D) an Indian tribe acting on its own, if 

15 the Indian tribe certifies that no private organi16 zation or program referred to in this paragraph 

17 exists within its jurisdiction. 

18 ‘‘(14) VERY LOW-INCOME PERSON.—The term 

19 ‘very low-income person’ means an individual having 

20 an income, adjusted for family size, of not more 

21 than 150 percent of the poverty line (as defined in 

22 section 673(2) of the Community Services Block 

23 Grant Act (42 U.S.C. 9902(2)), including any revi24 sion required by that section). 


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1 ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Associate 

2 Administrator shall establish a microenterprise training 

3 and technical assistance and capacity building services 

4 grant program to provide grants to qualified organizations 

5 in accordance with this section. 

6 ‘‘(c) USES OF ASSISTANCE.—A qualified organization 

7 shall use a grant made under this section— 

8 ‘‘(1) to provide training and technical assist9 ance to disadvantaged entrepreneurs; 

10 ‘‘(2) to provide training and technical assist11 ance and capacity building services to microenter12 prise development organizations and programs and 

13 groups of such organizations and programs to assist 

14 such organizations and programs in developing mi15 croenterprise training and services; 

16 ‘‘(3) to aid in researching and developing the 

17 best practices in the field of microenterprise and 

18 training and technical assistance programs for dis19 advantaged entrepreneurs; 

20 ‘‘(4) to provide training and technical assist21 ance to disadvantaged Native American entre22 preneurs and prospective disadvantaged Native 

23 American entrepreneurs; and 


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1 ‘‘(5) for such other activities as the Associate 

2 Administrator determines are consistent with the 

3 purposes of this section. 

4 ‘‘(d) ALLOCATION OF GRANTS; SUBGRANTS.— 

5 ‘‘(1) ALLOCATION OF GRANTS.— 

6 ‘‘(A) IN GENERAL.—The Associate Admin7 istrator shall allocate assistance from the Ad8 ministration under this section to ensure that— 

9 ‘‘(i) not less than 75 percent of 

10 amounts made available to the Adminis11 trator for grants under this section are 

12 used for activities described in subsection 

13 (c)(1); and 

14 ‘‘(ii) not less than 15 percent of 

15 amounts made available to the Adminis16 trator for grants under this section are 

17 used for activities described in subsection 

18 (c)(2). 

19 ‘‘(B) LIMIT ON INDIVIDUAL ASSISTANCE.— 

20 No single person may receive more than 10 per21 cent of the total amounts made available for 

22 grants under this section for a single fiscal 

23 year. 

24 ‘‘(2) TARGETED ASSISTANCE.—The Associate 

25 Administrator shall ensure that not less than 50 


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1 percent of the total amounts made available for 

2 grants under this section are used to benefit very 

3 low-income persons, including very low-income per4 sons residing on Indian reservations. 

5 ‘‘(3) SUBGRANTS AUTHORIZED.— 

6 ‘‘(A) IN GENERAL.—A qualified organiza7 tion receiving a grant under this section may 

8 provide subgrants using that grant to qualified 

9 organizations that are small or emerging micro10 enterprises and programs, subject to such rules 

11 and regulations as the Associate Administrator 

12 determines are appropriate. 

13 ‘‘(B) LIMIT ON ADMINISTRATIVE EX14 PENSES.—Not more than 7.5 percent of the 

15 amount received by a qualified organization 

16 under a grant under this section may be used 

17 for administrative expenses in connection with 

18 the making of subgrants under subparagraph 

19 (A). 

20 ‘‘(4) DIVERSITY.—In making grants under this 

21 section, the Associate Administrator shall ensure 

22 that grant recipients include both large and small 

23 microenterprise organizations that serve urban, 

24 rural, and Indian tribal communities and diverse 

25 populations. 


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1 ‘‘(5) PROHIBITION ON PREFERENTIAL CONSID2 ERATION OF CERTAIN ADMINISTRATION PROGRAM

3 PARTICIPANTS.—In making grants under this sec4 tion, the Associate Administrator shall ensure that 

5 any application made by a qualified organization 

6 that is a participant in the program established 

7 under section 7(m) does not receive preferential con8 sideration over applications from other qualified or9 ganizations that are not participants in the program. 

10 ‘‘(e) FEDERAL SHARE.— 

11 ‘‘(1) IN GENERAL.—A qualified organization 

12 that receives a grant under this section shall provide 

13 non-Federal contributions to carry out the activities 

14 described in subsection (c) in an amount equal to 

15 not less than 50 percent of the amount of the grant 

16 received under this section. 

17 ‘‘(2) SOURCES OF NON-FEDERAL SHARE.—The 

18 non-Federal share of the cost of a project using a 

19 grant under this section may be in the form of fees, 

20 grants, gifts, funds from loan sources, or in-kind re21 sources of an applicant from public or private 

22 sources. 

23 ‘‘(3) EXCEPTION.— 

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1 sistance under this section has severe con2 straints on available sources of non-Federal 

3 funds, the Associate Administrator may reduce 

4 or eliminate the requirement under paragraph 

5 (1). 

6 ‘‘(B) LIMITATION.—Not more than 10 per7 cent of the total funds made available from the 

8 Administration in any fiscal year to carry out 

9 this section may be excepted under subpara10 graph (A) from the requirement under para11 graph (1). 

12 ‘‘(f) APPLICATIONS FOR ASSISTANCE.—An applica13 tion for a grant under this section shall be submitted in 

14 such form and in accordance with such procedures as the 

15 Associate Administrator shall establish. 

16 ‘‘(g) RECORDKEEPING AND REPORTING.— 

17 ‘‘(1) IN GENERAL.—Each qualified organization 

18 that receives a grant under this section shall— 

19 ‘‘(A) submit to the Administration not less 

20 frequently than once every 18-month period, fi21 nancial statements audited by an independent 

22 certified public accountant; 

23 ‘‘(B) submit an annual report to the Ad24 ministration on the activities of the qualified or25 ganization; and 


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1 ‘‘(C) keep such records as the Associate 

2 Administrator determines are necessary to dis3 close the manner in which amounts made avail4 able under a grant under this section are used. 

5 ‘‘(2) ACCESS.—Upon the request of the Asso6 ciate Administrator, the Associate Administrator 

7 shall have access to any record of any qualified orga8 nization that receives a grant under this section, for 

9 the purpose of determining compliance with this sec10 tion. 

11 ‘‘(3) DATA COLLECTION.—Each qualified orga12 nization that receives a grant under this section 

13 shall collect information relating to, as applicable— 

14 ‘‘(A) the number of individuals counseled 

15 or trained by the organization; 

16 ‘‘(B) the number of hours of counseling 

17 provided by the organization; 

18 ‘‘(C) the number of startup small business 

19 concerns formed with the assistance of the or20 ganization; 

21 ‘‘(D) the number of small business con22 cerns expanded with the assistance of the orga23 nization; 

24 ‘‘(E) the number of low-income individuals 

25 counseled or trained by the organization; and 


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1 ‘‘(F) the number of very low-income indi2 viduals counseled or trained by the organiza3 tion. 

4 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 

5 ‘‘(1) IN GENERAL.—There are authorized to be 

6 appropriated to the Administrator $15,000,000 for 

7 each of fiscal years 2010 through 2012 to carry out 

8 this section, which shall remain available until ex9 pended. 

10 ‘‘(2) CERTAIN PROGRAMS.—In addition to the 

11 amount authorized under paragraph (1), there are 

12 authorized to be appropriated to the Administrator 

13 $2,000,000 for each of fiscal years 2010 through 

14 2012 to carry out subsection (c)(4), which shall re15 main available until expended.’’. 

16 SEC. 502. CONFORMING REPEAL AND AMENDMENTS. 

17 (a) CONFORMING REPEAL.—Subtitle C of title I of 

18 the Riegle Community Development and Regulatory Im19 provement Act of 1994 (15 U.S.C. 6901 et seq.) is re20 pealed. 

21 (b) CONFORMING AMENDMENTS.—The Small Busi22 ness Act (15 U.S.C. 631 et seq.) is amended— 

23 (1) in section 38(d) (15 U.S.C. 657i(d)), as so 

24 redesignated, by striking ‘‘section 43’’ and inserting 

25 ‘‘section 44’’; 


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1 (2) in section 41(d) (15 U.S.C. 657l(d)), as so 

2 redesignated, by striking ‘‘section 43’’ and inserting 

3 ‘‘section 44’’; and 

4 (3) in section 42(b) (15 U.S.C. 657m(b)), as so 

5 redesignated, by striking ‘‘section 43’’ and inserting 

6 ‘‘section 44’’. 

7 SEC. 503. REFERENCES. 

8 All references in Federal law, other than section 504 

9 of this Act, to the ‘‘Program for Investment in Microentre10 preneurs Act of 1999’’ or the ‘‘PRIME Act’’ shall be 

11 deemed to be references to section 37 of the Small Busi12 ness Act, as added by this Act. 

13 SEC. 504. RULE OF CONSTRUCTION. 

14 Nothing in this title or the amendments made by this 

15 title shall affect any grant or assistance provided under 

16 the Program for Investment in Microentrepreneurs Act of 

17 1999 (15 U.S.C. 6901 et seq.), before the date of enact18 ment of this Act, and any such grant or assistance shall 

19 be subject to the Program for Investment in Microentre20 preneurs Act of 1999, as in effect on the day before the 

21 date of enactment of this Act. 

22 TITLE VI—OTHER PROVISIONS 

23 SEC. 601. INSTITUTIONS OF HIGHER EDUCATION. 

24 (a) IN GENERAL.—Section 21(a)(1) of the Small 

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1 ing ‘‘: Provided, That’’ and all that follows through ‘‘on 

2 such date.’’ and inserting the following: ‘‘. On and after 

3 December 31, 2010, the Administration may only make 

4 a grant under this paragraph to an applicant that is an 

5 institution of higher education, as defined in section 

6 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

7 1001(a)) that is accredited (and not merely in 

8 preaccreditation status) by a nationally recognized accred9 iting agency or association, recognized by the Secretary 

10 of Education for such purpose in accordance with section 

11 496 of that Act (20 U.S.C. 1099b), or to a women’s busi12 ness center operating pursuant to section 29 as a small 

13 business development center, unless the applicant was re14 ceiving financial assistance (including a contract or coop15 erative agreement) on December 31, 2010.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall take effect on December 31, 2010. 

18 SEC. 602. HEALTH INSURANCE OPTIONS INFORMATION FOR 

19 SMALL BUSINESS CONCERNS. 

20 (a) DEFINITIONS.—In this section— 

21 (1) the term ‘‘grant program’’ means the small 

22 business health insurance information grant pro23 gram established under subsection (b)(1); and 

24 (2) the term ‘‘resource partner’’ means— 


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1 (A) the association of small business devel2 opment centers authorized to be established 

3 under section 21(a)(3)(A) of the Small Busi4 ness Act (15 U.S.C. 648(a)(3)(A)); 

5 (B) the Association of Women’s Business 

6 Centers; 

7 (C) the Service Corps of Retired Execu8 tives authorized by section 8(b)(1)(B) of the 

9 Small Business Act (15 U.S.C. 637(b)(1)(B)); 

10 and 

11 (D) 1 veterans business center (as that 

12 term is used in section 32(g) of the Small Busi13 ness Act (15 U.S.C. 657b(g)), as added by this 

14 Act), as determined by the Associate Adminis15 trator for Entrepreneurial Development. 

16 (b) SMALL BUSINESS HEALTH INSURANCE INFOR17 MATION PROGRAM.— 

18 (1) PROGRAM ESTABLISHED.—The Adminis19 trator, acting through the Associate Administrator 

20 for Entrepreneurial Development, shall establish a 

21 program to make grants to resource partners to pro22 vide neutral and objective information and edu23 cational materials regarding health insurance op24 tions, including coverage options within the small 

25 group market, to small business concerns. 


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1 (2) GRANT RECIPIENTS.—The Associate Ad2 ministrator for Entrepreneurial Development shall 

3 make 1 grant to each of the resource partners. 

4 (3) GRANT AMOUNTS.—The grants made under 

5 this section shall— 

6 (A) be made from funds appropriated to 

7 the Administrator to carry out the activities of 

8 the Office of Entrepreneurial Development; and 

9 (B) not exceed a total amount of 

10 $5,000,000. 

11 (4) CONTRACT.—As a condition of receiving a 

12 grant under this section, each resource partner shall 

13 agree, by contract with the Administration— 

14 (A) to begin to use the funds in accordance 

15 with paragraph (5) not later than 1 year after 

16 the date on which the resource partner receives 

17 the grant; and 

18 (B) to return any funds that have not been 

19 used, if the Administrator determines that the 

20 resource partner is not carrying out the grant 

21 program activities under paragraph (5)(A). 

22 (5) USE OF FUNDS.— 

23 (A) GRANT PROGRAM ACTIVITIES.—A re24 source partner shall use funds provided under 

25 the grant program to create, in consultation 


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1 with the Associate Administrator for Entrepre2 neurial Development of the Administration— 

3 (i) an online training program; 

4 (ii) an online repository of health in5 surance information relevant to small busi6 ness concerns; 

7 (iii) a counseling curriculum that can 

8 be used in the physical location of the re9 source partner; and 

10 (iv) materials containing relevant in11 formation that can be disbursed to owners 

12 of small business concerns throughout the 

13 country. 

14 (B) CONTENT OF MATERIALS.— 

15 (i) IN GENERAL.—In creating mate16 rials under the grant program, a resource 

17 partner shall evaluate and incorporate rel18 evant portions of existing informational 

19 materials regarding health insurance op20 tions, including materials and resources 

21 developed by the National Association of 

22 Insurance Commissioners, the Kaiser Fam23 ily Foundation, and the Healthcare Lead24 ership Council. 


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1 (ii) HEALTH INSURANCE OPTIONS.— 

2 In incorporating information regarding 

3 health insurance options under clause (i), a 

4 resource partner shall provide neutral and 

5 objective information regarding health in6 surance options in the geographic area 

7 served by the resource partner, including 

8 traditional employer sponsored health in9 surance for the group insurance market, 

10 such as the health insurance options de11 scribed in section 2791 of the Public 

12 Health Services Act (42 U.S.C. 300gg–91) 

13 or section 125 of the Internal Revenue 

14 Code of 1986, and Federal and State 

15 health insurance programs. 

16 (c) REVIEW AND REPORT.— 

17 (1) REVIEW OF GRANT PROGRAM.—The Asso18 ciate Administrator for Entrepreneurial Develop19 ment shall conduct a review of the effectiveness of 

20 the grant program. 

21 (2) REPORT.—Not later than 2 years after the 

22 date on which all grants under the grant program 

23 are disbursed, the Associate Administrator for En24 trepreneurial Development shall submit to the Com25 mittee on Small Business and Entrepreneurship of 


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1 the Senate and the Committee on Small Business of 

2 the House of Representatives a report on the results 

3 of the review under paragraph (1). 

4 SEC. 603. NATIONAL SMALL BUSINESS DEVELOPMENT CEN5 TER ADVISORY BOARD. 

6 (a) IN GENERAL.—Section 21(i)(1) of the Small 

7 Business Act (15 U.S.C. 648(i)(1)) is amended— 

8 (1) in the first sentence, by striking ‘‘nine 

9 members’’ and inserting ‘‘10 members’’; 

10 (2) in the second sentence, by striking ‘‘six’’ 

11 and inserting ‘‘the members who are not from uni12 versities or their affiliates’’; 

13 (3) by striking the third sentence; and 

14 (4) in the fourth sentence, by inserting ‘‘not 

15 less than’’ before ‘‘one-third’’. 

16 (b) INCUMBENTS.—An individual serving as a mem17 ber of the Board on the date of enactment of this Act 

18 may continue to serve on the Board until the end of the 

19 term of the member under section 21(i)(1) of the Small 

20 Business Act (15 U.S.C. 648(i)(1)), as in effect on the 

21 day before such date of enactment. 

22 SEC. 604. PRIVACY REQUIREMENTS FOR SCORE CHAPTERS. 

23 Section 8 of the Small Business Act (15 U.S.C. 637) 

24 is amended by striking subsection (c) and inserting the 

25 following: 


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1 ‘‘(c) PRIVACY REQUIREMENTS.— 

2 ‘‘(1) IN GENERAL.—A chapter of the SCORE 

3 program authorized by subsection (b)(1) or an agent 

4 of such a chapter may not disclose the name, ad5 dress, or telephone number of any individual or 

6 small business concern receiving assistance from 

7 that chapter or agent without the consent of such in8 dividual or small business concern, unless— 

9 ‘‘(A) the Administrator is ordered to make 

10 such a disclosure by a court in any civil or 

11 criminal enforcement action initiated by a Fed12 eral or State agency; or 

13 ‘‘(B) the Administrator determines such a 

14 disclosure to be necessary for the purpose of 

15 conducting a financial audit of a chapter of the 

16 SCORE program authorized by subsection 

17 (b)(1), in which case disclosure shall be limited 

18 to the information necessary for such audit. 

19 ‘‘(2) ADMINISTRATOR USE OF INFORMATION.— 

20 This subsection shall not— 

21 ‘‘(A) restrict the access of the Adminis22 trator to program activity data; or 

23 ‘‘(B) prevent the Administrator from using 

24 client information to conduct client surveys. 

25 ‘‘(3) REGULATIONS.— 


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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall issue regulations to establish standards— 

3 ‘‘(i) for disclosures with respect to fi4 nancial audits under paragraph (1)(B); 

5 and 

6 ‘‘(ii) for client surveys under para7 graph (2)(B), including standards for over8 sight of such surveys and for dissemination 

9 and use of client information. 

10 ‘‘(B) MAXIMUM PRIVACY PROTECTION.— 

11 Regulations under this paragraph shall, to the 

12 extent practicable, provide for the maximum 

13 amount of privacy protection. 

