II 

111TH CONGRESS 

1ST SESSION S. 1229 

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 and Ms. SNOWE) introduced the following bill; 

which was read twice and referred to the Committee on Small Business 

and Entrepreneurship 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Entrepreneurial Devel5 opment Act of 2009’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 


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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. 

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— 


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1 (1) the terms ‘‘Administration’’ and ‘‘Adminis2 trator’’ mean the Small Business Administration 

3 and the Administrator thereof, respectively; 

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

5 same meaning as in section 3 of the Small Business 

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

7 (3) the term ‘‘small business development cen8 ter’’ means a small business development center de9 scribed in section 21 of the Small Business Act (15 

10 U.S.C. 648). 

11 TITLE I—REAUTHORIZATION 

12 SEC. 101. REAUTHORIZATION. 

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

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

15 (1) by redesignating subsection (j) as sub16 section (f); and 

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

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

19 appropriated to the Administrator to carry out the 

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

21 as are necessary for the Administrator to make grants or 

22 enter into cooperative agreements for a total of— 

23 ‘‘(1) $10,000,000 in fiscal year 2010; 

24 ‘‘(2) $11,000,000 in fiscal year 2011; and 

25 ‘‘(3) $13,000,000 in fiscal year 2012.’’. 


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1 (b) SMALL BUSINESS DEVELOPMENT CENTERS.— 

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

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

4 ‘‘(vii) AUTHORIZATION OF APPROPRIA5 TIONS.—There are authorized to be appro6 priated to carry out this subparagraph— 

7 ‘‘(I) $150,000,000 for fiscal year 

8 2010; 

9 ‘‘(II) $155,000,000 for fiscal 

10 year 2011; and 

11 ‘‘(III) $160,000,000 for fiscal 

12 year 2012.’’. 

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

14 PROGRAM.— 

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

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

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

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

19 years 2010 through 2012’’; and 

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

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

22 years 2010 through 2012’’. 

23 (2) CONFORMING AMENDMENT.—Section 

24 21(c)(3)(T) of the Small Business Act (15 U.S.C. 


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

2 2006’’ and inserting ‘‘October 1, 2012’’. 

3 TITLE II—WOMEN’S SMALL BUSI4 NESS OWNERSHIP PROGRAMS 

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

6 (a) IN GENERAL.—Section 29(g) of the Small Busi7 ness Act (15 U.S.C. 656(g)) is amended— 

8 (1) in paragraph (2)— 

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

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

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

12 address issues concerning the management, op13 erations, manufacturing, technology, finance, 

14 retail and product sales, international trade, 

15 Government contracting, and other disciplines 

16 required for— 

17 ‘‘(I) starting, operating, and in18 creasing the business of a small busi19 ness concern;’’; and 

20 (B) in subparagraph (C), by inserting be21 fore the period at the end the following: ‘‘, the 

22 National Women’s Business Council, and any 

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

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


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1 ‘‘(3) TRAINING.—The Administrator may pro2 vide annual programmatic and financial oversight 

3 training for women’s business ownership representa4 tives and district office technical representatives of 

5 the Administration to enable representatives to carry 

6 out their responsibilities. 

7 ‘‘(4) PROGRAM AND TRANSPARENCY IMPROVE8 MENTS.—The Administrator shall maximize the 

9 transparency of the women’s business center finan10 cial assistance proposal process and the pro11 grammatic and financial oversight process by— 

12 ‘‘(A) providing public notice of the an13 nouncement for financial assistance under sub14 section (b) and grants under subsection (l) not 

15 later than the end of the first quarter of each 

16 fiscal year; 

17 ‘‘(B) in the announcement described in 

18 subparagraph (A), outlining award and pro19 gram evaluation criteria and describing the 

20 weighting of the criteria for financial assistance 

21 under subsection (b) and grants under sub22 section (l); 

23 ‘‘(C) minimizing paperwork and reporting 

24 requirements for applicants for and recipients 

25 of financial assistance under this section; 


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1 ‘‘(D) standardizing the oversight and re2 view process of the Administration; and 

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

4 center, not later than 60 days after the comple5 tion of a site visit at the women’s business cen6 ter (whether conducted for an audit, perform7 ance review, or other reason), a copy of site 

8 visit reports and evaluation reports prepared by 

9 district office technical representatives or offi10 cers or employees of the Administration.’’. 

11 (b) CHANGE OF TITLE.— 

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

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

14 (A) in subsection (a)— 

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

16 (ii) by redesignating paragraphs (2) 

17 and (3) as paragraphs (4) and (5), respec18 tively; and 

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

20 as so redesignated, the following: 

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

22 the Office of Women’s Business Ownership estab23 lished under subsection (g);’’; 


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

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

3 and 

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

5 heading, by striking ‘‘ASSISTANT ADMINIS6 TRATOR’’ and inserting ‘‘DIRECTOR’’. 

7 (2) WOMEN’S BUSINESS OWNERSHIP ACT OF

8 1988.—Title IV of the Women’s Business Ownership 

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

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

11 ‘‘Assistant Administrator’’ and inserting ‘‘Di12 rector’’; 

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

14 Administrator’’ and inserting ‘‘Director’’; and 

15 (C) in section 406(c), by striking ‘‘Assist16 ant Administrator’’ and inserting ‘‘Director’’. 

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

18 (a) WOMEN’S BUSINESS CENTER FINANCIAL ASSIST19 ANCE.—Section 29 of the Small Business Act (15 U.S.C. 

20 656) is amended— 

21 (1) in subsection (a)— 

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

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

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

25 centers’ means an organization— 


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1 ‘‘(A) that represents not less than 51 per2 cent of the women’s business centers that par3 ticipate in a program under this section; and 

4 ‘‘(B) whose primary purpose is to rep5 resent women’s business centers;’’; 

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

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

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

9 ‘‘(A) a private nonprofit organization; 

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

11 development organization; 

12 ‘‘(C) a development, credit, or finance cor13 poration chartered by a State; 

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

15 higher education (as that term is used in sec16 tions 101 and 102 of the Higher Education Act 

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

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

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

20 (C) by adding after paragraph (5), as re21 designated by section 201(b), the following: 

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

23 a project conducted by an eligible entity under this 

24 section that— 


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

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

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

4 of the eligible entity;’’. 

5 (2) in subsection (b)— 

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

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

8 and adjusting the margins accordingly; 

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

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

11 inserting the following: 

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

13 provide financial assistance to an eligible entity to 

14 conduct a project under this section’’; 

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

16 inserting the following: 

17 ‘‘(2) USE OF FUNDS.—The project shall be de18 signed to provide training and counseling that meets 

19 the needs of women, especially socially and economi20 cally disadvantaged women, and shall provide’’; and 

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

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

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

24 may award financial assistance under this sub25 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 

3 to provide financial assistance of $150,000 for 

4 each recipient of financial assistance under this 

5 subsection in any fiscal year, available funds 

6 shall be allocated equally to recipients, unless a 

7 recipient requests a lower amount than the allo8 cated 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 

18 operations 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’’ 

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

4 (C) in paragraph (4)— 

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

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

7 and 

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

9 and inserting ‘‘the eligible entity’’; 

10 (4) in subsection (e)— 

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

12 and inserting ‘‘eligible entity’’; 

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

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

15 (C) by striking ‘‘site’’; 

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

17 following: 

18 ‘‘(f) APPLICATIONS AND CRITERIA FOR INITIAL FI19 NANCIAL ASSISTANCE.— 

20 ‘‘(1) APPLICATION.—Each eligible entity desir21 ing financial assistance under subsection (b) shall 

22 submit to the Administrator an application that con23 tains— 

24 ‘‘(A) a certification that the eligible enti25 ty— 


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1 ‘‘(i) has designated an executive direc2 tor or program manager, who may be com3 pensated from financial assistance under 

4 subsection (b) or other sources, to manage 

5 the center on a full-time basis; and 

6 ‘‘(ii) as a condition of receiving finan7 cial assistance under subsection (b), 

8 agrees— 

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

10 Administrator as part of the final se11 lection process; 

12 ‘‘(II) to undergo an annual pro13 grammatic and financial review; and 

14 ‘‘(III) to the maximum extent 

15 practicable, to remedy any problems 

16 identified pursuant to the site visit or 

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

18 ‘‘(iii) meets the accounting and re19 porting requirements established by the 

20 Director of the Office of Management and 

21 Budget; 

22 ‘‘(B) information demonstrating that the 

23 eligible entity has the ability and resources to 

24 meet the needs of the market to be served by 

25 the women’s business center for which financial 


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1 assistance under subsection (b) is sought, in2 cluding the ability to obtain the non-Federal 

3 contribution required under subsection (c); 

4 ‘‘(C) information relating to the assistance 

5 to be provided by the women’s business center 

6 for which financial assistance under subsection 

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

8 business center site is located; 

9 ‘‘(D) information demonstrating the expe10 rience and effectiveness of the eligible entity 

11 in— 

12 ‘‘(i) conducting financial, manage13 ment, and marketing assistance programs, 

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

15 are designed to teach or upgrade the busi16 ness skills of women who are business own17 ers or potential business owners; 

18 ‘‘(ii) providing training and services to 

19 a representative number of women who are 

20 socially and economically disadvantaged; 

21 and 

22 ‘‘(iii) using resource partners of the 

23 Administration and other entities, such as 

24 universities; and 


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1 ‘‘(E) a 5-year plan that describes the abil2 ity of the women’s business center for which fi3 nancial assistance is sought— 

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

5 owners or potential owners by conducting 

6 training and counseling activities; and 

7 ‘‘(ii) to provide training and services 

8 to a representative number of women who 

9 are socially and economically disadvan10 taged. 