14 ‘‘(C) INSPECTOR GENERAL.—Until the ef15 fective date of regulations under this para16 graph, any client survey and the use of such in17 formation shall be approved by the Inspector 

18 General of the Administration who shall include 

19 such approval in the semi-annual report of the 

20 Inspector General.’’. 

21 SEC. 605. NATIONAL SMALL BUSINESS SUMMIT. 

22 (a) IN GENERAL.—Not later than December 31, 

23 2012, the President shall convene a National Small Busi24 ness Summit to examine the present conditions and future 

25 of the community of small business concerns in the United 


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1 States. The summit shall include owners of small business 

2 concerns, representatives of small business groups, labor, 

3 academia, the Federal Government, State governments, 

4 Indian tribes, Federal research and development agencies, 

5 and nonprofit policy groups concerned with the issues of 

6 small business concerns. 

7 (b) REPORT.—Not later than 90 days after the date 

8 of the conclusion of the summit convened under subsection 

9 (a), the President shall issue a report on the results of 

10 the summit. The report shall identify key challenges and 

11 make recommendations for promoting entrepreneurship 

12 and the growth of small business concerns. 

13 SEC. 606. SCORE PROGRAM. 

14 (a) IN GENERAL.—Section 8(b)(1)(B) of the Small 

15 Business Act (15 U.S.C. 637(b)(1)(B)) is amended by 

16 striking ‘‘a Service Corps of Retired Executives 

17 (SCORE)’’ and inserting ‘‘the SCORE’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) IN GENERAL.—The Small Business Act (15 

20 U.S.C. 631 et seq.) is amended— 

21 (A) in section 7(m)(3)(A)(i)(VIII), by 

22 striking ‘‘Service Corps of Retired Executives’’ 

23 and inserting ‘‘SCORE’’; and 


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1 (B) in section 33(b)(2), by striking ‘‘Serv2 ice Corps of Retired Executives’’ and inserting 

3 ‘‘SCORE’’. 

4 (2) OTHER LAW.—Section 337(d)(2) of the En5 ergy Policy and Conservation Act (42 U.S.C. 

6 6307(d)(2)) is amended by striking ‘‘Service Corps 

7 of Retired Executives (SCORE)’’ and inserting 

8 ‘‘SCORE’’. 

9 (c) REFERENCES.—Any reference to the Service 

10 Corps of Retired Executives established under section 

11 8(b)(1)(B) of the Small Business Act (15 U.S.C. 

12 637(b)(1)(B)), as in effect on the day before the date of 

13 enactment of this Act, in any law, rule, regulation, certifi14 cate, directive, instruction, or other official paper shall be 

15 considered to refer to the SCORE established under sec16 tion 8(b)(1)(B) of the Small Business Act, as amended 

17 by this Act. 

18 SEC. 607. ASSISTANCE TO OUT-OF-STATE SMALL BUSI19 NESSES. 

20 Section 21(b)(3) of the Small Business Act (15 

21 U.S.C. 648(b)(3)) is amended— 

22 (1) by striking ‘‘(3) At the discretion’’ and in23 serting the following: 

24 ‘‘(3) ASSISTANCE TO OUT-OF-STATE SMALL BUSI25 NESSES.— 


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1 ‘‘(A) IN GENERAL.—At the discretion’’; and 

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

3 ‘‘(B) DISASTER RECOVERY ASSISTANCE.— 

4 ‘‘(i) IN GENERAL.—At the discretion of the 

5 Administrator, the Administrator may authorize 

6 a small business development center to provide 

7 assistance, as described in subsection (c), to 

8 small business concerns located outside of the 

9 State, without regard to geographic proximity, 

10 if the small business concerns are located in an 

11 area for which the President has declared a 

12 major disaster, as defined in section 102 of the 

13 Robert T. Stafford Disaster Relief and Emer14 gency Assistance Act (42 U.S.C. 5122), during 

15 the period of the declaration. 

16 ‘‘(ii) CONTINUITY OF SERVICES.—A small 

17 business development center that provides coun18 selors to an area described in clause (i) shall, 

19 to the maximum extent practicable, ensure con20 tinuity of services in any State in which the 

21 small business development center otherwise 

22 provides services. 

23 ‘‘(iii) ACCESS TO DISASTER RECOVERY FA24 CILITIES.—For purposes of this subparagraph, 

25 the Administrator shall, to the maximum extent 


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1 practicable, permit the personnel of a small 

2 business development center to use any site or 

3 facility designated by the Administrator for use 

4 to provide disaster recovery assistance.’’. 

5 SEC. 608. SMALL BUSINESS DEVELOPMENT CENTERS. 

6 (a) PORTABILITY GRANTS.—Section 21(a)(4)(C)(viii) 

7 of the Small Business Act (15 U.S.C. 648(a)(4)(C)(viii)) 

8 is amended— 

9 (1) in the first sentence— 

10 (A) by striking ‘‘From the funds appro11 priated pursuant to clause (vii)’’ and inserting 

12 ‘‘Of the amounts made available to carry out 

13 this subparagraph in each fiscal year’’; and 

14 (B) by striking ‘‘as a result of a business 

15 or government facility down sizing or closing, 

16 which has resulted in the loss of jobs or small 

17 business instability’’ and inserting ‘‘due to 

18 events that have resulted or will result in, the 

19 downsizing or closing of a business or govern20 ment facility’’; and 

21 (2) by adding at the end ‘‘The Administrator 

22 may make a grant under this clause that exceeds 

23 $100,000 to accommodate extraordinary events that 

24 the Administrator determines have had a cataVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6401 E:\BILLS\S1229.RS S1229

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1 strophic impact on small business concerns in a com2 munity.’’. 

3 (b) PURPOSES.—Section 21(a)(1) of the Small Busi4 ness Act (15 U.S.C. 648(a)(1)) is amended in the first 

5 sentence by adding ‘‘regulatory compliance and’’ after 

6 ‘‘counseling concerning’’. 

7 SEC. 609. EVALUATION OF PILOT PROGRAMS. 

8 (a) IN GENERAL.—Not later than 30 months after 

9 the date of disbursement of the first grant under a covered 

10 pilot program, the Comptroller General of the United 

11 States shall submit to the Committee on Small Business 

12 and Entrepreneurship of the Senate and the Committee 

13 on Small Business of the House of Representatives a re14 port evaluating the covered pilot program, including rec15 ommendations, if any, on possible improvements or modi16 fications to the covered pilot program, including the feasi17 bility of extending the covered pilot program to all small 

18 business development centers. 

19 (b) DEFINITION OF COVERED PILOT PROGRAM.—In 

20 this section, the term ‘‘covered pilot program’’ means a 

21 pilot program relating to small business development cen22 ters established under this Act or an amendment made 

23 by this Act. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Entrepreneurial Devel3 opment Act of 2009’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—REAUTHORIZATION 

Sec. 101. Reauthorization. 

TITLE II—WOMEN’S SMALL BUSINESS OWNERSHIP PROGRAMS 

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

Sec. 202. Women’s Business Center Program. 

Sec. 203. National Women’s Business Council. 

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

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

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

TITLE III—NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT 

PROGRAM 

Sec. 301. Short title. 

Sec. 302. Native American small business development program. 

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

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

TITLE IV—VETERANS’ BUSINESS CENTER PROGRAM 

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

Sec. 402. Reporting requirement for interagency task force. 

Sec. 403. Repeal and renewal of grants. 

TITLE V—PROGRAM FOR INVESTMENT IN MICROENTREPRENEURS 

Sec. 501. PRIME reauthorization. 

Sec. 502. Conforming repeal and amendments. 

Sec. 503. References. 

Sec. 504. Rule of construction. 

TITLE VI—OTHER PROVISIONS 

Sec. 601. Institutions of higher education. 

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

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

Sec. 604. Privacy requirements for SCORE chapters. 

Sec. 605. National small business summit. 

Sec. 606. SCORE program. 


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

Sec. 608. Small business development centers. 

Sec. 609. Evaluation of pilot programs. 

Sec. 610. Educating and networking entrepreneurs through technology. 

1 SEC. 3. DEFINITIONS. 

2 In this Act— 

3 (1) the terms ‘‘Administration’’ and ‘‘Adminis4 trator’’ mean the Small Business Administration and 

5 the Administrator thereof, respectively; 

6 (2) the term ‘‘small business concern’’ has the 

7 same meaning as in section 3 of the Small Business 

8 Act (15 U.S.C. 632); and 

9 (3) the term ‘‘small business development center’’ 

10 means a small business development center described 

11 in section 21 of the Small Business Act (15 U.S.C. 

12 648). 

13 TITLE I—REAUTHORIZATION 

14 SEC. 101. REAUTHORIZATION. 

15 (a) IN GENERAL.—Section 20 of the Small Business 

16 Act (15 U.S.C. 631 note) is amended— 

17 (1) by redesignating subsection (j) as subsection 

18 (f); and 

19 (2) by adding at the end the following: 

20 ‘‘(g) SCORE PROGRAM.—There are authorized to be 

21 appropriated to the Administrator to carry out the SCORE 

22 program authorized by section 8(b)(1) such sums as are necVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\S1229.RS S1229

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1 essary for the Administrator to make grants or enter into 

2 cooperative agreements for a total of— 

3 ‘‘(1) $10,000,000 in fiscal year 2010; 

4 ‘‘(2) $11,000,000 in fiscal year 2011; and 

5 ‘‘(3) $13,000,000 in fiscal year 2012.’’. 

6 (b) SMALL BUSINESS DEVELOPMENT CENTERS.—Sec7 tion 21(a)(4)(C)(vii) of the Small Business Act (15 U.S.C. 

8 648(a)(4)(C)(vii)) is amended to read as follows: 

9 ‘‘(vii) AUTHORIZATION OF APPROPRIA10 TIONS.—There are authorized to be appro11 priated to carry out this subparagraph— 

12 ‘‘(I) $150,000,000 for fiscal year 

13 2010; 

14 ‘‘(II) $155,000,000 for fiscal year 

15 2011; and 

16 ‘‘(III) $160,000,000 for fiscal year 

17 2012.’’. 

18 (c) PAUL D. COVERDELL DRUG-FREE WORKPLACE

19 PROGRAM.— 

20 (1) IN GENERAL.—Section 27(g) of the Small 

21 Business Act (15 U.S.C. 654(g)) is amended— 

22 (A) in paragraph (1), by striking ‘‘fiscal 

23 years 2005 and 2006’’ and inserting ‘‘fiscal 

24 years 2010 through 2012’’; and 


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1 (B) in paragraph (2), by striking ‘‘fiscal 

2 years 2005 and 2006’’ and inserting ‘‘fiscal 

3 years 2010 through 2012’’. 

4 (2) CONFORMING AMENDMENT.—Section 

5 21(c)(3)(T) of the Small Business Act (15 U.S.C. 

6 648(c)(3)(T)) is amended by striking ‘‘October 1, 

7 2006’’ and inserting ‘‘October 1, 2012’’. 

8 TITLE II—WOMEN’S SMALL BUSI9 NESS OWNERSHIP PROGRAMS 

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

11 (a) IN GENERAL.—Section 29(g) of the Small Business 

12 Act (15 U.S.C. 656(g)) is amended— 

13 (1) in paragraph (2)— 

14 (A) in subparagraph (B)(i), by striking ‘‘in 

15 the areas’’ and all that follows through the end 

16 of subclause (I), and inserting the following: ‘‘to 

17 address issues concerning the management, oper18 ations, manufacturing, technology, finance, retail 

19 and product sales, international trade, Govern20 ment contracting, and other disciplines required 

21 for— 

22 ‘‘(I) starting, operating, and in23 creasing the business of a small busi24 ness concern;’’; and 


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1 (B) in subparagraph (C), by inserting be2 fore the period at the end the following: ‘‘, the 

3 National Women’s Business Council, and any 

4 association of women’s business centers’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(3) TRAINING.—The Administrator may pro7 vide annual programmatic and financial oversight 

8 training for women’s business ownership representa9 tives and district office technical representatives of the 

10 Administration to enable representatives to carry out 

11 their responsibilities. 

12 ‘‘(4) PROGRAM AND TRANSPARENCY IMPROVE13 MENTS.—The Administrator shall maximize the 

14 transparency of the women’s business center financial 

15 assistance proposal process and the programmatic 

16 and financial oversight process by— 

17 ‘‘(A) providing public notice of the an18 nouncement for financial assistance under sub19 section (b) and grants under subsection (l) not 

20 later than the end of the first quarter of each fis21 cal year; 

22 ‘‘(B) in the announcement described in sub23 paragraph (A), outlining award and program 

24 evaluation criteria and describing the weighting 


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1 of the criteria for financial assistance under sub2 section (b) and grants under subsection (l); 

3 ‘‘(C) minimizing paperwork and reporting 

4 requirements for applicants for and recipients of 

5 financial assistance under this section; 

6 ‘‘(D) standardizing the oversight and review 

7 process of the Administration; and 

8 ‘‘(E) providing to each women’s business 

9 center, not later than 60 days after the comple10 tion of a site visit at the women’s business center 

11 (whether conducted for an audit, performance re12 view, or other reason), a copy of site visit reports 

13 and evaluation reports prepared by district office 

14 technical representatives or officers or employees 

15 of the Administration.’’. 

16 (b) CHANGE OF TITLE.— 

17 (1) IN GENERAL.—Section 29 of the Small Busi18 ness Act (15 U.S.C. 656) is amended— 

19 (A) in subsection (a)— 

20 (i) by striking paragraphs (1) and (4); 

21 (ii) by redesignating paragraphs (2) 

22 and (3) as paragraphs (4) and (5), respec23 tively; and 

24 (iii) by inserting before paragraph (4), 

25 as so redesignated, the following: 


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1 ‘‘(2) the term ‘Director’ means the Director of the 

2 Office of Women’s Business Ownership established 

3 under subsection (g);’’; 

4 (B) by striking ‘‘Assistant Administrator’’ 

5 each place it appears and inserting ‘‘Director’’; 

6 and 

7 (C) in subsection (g)(2), in the paragraph 

8 heading, by striking ‘‘ASSISTANT ADMINIS9 TRATOR’’ and inserting ‘‘DIRECTOR’’. 

10 (2) WOMEN’S BUSINESS OWNERSHIP ACT OF

11 1988.—Title IV of the Women’s Business Ownership 

12 Act of 1988 (15 U.S.C. 7101 et seq.) is amended— 

13 (A) in section 403(a)(2)(B), by striking 

14 ‘‘Assistant Administrator’’ and inserting ‘‘Direc15 tor’’; 

16 (B) in section 405, by striking ‘‘Assistant 

17 Administrator’’ and inserting ‘‘Director’’; and 

18 (C) in section 406(c), by striking ‘‘Assistant 

19 Administrator’’ and inserting ‘‘Director’’. 

20 SEC. 202. WOMEN’S BUSINESS CENTER PROGRAM. 

21 (a) WOMEN’S BUSINESS CENTER FINANCIAL ASSIST22 ANCE.—Section 29 of the Small Business Act (15 U.S.C. 

23 656) is amended— 

24 (1) in subsection (a)— 


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1 (A) by inserting before paragraph (2), as 

2 added by section 201(b), the following: 

3 ‘‘(1) the term ‘association of women’s business 

4 centers’ means an organization— 

5 ‘‘(A) that represents not less than 51 per6 cent of the women’s business centers that partici7 pate in a program under this section; and 

8 ‘‘(B) whose primary purpose is to represent 

9 women’s business centers;’’; 

10 (B) by inserting after paragraph (2), as 

11 added by section 201(b), the following: 

12 ‘‘(3) the term ‘eligible entity’ means— 

13 ‘‘(A) a private nonprofit organization; 

14 ‘‘(B) a State, regional, or local economic de15 velopment organization; 

16 ‘‘(C) a development, credit, or finance cor17 poration chartered by a State; 

18 ‘‘(D) a public or private institution of high19 er education (as that term is used in sections 

20 101 and 102 of the Higher Education Act of 

21 1965 (20 U.S.C. 1001 and 1002)); or 

22 ‘‘(E) any combination of entities listed in 

23 subparagraphs (A) through (D);’’; and 

24 (C) by adding after paragraph (5), as redes25 ignated by section 201(b), the following: 


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1 ‘‘(6) the term ‘women’s business center’ means a 

2 project conducted by an eligible entity under this sec3 tion;’’; 

4 (2) in subsection (b)— 

5 (A) by redesignating paragraphs (1), (2), 

6 and (3) as subparagraphs (A), (B), and (C), and 

7 adjusting the margins accordingly; 

8 (B) by striking ‘‘The Administration’’ and 

9 all that follows through ‘‘5-year project’’ and in10 serting the following: 

11 ‘‘(1) IN GENERAL.—The Administration may 

12 provide financial assistance to an eligible entity to 

13 conduct a project under this section’’; 

14 (C) by striking ‘‘The projects shall’’ and in15 serting the following: 

16 ‘‘(2) USE OF FUNDS.—The project shall be de17 signed to provide training and counseling that meets 

18 the needs of women, especially socially and economi19 cally disadvantaged women, and shall provide’’; and 

20 (D) by adding at the end the following: 

21 ‘‘(3) AMOUNT OF FINANCIAL ASSISTANCE.— 

22 ‘‘(A) IN GENERAL.—The Administrator 

23 may award financial assistance under this sub24 section of not less than $150,000 per year. 


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1 ‘‘(B) EQUAL ALLOCATIONS.—In the event 

2 that the Administration has insufficient funds to 

3 provide financial assistance of $150,000 for each 

4 recipient of financial assistance under this sub5 section in any fiscal year, available funds shall 

6 be allocated equally to recipients, unless a recipi7 ent requests a lower amount than the allocated 

8 amount. 