11 ‘‘(2) ADDITIONAL INFORMATION.—The Admin12 istrator shall make any request for additional infor13 mation from an organization applying for financial 

14 assistance under subsection (b) that was not re15 quested in the original announcement in writing. 

16 ‘‘(3) REVIEW AND APPROVAL OF APPLICATIONS

17 FOR INITIAL FINANCIAL ASSISTANCE.— 

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

19 shall— 

20 ‘‘(i) review each application submitted 

21 under paragraph (1), based on the infor22 mation described in such paragraph and 

23 the criteria set forth under subparagraph 

24 (B) of this paragraph; and 


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

2 of the final selection process, conduct a 

3 site visit at each women’s business center 

4 for which financial assistance under sub5 section (b) is sought. 

6 ‘‘(B) SELECTION CRITERIA.— 

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

8 shall evaluate applicants for financial as9 sistance under subsection (b) in accordance 

10 with selection criteria that are— 

11 ‘‘(I) established before the date 

12 on which applicants are required to 

13 submit the applications; 

14 ‘‘(II) stated in terms of relative 

15 importance; and 

16 ‘‘(III) publicly available and stat17 ed in each solicitation for applications 

18 for financial assistance under sub19 section (b) made by the Adminis20 trator. 

21 ‘‘(ii) REQUIRED CRITERIA.—The se22 lection criteria for financial assistance 

23 under subsection (b) shall include— 

24 ‘‘(I) the experience of the appli25 cant in conducting programs or ongoVerDate Nov 24 2008 00:29 Jun 11, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1229.IS S1229

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1 ing efforts designed to teach or en2 hance the business skills of women 

3 who are business owners or potential 

4 business owners; 

5 ‘‘(II) the ability of the applicant 

6 to commence a project within a min7 imum amount of time; 

8 ‘‘(III) the ability of the applicant 

9 to provide training and services to a 

10 representative number of women who 

11 are socially and economically dis12 advantaged; and 

13 ‘‘(IV) the location for the wom14 en’s business center site proposed by 

15 the applicant, including whether the 

16 applicant is located in a State in 

17 which there is not a women’s business 

18 center receiving funding from the Ad19 ministration. 

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

21 business of an applicant for financial assistance 

22 under subsection (b) is located less than 50 

23 miles from the principal place of business of a 

24 women’s business center that received funds 

25 under this section on or before the date of the 


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1 application, the applicant shall not be eligible 

2 for the financial assistance, unless the applicant 

3 submits a detailed written justification of the 

4 need for an additional center in the area in 

5 which the applicant is located. 

6 ‘‘(D) RECORD RETENTION.—The Adminis7 trator shall maintain a copy of each application 

8 submitted under this subsection for not less 

9 than 7 years.’’; and 

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

11 and inserting the following: 

12 ‘‘(3) APPLICATION AND APPROVAL FOR RE13 NEWAL GRANTS.— 

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

15 desiring a grant under this subsection shall 

16 submit to the Administrator an application that 

17 contains— 

18 ‘‘(i) a certification that the appli19 cant— 

20 ‘‘(I) is a private nonprofit organi21 zation; 

22 ‘‘(II) has designated a full-time 

23 executive director or program man24 ager to manage the women’s business 

25 center operated by the applicant; and 


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1 ‘‘(III) as a condition of receiving 

2 a grant under this subsection, 

3 agrees— 

4 ‘‘(aa) to receive a site visit 

5 as part of the final selection 

6 process; 

7 ‘‘(bb) to submit, for the 2 

8 full fiscal years before the date 

9 on which the application is sub10 mitted, annual programmatic and 

11 financial review reports or cer12 tified copies of the compliance 

13 supplemental audits under OMB 

14 Circular A–133 of the applicant; 

15 and 

16 ‘‘(cc) to remedy any problem 

17 identified pursuant to the site 

18 visit or review under item (aa) or 

19 (bb); 

20 ‘‘(ii) information demonstrating that 

21 the applicant has the ability and resources 

22 to meet the needs of the market to be 

23 served by the women’s business center for 

24 which a grant under this subsection is 

25 sought, including the ability to ability to 


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1 obtain the non-Federal contribution re2 quired under paragraph (4)(C); 

3 ‘‘(iii) information relating to assist4 ance to be provided by the women’s busi5 ness center for which a grant under this 

6 subsection is sought in the area of the 

7 women’s business center site; 

8 ‘‘(iv) information demonstrating the 

9 use of resource partners of the Administra10 tion and other entities; 

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

12 ability of the women’s business center for 

13 which a grant under this subsection is 

14 sought— 

15 ‘‘(I) to serve women who are 

16 business owners or potential business 

17 owners by conducting training and 

18 counseling activities; and 

19 ‘‘(II) to provide training and 

20 services to a representative number of 

21 women who are socially and economi22 cally disadvantaged; and 

23 ‘‘(vi) any additional information that 

24 the Administrator may reasonably require. 


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1 ‘‘(B) REVIEW AND APPROVAL OF APPLICA2 TIONS FOR GRANTS.— 

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

4 shall— 

5 ‘‘(I) review each application sub6 mitted under subparagraph (A), based 

7 on the information described in such 

8 subparagraph and the criteria set 

9 forth under clause (ii) of this subpara10 graph; and 

11 ‘‘(II) whenever practicable, as 

12 part of the final selection process, 

13 conduct a site visit at each women’s 

14 business center for which a grant 

15 under this subsection is sought. 

16 ‘‘(ii) SELECTION CRITERIA.— 

17 ‘‘(I) IN GENERAL.—The Admin18 istrator shall evaluate applicants for 

19 grants under this subsection in ac20 cordance with selection criteria that 

21 are— 

22 ‘‘(aa) established before the 

23 date on which applicants are re24 quired to submit the applications; 


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1 ‘‘(bb) stated in terms of rel2 ative importance; and 

3 ‘‘(cc) publicly available and 

4 stated in each solicitation for ap5 plications for grants under this 

6 subsection made by the Adminis7 trator. 

8 ‘‘(II) REQUIRED CRITERIA.—The 

9 selection criteria for a grant under 

10 this subsection shall include— 

11 ‘‘(aa) the total number of 

12 entrepreneurs served by the ap13 plicant; 

14 ‘‘(bb) the total number of 

15 new start-up companies assisted 

16 by the applicant; 

17 ‘‘(cc) the percentage of the 

18 clients of the applicant that are 

19 socially or economically disadvan20 taged; and 

21 ‘‘(dd) the percentage of indi22 viduals in the community served 

23 by the applicant who are socially 

24 or economically disadvantaged. 


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1 ‘‘(iii) CONDITIONS FOR CONTINUED

2 FUNDING.—In determining whether to 

3 make a grant under this subsection, the 

4 Administrator— 

5 ‘‘(I) shall consider the results of 

6 the most recent evaluation of the 

7 women’s business center for which a 

8 grant under this subsection is sought, 

9 and, to a lesser extent, previous eval10 uations; and 

11 ‘‘(II) may withhold a grant under 

12 this subsection, if the Administrator 

13 determines that the applicant has 

14 failed to provide the information re15 quired to be provided under this para16 graph, or the information provided by 

17 the applicant is inadequate. 

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

19 days after the date of the deadline to submit 

20 applications for each fiscal year, the Adminis21 trator shall approve or deny any application 

22 under this paragraph and notify the applicant 

23 for each such application. 

24 ‘‘(D) RECORD RETENTION.—The Adminis25 trator shall maintain a copy of each application 


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1 submitted under this paragraph for not less 

2 than 7 years.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

5 amended— 

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

7 a contract (as a sustainability grant) under sub8 section (l) or’’; 

9 (2) in subsection (j)(1), by striking ‘‘The Ad10 ministration’’ and inserting ‘‘Not later than Novem11 ber 1st of each year, the Administrator’’; 

12 (3) in subsection (k)— 

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

14 (4); 

15 (B) by redesignating paragraph (3) as 

16 paragraph (5); and 

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

18 so redesignated, the following: 

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

20 appropriated to the Administration to carry out this 

21 section, to remain available until expended— 

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

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

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


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

2 pursuant to paragraph (1), the Administrator shall 

3 use not less than 50 percent for grants under sub4 section (l). 

5 ‘‘(3) USE OF AMOUNTS.—Amounts made avail6 able under this subsection may only be used for 

7 grant awards and may not be used for costs incurred 

8 by the Administration in connection with the man9 agement and administration of the program under 

10 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 fis16 cal year only to the extent and in the amounts 

17 as are provided in advance in appropriations 

18 Acts. 

19 ‘‘(B) PROMPT DISBURSEMENT.—Upon re20 ceiving funds to carry out this section for a fis21 cal year, the Administrator shall, to the extent 

22 practicable, promptly reimburse funds to any 

23 women’s business center awarded financial as24 sistance under this section if the center meets 

25 the 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 sus5 pend, terminate, or fail to renew or extend any 

6 such grant or cooperative agreement, unless the 

7 Administrator— 

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

9 center with written notification setting 

10 forth 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 

16 subsection (l)’’; and 

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

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

19 respectively. 

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 serv5 ice 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 

8 (15 U.S.C. 7110(a)) is amended by striking ‘‘2001 

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

10 through 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 

17 following: 

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

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

20 ‘‘(2) VACANCY.—In the event that a chair21 person is not appointed under paragraph (1), the 

22 Deputy Administrator of the Small Business Admin23 istration shall serve as acting chairperson of the 

24 Interagency Committee until a chairperson is ap25 pointed under 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. 

3 7101) 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 poli12 cies and programs under this Act. 

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

14 Group shall be composed of 7 policy making offi15 cials, of whom— 

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

17 Small 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 

2 Council. 

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

4 established under paragraph (1) shall meet not less 

5 frequently 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 fis10 cal 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 

15 provides an independent source of advice and policy 

16 recommendations regarding women’s business devel17 opment and the needs of women entrepreneurs in 

18 the United States to— 

19 (A) the President; 

20 (B) Congress; 

21 (C) the Interagency Committee on Wom22 en’s Business Enterprise; and 

23 (D) the Administrator. 

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

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1 resentatives of business organizations, and rep2 resentatives of 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 

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

9 the positions are reserved for small business owners 

10 who are affiliated with the political party of the 

11 President, and 4 of the positions are reserved for 

12 small business owners who are not affiliated with the 

13 political party of the President. This method of ap14 pointment ensures that the National Women’s Busi15 ness Council will provide Congress with nonpartisan, 

16 balanced, and independent advice. 

17 (4) In order to maintain the independence of 

18 the National Women’s Business Council and to en19 sure that the Council continues to provide the Presi20 dent, the Interagency Committee on Women’s Busi21 ness Enterprise, the Administrator, and Congress 

22 with advice on a nonpartisan basis, it is essential 

23 that the Council maintain the bipartisan balance es24 tablished under section 407 of the Women’s Busi25 ness Ownership Act 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 

3 (15 U.S.C. 7107(f)), as amended by this Act, is amended 

4 by 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 

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

9 practicable, ensure that there are an equal number 

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

11 political 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 

21 on Small Business of the House of Representatives, 

22 that explains why the respective deadline was not 

23 met and provides an estimated date on which any 

24 vacancies 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 

6 in 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 

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

16 such centers are located. 

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

18 of enactment of this Act, the Comptroller General shall 

19 submit to Congress a report regarding the results of the 

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

21 recommendations, if any, regarding how to— 

22 (1) address the unique difficulties women’s 

23 business centers located in covered areas face be24 cause of the type of covered area in which such cen25 ters are located; 


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

2 services provided by, women’s business centers lo3 cated in covered areas; and 

4 (3) best use technology and other resources to 

5 better serve women business owners located in cov6 ered 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 

19 Small 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 

9 the meaning given the term ‘Native Corporation’ in 

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

11 Act (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 

17 subsection (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 orga8 nization 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-De13 termination and Education Assistance Act (25 

14 U.S.C. 450b); 

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

16 that— 

17 ‘‘(A) combines the resources and expertise 

18 of 2 or more distinct entities at a physical loca19 tion dedicated to assisting the Native American 

20 community; 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 

3 the 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 

9 the ability and resources to meet the 

10 needs, including the cultural needs, of the 

11 Native Americans to be served by the 

12 project; 

13 ‘‘(9) the term ‘Native American Business En14 terprise Center’ means an entity providing business 

15 development assistance to federally recognized tribes 

16 and Native Americans under a grant from the Mi17 nority Business Development Agency of the Depart18 ment of Commerce; 

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

20 concern’ means a small business concern that is 

21 owned and controlled by— 

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

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

24 corporation; 


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

2 development program’ means the program estab3 lished 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 

8 U.S.C. 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 

15 American Affairs, which, under the direction of the 

16 Assistant Administrator, shall implement the pro17 grams of the Administration for the development of 

18 business enterprises by Native Americans. 

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

20 Native American Affairs is to assist Native Amer21 ican 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 

4 for Native Americans through the establishment 

5 and 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 

15 Administrator appointed under subparagraph 

16 (A) shall have— 

17 ‘‘(i) knowledge of Native American 

18 culture; and 

19 ‘‘(ii) experience providing culturally 

20 tailored small business development assist21 ance to Native Americans. 

22 ‘‘(C) EMPLOYMENT STATUS.—The Admin23 istrator 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.— 

8 The Assistant Administrator shall— 

9 ‘‘(i) in consultation with the Associate 

10 Administrator for Entrepreneurial Devel11 opment, administer and manage the Native 

12 American Small Business Development 

13 program 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 

25 program; 


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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 infor6 mation between Native American business 

7 centers. 

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, 

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1 plicants to create Native American business 

2 centers 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 

6 American business center to overcome obstacles 

7 impeding the creation, development, and expan8 sion of small business concerns, in accordance 

9 with this 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 Amer15 ican business center that receives assistance 

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

17 project that offers culturally tailored business 

18 development 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 cap23 ital; 

24 ‘‘(II) preparing and presenting fi25 nancial statements; and 


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1 ‘‘(III) managing cash flow and 

2 other financial operations of a busi3 ness 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 opportu19 nities; 

20 ‘‘(V) negotiating contracts; and 

21 ‘‘(VI) utilizing varying public re22 lations and advertising techniques. 

23 ‘‘(B) BUSINESS DEVELOPMENT ASSIST24 ANCE RECIPIENTS.—The business development 

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1 fered to prospective and current owners of small 

2 business 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 cen12 ters authorized under this subsection may 

13 be made by grant, contract, or cooperative 

14 agreement. 

15 ‘‘(ii) EXCEPTION.—Financial assist16 ance under this subsection to Alaska Na17 tive corporations may only be made by 

18 grant or cooperative agreement. 

19 ‘‘(B) PAYMENTS.— 

20 ‘‘(i) TIMING.—Payments made under 

21 this subsection may be disbursed in peri22 odic installments, at the request of the re23 cipient. 

24 ‘‘(ii) ADVANCE.—The Administrator 

25 may disburse not more than 25 percent of 


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1 the annual amount of Federal financial as2 sistance awarded to a Native American 

3 small business center after notice of the 

4 award has been issued. 

5 ‘‘(C) FEDERAL SHARE.— 

6 ‘‘(i) IN GENERAL.— 

7 ‘‘(I) INITIAL FINANCIAL ASSIST8 ANCE.—Except as provided in sub9 clause (II), an eligible applicant that 

10 receives financial assistance under this 

11 subsection shall provide non-Federal 

12 contributions for the operation of the 

13 Native American business center es14 tablished by the eligible applicant in 

15 an amount equal to— 

16 ‘‘(aa) in each of the first 

17 and second years of the project, 

18 not less than 33 percent of the 

19 amount of the financial assist20 ance received under this sub21 section; and 

22 ‘‘(bb) in each of the third 

23 through fifth years of the project, 

24 not less than 50 percent of the 

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1 ance received under this sub2 section. 

3 ‘‘(II) RENEWALS.—An eligible 

4 applicant that receives a renewal of fi5 nancial assistance under this sub6 section shall provide non-Federal con7 tributions for the operation of a Na8 tive American business center estab9 lished by the eligible applicant in an 

10 amount equal to not less than 50 per11 cent of the amount of the financial as12 sistance received under this sub13 section. 

14 ‘‘(4) CONTRACT AND COOPERATIVE AGREE15 MENT AUTHORITY.—A Native American business 

16 center may enter into a contract or cooperative 

17 agreement with a Federal department or agency to 

18 provide specific assistance to Native American and 

19 other underserved small business concerns located on 

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

21 or cooperative agreement is consistent with and does 

22 not duplicate the terms of any assistance received by 

23 the Native American business center from the Ad24 ministration. 

25 ‘‘(5) APPLICATION PROCESS.— 


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

2 Each applicant for assistance under paragraph 

3 (1) shall submit a 5-year plan to the Adminis4 tration on proposed assistance and training ac5 tivities. 

6 ‘‘(B) CRITERIA.— 

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

8 shall evaluate applicants for financial as9 sistance under this subsection in accord10 ance with selection criteria that are— 

11 ‘‘(I) established before the date 

12 on which eligible applicants are re13 quired to submit the applications; 

14 ‘‘(II) stated in terms of relative 

15 importance; and 

16 ‘‘(III) publicly available and stat17 ed in each solicitation for applications 

18 for financial assistance under this 

19 subsection made by the Administrator. 

20 ‘‘(ii) CONSIDERATIONS.—The criteria 

21 required by this subparagraph shall in22 clude— 

23 ‘‘(I) the experience of the appli24 cant in conducting programs or ongo25 ing efforts designed to impart or upVerDate Nov 24 2008 00:29 Jun 11, 2009 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1229.IS S1229

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1 grade the business skills of current or 

2 potential owners of Native American 

3 small business concerns; 

4 ‘‘(II) the ability of the applicant 

5 to commence a project within a min6 imum amount of time; 

7 ‘‘(III) the ability of the applicant 

8 to provide quality training and serv9 ices to a significant number of Native 

10 Americans; 

11 ‘‘(IV) previous assistance from 

12 the Administration to provide services 

13 in Native American communities; 

14 ‘‘(V) the proposed location for 

15 the Native American business center, 

16 with priority given based on the prox17 imity of the center to the population 

18 being served and to achieve a broad 

19 geographic dispersion of the centers; 

20 and 

21 ‘‘(VI) demonstrated experience in 

22 providing technical assistance, includ23 ing financial, marketing, and manage24 ment assistance. 