9 ‘‘(4) CONSULTATION WITH ASSOCIATIONS OF

10 WOMEN’S BUSINESS CENTERS.—The Administrator 

11 shall consult with each association of women’s busi12 ness centers to develop— 

13 ‘‘(A) a training program for the staff of 

14 women’s business centers and the Administra15 tion; and 

16 ‘‘(B) recommendations to improve the poli17 cies and procedures for governing the general op18 erations and administration of the Women’s 

19 Business Center program, including grant pro20 gram improvements under subsection (g)(5).’’; 

21 (3) in subsection (c)— 

22 (A) in paragraph (1) by striking ‘‘the re23 cipient organization’’ and inserting ‘‘an eligible 

24 entity’’; 


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1 (B) in paragraph (3), in the second sen2 tence, by striking ‘‘a recipient organization’’ and 

3 inserting ‘‘an eligible entity’’; 

4 (C) in paragraph (4)— 

5 (i) by striking ‘‘recipient’’ each place it 

6 appears and inserting ‘‘eligible entity’’; and 

7 (ii) by striking ‘‘such organization’’ 

8 and inserting ‘‘the eligible entity’’; and 

9 (D) by adding at end the following: 

10 ‘‘(5) SEPARATION OF PROJECT AND FUNDS.—An 

11 eligible entity shall— 

12 ‘‘(A) carry out a project under this section 

13 separately from other projects, if any, of the eli14 gible entity; and 

15 ‘‘(B) separately maintain and account for 

16 any financial assistance under this section.’’; 

17 (4) in subsection (e)— 

18 (A) by striking ‘‘applicant organization’’ 

19 and inserting ‘‘eligible entity’’; 

20 (B) by striking ‘‘a recipient organization’’ 

21 and inserting ‘‘an eligible entity’’; and 

22 (C) by striking ‘‘site’’; 

23 (5) by striking subsection (f) and inserting the 

24 following: 


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1 ‘‘(f) APPLICATIONS AND CRITERIA FOR INITIAL FINAN2 CIAL ASSISTANCE.— 

3 ‘‘(1) APPLICATION.—Each eligible entity desiring 

4 financial assistance under subsection (b) shall submit 

5 to the Administrator an application that contains— 

6 ‘‘(A) a certification that the eligible enti7 ty— 

8 ‘‘(i) has designated an executive direc9 tor or program manager, who may be com10 pensated from financial assistance under 

11 subsection (b) or other sources, to manage 

12 the center on a full-time basis; and 

13 ‘‘(ii) as a condition of receiving finan14 cial assistance under subsection (b), 

15 agrees— 

16 ‘‘(I) to receive a site visit by the 

17 Administrator as part of the final se18 lection process; 

19 ‘‘(II) to undergo an annual pro20 grammatic and financial review; and 

21 ‘‘(III) to the maximum extent 

22 practicable, to remedy any problems 

23 identified pursuant to the site visit or 

24 review under subclause (I) or (II); 


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1 ‘‘(iii) meets the accounting and report2 ing requirements established by the Director 

3 of the Office of Management and Budget; 

4 ‘‘(B) information demonstrating that the el5 igible entity has the ability and resources to meet 

6 the needs of the market to be served by the wom7 en’s business center for which financial assist8 ance under subsection (b) is sought, including 

9 the ability to obtain the non-Federal contribu10 tion required under subsection (c); 

11 ‘‘(C) information relating to the assistance 

12 to be provided by the women’s business center for 

13 which financial assistance under subsection (b) 

14 is sought in the area in which the women’s busi15 ness center site is located; 

16 ‘‘(D) information demonstrating the experi17 ence and effectiveness of the eligible entity in— 

18 ‘‘(i) conducting financial, manage19 ment, and marketing assistance programs, 

20 as described under subsection (b)(2), which 

21 are designed to teach or upgrade the busi22 ness skills of women who are business own23 ers or potential business owners; 

24 ‘‘(ii) providing training and services 

25 to a representative number of women who 


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1 are socially and economically disadvan2 taged; and 

3 ‘‘(iii) using resource partners of the 

4 Administration and other entities, such as 

5 universities; and 

6 ‘‘(E) a 5-year plan that describes the ability 

7 of the women’s business center for which finan8 cial assistance is sought— 

9 ‘‘(i) to serve women who are business 

10 owners or potential owners by conducting 

11 training and counseling activities; and 

12 ‘‘(ii) to provide training and services 

13 to a representative number of women who 

14 are socially and economically disadvan15 taged. 

16 ‘‘(2) ADDITIONAL INFORMATION.—The Adminis17 trator shall make any request for additional informa18 tion from an organization applying for financial as19 sistance under subsection (b) that was not requested 

20 in the original announcement in writing. 

21 ‘‘(3) REVIEW AND APPROVAL OF APPLICATIONS

22 FOR INITIAL FINANCIAL ASSISTANCE.— 

23 ‘‘(A) IN GENERAL.—The Administrator 

24 shall— 


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1 ‘‘(i) review each application submitted 

2 under paragraph (1), based on the informa3 tion described in such paragraph and the 

4 criteria set forth under subparagraph (B) of 

5 this paragraph; and 

6 ‘‘(ii) to the extent practicable, as part 

7 of the final selection process, conduct a site 

8 visit at each women’s business center for 

9 which financial assistance under subsection 

10 (b) is sought. 

11 ‘‘(B) SELECTION CRITERIA.— 

12 ‘‘(i) IN GENERAL.—The Administrator 

13 shall evaluate applicants for financial as14 sistance under subsection (b) in accordance 

15 with selection criteria that are— 

16 ‘‘(I) established before the date on 

17 which applicants are required to sub18 mit the applications; 

19 ‘‘(II) stated in terms of relative 

20 importance; and 

21 ‘‘(III) publicly available and stat22 ed in each solicitation for applications 

23 for financial assistance under sub24 section (b) made by the Administrator. 


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1 ‘‘(ii) REQUIRED CRITERIA.—The selec2 tion criteria for financial assistance under 

3 subsection (b) shall include— 

4 ‘‘(I) the experience of the appli5 cant in conducting programs or ongo6 ing efforts designed to teach or enhance 

7 the business skills of women who are 

8 business owners or potential business 

9 owners; 

10 ‘‘(II) the ability of the applicant 

11 to commence a project within a min12 imum amount of time; 

13 ‘‘(III) the ability of the applicant 

14 to provide training and services to a 

15 representative number of women who 

16 are socially and economically dis17 advantaged; and 

18 ‘‘(IV) the location for the women’s 

19 business center site proposed by the ap20 plicant, including whether the appli21 cant is located in a State in which 

22 there is not a women’s business center 

23 receiving funding from the Adminis24 tration. 


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1 ‘‘(C) PROXIMITY.—If the principal place of 

2 business of an applicant for financial assistance 

3 under subsection (b) is located less than 50 miles 

4 from the principal place of business of a women’s 

5 business center that received funds under this 

6 section on or before the date of the application, 

7 the applicant shall not be eligible for the finan8 cial assistance, unless the applicant submits a 

9 detailed written justification of the need for an 

10 additional center in the area in which the appli11 cant is located. 

12 ‘‘(D) RECORD RETENTION.—The Adminis13 trator shall maintain a copy of each application 

14 submitted under this subsection for not less than 

15 7 years.’’; and 

16 (6) in subsection (m), by striking paragraph (3) 

17 and inserting the following: 

18 ‘‘(3) APPLICATION AND APPROVAL FOR RENEWAL

19 GRANTS.— 

20 ‘‘(A) APPLICATION.—Each eligible entity 

21 desiring a grant under this subsection shall sub22 mit to the Administrator an application that 

23 contains— 

24 ‘‘(i) a certification that the appli25 cant— 


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1 ‘‘(I) is a private nonprofit organi2 zation; 

3 ‘‘(II) has designated a full-time 

4 executive director or program manager 

5 to manage the women’s business center 

6 operated by the applicant; and 

7 ‘‘(III) as a condition of receiving 

8 a grant under this subsection, agrees— 

9 ‘‘(aa) to receive a site visit as 

10 part of the final selection process; 

11 ‘‘(bb) to submit, for the 2 full 

12 fiscal years before the date on 

13 which the application is sub14 mitted, annual programmatic and 

15 financial review reports or cer16 tified copies of the compliance 

17 supplemental audits under OMB 

18 Circular A–133 of the applicant; 

19 and 

20 ‘‘(cc) to remedy any problem 

21 identified pursuant to the site 

22 visit or review under item (aa) or 

23 (bb); 

24 ‘‘(ii) information demonstrating that 

25 the applicant has the ability and resources 


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1 to meet the needs of the market to be served 

2 by the women’s business center for which a 

3 grant under this subsection is sought, in4 cluding the ability to ability to obtain the 

5 non-Federal contribution required under 

6 paragraph (4)(C); 

7 ‘‘(iii) information relating to assist8 ance to be provided by the women’s business 

9 center for which a grant under this sub10 section is sought in the area of the women’s 

11 business center site; 

12 ‘‘(iv) information demonstrating the 

13 use of resource partners of the Administra14 tion and other entities; 

15 ‘‘(v) a 3-year plan that describes the 

16 ability of the women’s business center for 

17 which a grant under this subsection is 

18 sought— 

19 ‘‘(I) to serve women who are busi20 ness owners or potential business own21 ers by conducting training and coun22 seling activities; and 

23 ‘‘(II) to provide training and 

24 services to a representative number of 


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1 women who are socially and economi2 cally disadvantaged; and 

3 ‘‘(vi) any additional information that 

4 the Administrator may reasonably require. 

5 ‘‘(B) REVIEW AND APPROVAL OF APPLICA6 TIONS FOR GRANTS.— 

7 ‘‘(i) IN GENERAL.—The Administrator 

8 shall— 

9 ‘‘(I) review each application sub10 mitted under subparagraph (A), based 

11 on the information described in such 

12 subparagraph and the criteria set forth 

13 under clause (ii) of this subparagraph; 

14 and 

15 ‘‘(II) whenever practicable, as 

16 part of the final selection process, con17 duct a site visit at each women’s busi18 ness center for which a grant under 

19 this subsection is sought. 

20 ‘‘(ii) SELECTION CRITERIA.— 

21 ‘‘(I) IN GENERAL.—The Adminis22 trator shall evaluate applicants for 

23 grants under this subsection in accord24 ance with selection criteria that are— 


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1 ‘‘(aa) established before the 

2 date on which applicants are re3 quired to submit the applications; 

4 ‘‘(bb) stated in terms of rel5 ative importance; and 

6 ‘‘(cc) publicly available and 

7 stated in each solicitation for ap8 plications for grants under this 

9 subsection made by the Adminis10 trator. 

11 ‘‘(II) REQUIRED CRITERIA.—The 

12 selection criteria for a grant under this 

13 subsection shall include— 

14 ‘‘(aa) the total number of en15 trepreneurs served by the appli16 cant; 

17 ‘‘(bb) the total number of 

18 new start-up companies assisted 

19 by the applicant; 

20 ‘‘(cc) the percentage of the 

21 clients of the applicant that are 

22 socially or economically disadvan23 taged; and 

24 ‘‘(dd) the percentage of indi25 viduals in the community served 


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1 by the applicant who are socially 

2 or economically disadvantaged. 

3 ‘‘(iii) CONDITIONS FOR CONTINUED

4 FUNDING.—In determining whether to make 

5 a grant under this subsection, the Adminis6 trator— 

7 ‘‘(I) shall consider the results of 

8 the most recent evaluation of the wom9 en’s business center for which a grant 

10 under this subsection is sought, and, to 

11 a lesser extent, previous evaluations; 

12 and 

13 ‘‘(II) may withhold a grant under 

14 this subsection, if the Administrator 

15 determines that the applicant has 

16 failed to provide the information re17 quired to be provided under this para18 graph, or the information provided by 

19 the applicant is inadequate. 

20 ‘‘(C) NOTIFICATION.—Not later than 60 

21 days after the date of the deadline to submit ap22 plications for each fiscal year, the Administrator 

23 shall approve or deny any application under 

24 this paragraph and notify the applicant for each 

25 such application. 


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1 ‘‘(D) RECORD RETENTION.—The Adminis2 trator shall maintain a copy of each application 

3 submitted under this paragraph for not less than 

4 7 years.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

7 amended— 

8 (1) in subsection (h)(2), by striking ‘‘to award a 

9 contract (as a sustainability grant) under subsection 

10 (l) or’’; 

11 (2) in subsection (j)(1), by striking ‘‘The Admin12 istration’’ and inserting ‘‘Not later than November 1st 

13 of each year, the Administrator’’; 

14 (3) in subsection (k)— 

15 (A) by striking paragraphs (1), (2), and 

16 (4); 

17 (B) by redesignating paragraph (3) as 

18 paragraph (5); and 

19 (C) by inserting before paragraph (5), as so 

20 redesignated, the following: 

21 ‘‘(1) IN GENERAL.—There are authorized to be 

22 appropriated to the Administration to carry out this 

23 section, to remain available until expended— 

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

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


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

2 ‘‘(2) ALLOCATION.—Of amounts made available 

3 pursuant to paragraph (1), the Administrator shall 

4 use not less than 50 percent for grants under sub5 section (l). 

6 ‘‘(3) USE OF AMOUNTS.—Amounts made avail7 able under this subsection may only be used for grant 

8 awards and may not be used for costs incurred by the 

9 Administration in connection with the management 

10 and administration of the program under this section. 

11 ‘‘(4) CONTINUING GRANT AND COOPERATIVE

12 AGREEMENT AUTHORITY.— 

13 ‘‘(A) IN GENERAL.—The authority of the 

14 Administrator to provide financial assistance 

15 under this section shall be in effect for each fiscal 

16 year only to the extent and in the amounts as 

17 are provided in advance in appropriations Acts. 

18 ‘‘(B) PROMPT DISBURSEMENT.—Upon re19 ceiving funds to carry out this section for a fis20 cal year, the Administrator shall, to the extent 

21 practicable, promptly reimburse funds to any 

22 women’s business center awarded financial as23 sistance under this section if the center meets the 

24 eligibility requirements under this section. 


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1 ‘‘(C) RENEWAL.—After the Administrator 

2 has entered into a grant or cooperative agree3 ment with any women’s business center under 

4 this section, the Administrator shall not suspend, 

5 terminate, or fail to renew or extend any such 

6 grant or cooperative agreement, unless the Ad7 ministrator— 

8 ‘‘(i) provides the women’s business cen9 ter with written notification setting forth 

10 the reasons for that action; and 

11 ‘‘(ii) affords the center an opportunity 

12 for a hearing, appeal, or other administra13 tive proceeding under chapter 5 of title 5, 

14 United States Code.’’; 

15 (4) in subsection (m)(4)(D), by striking ‘‘or sub16 section (l)’’; and 

17 (5) by redesignating subsections (m) and (n), as 

18 amended by this Act, as subsections (l) and (m), re19 spectively. 

20 SEC. 203. NATIONAL WOMEN’S BUSINESS COUNCIL. 

21 (a) MEMBERSHIP.—Section 407(f) of the Women’s 

22 Business Ownership Act of 1988 (15 U.S.C. 7107(f)) is 

23 amended by adding at the end the following: 

24 ‘‘(3) REPRESENTATION OF MEMBER ORGANIZA25 TIONS.—In consultation with the chairperson of the 


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1 Council and the Administrator, a national women’s 

2 business organization or small business concern that 

3 is represented on the Council may replace its rep4 resentative member on the Council during the service 

5 term to which that member was appointed.’’. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 410(a) of the Women’s Business Ownership Act of 1988 (15 

8 U.S.C. 7110(a)) is amended by striking ‘‘2001 through 

9 2003, of which $550,000’’ and inserting ‘‘2010 through 

10 2012, of which not less than 30 percent’’. 

11 SEC. 204. INTERAGENCY COMMITTEE ON WOMEN’S BUSI12 NESS ENTERPRISE. 

13 (a) CHAIRPERSON.—Section 403(b) of the Women’s 

14 Business Ownership Act of 1988 (15 U.S.C. 7103(b)) is 

15 amended— 

16 (1) by striking ‘‘Not later’’ and inserting the fol17 lowing: 

18 ‘‘(1) IN GENERAL.—Not later’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(2) VACANCY.—In the event that a chairperson 

21 is not appointed under paragraph (1), the Deputy 

22 Administrator of the Small Business Administration 

23 shall serve as acting chairperson of the Interagency 

24 Committee until a chairperson is appointed under 

25 paragraph (1).’’. 


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1 (b) POLICY ADVISORY GROUP.—Section 401 of the 

2 Women’s Business Ownership Act of 1988 (15 U.S.C. 7101) 

3 is amended— 

4 (1) by striking ‘‘There’’ and inserting the fol5 lowing: 

6 ‘‘(a) ESTABLISHMENT OF COMMITTEE.—There’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(b) POLICY ADVISORY GROUP.— 

9 ‘‘(1) ESTABLISHMENT.—There is established a 

10 Policy Advisory Group within the Interagency Com11 mittee to assist the chairperson in developing policies 

12 and programs under this Act. 

13 ‘‘(2) MEMBERSHIP.—The Policy Advisory Group 

14 shall be composed of 7 policy making officials, of 

15 whom— 

16 ‘‘(A) 1 shall be a representative of the Small 

17 Business Administration; 

18 ‘‘(B) 1 shall be a representative of the De19 partment of Commerce; 

20 ‘‘(C) 1 shall be a representative of the De21 partment of Labor; 

22 ‘‘(D) 1 shall be a representative of the De23 partment of Defense; 

24 ‘‘(E) 1 shall be a representative of the De25 partment of the Treasury; and 


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1 ‘‘(F) 2 shall be representatives of the Coun2 cil. 

3 ‘‘(3) MEETINGS.—The Policy Advisory Group es4 tablished under paragraph (1) shall meet not less fre5 quently than 3 times each year to— 

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

7 ‘‘(B) track year-to-date agency contracting 

8 activities; and 

9 ‘‘(C) evaluate the progress during the fiscal 

10 year and prepare an annual report.’’. 