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

2 eligible applicant desiring a grant under this sub3 section shall submit an application to the Adminis4 trator that contains— 

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

6 ‘‘(i) is an eligible applicant; 

7 ‘‘(ii) employs an executive director or 

8 program manager to manage the Native 

9 American business center; and 

10 ‘‘(iii) agrees— 

11 ‘‘(I) to a site visit by the Admin12 istrator as part of the final selection 

13 process; 

14 ‘‘(II) to an annual programmatic 

15 and financial examination; and 

16 ‘‘(III) to the maximum extent 

17 practicable, to remedy any problems 

18 identified pursuant to that site visit or 

19 examination; 

20 ‘‘(B) information demonstrating that the 

21 applicant has the ability and resources to meet 

22 the needs, including cultural needs, of the Na23 tive Americans to be served by the grant; 

24 ‘‘(C) information relating to proposed as25 sistance that the grant will provide, including— 


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

2 assisted; and 

3 ‘‘(ii) the number of hours of coun4 seling, training, and workshops to be pro5 vided; 

6 ‘‘(D) information demonstrating the effec7 tiveness and experience of the applicant in— 

8 ‘‘(i) conducting financial, manage9 ment, and marketing assistance programs 

10 designed to educate or improve the busi11 ness skills of, current or prospective Native 

12 American business owners; 

13 ‘‘(ii) providing training and services to 

14 a representative number of Native Ameri15 cans; 

16 ‘‘(iii) using resource partners of the 

17 Administration and other entities, includ18 ing universities, Indian tribes, or tribal col19 leges; and 

20 ‘‘(iv) the prudent management of fi21 nances and staffing; 

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

23 provide training and services to Native Ameri24 cans; 

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


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1 ‘‘(i) the number of Native Americans 

2 and Native American small business con3 cerns to be served by the grant; 

4 ‘‘(ii) if the Native American business 

5 center is located in the continental United 

6 States, the number of Native Americans to 

7 be served by the grant; and 

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

9 provided to a representative number of Na10 tive Americans; and 

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

12 ‘‘(i) a certification that each partici13 pant in the joint project is an eligible ap14 plicant; 

15 ‘‘(ii) information demonstrating a 

16 record of commitment to providing assist17 ance to Native Americans; and 

18 ‘‘(iii) information demonstrating that 

19 the participants in the joint project have 

20 the ability and resources to meet the 

21 needs, including the cultural needs, of the 

22 Native Americans to be served by the 

23 grant. 

24 ‘‘(7) REVIEW OF APPLICATIONS.—The Adminis25 trator shall approve or disapprove each completed 


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1 application submitted under this subsection not later 

2 than 60 days after the date on which the eligible ap3 plicant submits the application. 

4 ‘‘(8) PROGRAM EXAMINATION.— 

5 ‘‘(A) IN GENERAL.—Each Native Amer6 ican business center established under this sub7 section shall annually provide to the Adminis8 trator an itemized cost breakdown of actual ex9 penditures made during the preceding year. 

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

11 information received under subparagraph (A), 

12 the Administration shall— 

13 ‘‘(i) develop and implement an annual 

14 programmatic and financial examination of 

15 each Native American business center as16 sisted pursuant to this subsection; and 

17 ‘‘(ii) analyze the results of each exam18 ination conducted under clause (i) to deter19 mine the programmatic and financial via20 bility of each Native American business 

21 center. 

22 ‘‘(C) CONDITIONS FOR CONTINUED FUND23 ING.—In determining whether to renew a grant, 

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1 tive American business center, the Administra2 tion— 

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

4 most recent examination of the center 

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

6 extent, previous examinations; and 

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

8 the Administrator determines that— 

9 ‘‘(I) the center has failed to pro10 vide the information required to be 

11 provided under subparagraph (A), or 

12 the information provided by the center 

13 is inadequate; 

14 ‘‘(II) the center has failed to pro15 vide adequate information required to 

16 be provided by the center for purposes 

17 of the report of the Administrator 

18 under subparagraph (E); 

19 ‘‘(III) the center has failed to 

20 comply with a requirement for partici21 pation in the Native American small 

22 business development program, as de23 termined by the Administrator, in24 cluding— 


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1 ‘‘(aa) failure to acquire or 

2 properly document a non-Federal 

3 share; 

4 ‘‘(bb) failure to establish an 

5 appropriate partnership or pro6 gram for marketing and outreach 

7 to reach new Native American 

8 small business concerns; 

9 ‘‘(cc) failure to achieve re10 sults described in a financial as11 sistance agreement; and 

12 ‘‘(dd) failure to provide to 

13 the Administrator a description 

14 of the amount and sources of any 

15 non-Federal funding received by 

16 the center; 

17 ‘‘(IV) the center has failed to 

18 carry out the 5-year plan under in 

19 paragraph (6)(F); or 

20 ‘‘(V) the center cannot make the 

21 certification described in paragraph 

22 (6)(A). 

23 ‘‘(D) CONTINUING CONTRACT AND COOP24 ERATIVE AGREEMENT AUTHORITY.— 


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1 ‘‘(i) IN GENERAL.—The authority of 

2 the Administrator to enter into contracts 

3 or cooperative agreements in accordance 

4 with this subsection shall be in effect for 

5 each fiscal year only to the extent and in 

6 the amounts as are provided in advance in 

7 appropriations Acts. 

8 ‘‘(ii) RENEWAL.—After the Adminis9 trator has entered into a contract or coop10 erative agreement with any Native Amer11 ican business center under this subsection, 

12 the Administrator may not suspend, termi13 nate, or fail to renew or extend any such 

14 contract or cooperative agreement unless 

15 the Administrator provides the center with 

16 written notification setting forth the rea17 sons therefor and affords the center an op18 portunity for a hearing, appeal, or other 

19 administrative proceeding under chapter 5 

20 of title 5, United States Code. 

21 ‘‘(E) MANAGEMENT REPORT.— 

22 ‘‘(i) IN GENERAL.—The Administra23 tion shall prepare and submit to the Com24 mittee on Small Business and Entrepre25 neurship of the Senate and the Committee 


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1 on Small Business of the House of Rep2 resentatives an annual report on the effec3 tiveness of all projects conducted by Native 

4 American business centers under this sub5 section and any pilot programs adminis6 tered by the Office of Native American Af7 fairs. 

8 ‘‘(ii) CONTENTS.—Each report sub9 mitted under clause (i) shall include, with 

10 respect to each Native American business 

11 center receiving financial assistance under 

12 this subsection— 

13 ‘‘(I) the number of individuals re14 ceiving assistance from the Native 

15 American business center; 

16 ‘‘(II) the number of startup busi17 ness concerns created with the assist18 ance of the Native American business 

19 center; 

20 ‘‘(III) the number of existing 

21 businesses in the area served by the 

22 Native American business center seek23 ing to expand employment; 

24 ‘‘(IV) the number of jobs created 

25 or maintained, on an annual basis, by 


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1 Native American small business con2 cerns assisted by the center since re3 ceiving funding under this Act; 

4 ‘‘(V) to the maximum extent 

5 practicable, the amount of the capital 

6 investment and loan financing used by 

7 emerging and expanding businesses 

8 that were assisted by a Native Amer9 ican business center; and 

10 ‘‘(VI) the most recent examina11 tion, as required under subparagraph 

12 (B), and the determination made by 

13 the Administration under that sub14 paragraph. 

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

16 business center receiving financial assistance under 

17 this subsection shall submit to the Administrator an 

18 annual report on the services provided with the fi19 nancial assistance, including— 

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

21 categorized by ethnicity; 

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

23 counseling and training for those individuals; 


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

2 concerns created or maintained with the assist3 ance of the Native American business center; 

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

5 concerns assisted by the Native American busi6 ness center; 

7 ‘‘(E) the number of jobs created or main8 tained by small business concerns assisted by 

9 the Native American business center; and 

10 ‘‘(F) the number of jobs for Native Ameri11 cans created or maintained at small business 

12 concerns assisted by the Native American busi13 ness center. 

14 ‘‘(10) RECORD RETENTION.— 

15 ‘‘(A) APPLICATIONS.—The Administrator 

16 shall maintain a copy of each application sub17 mitted under this subsection for not less than 

18 7 years. 

19 ‘‘(B) ANNUAL REPORTS.—The Adminis20 trator shall maintain copies of the certification 

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

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

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

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

25 American Small Business Development program.’’. 


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1 SEC. 303. STUDY AND REPORT ON NATIVE AMERICAN BUSI2 NESS CENTERS. 

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

4 United States shall conduct a broad study of the unique 

5 economic issues facing Native American business centers 

6 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 

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

16 located. 

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

18 of enactment of this Act, the Comptroller General shall 

19 submit to Congress a report regarding the results of the 

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

21 recommendations, if any, regarding how to— 

22 (1) address the unique difficulties Native Amer23 ican business centers face because of the type of 

24 area in which such centers are located; 


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

2 services provided by, Native American business cen3 ters; and 

4 (3) best use technology and other resources to 

5 better serve Native American business owners. 

6 (c) DEFINITION OF NATIVE AMERICAN BUSINESS

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

8 business center’’ has the meaning given that term in sec9 tion 44(a) of the Small Business Act, as added by this 

10 Act. 

11 SEC. 304. OFFICE OF NATIVE AMERICAN AFFAIRS PILOT 

12 PROGRAM. 

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

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

15 community of Indians located in the contiguous United 

16 States, and the Metlakatla Indian Community, whose 

17 members are recognized as eligible for the services pro18 vided to Indians by the Secretary of the Interior because 

19 of their status as Indians. 