11 SEC. 205. PRESERVING THE INDEPENDENCE OF THE NA12 TIONAL WOMEN’S BUSINESS COUNCIL. 

13 (a) FINDINGS.—Congress finds the following: 

14 (1) The National Women’s Business Council pro15 vides an independent source of advice and policy rec16 ommendations regarding women’s business develop17 ment and the needs of women entrepreneurs in the 

18 United States to— 

19 (A) the President; 

20 (B) Congress; 

21 (C) the Interagency Committee on Women’s 

22 Business Enterprise; and 

23 (D) the Administrator. 

24 (2) The members of the National Women’s Busi25 ness Council are small business owners, representaVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6203 E:\BILLS\S1229.RS S1229

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1 tives of business organizations, and representatives of 

2 women’s business centers. 

3 (3) The chairman and ranking member of the 

4 Committee on Small Business and Entrepreneurship 

5 of the Senate and the Committee on Small Business 

6 of the House of Representatives make recommenda7 tions to the Administrator to fill 8 of the positions on 

8 the National Women’s Business Council. Four of the 

9 positions are reserved for small business owners who 

10 are affiliated with the political party of the President, 

11 and 4 of the positions are reserved for small business 

12 owners who are not affiliated with the political party 

13 of the President. This method of appointment ensures 

14 that the National Women’s Business Council will pro15 vide Congress with nonpartisan, balanced, and inde16 pendent advice. 

17 (4) In order to maintain the independence of the 

18 National Women’s Business Council and to ensure 

19 that the Council continues to provide the President, 

20 the Interagency Committee on Women’s Business En21 terprise, the Administrator, and Congress with advice 

22 on a nonpartisan basis, it is essential that the Coun23 cil maintain the bipartisan balance established under 

24 section 407 of the Women’s Business Ownership Act 

25 of 1988 (15 U.S.C. 7107). 


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1 (b) MAINTENANCE OF PARTISAN BALANCE.—Section 

2 407(f) of the Women’s Business Ownership Act of 1988 (15 

3 U.S.C. 7107(f)), as amended by this Act, is amended by 

4 adding at the end the following: 

5 ‘‘(4) PARTISAN BALANCE.—When filling a va6 cancy under paragraph (1) of this subsection of a 

7 member appointed under paragraph (1) or (2) of sub8 section (b), the Administrator shall, to the extent 

9 practicable, ensure that there are an equal number of 

10 members on the Council from each of the 2 major po11 litical parties. 

12 ‘‘(5) ACCOUNTABILITY.—If a vacancy is not 

13 filled within the 30-day period required under para14 graph (1), or if there is an imbalance in the number 

15 of members on the Council from each of the 2 major 

16 political parties for a period exceeding 30 days, the 

17 Administrator shall submit a report, not later than 

18 10 days after the expiration of either such 30-day 

19 deadline, to the Committee on Small Business and 

20 Entrepreneurship of the Senate and the Committee on 

21 Small Business of the House of Representatives, that 

22 explains why the respective deadline was not met and 

23 provides an estimated date on which any vacancies 

24 will be filled, as applicable.’’. 


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1 SEC. 206. STUDY AND REPORT ON WOMEN’S BUSINESS CEN2 TERS. 

3 (a) IN GENERAL.—The Comptroller General of the 

4 United States shall conduct a broad study of the unique 

5 economic issues facing women’s business centers located in 

6 covered areas to identify— 

7 (1) the difficulties such centers face in raising 

8 non-Federal funds; 

9 (2) the difficulties such centers face competing 

10 for financial assistance, non-Federal funds, or other 

11 types of assistance; 

12 (3) the difficulties such centers face in writing 

13 grant proposals; and 

14 (4) other difficulties such centers face because of 

15 the economy in the type of covered area in which such 

16 centers are located. 

17 (b) REPORT.—Not later than 1 year after the date of 

18 enactment of this Act, the Comptroller General shall submit 

19 to Congress a report regarding the results of the study con20 ducted under subsection (a), which shall include rec21 ommendations, if any, regarding how to— 

22 (1) address the unique difficulties women’s busi23 ness centers located in covered areas face because of 

24 the type of covered area in which such centers are lo25 cated; 


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1 (2) expand the presence of, and increase the serv2 ices provided by, women’s business centers located in 

3 covered areas; and 

4 (3) best use technology and other resources to bet5 ter serve women business owners located in covered 

6 areas. 

7 (c) DEFINITION OF COVERED AREA.—In this section, 

8 the term ‘‘covered area’’ means— 

9 (1) any State that is predominantly rural, as 

10 determined by the Administrator; 

11 (2) any State that is predominantly urban, as 

12 determined by the Administrator; and 

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

14 TITLE III—NATIVE AMERICAN 

15 SMALL BUSINESS DEVELOP16 MENT PROGRAM 

17 SEC. 301. SHORT TITLE. 

18 This title may be cited as the ‘‘Native American Small 

19 Business Development Act of 2009’’. 

20 SEC. 302. NATIVE AMERICAN SMALL BUSINESS DEVELOP21 MENT PROGRAM. 

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

23 amended— 

24 (1) by redesignating section 44 as section 45; 

25 and 


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1 (2) by inserting after section 43 the following: 

2 ‘‘SEC. 44. NATIVE AMERICAN SMALL BUSINESS DEVELOP3 MENT PROGRAM. 

4 ‘‘(a) DEFINITIONS.—In this section— 

5 ‘‘(1) the term ‘Alaska Native’ has the meaning 

6 given the term ‘Native’ in section 3(b) of the Alaska 

7 Native Claims Settlement Act (43 U.S.C. 1602(b)); 

8 ‘‘(2) the term ‘Alaska Native corporation’ has the 

9 meaning given the term ‘Native Corporation’ in sec10 tion 3(m) of the Alaska Native Claims Settlement Act 

11 (43 U.S.C. 1602(m)); 

12 ‘‘(3) the term ‘Assistant Administrator’ means 

13 the Assistant Administrator of the Office of Native 

14 American Affairs established under subsection (b); 

15 ‘‘(4) the terms ‘center’ and ‘Native American 

16 business center’ mean a center established under sub17 section (c); 

18 ‘‘(5) the term ‘eligible applicant’ means— 

19 ‘‘(A) an Indian tribe; 

20 ‘‘(B) a tribal college; 

21 ‘‘(C) an Alaska Native corporation; or 

22 ‘‘(D) a private, nonprofit organization— 

23 ‘‘(i) that provides business and finan24 cial or procurement technical assistance to 


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1 any entity described in subparagraph (A), 

2 (B), or (C); and 

3 ‘‘(ii) the majority of members of the 

4 board of directors of which are members of 

5 an Indian tribe; or 

6 ‘‘(E) a small business development center, 

7 women’s business center, or other private organi8 zation participating in a joint project; 

9 ‘‘(6) the term ‘Indian’ means a member of an 

10 Indian tribe; 

11 ‘‘(7) the term ‘Indian tribe’ has the meaning 

12 given that term in section 4 of the Indian Self-Deter13 mination and Education Assistance Act (25 U.S.C. 

14 450b); 

15 ‘‘(8) the term ‘joint project’ means a project 

16 that— 

17 ‘‘(A) combines the resources and expertise of 

18 2 or more distinct entities at a physical location 

19 dedicated to assisting the Native American com20 munity; and 

21 ‘‘(B) submits to the Administration a joint 

22 application that contains— 

23 ‘‘(i) a certification that each partici24 pant of the project— 

25 ‘‘(I) is an eligible applicant; 


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1 ‘‘(II) employs an executive direc2 tor or program manager to manage the 

3 center; and 

4 ‘‘(ii) provides information dem5 onstrating a record of commitment to pro6 viding assistance to Native Americans and; 

7 ‘‘(iii) information demonstrating that 

8 the participants in the joint project have the 

9 ability and resources to meet the needs, in10 cluding the cultural needs, of the Native 

11 Americans to be served by the project; 

12 ‘‘(9) the term ‘Native American Business Enter13 prise Center’ means an entity providing business de14 velopment assistance to federally recognized tribes and 

15 Native Americans under a grant from the Minority 

16 Business Development Agency of the Department of 

17 Commerce; 

18 ‘‘(10) the term ‘Native American small business 

19 concern’ means a small business concern that is 

20 owned and controlled by— 

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

22 ‘‘(B) an Alaska Native or Alaska Native 

23 corporation; 


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1 ‘‘(11) the term ‘Native American small business 

2 development program’ means the program established 

3 under subsection (c); 

4 ‘‘(12) the term ‘tribal college’ has the meaning 

5 given the term ‘tribally controlled college or univer6 sity’ has in section 2(a)(4) of the Tribally Controlled 

7 Community College Assistance Act of 1978 (25 U.S.C. 

8 1801(a)(4)); and 

9 ‘‘(13) the term ‘tribal lands’ means all lands 

10 within the exterior boundaries of any Indian reserva11 tion. 

12 ‘‘(b) OFFICE OF NATIVE AMERICAN AFFAIRS.— 

13 ‘‘(1) ESTABLISHMENT.—There is established 

14 within the Administration the Office of Native Amer15 ican Affairs, which, under the direction of the Assist16 ant Administrator, shall implement the programs of 

17 the Administration for the development of business 

18 enterprises by Native Americans. 

19 ‘‘(2) PURPOSE.—The purpose of the Office of Na20 tive American Affairs is to assist Native American 

21 entrepreneurs to— 

22 ‘‘(A) start, operate, and increase the busi23 ness of small business concerns; 

24 ‘‘(B) develop management and technical 

25 skills; 


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1 ‘‘(C) seek Federal procurement opportuni2 ties; 

3 ‘‘(D) increase employment opportunities for 

4 Native Americans through the establishment and 

5 expansion of small business concerns; and 

6 ‘‘(E) increase the access of Native Ameri7 cans to capital markets. 

8 ‘‘(3) ASSISTANT ADMINISTRATOR.— 

9 ‘‘(A) APPOINTMENT.—The Administrator 

10 shall appoint a qualified individual to serve as 

11 Assistant Administrator of the Office of Native 

12 American Affairs in accordance with this para13 graph. 

14 ‘‘(B) QUALIFICATIONS.—The Assistant Ad15 ministrator appointed under subparagraph (A) 

16 shall have— 

17 ‘‘(i) knowledge of Native American cul18 ture; and 

19 ‘‘(ii) experience providing culturally 

20 tailored small business development assist21 ance to Native Americans. 

22 ‘‘(C) EMPLOYMENT STATUS.—The Adminis23 trator shall establish the position of Assistant 

24 Administrator as— 


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1 ‘‘(i) a position at GS–15 of the Gen2 eral Schedule; or 

3 ‘‘(ii) a Senior Executive Service posi4 tion to be filled by a noncareer appointee, 

5 as defined under section 3132(a)(7) of title 

6 5, United States Code. 

7 ‘‘(D) RESPONSIBILITIES AND DUTIES.—The 

8 Assistant Administrator shall— 

9 ‘‘(i) in consultation with the Associate 

10 Administrator for Entrepreneurial Develop11 ment, administer and manage the Native 

12 American Small Business Development pro13 gram established under this section; 

14 ‘‘(ii) recommend the annual adminis15 trative and program budgets for the Office 

16 of Native American Affairs; 

17 ‘‘(iii) consult with Native American 

18 business centers in carrying out the pro19 gram established under this section; 

20 ‘‘(iv) recommend appropriate funding 

21 levels; 

22 ‘‘(v) review the annual budgets sub23 mitted by each applicant for the Native 

24 American Small Business Development pro25 gram; 


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1 ‘‘(vi) select applicants to participate in 

2 the program under this section; 

3 ‘‘(vii) implement this section; and 

4 ‘‘(viii) maintain a clearinghouse for 

5 the dissemination and exchange of informa6 tion between Native American business cen7 ters. 

8 ‘‘(E) CONSULTATION REQUIREMENTS.—In 

9 carrying out the responsibilities and duties de10 scribed in this paragraph, the Assistant Admin11 istrator shall confer with and seek the advice 

12 of— 

13 ‘‘(i) officials of the Administration 

14 working in areas served by Native Amer15 ican business centers; 

16 ‘‘(ii) representatives of Indian tribes; 

17 ‘‘(iii) tribal colleges; and 

18 ‘‘(iv) Alaska Native corporations. 

19 ‘‘(c) NATIVE AMERICAN SMALL BUSINESS DEVELOP20 MENT PROGRAM.— 

21 ‘‘(1) AUTHORIZATION.— 

22 ‘‘(A) IN GENERAL.—The Administration, 

23 through the Office of Native American Affairs, 

24 shall provide financial assistance to eligible apVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6203 E:\BILLS\S1229.RS S1229

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1 plicants to create Native American business cen2 ters in accordance with this section. 

3 ‘‘(B) USE OF FUNDS.—The financial and 

4 resource assistance provided under this sub5 section shall be used to establish a Native Amer6 ican business center to overcome obstacles imped7 ing the creation, development, and expansion of 

8 small business concerns, in accordance with this 

9 section, by— 

10 ‘‘(i) reservation-based American Indi11 ans; and 

12 ‘‘(ii) Alaska Natives. 

13 ‘‘(2) 5-YEAR PROJECTS.— 

14 ‘‘(A) IN GENERAL.—Each Native American 

15 business center that receives assistance under 

16 paragraph (1)(A) shall conduct a 5-year project 

17 that offers culturally tailored business develop18 ment assistance in the form of— 

19 ‘‘(i) financial education, including 

20 training and counseling in— 

21 ‘‘(I) applying for and securing 

22 business credit and investment capital; 

23 ‘‘(II) preparing and presenting fi24 nancial statements; and 


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1 ‘‘(III) managing cash flow and 

2 other financial operations of a business 

3 concern; 

4 ‘‘(ii) management education, including 

5 training and counseling in planning, orga6 nizing, staffing, directing, and controlling 

7 each major activity and function of a small 

8 business concern; and 

9 ‘‘(iii) marketing education, including 

10 training and counseling in— 

11 ‘‘(I) identifying and segmenting 

12 domestic and international market op13 portunities; 

14 ‘‘(II) preparing and executing 

15 marketing plans; 

16 ‘‘(III) developing pricing strate17 gies; 

18 ‘‘(IV) locating contract opportuni19 ties; 

20 ‘‘(V) negotiating contracts; and 

21 ‘‘(VI) utilizing varying public re22 lations and advertising techniques. 

23 ‘‘(B) BUSINESS DEVELOPMENT ASSISTANCE

24 RECIPIENTS.—The business development assist25 ance under subparagraph (A) shall be offered to 


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1 prospective and current owners of small business 

2 concerns that are owned by— 

3 ‘‘(i) Indians or Indian tribes, and lo4 cated on or near tribal lands; or 

5 ‘‘(ii) Alaska Natives or Alaska Native 

6 corporations. 

7 ‘‘(3) FORM OF FEDERAL FINANCIAL ASSIST8 ANCE.— 

9 ‘‘(A) DOCUMENTATION.— 

10 ‘‘(i) IN GENERAL.—The financial as11 sistance to Native American business centers 

12 authorized under this subsection may be 

13 made by grant, contract, or cooperative 

14 agreement. 

15 ‘‘(ii) EXCEPTION.—Financial assist16 ance under this subsection to Alaska Native 

17 corporations may only be made by grant or 

18 cooperative agreement. 

19 ‘‘(B) PAYMENTS.— 

20 ‘‘(i) TIMING.—Payments made under 

21 this subsection may be disbursed in periodic 

22 installments, at the request of the recipient. 

23 ‘‘(ii) ADVANCE.—The Administrator 

24 may disburse not more than 25 percent of 

25 the annual amount of Federal financial asVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6203 E:\BILLS\S1229.RS S1229

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1 sistance awarded to a Native American 

2 small business center after notice of the 

3 award has been issued. 

4 ‘‘(C) FEDERAL SHARE.— 

5 ‘‘(i) IN GENERAL.— 

6 ‘‘(I) INITIAL FINANCIAL ASSIST7 ANCE.—Except as provided in sub8 clause (II), an eligible applicant that 

9 receives financial assistance under this 

10 subsection shall provide non-Federal 

11 contributions for the operation of the 

12 Native American business center estab13 lished by the eligible applicant in an 

14 amount equal to— 

15 ‘‘(aa) in each of the first and 

16 second years of the project, not 

17 less than 33 percent of the amount 

18 of the financial assistance received 

19 under this subsection; and 

20 ‘‘(bb) in each of the third 

21 through fifth years of the project, 

22 not less than 50 percent of the 

23 amount of the financial assistance 

24 received under this subsection. 


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1 ‘‘(II) RENEWALS.—An eligible ap2 plicant that receives a renewal of fi3 nancial assistance under this sub4 section shall provide non-Federal con5 tributions for the operation of a Native 

6 American business center established 

7 by the eligible applicant in an amount 

8 equal to not less than 50 percent of the 

9 amount of the financial assistance re10 ceived under this subsection. 

11 ‘‘(4) CONTRACT AND COOPERATIVE AGREEMENT

12 AUTHORITY.—A Native American business center may 

13 enter into a contract or cooperative agreement with a 

14 Federal department or agency to provide specific as15 sistance to Native American and other underserved 

16 small business concerns located on or near tribal 

17 lands, to the extent that such contract or cooperative 

18 agreement is consistent with and does not duplicate 

19 the terms of any assistance received by the Native 

20 American business center from the Administration. 

21 ‘‘(5) APPLICATION PROCESS.— 

22 ‘‘(A) SUBMISSION OF A 5-YEAR PLAN.— 

23 Each applicant for assistance under paragraph 

24 (1) shall submit a 5-year plan to the AdminisVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6203 E:\BILLS\S1229.RS S1229

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1 tration on proposed assistance and training ac2 tivities. 