20 (b) AUTHORIZATION.—The Office of Native Amer21 ican Affairs of the Administration may conduct a pilot 

22 program— 

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

24 tool for Indian tribes that will allow such tribes to 


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1 evaluate and implement best practices for economic 

2 development; and 

3 (2) to provide assistance to Indian tribes, 

4 through an interagency working group, in identifying 

5 and implementing economic development opportuni6 ties available from the Federal Government and pri7 vate enterprise, including— 

8 (A) the Administration; 

9 (B) the Department of Energy; 

10 (C) the Environmental Protection Agency; 

11 (D) the Department of Commerce; 

12 (E) the Federal Communications Commis13 sion; 

14 (F) the Department of Justice; 

15 (G) the Department of Labor; 

16 (H) the Office of National Drug Control 

17 Policy; and 

18 (I) the Department of Agriculture. 

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

20 conduct a pilot program under this section shall terminate 

21 on September 30, 2012. 

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

23 the Office of Native American Affairs shall submit a re24 port to the Committee on Small Business and Entrepre25 neurship of the Senate and the Committee on Small BusiVerDate Nov 24 2008 00:29 Jun 11, 2009 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1229.IS S1229

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1 ness of the House of Representatives regarding the effec2 tiveness of the self-assessment tool developed under sub3 section (b)(1). 

4 TITLE IV—VETERANS’ BUSINESS 

5 CENTER PROGRAM 

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

7 OF VETERANS BUSINESS DEVELOPMENT. 

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

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

10 (f) and inserting the following: 

11 ‘‘(f) ONLINE COORDINATION.— 

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

13 ‘veterans’ assistance provider’ means— 

14 ‘‘(A) a veterans’ business center estab15 lished under subsection (g); 

16 ‘‘(B) an employee of the Administration 

17 assigned to the Office of Veterans Business De18 velopment; and 

19 ‘‘(C) a veterans business ownership rep20 resentative designated under subsection 

21 (g)(13)(B). 

22 ‘‘(2) ESTABLISHMENT.—The Associate Admin23 istrator shall establish an online mechanism to— 

24 ‘‘(A) provide information that assists vet25 erans’ assistance providers in carrying out the 


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1 activities of the veterans’ assistance providers; 

2 and 

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

4 the veterans’ assistance providers, including by 

5 allowing a veterans’ assistance provider to— 

6 ‘‘(i) distribute best practices and 

7 other materials; 

8 ‘‘(ii) communicate with other vet9 erans’ assistance providers regarding the 

10 activities of the veterans’ assistance pro11 vider on behalf of veterans; and 

12 ‘‘(iii) pose questions to and request 

13 input from other veterans’ assistance pro14 viders. 

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

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

17 ‘‘(A) the term ‘active duty’ has the mean18 ing given that term in section 101 of title 10, 

19 United States Code; 

20 ‘‘(B) the term ‘private nonprofit organiza21 tion’ means an entity that is described in sec22 tion 501(c) of the Internal Revenue Code of 

23 1986 and exempt from taxation under section 

24 501(a) of such Code; 


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

2 of a reserve component of the Armed Forces, as 

3 described in section 10101 of title 10, United 

4 States Code; 

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

6 Executives’ means the Service Corps of Retired 

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

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

9 owned and controlled by veterans’— 

10 ‘‘(i) has the same meaning as in sec11 tion 3(q); and 

12 ‘‘(ii) includes a small business con13 cern— 

14 ‘‘(I) not less than 51 percent of 

15 which is owned by one or more 

16 spouses of veterans or, in the case of 

17 any publicly owned business, not less 

18 than 51 percent of the stock of which 

19 is owned by one or more spouses of 

20 veterans; and 

21 ‘‘(II) the management and daily 

22 business operations of which are con23 trolled by one or more spouses of vet24 erans; 


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1 ‘‘(F) the term ‘spouse’, relating to a vet2 eran, service-disabled veteran, or Reservist, in3 cludes an individual who is the spouse of a vet4 eran, service-disabled veteran, or Reservist on 

5 the date on which the veteran, service-disabled 

6 veteran, or Reservist died; 

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

8 program’ means the program established under 

9 paragraph (2)(A); and 

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

11 means a women’s business center described in 

12 section 29. 

13 ‘‘(2) PROGRAM ESTABLISHED.— 

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

15 acting through the Associate Administrator, 

16 shall establish a veterans’ business center pro17 gram, under which the Associate Administrator 

18 may provide financial assistance to a private 

19 nonprofit organization to conduct a 5-year 

20 project for the benefit of small business con21 cerns owned and controlled by veterans, which 

22 may be renewed for one or more additional 5- 

23 year periods. 

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

25 Financial assistance under this subsection may 


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1 be in the form of a grant, a contract, or a coop2 erative agreement. 

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

4 private nonprofit organization that receives financial 

5 assistance under this subsection shall establish or 

6 operate a veterans’ business center (which may in7 clude establishing or operating satellite offices in the 

8 region described in paragraph (5) served by that pri9 vate nonprofit organization) that provides to vet10 erans (including service-disabled veterans), Reserv11 ists, and the spouses of veterans (including service12 disabled veterans) and Reservists— 

13 ‘‘(A) financial advice, including training 

14 and counseling on applying for and securing 

15 business credit and investment capital, pre16 paring and presenting financial statements, and 

17 managing cash flow and other financial oper18 ations of a small business concern; 

19 ‘‘(B) management advice, including train20 ing and counseling on the planning, organiza21 tion, staffing, direction, and control of each 

22 major activity and function of a small business 

23 concern; 

24 ‘‘(C) marketing advice, including training 

25 and counseling on identifying and segmenting 


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1 domestic and international market opportuni2 ties, preparing and executing marketing plans, 

3 developing pricing strategies, locating contract 

4 opportunities, negotiating contracts, and using 

5 public relations and advertising techniques; and 

6 ‘‘(D) advice, including training and coun7 seling, for Reservists and the spouses of Reserv8 ists. 

9 ‘‘(4) APPLICATION.— 

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

11 organization desiring to receive financial assist12 ance under this subsection shall submit an ap13 plication to the Associate Administrator at such 

14 time and in such manner as the Associate Ad15 ministrator may require. 

16 ‘‘(B) 5-YEAR PLAN.—Each application de17 scribed in subparagraph (A) shall include a 5- 

18 year plan on proposed fundraising and training 

19 activities relating to the veterans’ business cen20 ter. 

21 ‘‘(C) DETERMINATION AND NOTIFICA22 TION.—Not later than 60 days after the date 

23 on which a private nonprofit organization sub24 mits an application under subparagraph (A), 

25 the Associate Administrator shall approve or 


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1 deny the application and notify the applicant of 

2 the determination. 

3 ‘‘(D) AVAILABILITY OF APPLICATION.— 

4 The Associate Administrator shall make every 

5 effort to make the application under subpara6 graph (A) available online. 

7 ‘‘(5) ELIGIBILITY.—The Associate Adminis8 trator may select to receive financial assistance 

9 under this subsection— 

10 ‘‘(A) a Veterans Business Outreach Center 

11 established by the Administrator under section 

12 8(b)(17) on or before the day before the date 

13 of enactment of this subsection; 

14 ‘‘(B) a private nonprofit organization 

15 that— 

16 ‘‘(i) received financial assistance in 

17 fiscal year 2006 from the National Vet18 erans Business Development Corporation 

19 established under section 33; and 

20 ‘‘(ii) is in operation on the date of en21 actment of this subsection; or 

22 ‘‘(C) other private nonprofit organizations 

23 located in various regions of the United States, 

24 as the Associate Administrator determines is 

25 appropriate. 


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1 ‘‘(6) SELECTION CRITERIA.— 

2 ‘‘(A) IN GENERAL.—The Associate Admin3 istrator shall establish selection criteria, stated 

4 in terms of relative importance, to evaluate and 

5 rank applicants under paragraph (5)(C) for fi6 nancial assistance under this subsection. 

7 ‘‘(B) CRITERIA.—The selection criteria es8 tablished under this paragraph shall include— 

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

10 conducting programs or ongoing efforts de11 signed to impart or upgrade the business 

12 skills of veterans, and the spouses of vet13 erans, who own or may own small business 

14 concerns; 

15 ‘‘(ii) for an applicant for initial finan16 cial assistance under this subsection— 

17 ‘‘(I) the ability of the applicant 

18 to begin operating a veterans’ busi19 ness center within a minimum amount 

20 of time; and 

21 ‘‘(II) the geographic region to be 

22 served by the veterans business cen23 ter; 

24 ‘‘(iii) the demonstrated ability of the 

25 applicant to— 


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1 ‘‘(I) provide managerial coun2 seling and technical assistance to en3 trepreneurs; and 

4 ‘‘(II) coordinate services provided 

5 by veterans services organizations and 

6 other public or private entities; and 

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

8 of financial assistance under this sub9 section, the results of the most recent ex10 amination under paragraph (10) of the 

11 veterans’ business center operated by the 

12 applicant. 

13 ‘‘(C) CRITERIA PUBLICLY AVAILABLE.— 

14 The Associate Administrator shall— 

15 ‘‘(i) make publicly available the selec16 tion criteria established under this para17 graph; and 

18 ‘‘(ii) include the criteria in each solici19 tation for applications for financial assist20 ance under this subsection. 

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

22 financial assistance provided under this subsection 

23 to a private nonprofit organization for each fiscal 

24 year shall be— 

25 ‘‘(A) not less than $150,000; and 


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1 ‘‘(B) not more than $200,000. 

2 ‘‘(8) FEDERAL SHARE.— 

3 ‘‘(A) IN GENERAL.— 

4 ‘‘(i) INITIAL FINANCIAL ASSIST5 ANCE.—Except as provided in clause (ii), a 

6 private nonprofit organization that receives 

7 financial assistance under this subsection 

8 shall provide non-Federal contributions for 

9 the operation of the veterans business cen10 ter established by the private nonprofit or11 ganization in an amount equal to— 

12 ‘‘(I) in each of the first and sec13 ond years of the project, not less than 

14 33 percent of the amount of the fi15 nancial assistance received under this 

16 subsection; and 

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

18 fifth years of the project, not less 

19 than 50 percent of the amount of the 

20 financial assistance received under 

21 this subsection. 

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

23 organization that receives a renewal of fi24 nancial assistance under this subsection 

25 shall provide non-Federal contributions for 


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1 the operation of the veterans business cen2 ter established by the private nonprofit or3 ganization in an amount equal to not less 

4 than 50 percent of the amount of the fi5 nancial assistance received under this sub6 section . 

7 ‘‘(B) FORM OF NON-FEDERAL SHARE.— 

8 Not more than 50 percent of the non-Federal 

9 share for a project carried out using financial 

10 assistance under this subsection may be in the 

11 form of in-kind contributions. 

12 ‘‘(C) TIMING OF DISBURSEMENT.—The 

13 Associate Administrator may disburse not more 

14 than 25 percent of the financial assistance 

15 awarded to a private nonprofit organization be16 fore the private nonprofit organization obtains 

17 the non-Federal share required under this para18 graph with respect to that award. 

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

20 FUNDING.— 

21 ‘‘(i) IN GENERAL.—If a private non22 profit organization that receives financial 

23 assistance under this subsection fails to ob24 tain the non-Federal share required under 

25 this paragraph during any fiscal year, the 


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1 private nonprofit organization may not re2 ceive a disbursement under this subsection 

3 in a subsequent fiscal year or a disburse4 ment for any other project funded by the 

5 Administration, unless the Administrator 

6 makes a written determination that the 

7 private nonprofit organization will be able 

8 to obtain a non-Federal contribution. 

9 ‘‘(ii) RESTORATION.—A private non10 profit organization prohibited from receiv11 ing a disbursement under clause (i) in a 

12 fiscal year may receive financial assistance 

13 in a subsequent fiscal year if the organiza14 tion obtains the non-Federal share re15 quired under this paragraph for the subse16 quent fiscal year. 

17 ‘‘(9) CONTRACT AUTHORITY.—A veterans’ busi18 ness center may enter into a contract with a Federal 

19 department or agency to provide specific assistance 

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

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

22 Reservists. Performance of such contract shall not 

23 hinder the veterans’ business center in carrying out 

24 the terms of the grant received by the veterans’ 

25 business centers from the Administrator. 


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1 ‘‘(10) EXAMINATION AND DETERMINATION OF

2 VIABILITY.— 

3 ‘‘(A) EXAMINATION.— 

4 ‘‘(i) IN GENERAL.—The Associate Ad5 ministrator shall conduct an annual exam6 ination of the programs and finances of 

7 each veterans’ business center established 

8 or operated using financial assistance 

9 under this subsection. 

10 ‘‘(ii) FACTORS.—In conducting the ex11 amination under clause (i), the Associate 

12 Administrator shall consider whether the 

13 veterans business center has failed— 

14 ‘‘(I) to provide the information 

15 required to be provided under sub16 paragraph (B), or the information 

17 provided by the center is inadequate; 

18 ‘‘(II) the center has failed to 

19 comply with a requirement for partici20 pation in the veterans’ business center 

21 program, as determined by the Assist22 ant Administrator, including— 

23 ‘‘(aa) failure to acquire or 

24 properly document a non-Federal 

25 share; 


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1 ‘‘(bb) failure to establish an 

2 appropriate partnership or pro3 gram for marketing and outreach 

4 to small business concerns; 

5 ‘‘(cc) failure to achieve re6 sults described in a financial as7 sistance agreement; and 

8 ‘‘(dd) failure to provide to 

9 the Administrator a description 

10 of the amount and sources of any 

11 non-Federal funding received by 

12 the center; 

13 ‘‘(III) to carry out the 5-year 

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

15 ‘‘(IV) to meet the eligibility re16 quirements under paragraph (5). 

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

18 course of an examination under subparagraph 

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

20 to the Associate Administrator— 

21 ‘‘(i) an itemized cost breakdown of ac22 tual expenditures for costs incurred during 

23 the most recent full fiscal year; 

24 ‘‘(ii) documentation of the amount of 

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1 pended by the veterans’ business center 

2 during the most recent full fiscal year; and 

3 ‘‘(iii) with respect to any in-kind con4 tribution under paragraph (8)(B), verifica5 tion of the existence and valuation of such 

6 contributions. 

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

8 Associate Administrator shall analyze the re9 sults of each examination under this paragraph 

10 and, based on that analysis, make a determina11 tion regarding the viability of the programs and 

12 finances of each veterans’ business center. 

13 ‘‘(D) DISCONTINUATION OF FUNDING.— 

14 ‘‘(i) IN GENERAL.—The Associate Ad15 ministrator may discontinue an award of 

16 financial assistance to a private nonprofit 

17 organization at any time if the Associate 

18 Administrator determines under subpara19 graph (C) that the veterans’ business cen20 ter operated by that organization is not 

21 viable. 

22 ‘‘(ii) RESTORATION.—The Associate 

23 Administrator may continue to provide fi24 nancial assistance to a private nonprofit 

25 organization in a subsequent fiscal year if 


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1 the Associate Administrator determines 

2 under subparagraph (C) that the veterans’ 

3 business center is viable. 

4 ‘‘(11) PRIVACY REQUIREMENTS.— 

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

6 subparagraph (B), a veterans’ business center 

7 established or operated using financial assist8 ance provided under this subsection may not 

9 disclose the name, address, or telephone num10 ber of any individual or small business concern 

11 that receives advice from the veterans’ business 

12 center without the consent of the individual or 

13 small business concern. 

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

15 center may disclose information described in 

16 subparagraph (A)— 

17 ‘‘(i) if the Administrator or Associate 

18 Administrator is ordered to make such a 

19 disclosure by a court in any civil or crimi20 nal enforcement action initiated by a Fed21 eral or State agency; or 

22 ‘‘(ii) to the extent that the Adminis23 trator or Associate Administrator deter24 mines that such a disclosure is necessary 


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1 to conduct a financial audit of a veterans’ 

2 business center. 

3 ‘‘(C) ADMINISTRATION USE OF INFORMA4 TION.—This paragraph does not— 

5 ‘‘(i) restrict access by the Adminis6 trator to program activity data; or 

7 ‘‘(ii) prevent the Administrator from 

8 using information not described in sub9 paragraph (A) to conduct surveys of indi10 viduals or small business concerns that re11 ceive advice from a veterans’ business cen12 ter. 

13 ‘‘(D) REGULATIONS.—The Administrator 

14 shall issue regulations to establish standards for 

15 requiring disclosures under subparagraph 

16 (B)(ii). 

17 ‘‘(12) REPORT.— 

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

19 days after the end of each fiscal year, the Asso20 ciate Administrator shall submit to the Com21 mittee on Small Business and Entrepreneurship 

22 of the Senate and the Committee on Small 

23 Business of the House of Representatives a re24 port on the effectiveness of the veterans’ busiVerDate Nov 24 2008 00:29 Jun 11, 2009 Jkt 079200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S1229.IS S1229

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1 ness center program in each region during the 

2 most recent full fiscal year. 

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

4 paragraph shall include, at a minimum, for 

5 each veterans’ business center established or 

6 operated using financial assistance provided 

7 under this subsection— 

8 ‘‘(i) the number of individuals receiv9 ing assistance from the veterans’ business 

10 center, including the number of such indi11 viduals who are— 

12 ‘‘(I) veterans or spouses of vet13 erans; 

14 ‘‘(II) service-disabled veterans or 

15 spouses of service-disabled veterans; 

16 or 

17 ‘‘(III) Reservists or spouses of 

18 Reservists; 

19 ‘‘(ii) the number of startup small 

20 business concerns formed by individuals re21 ceiving assistance from the veterans’ busi22 ness center, including— 

23 ‘‘(I) veterans or spouses of vet24 erans; 


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1 ‘‘(II) service-disabled veterans or 

2 spouses of service-disabled veterans; 

3 or 

4 ‘‘(III) Reservists or spouses of 

5 Reservists; 

6 ‘‘(iii) the gross receipts of small busi7 ness concerns that receive advice from the 

8 veterans’ business center; 

9 ‘‘(iv) the employment increases or de10 creases of small business concerns that re11 ceive advice from the veterans’ business 

12 center; 

13 ‘‘(v) to the maximum extent prac14 ticable, the increases or decreases in prof15 its of small business concerns that receive 

16 advice from the veterans’ business center; 

17 and 

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

19 the veterans’ business center under para20 graph (10). 