3 ‘‘(B) CRITERIA.— 

4 ‘‘(i) IN GENERAL.—The Administrator 

5 shall evaluate applicants for financial as6 sistance under this subsection in accordance 

7 with selection criteria that are— 

8 ‘‘(I) established before the date on 

9 which eligible applicants are required 

10 to submit the applications; 

11 ‘‘(II) stated in terms of relative 

12 importance; and 

13 ‘‘(III) publicly available and stat14 ed in each solicitation for applications 

15 for financial assistance under this sub16 section made by the Administrator. 

17 ‘‘(ii) CONSIDERATIONS.—The criteria 

18 required by this subparagraph shall in19 clude— 

20 ‘‘(I) the experience of the appli21 cant in conducting programs or ongo22 ing efforts designed to impart or up23 grade the business skills of current or 

24 potential owners of Native American 

25 small business concerns; 


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1 ‘‘(II) the ability of the applicant 

2 to commence a project within a min3 imum amount of time; 

4 ‘‘(III) the ability of the applicant 

5 to provide quality training and serv6 ices to a significant number of Native 

7 Americans; 

8 ‘‘(IV) previous assistance from the 

9 Administration to provide services in 

10 Native American communities; 

11 ‘‘(V) the proposed location for the 

12 Native American business center, with 

13 priority given based on the proximity 

14 of the center to the population being 

15 served and to achieve a broad geo16 graphic dispersion of the centers; and 

17 ‘‘(VI) demonstrated experience in 

18 providing technical assistance, includ19 ing financial, marketing, and manage20 ment assistance. 

21 ‘‘(6) CONDITIONS FOR PARTICIPATION.—Each el22 igible applicant desiring a grant under this sub23 section shall submit an application to the Adminis24 trator that contains— 

25 ‘‘(A) a certification that the applicant— 


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1 ‘‘(i) is an eligible applicant; 

2 ‘‘(ii) employs an executive director or 

3 program manager to manage the Native 

4 American business center; and 

5 ‘‘(iii) agrees— 

6 ‘‘(I) to a site visit by the Admin7 istrator as part of the final selection 

8 process; 

9 ‘‘(II) to an annual programmatic 

10 and financial examination; and 

11 ‘‘(III) to the maximum extent 

12 practicable, to remedy any problems 

13 identified pursuant to that site visit or 

14 examination; 

15 ‘‘(B) information demonstrating that the 

16 applicant has the ability and resources to meet 

17 the needs, including cultural needs, of the Native 

18 Americans to be served by the grant; 

19 ‘‘(C) information relating to proposed as20 sistance that the grant will provide, including— 

21 ‘‘(i) the number of individuals to be as22 sisted; and 

23 ‘‘(ii) the number of hours of counseling, 

24 training, and workshops to be provided; 


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1 ‘‘(D) information demonstrating the effec2 tiveness and experience of the applicant in— 

3 ‘‘(i) conducting financial, manage4 ment, and marketing assistance programs 

5 designed to educate or improve the business 

6 skills of, current or prospective Native 

7 American business owners; 

8 ‘‘(ii) providing training and services 

9 to a representative number of Native Ameri10 cans; 

11 ‘‘(iii) using resource partners of the 

12 Administration and other entities, includ13 ing universities, Indian tribes, or tribal col14 leges; and 

15 ‘‘(iv) the prudent management of fi16 nances and staffing; 

17 ‘‘(E) the location where the applicant will 

18 provide training and services to Native Ameri19 cans; 

20 ‘‘(F) a 5-year plan that describes— 

21 ‘‘(i) the number of Native Americans 

22 and Native American small business con23 cerns to be served by the grant; 

24 ‘‘(ii) if the Native American business 

25 center is located in the continental United 


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1 States, the number of Native Americans to 

2 be served by the grant; and 

3 ‘‘(iii) the training and services to be 

4 provided to a representative number of Na5 tive Americans; and 

6 ‘‘(G) if the applicant is a joint project— 

7 ‘‘(i) a certification that each partici8 pant in the joint project is an eligible ap9 plicant; 

10 ‘‘(ii) information demonstrating a 

11 record of commitment to providing assist12 ance to Native Americans; and 

13 ‘‘(iii) information demonstrating that 

14 the participants in the joint project have the 

15 ability and resources to meet the needs, in16 cluding the cultural needs, of the Native 

17 Americans to be served by the grant. 

18 ‘‘(7) REVIEW OF APPLICATIONS.—The Adminis19 trator shall approve or disapprove each completed ap20 plication submitted under this subsection not later 

21 than 60 days after the date on which the eligible ap22 plicant submits the application. 

23 ‘‘(8) PROGRAM EXAMINATION.— 

24 ‘‘(A) IN GENERAL.—Each Native American 

25 business center established under this subsection 


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1 shall annually provide to the Administrator an 

2 itemized cost breakdown of actual expenditures 

3 made during the preceding year. 

4 ‘‘(B) ADMINISTRATION ACTION.—Based on 

5 information received under subparagraph (A), 

6 the Administration shall— 

7 ‘‘(i) develop and implement an annual 

8 programmatic and financial examination of 

9 each Native American business center as10 sisted pursuant to this subsection; and 

11 ‘‘(ii) analyze the results of each exam12 ination conducted under clause (i) to deter13 mine the programmatic and financial via14 bility of each Native American business cen15 ter. 

16 ‘‘(C) CONDITIONS FOR CONTINUED FUND17 ING.—In determining whether to renew a grant, 

18 contract, or cooperative agreement with a Native 

19 American business center, the Administration— 

20 ‘‘(i) shall consider the results of the 

21 most recent examination of the center under 

22 subparagraph (B), and, to a lesser extent, 

23 previous examinations; and 

24 ‘‘(ii) may withhold such renewal, if the 

25 Administrator determines that— 


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1 ‘‘(I) the center has failed to pro2 vide the information required to be 

3 provided under subparagraph (A), or 

4 the information provided by the center 

5 is inadequate; 

6 ‘‘(II) the center has failed to pro7 vide adequate information required to 

8 be provided by the center for purposes 

9 of the report of the Administrator 

10 under subparagraph (E); 

11 ‘‘(III) the center has failed to 

12 comply with a requirement for partici13 pation in the Native American small 

14 business development program, as de15 termined by the Administrator, includ16 ing— 

17 ‘‘(aa) failure to acquire or 

18 properly document a non-Federal 

19 share; 

20 ‘‘(bb) failure to establish an 

21 appropriate partnership or pro22 gram for marketing and outreach 

23 to reach new Native American 

24 small business concerns; 


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1 ‘‘(cc) failure to achieve re2 sults described in a financial as3 sistance agreement; and 

4 ‘‘(dd) failure to provide to 

5 the Administrator a description of 

6 the amount and sources of any 

7 non-Federal funding received by 

8 the center; 

9 ‘‘(IV) the center has failed to 

10 carry out the 5-year plan under in 

11 paragraph (6)(F); or 

12 ‘‘(V) the center cannot make the 

13 certification described in paragraph 

14 (6)(A). 

15 ‘‘(D) CONTINUING CONTRACT AND COOPERA16 TIVE AGREEMENT AUTHORITY.— 

17 ‘‘(i) IN GENERAL.—The authority of 

18 the Administrator to enter into contracts or 

19 cooperative agreements in accordance with 

20 this subsection shall be in effect for each fis21 cal year only to the extent and in the 

22 amounts as are provided in advance in ap23 propriations Acts. 

24 ‘‘(ii) RENEWAL.—After the Adminis25 trator has entered into a contract or cooperVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6203 E:\BILLS\S1229.RS S1229

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1 ative agreement with any Native American 

2 business center under this subsection, the 

3 Administrator may not suspend, terminate, 

4 or fail to renew or extend any such contract 

5 or cooperative agreement unless the Admin6 istrator provides the center with written no7 tification setting forth the reasons therefor 

8 and affords the center an opportunity for a 

9 hearing, appeal, or other administrative 

10 proceeding under chapter 5 of title 5, 

11 United States Code. 

12 ‘‘(E) MANAGEMENT REPORT.— 

13 ‘‘(i) IN GENERAL.—The Administra14 tion shall prepare and submit to the Com15 mittee on Small Business and Entrepre16 neurship of the Senate and the Committee 

17 on Small Business of the House of Rep18 resentatives an annual report on the effec19 tiveness of all projects conducted by Native 

20 American business centers under this sub21 section and any pilot programs adminis22 tered by the Office of Native American Af23 fairs. 

24 ‘‘(ii) CONTENTS.—Each report sub25 mitted under clause (i) shall include, with 


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1 respect to each Native American business 

2 center receiving financial assistance under 

3 this subsection— 

4 ‘‘(I) the number of individuals re5 ceiving assistance from the Native 

6 American business center; 

7 ‘‘(II) the number of startup busi8 ness concerns created with the assist9 ance of the Native American business 

10 center; 

11 ‘‘(III) the number of existing busi12 nesses in the area served by the Native 

13 American business center seeking to ex14 pand employment; 

15 ‘‘(IV) the number of jobs created 

16 or maintained, on an annual basis, by 

17 Native American small business con18 cerns assisted by the center since re19 ceiving funding under this Act; 

20 ‘‘(V) to the maximum extent prac21 ticable, the amount of the capital in22 vestment and loan financing used by 

23 emerging and expanding businesses 

24 that were assisted by a Native Amer25 ican business center; and 


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1 ‘‘(VI) the most recent examina2 tion, as required under subparagraph 

3 (B), and the determination made by 

4 the Administration under that sub5 paragraph. 

6 ‘‘(9) ANNUAL REPORT.—Each Native American 

7 business center receiving financial assistance under 

8 this subsection shall submit to the Administrator an 

9 annual report on the services provided with the finan10 cial assistance, including— 

11 ‘‘(A) the number of individuals assisted, 

12 categorized by ethnicity; 

13 ‘‘(B) the number of hours spent providing 

14 counseling and training for those individuals; 

15 ‘‘(C) the number of startup small business 

16 concerns created or maintained with the assist17 ance of the Native American business center; 

18 ‘‘(D) the gross receipts of small business 

19 concerns assisted by the Native American busi20 ness center; 

21 ‘‘(E) the number of jobs created or main22 tained by small business concerns assisted by the 

23 Native American business center; and 

24 ‘‘(F) the number of jobs for Native Ameri25 cans created or maintained at small business 


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1 concerns assisted by the Native American busi2 ness center. 

3 ‘‘(10) RECORD RETENTION.— 

4 ‘‘(A) APPLICATIONS.—The Administrator 

5 shall maintain a copy of each application sub6 mitted under this subsection for not less than 7 

7 years. 

8 ‘‘(B) ANNUAL REPORTS.—The Adminis9 trator shall maintain copies of the certification 

10 submitted under paragraph (6)(A) indefinitely. 

11 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated $10,000,000 for each of fiscal 

13 years 2010 through 2012, to carry out the Native American 

14 Small Business Development program.’’. 

15 SEC. 303. STUDY AND REPORT ON NATIVE AMERICAN BUSI16 NESS CENTERS. 

17 (a) IN GENERAL.—The Comptroller General of the 

18 United States shall conduct a broad study of the unique 

19 economic issues facing Native American business centers to 

20 identify— 

21 (1) the difficulties such centers face in raising 

22 non-Federal funds; 

23 (2) the difficulties such centers face competing 

24 for financial assistance, non-Federal funds, or other 

25 types of assistance; 


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1 (3) the difficulties such centers face in writing 

2 grant proposals; and 

3 (4) other difficulties such centers face because of 

4 the economy in the area in which such centers are lo5 cated. 

6 (b) REPORT.—Not later than 1 year after the date of 

7 enactment of this Act, the Comptroller General shall submit 

8 to Congress a report regarding the results of the study con9 ducted under subsection (a), which shall include rec10 ommendations, if any, regarding how to— 

11 (1) address the unique difficulties Native Amer12 ican business centers face because of the type of area 

13 in which such centers are located; 

14 (2) expand the presence of, and increase the serv15 ices provided by, Native American business centers; 

16 and 

17 (3) best use technology and other resources to bet18 ter serve Native American business owners. 

19 (c) DEFINITION OF NATIVE AMERICAN BUSINESS CEN20 TER.—In this section, the term ‘‘Native American business 

21 center’’ has the meaning given that term in section 44(a) 

22 of the Small Business Act, as added by this Act. 


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1 SEC. 304. OFFICE OF NATIVE AMERICAN AFFAIRS PILOT 

2 PROGRAM. 

3 (a) DEFINITION.—In this section, the term ‘‘Indian 

4 tribe’’ means any band, nation, or organized group or com5 munity of Indians located in the contiguous United States, 

6 and the Metlakatla Indian Community, whose members are 

7 recognized as eligible for the services provided to Indians 

8 by the Secretary of the Interior because of their status as 

9 Indians. 

10 (b) AUTHORIZATION.—The Office of Native American 

11 Affairs of the Administration may conduct a pilot pro12 gram— 

13 (1) to develop and publish a self-assessment tool 

14 for Indian tribes that will allow such tribes to evalu15 ate and implement best practices for economic devel16 opment; and 

17 (2) to provide assistance to Indian tribes, 

18 through an interagency working group, in identifying 

19 and implementing economic development opportuni20 ties available from the Federal Government and pri21 vate enterprise, including— 

22 (A) the Administration; 

23 (B) the Department of Energy; 

24 (C) the Environmental Protection Agency; 

25 (D) the Department of Commerce; 


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1 (E) the Federal Communications Commis2 sion; 

3 (F) the Department of Justice; 

4 (G) the Department of Labor; 

5 (H) the Office of National Drug Control 

6 Policy; and 

7 (I) the Department of Agriculture. 

8 (c) TERMINATION OF PROGRAM.—The authority to 

9 conduct a pilot program under this section shall terminate 

10 on September 30, 2012. 

11 (d) REPORT.—Not later than September 30, 2012, the 

12 Office of Native American Affairs shall submit a report to 

13 the Committee on Small Business and Entrepreneurship of 

14 the Senate and the Committee on Small Business of the 

15 House of Representatives regarding the effectiveness of the 

16 self-assessment tool developed under subsection (b)(1). 

17 TITLE IV—VETERANS’ BUSINESS 

18 CENTER PROGRAM 

19 SEC. 401. VETERANS’ BUSINESS CENTER PROGRAM; OFFICE 

20 OF VETERANS BUSINESS DEVELOPMENT. 

21 (a) IN GENERAL.—Section 32 of the Small Business 

22 Act (15 U.S.C. 657b) is amended by striking subsection (f) 

23 and inserting the following: 

24 ‘‘(f) ONLINE COORDINATION.— 


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1 ‘‘(1) DEFINITION.—In this subsection, the term 

2 ‘veterans’ assistance provider’ means— 

3 ‘‘(A) a veterans’ business center established 

4 under subsection (g); 

5 ‘‘(B) an employee of the Administration as6 signed to the Office of Veterans Business Devel7 opment; and 

8 ‘‘(C) a veterans business ownership rep9 resentative designated under subsection 

10 (g)(13)(B). 

11 ‘‘(2) ESTABLISHMENT.—The Associate Adminis12 trator shall establish an online mechanism to— 

13 ‘‘(A) provide information that assists vet14 erans’ assistance providers in carrying out the 

15 activities of the veterans’ assistance providers; 

16 and 

17 ‘‘(B) coordinate and leverage the work of the 

18 veterans’ assistance providers, including by al19 lowing a veterans’ assistance provider to— 

20 ‘‘(i) distribute best practices and other 

21 materials; 

22 ‘‘(ii) communicate with other veterans’ 

23 assistance providers regarding the activities 

24 of the veterans’ assistance provider on behalf 

25 of veterans; and 


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1 ‘‘(iii) pose questions to and request 

2 input from other veterans’ assistance pro3 viders. 

4 ‘‘(g) VETERANS’ BUSINESS CENTER PROGRAM.— 

5 ‘‘(1) DEFINITIONS.—In this subsection— 

6 ‘‘(A) the term ‘active duty’ has the meaning 

7 given that term in section 101 of title 10, United 

8 States Code; 

9 ‘‘(B) the term ‘private nonprofit organiza10 tion’ means an entity that is described in section 

11 501(c) of the Internal Revenue Code of 1986 and 

12 exempt from taxation under section 501(a) of 

13 such Code; 

14 ‘‘(C) the term ‘Reservist’ means a member 

15 of a reserve component of the Armed Forces, as 

16 described in section 10101 of title 10, United 

17 States Code; 

18 ‘‘(D) the term ‘Service Corps of Retired Ex19 ecutives’ means the Service Corps of Retired Ex20 ecutives authorized under section 8(b)(1); 

21 ‘‘(E) the term ‘small business concern 

22 owned and controlled by veterans’— 

23 ‘‘(i) has the same meaning as in sec24 tion 3(q); and 


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1 ‘‘(ii) includes a small business con2 cern— 

3 ‘‘(I) not less than 51 percent of 

4 which is owned by one or more spouses 

5 of veterans or, in the case of any pub6 licly owned business, not less than 51 

7 percent of the stock of which is owned 

8 by one or more spouses of veterans; and 

9 ‘‘(II) the management and daily 

10 business operations of which are con11 trolled by one or more spouses of vet12 erans; 

13 ‘‘(F) the term ‘spouse’, relating to a veteran, 

14 service-disabled veteran, or Reservist, includes an 

15 individual who is the spouse of a veteran, serv16 ice-disabled veteran, or Reservist on the date on 

17 which the veteran, service-disabled veteran, or 

18 Reservist died; 

19 ‘‘(G) the term ‘veterans’ business center pro20 gram’ means the program established under 

21 paragraph (2)(A); and 

22 ‘‘(H) the term ‘women’s business center’ 

23 means a women’s business center described in 

24 section 29. 