21 ‘‘(13) COORDINATION OF EFFORTS AND CON22 SULTATION.— 

23 ‘‘(A) COORDINATION AND CONSULTA24 TION.—To the extent practicable, the Associate 

25 Administrator and each private nonprofit orgaVerDate Nov 24 2008 00:29 Jun 11, 2009 Jkt 079200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S1229.IS S1229

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1 nization that receives financial assistance under 

2 this subsection shall— 

3 ‘‘(i) coordinate outreach and other ac4 tivities with other programs of the Admin5 istration and the programs of other Fed6 eral agencies; 

7 ‘‘(ii) consult with technical representa8 tives of the district offices of the Adminis9 tration in carrying out activities using fi10 nancial assistance under this subsection; 

11 and 

12 ‘‘(iii) provide information to the vet13 erans business ownership representatives 

14 designated under subparagraph (B) and 

15 coordinate with the veterans business own16 ership representatives to increase the abil17 ity of the veterans business ownership rep18 resentatives to provide services throughout 

19 the area served by the veterans business 

20 ownership representatives. 

21 ‘‘(B) VETERANS BUSINESS OWNERSHIP

22 REPRESENTATIVES.— 

23 ‘‘(i) DESIGNATION.—The Adminis24 trator shall designate not fewer than 1 in25 dividual in each district office of the AdVerDate Nov 24 2008 00:29 Jun 11, 2009 Jkt 079200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S1229.IS S1229

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1 ministration as a veterans business owner2 ship representative, who shall communicate 

3 and coordinate activities of the district of4 fice with private nonprofit organizations 

5 that receive financial assistance under this 

6 subsection. 

7 ‘‘(ii) INITIAL DESIGNATION.—The 

8 first individual in each district office of the 

9 Administration designated by the Adminis10 trator as a veterans business ownership 

11 representative under clause (i) shall be an 

12 individual that is employed by the Admin13 istration on the date of enactment of this 

14 subsection. 

15 ‘‘(14) EXISTING CONTRACTS.—An award of fi16 nancial assistance under this subsection shall not 

17 void any contract between a private nonprofit orga18 nization and the Administration that is in effect on 

19 the date of such award. 

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

21 are authorized to be appropriated— 

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

23 $2,000,000 for each of fiscal years 2010 through 

24 2012; and 

25 ‘‘(2) to carry out subsection (g)— 


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

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

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

4 (b) GAO REPORT.— 

5 (1) DEFINITIONS.—In this subsection— 

6 (A) the term ‘‘small business concern 

7 owned and controlled by veterans’’ has the 

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

9 Small Business Act, as added by this section; 

10 and 

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

12 program’’ means the veterans’ business center 

13 program established under section 32(g) of the 

14 Small Business Act, as added by this section. 

15 (2) REPORT.— 

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

17 after the end of the second fiscal year beginning 

18 after the date on which the veterans’ business 

19 center program is established, the Comptroller 

20 General of the United States shall evaluate the 

21 effectiveness of the veterans’ business center 

22 program, and submit to Congress a report on 

23 the results of that evaluation. 

24 (B) CONTENTS.—The report submitted 

25 under subparagraph (A) shall include— 


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1 (i) an assessment of— 

2 (I) the use of amounts made 

3 available to carry out the veterans’ 

4 business center program; 

5 (II) the effectiveness of the serv6 ices provided by each private non7 profit organization receiving financial 

8 assistance under the veterans’ busi9 ness center program; 

10 (III) whether the services de11 scribed in clause (ii) are duplicative of 

12 services provided by other veteran 

13 service organizations, programs of the 

14 Administration, or programs of an15 other Federal department or agency 

16 and, if so, recommendations regarding 

17 how to alleviate the duplication of the 

18 services; and 

19 (IV) whether there are areas of 

20 the United States in which there are 

21 not adequate entrepreneurial services 

22 for small business concerns owned and 

23 controlled by veterans and, if so, 

24 whether there is a veterans’ business 

25 center established under the veterans’ 


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1 business center program providing 

2 services to that area; and 

3 (ii) recommendations, if any, for im4 proving the veteran’s business center pro5 gram. 

6 SEC. 402. REPORTING REQUIREMENT FOR INTERAGENCY 

7 TASK FORCE. 

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

9 657b(c)) is amended by adding at the end the following: 

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

11 each year, the Administrator shall submit to Con12 gress a report on the appointments made to and ac13 tivities of the task force.’’. 

14 SEC. 403. REPEAL AND RENEWAL OF GRANTS. 

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

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

17 contract, or cooperative agreement that was— 

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

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

20 and 

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

22 subsection (b)(2). 

23 (b) REPEAL.— 

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

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


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

2 the end; 

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

4 and inserting a period; and 

5 (C) by striking paragraph (17). 

6 (2) EFFECTIVE DATE.—The amendments made 

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

8 date of enactment of this Act. 

9 (c) TRANSITIONAL RULES.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law, a covered grant, contract, or coop12 erative agreement shall remain in full force and ef13 fect under the terms, and for the duration, of the 

14 covered grant, contract, or agreement. 

15 (2) ADDITIONAL REQUIREMENTS.—Any organi16 zation that was awarded or entered into a covered 

17 grant, contract, or cooperative agreement shall be 

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

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

20 by this Act). 

21 (d) RENEWAL OF FINANCIAL ASSISTANCE.—An or22 ganization that was awarded or entered into a covered 

23 grant, contract, or cooperative agreement may apply for 

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

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


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

2 Act). 

3 TITLE V—PROGRAM FOR IN4 VESTMENT IN MICROENTRE5 PRENEURS 

6 SEC. 501. PRIME REAUTHORIZATION. 

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

8 amended— 

9 (1) by redesignating sections 37 through 44 as 

10 sections 38 through 45, respectively; and 

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

12 ‘‘SEC. 37. PROGRAM FOR INVESTMENT IN MICROENTRE13 PRENEURS. 

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

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

16 ‘Associate Administrator’ means the Associate Ad17 ministrator for Entrepreneurial Development of the 

18 Administration. 

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

20 ‘capacity building services’ means services provided 

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

22 of becoming, a microenterprise development organi23 zation or program, for the purpose of enhancing the 

24 ability of the organization to provide training and 

25 services to disadvantaged entrepreneurs. 


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1 ‘‘(3) COLLABORATIVE.—The term ‘collabo2 rative’ means 2 or more nonprofit entities that agree 

3 to act jointly as a qualified organization under this 

4 section. 

5 ‘‘(4) DISADVANTAGED ENTREPRENEUR.—The 

6 term ‘disadvantaged entrepreneur’ means a micro7 entrepreneur that— 

8 ‘‘(A) is a low-income person; 

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

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

11 other resources essential for business success, 

12 or is economically disadvantaged, as determined 

13 by the Administrator. 

14 ‘‘(5) DISADVANTAGED NATIVE AMERICAN EN15 TREPRENEUR.—The term ‘disadvantaged Native 

16 American entrepreneur’ means a disadvantaged en17 trepreneur who is also a member of an Indian Tribe. 

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

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

20 the Indian Self-Determination and Education Assist21 ance Act (25 U.S.C. 450b(e)). 

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

23 means a private, nonprofit entity that seeks to serve 

24 microenterprise development organizations and pro25 grams, as authorized under subsection (d). 


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1 ‘‘(8) LOW-INCOME PERSON.—The term ‘low-in2 come person’ means a person having an income, ad3 justed for family size, of not more than— 

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

5 the area median income; and 

6 ‘‘(B) for nonmetropolitan areas, the great7 er of— 

8 ‘‘(i) 80 percent of the area median in9 come; or 

10 ‘‘(ii) 80 percent of the statewide non11 metropolitan area median income. 

12 ‘‘(9) MICROENTREPRENEUR.—The term ‘micro13 entrepreneur’ means the owner or developer of a mi14 croenterprise. 

15 ‘‘(10) MICROENTERPRISE.—The term ‘microen16 terprise’ means a sole proprietorship, partnership, or 

17 corporation that— 

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

19 ‘‘(B) generally lacks access to conventional 

20 loans, equity, or other banking services. 

21 ‘‘(11) MICROENTERPRISE DEVELOPMENT ORGA22 NIZATION OR PROGRAM.—The term ‘microenterprise 

23 development organization or program’ means a non24 profit entity, or a program administered by such an 

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1 tions or other nonprofit development organizations 

2 and social service organizations, that provides serv3 ices to disadvantaged entrepreneurs. 

4 ‘‘(12) TRAINING AND TECHNICAL ASSIST5 ANCE.—The term ‘training and technical assistance’ 

6 means services and support provided to disadvan7 taged entrepreneurs, such as assistance for the pur8 pose of enhancing business planning, marketing, 

9 management, financial management skills, and as10 sistance for the purpose of accessing financial serv11 ices. 

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

13 ‘qualified organization’ means— 

14 ‘‘(A) a nonprofit microenterprise develop15 ment organization or program (or a group or 

16 collaborative thereof) that has a demonstrated 

17 record of delivering microenterprise services to 

18 disadvantaged entrepreneurs; 

19 ‘‘(B) an intermediary; 

20 ‘‘(C) a microenterprise development orga21 nization or program that is— 

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

23 and 


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1 ‘‘(ii) working in conjunction with a 

2 State or local government or Indian tribe; 

3 or 

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

5 the Indian tribe certifies that no private organi6 zation or program referred to in this paragraph 

7 exists within its jurisdiction. 