25 ‘‘(2) PROGRAM ESTABLISHED.— 


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1 ‘‘(A) IN GENERAL.—The Administrator, act2 ing through the Associate Administrator, shall 

3 establish a veterans’ business center program, 

4 under which the Associate Administrator may 

5 provide financial assistance to a private non6 profit organization to conduct a 5-year project 

7 for the benefit of small business concerns owned 

8 and controlled by veterans, which may be re9 newed for one or more additional 5-year periods. 

10 ‘‘(B) FORM OF FINANCIAL ASSISTANCE.— 

11 Financial assistance under this subsection may 

12 be in the form of a grant, a contract, or a coop13 erative agreement. 

14 ‘‘(3) VETERANS’ BUSINESS CENTERS.—Each pri15 vate nonprofit organization that receives financial as16 sistance under this subsection shall establish or oper17 ate a veterans’ business center (which may include es18 tablishing or operating satellite offices in the region 

19 described in paragraph (5) served by that private 

20 nonprofit organization) that provides to veterans (in21 cluding service-disabled veterans), Reservists, and the 

22 spouses of veterans (including service-disabled vet23 erans) and Reservists— 

24 ‘‘(A) financial advice, including training 

25 and counseling on applying for and securing 


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1 business credit and investment capital, pre2 paring and presenting financial statements, and 

3 managing cash flow and other financial oper4 ations of a small business concern; 

5 ‘‘(B) management advice, including train6 ing and counseling on the planning, organiza7 tion, staffing, direction, and control of each 

8 major activity and function of a small business 

9 concern; 

10 ‘‘(C) marketing advice, including training 

11 and counseling on identifying and segmenting 

12 domestic and international market opportuni13 ties, preparing and executing marketing plans, 

14 developing pricing strategies, locating contract 

15 opportunities, negotiating contracts, and using 

16 public relations and advertising techniques; and 

17 ‘‘(D) advice, including training and coun18 seling, for Reservists and the spouses of Reserv19 ists. 

20 ‘‘(4) APPLICATION.— 

21 ‘‘(A) IN GENERAL.—A private nonprofit or22 ganization desiring to receive financial assist23 ance under this subsection shall submit an appli24 cation to the Associate Administrator at such 


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1 time and in such manner as the Associate Ad2 ministrator may require. 

3 ‘‘(B) 5-YEAR PLAN.—Each application de4 scribed in subparagraph (A) shall include a 5- 

5 year plan on proposed fundraising and training 

6 activities relating to the veterans’ business cen7 ter. 

8 ‘‘(C) DETERMINATION AND NOTIFICATION.— 

9 Not later than 60 days after the date on which 

10 a private nonprofit organization submits an ap11 plication under subparagraph (A), the Associate 

12 Administrator shall approve or deny the appli13 cation and notify the applicant of the determina14 tion. 

15 ‘‘(D) AVAILABILITY OF APPLICATION.—The 

16 Associate Administrator shall make every effort 

17 to make the application under subparagraph (A) 

18 available online. 

19 ‘‘(5) ELIGIBILITY.—The Associate Administrator 

20 may select to receive financial assistance under this 

21 subsection— 

22 ‘‘(A) a Veterans Business Outreach Center 

23 established by the Administrator under section 

24 8(b)(17) on or before the day before the date of 

25 enactment of this subsection; 


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1 ‘‘(B) a private nonprofit organization 

2 that— 

3 ‘‘(i) received financial assistance in 

4 fiscal year 2006 from the National Veterans 

5 Business Development Corporation estab6 lished under section 33; and 

7 ‘‘(ii) is in operation on the date of en8 actment of this subsection; or 

9 ‘‘(C) other private nonprofit organizations 

10 located in various regions of the United States, 

11 as the Associate Administrator determines is ap12 propriate. 

13 ‘‘(6) SELECTION CRITERIA.— 

14 ‘‘(A) IN GENERAL.—The Associate Adminis15 trator shall establish selection criteria, stated in 

16 terms of relative importance, to evaluate and 

17 rank applicants under paragraph (5)(C) for fi18 nancial assistance under this subsection. 

19 ‘‘(B) CRITERIA.—The selection criteria es20 tablished under this paragraph shall include— 

21 ‘‘(i) the experience of the applicant in 

22 conducting programs or ongoing efforts de23 signed to impart or upgrade the business 

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1 erans, who own or may own small business 

2 concerns; 

3 ‘‘(ii) for an applicant for initial finan4 cial assistance under this subsection— 

5 ‘‘(I) the ability of the applicant to 

6 begin operating a veterans’ business 

7 center within a minimum amount of 

8 time; and 

9 ‘‘(II) the geographic region to be 

10 served by the veterans business center; 

11 ‘‘(iii) the demonstrated ability of the 

12 applicant to— 

13 ‘‘(I) provide managerial coun14 seling and technical assistance to en15 trepreneurs; and 

16 ‘‘(II) coordinate services provided 

17 by veterans services organizations and 

18 other public or private entities; and 

19 ‘‘(iv) for any applicant for a renewal 

20 of financial assistance under this sub21 section, the results of the most recent exam22 ination under paragraph (10) of the vet23 erans’ business center operated by the appli24 cant. 


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1 ‘‘(C) CRITERIA PUBLICLY AVAILABLE.—The 

2 Associate Administrator shall— 

3 ‘‘(i) make publicly available the selec4 tion criteria established under this para5 graph; and 

6 ‘‘(ii) include the criteria in each solici7 tation for applications for financial assist8 ance under this subsection. 

9 ‘‘(7) AMOUNT OF ASSISTANCE.—The amount of 

10 financial assistance provided under this subsection to 

11 a private nonprofit organization for each fiscal year 

12 shall be— 

13 ‘‘(A) not less than $150,000; and 

14 ‘‘(B) not more than $200,000. 

15 ‘‘(8) FEDERAL SHARE.— 

16 ‘‘(A) IN GENERAL.— 

17 ‘‘(i) INITIAL FINANCIAL ASSISTANCE.— 

18 Except as provided in clause (ii), a private 

19 nonprofit organization that receives finan20 cial assistance under this subsection shall 

21 provide non-Federal contributions for the 

22 operation of the veterans business center es23 tablished by the private nonprofit organiza24 tion in an amount equal to— 


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1 ‘‘(I) in each of the first and sec2 ond years of the project, not less than 

3 33 percent of the amount of the finan4 cial assistance received under this sub5 section; and 

6 ‘‘(II) in each of the third through 

7 fifth years of the project, not less than 

8 50 percent of the amount of the finan9 cial assistance received under this sub10 section. 

11 ‘‘(ii) RENEWALS.—A private nonprofit 

12 organization that receives a renewal of fi13 nancial assistance under this subsection 

14 shall provide non-Federal contributions for 

15 the operation of the veterans business center 

16 established by the private nonprofit organi17 zation in an amount equal to not less than 

18 50 percent of the amount of the financial 

19 assistance received under this subsection. 

20 ‘‘(B) FORM OF NON-FEDERAL SHARE.—Not 

21 more than 50 percent of the non-Federal share 

22 for a project carried out using financial assist23 ance under this subsection may be in the form 

24 of in-kind contributions. 


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1 ‘‘(C) TIMING OF DISBURSEMENT.—The As2 sociate Administrator may disburse not more 

3 than 25 percent of the financial assistance 

4 awarded to a private nonprofit organization be5 fore the private nonprofit organization obtains 

6 the non-Federal share required under this para7 graph with respect to that award. 

8 ‘‘(D) FAILURE TO OBTAIN NON-FEDERAL

9 FUNDING.— 

10 ‘‘(i) IN GENERAL.—If a private non11 profit organization that receives financial 

12 assistance under this subsection fails to ob13 tain the non-Federal share required under 

14 this paragraph during any fiscal year, the 

15 private nonprofit organization may not re16 ceive a disbursement under this subsection 

17 in a subsequent fiscal year or a disburse18 ment for any other project funded by the 

19 Administration, unless the Administrator 

20 makes a written determination that the pri21 vate nonprofit organization will be able to 

22 obtain a non-Federal contribution. 

23 ‘‘(ii) RESTORATION.—A private non24 profit organization prohibited from receiv25 ing a disbursement under clause (i) in a 


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1 fiscal year may receive financial assistance 

2 in a subsequent fiscal year if the organiza3 tion obtains the non-Federal share required 

4 under this paragraph for the subsequent fis5 cal year. 

6 ‘‘(9) CONTRACT AUTHORITY.—A veterans’ busi7 ness center may enter into a contract with a Federal 

8 department or agency to provide specific assistance to 

9 veterans, service-disabled veterans, Reservists, or the 

10 spouses of veterans, service-disabled veterans, or Re11 servists. Performance of such contract shall not hinder 

12 the veterans’ business center in carrying out the terms 

13 of the grant received by the veterans’ business centers 

14 from the Administrator. 

15 ‘‘(10) EXAMINATION AND DETERMINATION OF VI16 ABILITY.— 

17 ‘‘(A) EXAMINATION.— 

18 ‘‘(i) IN GENERAL.—The Associate Ad19 ministrator shall conduct an annual exam20 ination of the programs and finances of 

21 each veterans’ business center established or 

22 operated using financial assistance under 

23 this subsection. 

24 ‘‘(ii) FACTORS.—In conducting the ex25 amination under clause (i), the Associate 


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1 Administrator shall consider whether the 

2 veterans business center has failed— 

3 ‘‘(I) to provide the information 

4 required to be provided under subpara5 graph (B), or the information provided 

6 by the center is inadequate; 

7 ‘‘(II) the center has failed to com8 ply with a requirement for participa9 tion in the veterans’ business center 

10 program, as determined by the Assist11 ant Administrator, including— 

12 ‘‘(aa) failure to acquire or 

13 properly document a non-Federal 

14 share; 

15 ‘‘(bb) failure to establish an 

16 appropriate partnership or pro17 gram for marketing and outreach 

18 to small business concerns; 

19 ‘‘(cc) failure to achieve re20 sults described in a financial as21 sistance agreement; and 

22 ‘‘(dd) failure to provide to 

23 the Administrator a description of 

24 the amount and sources of any 


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1 non-Federal funding received by 

2 the center; 

3 ‘‘(III) to carry out the 5-year 

4 plan under in paragraph (4)(B); or 

5 ‘‘(IV) to meet the eligibility re6 quirements under paragraph (5). 

7 ‘‘(B) INFORMATION PROVIDED.—In the 

8 course of an examination under subparagraph 

9 (A), the veterans’ business center shall provide to 

10 the Associate Administrator— 

11 ‘‘(i) an itemized cost breakdown of ac12 tual expenditures for costs incurred during 

13 the most recent full fiscal year; 

14 ‘‘(ii) documentation of the amount of 

15 non-Federal contributions obtained and ex16 pended by the veterans’ business center dur17 ing the most recent full fiscal year; and 

18 ‘‘(iii) with respect to any in-kind con19 tribution under paragraph (8)(B), verifica20 tion of the existence and valuation of such 

21 contributions. 

22 ‘‘(C) DETERMINATION OF VIABILITY.—The 

23 Associate Administrator shall analyze the results 

24 of each examination under this paragraph and, 

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1 garding the viability of the programs and fi2 nances of each veterans’ business center. 

3 ‘‘(D) DISCONTINUATION OF FUNDING.— 

4 ‘‘(i) IN GENERAL.—The Associate Ad5 ministrator may discontinue an award of 

6 financial assistance to a private nonprofit 

7 organization at any time if the Associate 

8 Administrator determines under subpara9 graph (C) that the veterans’ business center 

10 operated by that organization is not viable. 

11 ‘‘(ii) RESTORATION.—The Associate 

12 Administrator may continue to provide fi13 nancial assistance to a private nonprofit or14 ganization in a subsequent fiscal year if the 

15 Associate Administrator determines under 

16 subparagraph (C) that the veterans’ busi17 ness center is viable. 

18 ‘‘(11) PRIVACY REQUIREMENTS.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), a veterans’ business center es21 tablished or operated using financial assistance 

22 provided under this subsection may not disclose 

23 the name, address, or telephone number of any 

24 individual or small business concern that re25 ceives advice from the veterans’ business center 


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1 without the consent of the individual or small 

2 business concern. 

3 ‘‘(B) EXCEPTION.—A veterans’ business cen4 ter may disclose information described in sub5 paragraph (A)— 

6 ‘‘(i) if the Administrator or Associate 

7 Administrator is ordered to make such a 

8 disclosure by a court in any civil or crimi9 nal enforcement action initiated by a Fed10 eral or State agency; or 

11 ‘‘(ii) to the extent that the Adminis12 trator or Associate Administrator deter13 mines that such a disclosure is necessary to 

14 conduct a financial audit of a veterans’ 

15 business center. 

16 ‘‘(C) ADMINISTRATION USE OF INFORMA17 TION.—This paragraph does not— 

18 ‘‘(i) restrict access by the Adminis19 trator to program activity data; or 

20 ‘‘(ii) prevent the Administrator from 

21 using information not described in subpara22 graph (A) to conduct surveys of individuals 

23 or small business concerns that receive ad24 vice from a veterans’ business center. 


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1 ‘‘(D) REGULATIONS.—The Administrator 

2 shall issue regulations to establish standards for 

3 requiring disclosures under subparagraph 

4 (B)(ii). 

5 ‘‘(12) REPORT.— 

6 ‘‘(A) IN GENERAL.—Not later than 60 days 

7 after the end of each fiscal year, the Associate 

8 Administrator shall submit to the Committee on 

9 Small Business and Entrepreneurship of the 

10 Senate and the Committee on Small Business of 

11 the House of Representatives a report on the ef12 fectiveness of the veterans’ business center pro13 gram in each region during the most recent full 

14 fiscal year. 

15 ‘‘(B) CONTENTS.—Each report under this 

16 paragraph shall include, at a minimum, for each 

17 veterans’ business center established or operated 

18 using financial assistance provided under this 

19 subsection— 

20 ‘‘(i) the number of individuals receiv21 ing assistance from the veterans’ business 

22 center, including the number of such indi23 viduals who are— 

24 ‘‘(I) veterans or spouses of vet25 erans; 


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1 ‘‘(II) service-disabled veterans or 

2 spouses of service-disabled veterans; or 

3 ‘‘(III) Reservists or spouses of Re4 servists; 

5 ‘‘(ii) the number of startup small busi6 ness concerns formed by individuals receiv7 ing assistance from the veterans’ business 

8 center, including— 

9 ‘‘(I) veterans or spouses of vet10 erans; 

11 ‘‘(II) service-disabled veterans or 

12 spouses of service-disabled veterans; or 

13 ‘‘(III) Reservists or spouses of Re14 servists; 

15 ‘‘(iii) the gross receipts of small busi16 ness concerns that receive advice from the 

17 veterans’ business center; 

18 ‘‘(iv) the employment increases or de19 creases of small business concerns that re20 ceive advice from the veterans’ business cen21 ter; 

22 ‘‘(v) to the maximum extent prac23 ticable, the increases or decreases in profits 

24 of small business concerns that receive ad25 vice from the veterans’ business center; and 


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1 ‘‘(vi) the results of the examination of 

2 the veterans’ business center under para3 graph (10). 

4 ‘‘(13) COORDINATION OF EFFORTS AND CON5 SULTATION.— 

6 ‘‘(A) COORDINATION AND CONSULTATION.— 

7 To the extent practicable, the Associate Adminis8 trator and each private nonprofit organization 

9 that receives financial assistance under this sub10 section shall— 

11 ‘‘(i) coordinate outreach and other ac12 tivities with other programs of the Adminis13 tration and the programs of other Federal 

14 agencies; 

15 ‘‘(ii) consult with technical representa16 tives of the district offices of the Adminis17 tration in carrying out activities using fi18 nancial assistance under this subsection; 

19 and 

20 ‘‘(iii) provide information to the vet21 erans business ownership representatives 

22 designated under subparagraph (B) and co23 ordinate with the veterans business owner24 ship representatives to increase the ability 

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1 resentatives to provide services throughout 

2 the area served by the veterans business 

3 ownership representatives. 

4 ‘‘(B) VETERANS BUSINESS OWNERSHIP REP5 RESENTATIVES.— 

6 ‘‘(i) DESIGNATION.—The Adminis7 trator shall designate not fewer than 1 indi8 vidual in each district office of the Admin9 istration as a veterans business ownership 

10 representative, who shall communicate and 

11 coordinate activities of the district office 

12 with private nonprofit organizations that 

13 receive financial assistance under this sub14 section. 

15 ‘‘(ii) INITIAL DESIGNATION.—The first 

16 individual in each district office of the Ad17 ministration designated by the Adminis18 trator as a veterans business ownership rep19 resentative under clause (i) shall be an in20 dividual that is employed by the Adminis21 tration on the date of enactment of this sub22 section. 

23 ‘‘(14) EXISTING CONTRACTS.—An award of fi24 nancial assistance under this subsection shall not void 

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1 tion and the Administration that is in effect on the 

2 date of such award. 

3 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated— 

5 ‘‘(1) to carry out subsections (a) through (f), 

6 $2,000,000 for each of fiscal years 2010 through 2012; 

7 and 

8 ‘‘(2) to carry out subsection (g)— 

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

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

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

12 (b) GAO REPORT.— 

13 (1) DEFINITIONS.—In this subsection— 

14 (A) the term ‘‘small business concern owned 

15 and controlled by veterans’’ has the meaning 

16 given that term in section 32(g) of the Small 

17 Business Act, as added by this section; and 

18 (B) the term ‘‘veterans’ business center pro19 gram’’ means the veterans’ business center pro20 gram established under section 32(g) of the 

21 Small Business Act, as added by this section. 

22 (2) REPORT.— 

23 (A) IN GENERAL.—Not later than 60 days 

24 after the end of the second fiscal year beginning 

25 after the date on which the veterans’ business 


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1 center program is established, the Comptroller 

2 General of the United States shall evaluate the 

3 effectiveness of the veterans’ business center pro4 gram, and submit to Congress a report on the re5 sults of that evaluation. 

6 (B) CONTENTS.—The report submitted 

7 under subparagraph (A) shall include— 

8 (i) an assessment of— 

9 (I) the use of amounts made 

10 available to carry out the veterans’ 

11 business center program; 

12 (II) the effectiveness of the services 

13 provided by each private nonprofit or14 ganization receiving financial assist15 ance under the veterans’ business cen16 ter program; 

17 (III) whether the services de18 scribed in clause (ii) are duplicative of 

19 services provided by other veteran serv20 ice organizations, programs of the Ad21 ministration, or programs of another 

22 Federal department or agency and, if 

23 so, recommendations regarding how to 

24 alleviate the duplication of the services; 

25 and 


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1 (IV) whether there are areas of the 

2 United States in which there are not 

3 adequate entrepreneurial services for 

4 small business concerns owned and 

5 controlled by veterans and, if so, 

6 whether there is a veterans’ business 

7 center established under the veterans’ 

8 business center program providing 

9 services to that area; and 

10 (ii) recommendations, if any, for im11 proving the veteran’s business center pro12 gram. 

13 SEC. 402. REPORTING REQUIREMENT FOR INTERAGENCY 

14 TASK FORCE. 

15 Section 32(c) of the Small Business Act (15 U.S.C. 

16 657b(c)) is amended by adding at the end the following: 

17 ‘‘(4) REPORT.—Not less frequently than twice 

18 each year, the Administrator shall submit to Congress 

19 a report on the appointments made to and activities 

20 of the task force.’’. 

21 SEC. 403. REPEAL AND RENEWAL OF GRANTS. 

22 (a) DEFINITION.—In this section, the term ‘‘covered 

23 grant, contract, or cooperative agreement’’ means a grant, 

24 contract, or cooperative agreement that was— 


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1 (1) made or entered into under section 8(b)(17) 

2 of the Small Business Act (15 U.S.C. 637(b)(17)); and 

3 (2) in effect on or before the date described in 

4 subsection (b)(2). 

5 (b) REPEAL.— 

6 (1) IN GENERAL.—Section 8(b) of the Small 

7 Business Act (15 U.S.C. 637(b)) is amended— 

8 (A) in paragraph (15), by adding ‘‘and’’ at 

9 the end; 

10 (B) in paragraph (16), by striking ‘‘; and’’ 

11 and inserting a period; and 

12 (C) by striking paragraph (17). 

13 (2) EFFECTIVE DATE.—The amendments made 

14 by paragraph (1) shall take effect 60 days after the 

15 date of enactment of this Act. 

16 (c) TRANSITIONAL RULES.— 

17 (1) IN GENERAL.—Notwithstanding any other 

18 provision of law, a covered grant, contract, or cooper19 ative agreement shall remain in full force and effect 

20 under the terms, and for the duration, of the covered 

21 grant, contract, or agreement. 

22 (2) ADDITIONAL REQUIREMENTS.—Any organi23 zation that was awarded or entered into a covered 

24 grant, contract, or cooperative agreement shall be sub25 ject to the requirements of section 32(g) of the Small 


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1 Business Act (15 U.S.C. 657b(g)) (as added by this 

2 Act). 

3 (d) RENEWAL OF FINANCIAL ASSISTANCE.—An orga4 nization that was awarded or entered into a covered grant, 

5 contract, or cooperative agreement may apply for a renewal 

6 of the grant, contract, or agreement under the terms and 

7 conditions described in section 32(g) of the Small Business 

8 Act (15 U.S.C. 657b(g)) (as added by this Act). 

9 TITLE V—PROGRAM FOR INVEST10 MENT IN MICROENTRE11 PRENEURS 

12 SEC. 501. PRIME REAUTHORIZATION. 

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

14 amended— 

15 (1) by redesignating sections 37 through 44 as 

16 sections 38 through 45, respectively; and 

17 (2) by inserting after section 36 the following: 

18 ‘‘SEC. 37. PROGRAM FOR INVESTMENT IN MICROENTRE19 PRENEURS. 

20 ‘‘(a) DEFINITIONS.—In this section: 

21 ‘‘(1) ASSOCIATE ADMINISTRATOR.—The term ‘As22 sociate Administrator’ means the Associate Adminis23 trator for Entrepreneurial Development of the Admin24 istration. 


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1 ‘‘(2) CAPACITY BUILDING SERVICES.—The term 

2 ‘capacity building services’ means services provided to 

3 an organization that is, or that is in the process of 

4 becoming, a microenterprise development organization 

5 or program, for the purpose of enhancing the ability 

6 of the organization to provide training and services 

7 to disadvantaged entrepreneurs. 

8 ‘‘(3) COLLABORATIVE.—The term ‘collaborative’ 

9 means 2 or more nonprofit entities that agree to act 

10 jointly as a qualified organization under this section. 

11 ‘‘(4) DISADVANTAGED ENTREPRENEUR.—The 

12 term ‘disadvantaged entrepreneur’ means a micro13 entrepreneur that— 

14 ‘‘(A) is a low-income person; 

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

16 ‘‘(C) lacks adequate access to capital or 

17 other resources essential for business success, or 

18 is economically disadvantaged, as determined by 

19 the Administrator. 

20 ‘‘(5) DISADVANTAGED NATIVE AMERICAN ENTRE21 PRENEUR.—The term ‘disadvantaged Native Amer22 ican entrepreneur’ means a disadvantaged entre23 preneur who is also a member of an Indian Tribe. 

24 ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ has 

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1 dian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 450b(e)). 

3 ‘‘(7) INTERMEDIARY.—The term ‘intermediary’ 

4 means a private, nonprofit entity that seeks to serve 

5 microenterprise development organizations and pro6 grams, as authorized under subsection (d). 

7 ‘‘(8) LOW-INCOME PERSON.—The term ‘low-in8 come person’ means a person having an income, ad9 justed for family size, of not more than— 

10 ‘‘(A) for metropolitan areas, 80 percent of 

11 the area median income; and 

12 ‘‘(B) for nonmetropolitan areas, the greater 

13 of— 

14 ‘‘(i) 80 percent of the area median in15 come; or 

16 ‘‘(ii) 80 percent of the statewide non17 metropolitan area median income. 

18 ‘‘(9) MICROENTREPRENEUR.—The term ‘micro19 entrepreneur’ means the owner or developer of a mi20 croenterprise. 

21 ‘‘(10) MICROENTERPRISE.—The term ‘microen22 terprise’ means a sole proprietorship, partnership, or 

23 corporation that— 

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


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1 ‘‘(B) generally lacks access to conventional 

2 loans, equity, or other banking services. 

3 ‘‘(11) MICROENTERPRISE DEVELOPMENT ORGANI4 ZATION OR PROGRAM.—The term ‘microenterprise de5 velopment organization or program’ means a non6 profit entity, or a program administered by such an 

7 entity, including community development corpora8 tions or other nonprofit development organizations 

9 and social service organizations, that provides services 

10 to disadvantaged entrepreneurs. 

11 ‘‘(12) TRAINING AND TECHNICAL ASSISTANCE.— 

12 The term ‘training and technical assistance’ means 

13 services and support provided to disadvantaged entre14 preneurs, such as assistance for the purpose of en15 hancing business planning, marketing, management, 

16 financial management skills, and assistance for the 

17 purpose of accessing financial services. 

18 ‘‘(13) QUALIFIED ORGANIZATION.—The term 

19 ‘qualified organization’ means— 

20 ‘‘(A) a nonprofit microenterprise develop21 ment organization or program (or a group or 

22 collaborative thereof) that has a demonstrated 

23 record of delivering microenterprise services to 

24 disadvantaged entrepreneurs; 

25 ‘‘(B) an intermediary; 


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1 ‘‘(C) a microenterprise development organi2 zation or program that is— 

3 ‘‘(i) accountable to a local community; 

4 and 

5 ‘‘(ii) working in conjunction with a 

6 State or local government or Indian tribe; 

7 or 

8 ‘‘(D) an Indian tribe acting on its own, if 

9 the Indian tribe certifies that no private organi10 zation or program referred to in this paragraph 

11 exists within its jurisdiction. 

12 ‘‘(14) VERY LOW-INCOME PERSON.—The term 

13 ‘very low-income person’ means an individual having 

14 an income, adjusted for family size, of not more than 

15 150 percent of the poverty line (as defined in section 

16 673(2) of the Community Services Block Grant Act 

17 (42 U.S.C. 9902(2)), including any revision required 

18 by that section). 

19 ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Associate 

20 Administrator shall establish a microenterprise training 

21 and technical assistance and capacity building services 

22 grant program to provide grants to qualified organizations 

23 in accordance with this section. 

24 ‘‘(c) USES OF ASSISTANCE.—A qualified organization 

25 shall use a grant made under this section— 


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1 ‘‘(1) to provide training and technical assistance 

2 to disadvantaged entrepreneurs; 

3 ‘‘(2) to provide training and technical assistance 

4 and capacity building services to microenterprise de5 velopment organizations and programs and groups of 

6 such organizations and programs to assist such orga7 nizations and programs in developing microenterprise 

8 training and services; 

9 ‘‘(3) to aid in researching and developing the 

10 best practices in the field of microenterprise and 

11 training and technical assistance programs for dis12 advantaged entrepreneurs; 

13 ‘‘(4) to provide training and technical assistance 

14 to disadvantaged Native American entrepreneurs and 

15 prospective disadvantaged Native American entre16 preneurs; and 

17 ‘‘(5) for such other activities as the Associate Ad18 ministrator determines are consistent with the pur19 poses of this section. 

20 ‘‘(d) ALLOCATION OF GRANTS; SUBGRANTS.— 

21 ‘‘(1) ALLOCATION OF GRANTS.— 

22 ‘‘(A) IN GENERAL.—The Associate Adminis23 trator shall allocate assistance from the Adminis24 tration under this section to ensure that— 


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1 ‘‘(i) not less than 75 percent of 

2 amounts made available to the Adminis3 trator for grants under this section are used 

4 for activities described in subsection (c)(1); 

5 and 

6 ‘‘(ii) not less than 15 percent of 

7 amounts made available to the Adminis8 trator for grants under this section are used 

9 for activities described in subsection (c)(2). 

10 ‘‘(B) LIMIT ON INDIVIDUAL ASSISTANCE.— 

11 No single person may receive more than 10 per12 cent of the total amounts made available for 

13 grants under this section for a single fiscal year. 

14 ‘‘(2) TARGETED ASSISTANCE.—The Associate Ad15 ministrator shall ensure that not less than 50 percent 

16 of the total amounts made available for grants under 

17 this section are used to benefit very low-income per18 sons, including very low-income persons residing on 

19 Indian reservations. 

20 ‘‘(3) SUBGRANTS AUTHORIZED.— 

21 ‘‘(A) IN GENERAL.—A qualified organiza22 tion receiving a grant under this section may 

23 provide subgrants using that grant to qualified 

24 organizations that are small or emerging micro25 enterprises and programs, subject to such rules 


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1 and regulations as the Associate Administrator 

2 determines are appropriate. 

3 ‘‘(B) LIMIT ON ADMINISTRATIVE EX4 PENSES.—Not more than 7.5 percent of the 

5 amount received by a qualified organization 

6 under a grant under this section may be used for 

7 administrative expenses in connection with the 

8 making of subgrants under subparagraph (A). 

9 ‘‘(4) DIVERSITY.—In making grants under this 

10 section, the Associate Administrator shall ensure that 

11 grant recipients include both large and small micro12 enterprise organizations that serve urban, rural, and 

13 Indian tribal communities and diverse populations. 

14 ‘‘(5) PROHIBITION ON PREFERENTIAL CONSIDER15 ATION OF CERTAIN ADMINISTRATION PROGRAM PAR16 TICIPANTS.—In making grants under this section, the 

17 Associate Administrator shall ensure that any appli18 cation made by a qualified organization that is a 

19 participant in the program established under section 

20 7(m) does not receive preferential consideration over 

21 applications from other qualified organizations that 

22 are not participants in the program. 

23 ‘‘(e) FEDERAL SHARE.— 

24 ‘‘(1) IN GENERAL.—A qualified organization 

25 that receives a grant under this section shall provide 


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1 non-Federal contributions to carry out the activities 

2 described in subsection (c) in an amount equal to not 

3 less than 50 percent of the amount of the grant re4 ceived under this section. 

5 ‘‘(2) SOURCES OF NON-FEDERAL SHARE.—The 

6 non-Federal share of the cost of a project using a 

7 grant under this section may be in the form of fees, 

8 grants, gifts, funds from loan sources, or in-kind re9 sources of an applicant from public or private 

10 sources. 

11 ‘‘(3) EXCEPTION.— 

12 ‘‘(A) IN GENERAL.—If the Associate Admin13 istrator determines that an applicant for assist14 ance under this section has severe constraints on 

15 available sources of non-Federal funds, the Asso16 ciate Administrator may reduce or eliminate the 

17 requirement under paragraph (1). 

18 ‘‘(B) LIMITATION.—Not more than 10 per19 cent of the total funds made available from the 

20 Administration in any fiscal year to carry out 

21 this section may be excepted under subparagraph 

22 (A) from the requirement under paragraph (1). 

23 ‘‘(f) APPLICATIONS FOR ASSISTANCE.—An application 

24 for a grant under this section shall be submitted in such 


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1 form and in accordance with such procedures as the Asso2 ciate Administrator shall establish. 

3 ‘‘(g) RECORDKEEPING AND REPORTING.— 

4 ‘‘(1) IN GENERAL.—Each qualified organization 

5 that receives a grant under this section shall— 

6 ‘‘(A) submit to the Administration not less 

7 frequently than once every 18-month period, fi8 nancial statements audited by an independent 

9 certified public accountant; 

10 ‘‘(B) submit an annual report to the Ad11 ministration on the activities of the qualified or12 ganization; and 

13 ‘‘(C) keep such records as the Associate Ad14 ministrator determines are necessary to disclose 

15 the manner in which amounts made available 

16 under a grant under this section are used. 

17 ‘‘(2) ACCESS.—Upon the request of the Associate 

18 Administrator, the Associate Administrator shall have 

19 access to any record of any qualified organization 

20 that receives a grant under this section, for the pur21 pose of determining compliance with this section. 

22 ‘‘(3) DATA COLLECTION.—Each qualified organi23 zation that receives a grant under this section shall 

24 collect information relating to, as applicable— 


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1 ‘‘(A) the number of individuals counseled or 

2 trained by the organization; 

3 ‘‘(B) the number of hours of counseling pro4 vided by the organization; 

5 ‘‘(C) the number of startup small business 

6 concerns formed with the assistance of the orga7 nization; 

8 ‘‘(D) the number of small business concerns 

9 expanded with the assistance of the organization; 

10 ‘‘(E) the number of low-income individuals 

11 counseled or trained by the organization; and 

12 ‘‘(F) the number of very low-income indi13 viduals counseled or trained by the organization. 

14 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 

15 ‘‘(1) IN GENERAL.—There are authorized to be 

16 appropriated to the Administrator $15,000,000 for 

17 each of fiscal years 2010 through 2012 to carry out 

18 this section, which shall remain available until ex19 pended. 

20 ‘‘(2) CERTAIN PROGRAMS.—In addition to the 

21 amount authorized under paragraph (1), there are 

22 authorized to be appropriated to the Administrator 

23 $2,000,000 for each of fiscal years 2010 through 2012 

24 to carry out subsection (c)(4), which shall remain 

25 available until expended.’’. 


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1 SEC. 502. CONFORMING REPEAL AND AMENDMENTS. 

2 (a) CONFORMING REPEAL.—Subtitle C of title I of the 

3 Riegle Community Development and Regulatory Improve4 ment Act of 1994 (15 U.S.C. 6901 et seq.) is repealed. 

5 (b) CONFORMING AMENDMENTS.—The Small Business 

6 Act (15 U.S.C. 631 et seq.) is amended— 

7 (1) in section 38(d) (15 U.S.C. 657i(d)), as so 

8 redesignated, by striking ‘‘section 43’’ and inserting 

9 ‘‘section 44’’; 

10 (2) in section 41(d) (15 U.S.C. 657l(d)), as so re11 designated, by striking ‘‘section 43’’ and inserting 

12 ‘‘section 44’’; and 

13 (3) in section 42(b) (15 U.S.C. 657m(b)), as so 

14 redesignated, by striking ‘‘section 43’’ and inserting 

15 ‘‘section 44’’. 

16 SEC. 503. REFERENCES. 

17 All references in Federal law, other than section 504 

18 of this Act, to the ‘‘Program for Investment in Microentre19 preneurs Act of 1999’’ or the ‘‘PRIME Act’’ shall be deemed 

20 to be references to section 37 of the Small Business Act, 

21 as added by this Act. 

22 SEC. 504. RULE OF CONSTRUCTION. 

23 Nothing in this title or the amendments made by this 

24 title shall affect any grant or assistance provided under the 

25 Program for Investment in Microentrepreneurs Act of 1999 

26 (15 U.S.C. 6901 et seq.), before the date of enactment of 


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1 this Act, and any such grant or assistance shall be subject 

2 to the Program for Investment in Microentrepreneurs Act 

3 of 1999, as in effect on the day before the date of enactment 

4 of this Act. 

5 TITLE VI—OTHER PROVISIONS 

6 SEC. 601. INSTITUTIONS OF HIGHER EDUCATION. 

7 (a) IN GENERAL.—Section 21(a)(1) of the Small Busi8 ness Act (15 U.S.C. 648(a)(1)) is amended by striking ‘‘: 

9 Provided, That’’ and all that follows through ‘‘on such 

10 date.’’ and inserting the following: ‘‘. On and after Decem11 ber 31, 2010, the Administration may only make a grant 

12 under this paragraph to an applicant that is an institution 

13 of higher education, as defined in section 101(a) of the 

14 Higher Education Act of 1965 (20 U.S.C. 1001(a)) that is 

15 accredited (and not merely in preaccreditation status) by 

16 a nationally recognized accrediting agency or association, 

17 recognized by the Secretary of Education for such purpose 

18 in accordance with section 496 of that Act (20 U.S.C. 

19 1099b), or to a women’s business center operating pursuant 

20 to section 29 as a small business development center, unless 

21 the applicant was receiving financial assistance (including 

22 a contract or cooperative agreement) on December 31, 

23 2010.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by sub25 section (a) shall take effect on December 31, 2010. 


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1 SEC. 602. HEALTH INSURANCE OPTIONS INFORMATION FOR 

2 SMALL BUSINESS CONCERNS. 

3 (a) DEFINITIONS.—In this section— 

4 (1) the term ‘‘grant program’’ means the small 

5 business health insurance information grant program 

6 established under subsection (b)(1); and 

7 (2) the term ‘‘resource partner’’ means— 

8 (A) the association of small business devel9 opment centers authorized to be established under 

10 section 21(a)(3)(A) of the Small Business Act 

11 (15 U.S.C. 648(a)(3)(A)); 

12 (B) the Association of Women’s Business 

13 Centers; 

14 (C) the Service Corps of Retired Executives 

15 authorized by section 8(b)(1)(B) of the Small 

16 Business Act (15 U.S.C. 637(b)(1)(B)); and 

17 (D) 1 veterans business center (as that term 

18 is used in section 32(g) of the Small Business 

19 Act (15 U.S.C. 657b(g)), as added by this Act), 

20 as determined by the Associate Administrator for 

21 Entrepreneurial Development. 

22 (b) SMALL BUSINESS HEALTH INSURANCE INFORMA23 TION PROGRAM.— 

24 (1) PROGRAM ESTABLISHED.—The Adminis25 trator, acting through the Associate Administrator for 

26 Entrepreneurial Development, shall establish a proVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6203 E:\BILLS\S1229.RS S1229

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1 gram to make grants to resource partners to provide 

2 neutral and objective information and educational 

3 materials regarding health insurance options, includ4 ing coverage options within the small group market, 

5 to small business concerns. 

6 (2) GRANT RECIPIENTS.—The Associate Admin7 istrator for Entrepreneurial Development shall make 

8 1 grant to each of the resource partners. 

9 (3) GRANT AMOUNTS.—The grants made under 

10 this section shall— 

11 (A) be made from funds appropriated to the 

12 Administrator to carry out the activities of the 

13 Office of Entrepreneurial Development; and 

14 (B) not exceed a total amount of 

15 $5,000,000. 

16 (4) CONTRACT.—As a condition of receiving a 

17 grant under this section, each resource partner shall 

18 agree, by contract with the Administration— 

19 (A) to begin to use the funds in accordance 

20 with paragraph (5) not later than 1 year after 

21 the date on which the resource partner receives 

22 the grant; and 

23 (B) to return any funds that have not been 

24 used, if the Administrator determines that the reVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6203 E:\BILLS\S1229.RS S1229

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1 source partner is not carrying out the grant pro2 gram activities under paragraph (5)(A). 

3 (5) USE OF FUNDS.— 

4 (A) GRANT PROGRAM ACTIVITIES.—A re5 source partner shall use funds provided under 

6 the grant program to create, in consultation with 

7 the Associate Administrator for Entrepreneurial 

8 Development of the Administration— 

9 (i) an online training program; 

10 (ii) an online repository of health in11 surance information relevant to small busi12 ness concerns; 

13 (iii) a counseling curriculum that can 

14 be used in the physical location of the re15 source partner; and 

16 (iv) materials containing relevant in17 formation that can be disbursed to owners 

18 of small business concerns throughout the 

19 country. 

20 (B) CONTENT OF MATERIALS.— 

21 (i) IN GENERAL.—In creating mate22 rials under the grant program, a resource 

23 partner shall evaluate and incorporate rel24 evant portions of existing informational 

25 materials regarding health insurance opVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6203 E:\BILLS\S1229.RS S1229

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1 tions, including materials and resources de2 veloped by the National Association of In3 surance Commissioners, the Kaiser Family 

4 Foundation, and the Healthcare Leadership 

5 Council. 

6 (ii) HEALTH INSURANCE OPTIONS.—In 

7 incorporating information regarding health 

8 insurance options under clause (i), a re9 source partner shall provide neutral and ob10 jective information regarding health insur11 ance options in the geographic area served 

12 by the resource partner, including tradi13 tional employer sponsored health insurance 

14 for the group insurance market, such as the 

15 health insurance options described in sec16 tion 2791 of the Public Health Services Act 

17 (42 U.S.C. 300gg–91) or section 125 of the 

18 Internal Revenue Code of 1986, and Federal 

19 and State health insurance programs. 

20 (c) REVIEW AND REPORT.— 

21 (1) REVIEW OF GRANT PROGRAM.—The Associate 

22 Administrator for Entrepreneurial Development shall 

23 conduct a review of the effectiveness of the grant pro24 gram. 


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1 (2) REPORT.—Not later than 2 years after the 

2 date on which all grants under the grant program are 

3 disbursed, the Associate Administrator for Entrepre4 neurial Development shall submit to the Committee 

5 on Small Business and Entrepreneurship of the Sen6 ate and the Committee on Small Business of the 

7 House of Representatives a report on the results of the 

8 review under paragraph (1). 

9 SEC. 603. NATIONAL SMALL BUSINESS DEVELOPMENT CEN10 TER ADVISORY BOARD. 

11 (a) IN GENERAL.—Section 21(i)(1) of the Small Busi12 ness Act (15 U.S.C. 648(i)(1)) is amended— 

13 (1) in the first sentence, by striking ‘‘nine mem14 bers’’ and inserting ‘‘10 members’’; 

15 (2) in the second sentence, by striking ‘‘six’’ and 

16 inserting ‘‘the members who are not from universities 

17 or their affiliates’’; 

18 (3) by striking the third sentence; and 

19 (4) in the fourth sentence, by inserting ‘‘not less 

20 than’’ before ‘‘one-third’’. 

21 (b) INCUMBENTS.—An individual serving as a member 

22 of the Board on the date of enactment of this Act may con23 tinue to serve on the Board until the end of the term of 

24 the member under section 21(i)(1) of the Small Business 


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1 Act (15 U.S.C. 648(i)(1)), as in effect on the day before 

2 such date of enactment. 

3 SEC. 604. PRIVACY REQUIREMENTS FOR SCORE CHAPTERS. 

4 Section 8 of the Small Business Act (15 U.S.C. 637) 

5 is amended by striking subsection (c) and inserting the fol6 lowing: 

7 ‘‘(c) PRIVACY REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—A chapter of the SCORE 

9 program authorized by subsection (b)(1) or an agent 

10 of such a chapter may not disclose the name, address, 

11 or telephone number of any individual or small busi12 ness concern receiving assistance from that chapter or 

13 agent without the consent of such individual or small 

14 business concern, unless— 

15 ‘‘(A) the Administrator is ordered to make 

16 such a disclosure by a court in any civil or 

17 criminal enforcement action initiated by a Fed18 eral or State agency; or 

19 ‘‘(B) the Administrator determines such a 

20 disclosure to be necessary for the purpose of con21 ducting a financial audit of a chapter of the 

22 SCORE program authorized by subsection 

23 (b)(1), in which case disclosure shall be limited 

24 to the information necessary for such audit. 


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1 ‘‘(2) ADMINISTRATOR USE OF INFORMATION.— 

2 This subsection shall not— 

3 ‘‘(A) restrict the access of the Administrator 

4 to program activity data; or 

5 ‘‘(B) prevent the Administrator from using 

6 client information to conduct client surveys. 

7 ‘‘(3) REGULATIONS.— 

8 ‘‘(A) IN GENERAL.—The Administrator 

9 shall issue regulations to establish standards— 

10 ‘‘(i) for disclosures with respect to fi11 nancial audits under paragraph (1)(B); 

12 and 

13 ‘‘(ii) for client surveys under para14 graph (2)(B), including standards for over15 sight of such surveys and for dissemination 

16 and use of client information. 

17 ‘‘(B) MAXIMUM PRIVACY PROTECTION.— 

18 Regulations under this paragraph shall, to the 

19 extent practicable, provide for the maximum 

20 amount of privacy protection. 

21 ‘‘(C) INSPECTOR GENERAL.—Until the effec22 tive date of regulations under this paragraph, 

23 any client survey and the use of such informa24 tion shall be approved by the Inspector General 

25 of the Administration who shall include such apVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6203 E:\BILLS\S1229.RS S1229

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1 proval in the semi-annual report of the Inspector 

2 General.’’. 

3 SEC. 605. NATIONAL SMALL BUSINESS SUMMIT. 

4 (a) IN GENERAL.—Not later than December 31, 2012, 

5 the President shall convene a National Small Business 

6 Summit to examine the present conditions and future of 

7 the community of small business concerns in the United 

8 States. The summit shall include owners of small business 

9 concerns, representatives of small business groups, labor, 

10 academia, the Federal Government, State governments, In11 dian tribes, Federal research and development agencies, and 

12 nonprofit policy groups concerned with the issues of small 

13 business concerns. 

14 (b) REPORT.—Not later than 90 days after the date 

15 of the conclusion of the summit convened under subsection 

16 (a), the President shall issue a report on the results of the 

17 summit. The report shall identify key challenges and make 

18 recommendations for promoting entrepreneurship and the 

19 growth of small business concerns. 

20 SEC. 606. SCORE PROGRAM. 

21 (a) IN GENERAL.—Section 8(b)(1)(B) of the Small 

22 Business Act (15 U.S.C. 637(b)(1)(B)) is amended by strik23 ing ‘‘a Service Corps of Retired Executives (SCORE)’’ and 

24 inserting ‘‘the SCORE’’. 

25 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 


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1 (1) IN GENERAL.—The Small Business Act (15 

2 U.S.C. 631 et seq.) is amended— 

3 (A) in section 7(m)(3)(A)(i)(VIII), by strik4 ing ‘‘Service Corps of Retired Executives’’ and 

5 inserting ‘‘SCORE’’; and 

6 (B) in section 33(b)(2), by striking ‘‘Service 

7 Corps of Retired Executives’’ and inserting 

8 ‘‘SCORE’’. 

9 (2) OTHER LAW.—Section 337(d)(2) of the En10 ergy Policy and Conservation Act (42 U.S.C. 

11 6307(d)(2)) is amended by striking ‘‘Service Corps of 

12 Retired Executives (SCORE)’’ and inserting 

13 ‘‘SCORE’’. 

14 (c) REFERENCES.—Any reference to the Service Corps 

15 of Retired Executives established under section 8(b)(1)(B) 

16 of the Small Business Act (15 U.S.C. 637(b)(1)(B)), as in 

17 effect on the day before the date of enactment of this Act, 

18 in any law, rule, regulation, certificate, directive, instruc19 tion, or other official paper shall be considered to refer to 

20 the SCORE established under section 8(b)(1)(B) of the 

21 Small Business Act, as amended by this Act. 

22 SEC. 607. ASSISTANCE TO OUT-OF-STATE SMALL BUSI23 NESSES. 

24 Section 21(b)(3) of the Small Business Act (15 U.S.C. 

25 648(b)(3)) is amended— 


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1 (1) by striking ‘‘(3) At the discretion’’ and in2 serting the following: 

3 ‘‘(3) ASSISTANCE TO OUT-OF-STATE SMALL BUSI4 NESSES.— 

5 ‘‘(A) IN GENERAL.—At the discretion’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(B) DISASTER RECOVERY ASSISTANCE.— 

8 ‘‘(i) IN GENERAL.—At the discretion of the 

9 Administrator, the Administrator may authorize 

10 a small business development center to provide 

11 assistance, as described in subsection (c), to 

12 small business concerns located outside of the 

13 State, without regard to geographic proximity, if 

14 the small business concerns are located in an 

15 area for which the President has declared a 

16 major disaster, as defined in section 102 of the 

17 Robert T. Stafford Disaster Relief and Emer18 gency Assistance Act (42 U.S.C. 5122), during 

19 the period of the declaration. 

20 ‘‘(ii) CONTINUITY OF SERVICES.—A small 

21 business development center that provides coun22 selors to an area described in clause (i) shall, to 

23 the maximum extent practicable, ensure con24 tinuity of services in any State in which the 


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1 small business development center otherwise pro2 vides services. 

3 ‘‘(iii) ACCESS TO DISASTER RECOVERY FA4 CILITIES.—For purposes of this subparagraph, 

5 the Administrator shall, to the maximum extent 

6 practicable, permit the personnel of a small busi7 ness development center to use any site or facil8 ity designated by the Administrator for use to 

9 provide disaster recovery assistance.’’. 

10 SEC. 608. SMALL BUSINESS DEVELOPMENT CENTERS. 

11 (a) PORTABILITY GRANTS.—Section 21(a)(4)(C)(viii) 

12 of the Small Business Act (15 U.S.C. 648(a)(4)(C)(viii)) 

13 is amended— 

14 (1) in the first sentence— 

15 (A) by striking ‘‘From the funds appro16 priated pursuant to clause (vii)’’ and inserting 

17 ‘‘Of the amounts made available to carry out 

18 this subparagraph in each fiscal year’’; and 

19 (B) by striking ‘‘as a result of a business or 

20 government facility down sizing or closing, 

21 which has resulted in the loss of jobs or small 

22 business instability’’ and inserting ‘‘due to 

23 events that have resulted or will result in, the 

24 downsizing or closing of a business or govern25 ment facility’’; and 


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1 (2) by adding at the end ‘‘The Administrator 

2 may make a grant under this clause that exceeds 

3 $100,000 to accommodate extraordinary events that 

4 the Administrator determines have had a catastrophic 

5 impact on small business concerns in a community.’’. 

6 (b) PURPOSES.—Section 21(a)(1) of the Small Busi7 ness Act (15 U.S.C. 648(a)(1)) is amended in the first sen8 tence by adding ‘‘regulatory compliance and’’ after ‘‘coun9 seling concerning’’. 

10 SEC. 609. EVALUATION OF PILOT PROGRAMS. 

11 (a) IN GENERAL.—Not later than 30 months after the 

12 date of disbursement of the first grant under a covered pilot 

13 program, the Comptroller General of the United States shall 

14 submit to the Committee on Small Business and Entrepre15 neurship of the Senate and the Committee on Small Busi16 ness of the House of Representatives a report evaluating the 

17 covered pilot program, including recommendations, if any, 

18 on possible improvements or modifications to the covered 

19 pilot program, including the feasibility of extending the 

20 covered pilot program to all small business development 

21 centers. 

22 (b) DEFINITION OF COVERED PILOT PROGRAM.—In 

23 this section, the term ‘‘covered pilot program’’ means a pilot 

24 program relating to small business development centers esVerDate Nov 24 2008 23:55 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6203 E:\BILLS\S1229.RS S1229

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1 tablished under this Act or an amendment made by this 

2 Act. 

3 SEC. 610. EDUCATING AND NETWORKING ENTREPRENEURS 

4 THROUGH TECHNOLOGY. 

5 (a) PURPOSE.—The purpose of this section is to pro6 vide a customized online community for potential and exist7 ing entrepreneurs to— 

8 (1) access entrepreneurship educational offerings 

9 of the Administration, other Federal and State agen10 cies, and public and private entities; 

11 (2) engage in peer learning and networking; and 

12 (3) readily access information, community re13 sources, service provider organizations, and individ14 uals in the State in which the entrepreneurs reside 

15 who provide business assistance and capital. 

16 (b) DEFINITION.—In this section, the term ‘‘qualified 

17 third-party vendor’’ means an entity with— 

18 (1) experience in the planning, administration, 

19 and management of online communities and the de20 livery of technologically-driven education; and 

21 (2) the ability to connect community-based and 

22 public organizations to collaborate in the delivery of 

23 services and delivery of resources online. 

24 (c) AUTHORITY.— 


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1 (1) IN GENERAL.—The Administrator shall es2 tablish and manage a program that— 

3 (A) provides online entrepreneurial train4 ing, ensuring that materials described in sub5 section (d) are timely and relevant to entrepre6 neurial development and can be successfully com7 municated remotely to an audience through the 

8 use of technology; and 

9 (B) includes a nationwide, online learning 

10 community of owners of small business concerns 

11 and entrepreneurs, customized by State. 

12 (2) CONSULTATION AND CONTRACTING.—The Ad13 ministrator shall consult or contract with resource 

14 partners of the Administration and qualified third15 party vendors to carry out this section. 

16 (3) COMMUNICATIONS TECHNOLOGY.—The Ad17 ministrator shall ensure that the online entrepre18 neurial training and the online learning community 

19 established under this subsection allow entrepreneurs 

20 (including geographically isolated entrepreneurs with 

21 less than broadband technology access) in all States 

22 and the territories of the United States to network 

23 with the peers of the entrepreneurs and to access en24 trepreneurial training and technical assistance re25 sources. 


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1 (d) MATERIALS.—In carrying out this section, the Ad2 ministrator— 

3 (1) shall, to the maximum extent practicable, use 

4 materials that incorporate quality resources and edu5 cational offerings of the Administration, the SCORE 

6 established under section 8(b)(1) of the Small Busi7 ness Act (15 U.S.C. 637(b)(1)), as amended by this 

8 Act, small business development centers, and other 

9 public and private entities; and 

10 (2) shall develop additional materials to address 

11 any areas not adequately addressed by the materials 

12 described in paragraph (1). 


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wwoods2 on DSK1DXX6B1PROD with BILLS
Calendar No. 93 

111TH CONGRESS 

1ST SESSION S. 1229 

[Report No. 111–36] 

A BILL 

To reauthorize and improve the entrepreneurial deministration, and for other purposes. velopment programs of the Small Business AdJULY 2, 2009 

Reported with an amendment 


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