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

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

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

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

12 section 673(2) of the Community Services Block 

13 Grant Act (42 U.S.C. 9902(2)), including any revi14 sion required by that section). 

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

16 Administrator shall establish a microenterprise training 

17 and technical assistance and capacity building services 

18 grant program to provide grants to qualified organizations 

19 in accordance with this section. 

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

21 shall use a grant made under this section— 

22 ‘‘(1) to provide training and technical assist23 ance to disadvantaged entrepreneurs; 

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1 prise development organizations and programs and 

2 groups of such organizations and programs to assist 

3 such organizations and programs in developing mi4 croenterprise training and services; 

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

6 best practices in the field of microenterprise and 

7 training and technical assistance programs for dis8 advantaged entrepreneurs; 

9 ‘‘(4) to provide training and technical assist10 ance to disadvantaged Native American entre11 preneurs and prospective disadvantaged Native 

12 American entrepreneurs; and 

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

14 Administrator determines are consistent with the 

15 purposes of this section. 

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

17 ‘‘(1) ALLOCATION OF GRANTS.— 

18 ‘‘(A) IN GENERAL.—The Associate Admin19 istrator shall allocate assistance from the Ad20 ministration under this section to ensure that— 

21 ‘‘(i) not less than 75 percent of 

22 amounts made available to the Adminis23 trator for grants under this section are 

24 used for activities described in subsection 

25 (c)(1); and 


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1 ‘‘(ii) not less than 15 percent of 

2 amounts made available to the Adminis3 trator for grants under this section are 

4 used for activities described in subsection 

5 (c)(2). 

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

7 No single person may receive more than 10 per8 cent of the total amounts made available for 

9 grants under this section for a single fiscal 

10 year. 

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

12 Administrator shall ensure that not less than 50 

13 percent of the total amounts made available for 

14 grants under this section are used to benefit very 

15 low-income persons, including very low-income per16 sons residing on Indian reservations. 

17 ‘‘(3) SUBGRANTS AUTHORIZED.— 

18 ‘‘(A) IN GENERAL.—A qualified organiza19 tion receiving a grant under this section may 

20 provide subgrants using that grant to qualified 

21 organizations that are small or emerging micro22 enterprises and programs, subject to such rules 

23 and regulations as the Associate Administrator 

24 determines are appropriate. 


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1 ‘‘(B) LIMIT ON ADMINISTRATIVE EX2 PENSES.—Not more than 7.5 percent of the 

3 amount received by a qualified organization 

4 under a grant under this section may be used 

5 for administrative expenses in connection with 

6 the making of subgrants under subparagraph 

7 (A). 

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

9 section, the Associate Administrator shall ensure 

10 that grant recipients include both large and small 

11 microenterprise organizations that serve urban, 

12 rural, and Indian tribal communities and diverse 

13 populations. 

14 ‘‘(5) PROHIBITION ON PREFERENTIAL CONSID15 ERATION OF CERTAIN ADMINISTRATION PROGRAM

16 PARTICIPANTS.—In making grants under this sec17 tion, the Associate Administrator shall ensure that 

18 any application made by a qualified organization 

19 that is a participant in the program established 

20 under section 7(m) does not receive preferential con21 sideration over applications from other qualified or22 ganizations that 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 

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

4 received 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 Ad13 ministrator determines that an applicant for as14 sistance under this section has severe con15 straints on available sources of non-Federal 

16 funds, the Associate Administrator may reduce 

17 or eliminate the requirement under paragraph 

18 (1). 

19 ‘‘(B) LIMITATION.—Not more than 10 per20 cent of the total funds made available from the 

21 Administration in any fiscal year to carry out 

22 this section may be excepted under subpara23 graph (A) from the requirement under para24 graph (1). 


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1 ‘‘(f) APPLICATIONS FOR ASSISTANCE.—An applica2 tion for a grant under this section shall be submitted in 

3 such form and in accordance with such procedures as the 

4 Associate Administrator shall establish. 

5 ‘‘(g) RECORDKEEPING AND REPORTING.— 

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

7 that receives a grant under this section shall— 

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

9 frequently than once every 18-month period, fi10 nancial statements audited by an independent 

11 certified public accountant; 

12 ‘‘(B) submit an annual report to the Ad13 ministration on the activities of the qualified or14 ganization; and 

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

16 Administrator determines are necessary to dis17 close the manner in which amounts made avail18 able under a grant under this section are used. 

19 ‘‘(2) ACCESS.—Upon the request of the Asso20 ciate Administrator, the Associate Administrator 

21 shall have access to any record of any qualified orga22 nization that receives a grant under this section, for 

23 the purpose of determining compliance with this sec24 tion. 


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1 ‘‘(3) DATA COLLECTION.—Each qualified orga2 nization that receives a grant under this section 

3 shall collect information relating to, as applicable— 

4 ‘‘(A) the number of individuals counseled 

5 or trained by the organization; 

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

7 provided by the organization; 

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

9 concerns formed with the assistance of the or10 ganization; 

11 ‘‘(D) the number of small business con12 cerns expanded with the assistance of the orga13 nization; 

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

15 counseled or trained by the organization; and 

16 ‘‘(F) the number of very low-income indi17 viduals counseled or trained by the organiza18 tion. 

19 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

22 each of fiscal years 2010 through 2012 to carry out 

23 this section, which shall remain available until ex24 pended. 


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

2 amount authorized under paragraph (1), there are 

3 authorized to be appropriated to the Administrator 

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

5 2012 to carry out subsection (c)(4), which shall re6 main available until expended.’’. 

7 SEC. 502. CONFORMING REPEAL AND AMENDMENTS. 

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

9 the Riegle Community Development and Regulatory Im10 provement Act of 1994 (15 U.S.C. 6901 et seq.) is re11 pealed. 

12 (b) CONFORMING AMENDMENTS.—The Small Busi13 ness Act (15 U.S.C. 631 et seq.) is amended— 

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

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

16 ‘‘section 44’’; 

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

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

19 ‘‘section 44’’; and 

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

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

22 ‘‘section 44’’. 

23 SEC. 503. REFERENCES. 

24 All references in Federal law, other than section 504 

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1 preneurs Act of 1999’’ or the ‘‘PRIME Act’’ shall be 

2 deemed to be references to section 37 of the Small Busi3 ness Act, as added by this Act. 

4 SEC. 504. RULE OF CONSTRUCTION. 

5 Nothing in this title or the amendments made by this 

6 title shall affect any grant or assistance provided under 

7 the Program for Investment in Microentrepreneurs Act of 

8 1999 (15 U.S.C. 6901 et seq.), before the date of enact9 ment of this Act, and any such grant or assistance shall 

10 be subject to the Program for Investment in Microentre11 preneurs Act of 1999, as in effect on the day before the 

12 date of enactment of this Act. 

13 TITLE VI—OTHER PROVISIONS 

14 SEC. 601. INSTITUTIONS OF HIGHER EDUCATION. 

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

16 Business Act (15 U.S.C. 648(a)(1)) is amended by strik17 ing ‘‘: Provided, That’’ and all that follows through ‘‘on 

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

19 December 31, 2010, the Administration may only make 

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

21 institution of higher education, as defined in section 

22 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

23 1001(a)) that is accredited (and not merely in 

24 preaccreditation status) by a nationally recognized accred25 iting agency or association, recognized by the Secretary 


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1 of Education for such purpose in accordance with section 

2 496 of that Act (20 U.S.C. 1099b), or to a women’s busi3 ness center operating pursuant to section 29 as a small 

4 business development center, unless the applicant was re5 ceiving financial assistance (including a contract or coop6 erative agreement) on December 31, 2010.’’. 

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

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

9 SEC. 602. HEALTH INSURANCE OPTIONS INFORMATION FOR 

10 SMALL BUSINESS CONCERNS. 

11 (a) DEFINITIONS.—In this section— 

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

13 business health insurance information grant pro14 gram established under subsection (b)(1); and 

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

16 (A) the association of small business devel17 opment centers authorized to be established 

18 under section 21(a)(3)(A) of the Small Busi19 ness Act (15 U.S.C. 648(a)(3)(A)); 

20 (B) the Association of Women’s Business 

21 Centers; 

22 (C) the Service Corps of Retired Execu23 tives authorized by section 8(b)(1)(B) of the 

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

25 and 


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1 (D) 1 veterans business center (as that 

2 term is used in section 32(g) of the Small Busi3 ness Act (15 U.S.C. 657b(g)), as added by this 

4 Act), as determined by the Associate Adminis5 trator for Entrepreneurial Development. 

6 (b) SMALL BUSINESS HEALTH INSURANCE INFOR7 MATION PROGRAM.— 

8 (1) PROGRAM ESTABLISHED.—The Adminis9 trator, acting through the Associate Administrator 

10 for Entrepreneurial Development, shall establish a 

11 program to make grants to resource partners to pro12 vide neutral and objective information and edu13 cational materials regarding health insurance op14 tions, including coverage options within the small 

15 group market, to small business concerns. 

16 (2) GRANT RECIPIENTS.—The Associate Ad17 ministrator for Entrepreneurial Development shall 

18 make 1 grant to each of the resource partners. 

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

20 this section shall— 

21 (A) be made from funds appropriated to 

22 the Administrator to carry out the activities of 

23 the Office of Entrepreneurial Development; and 

24 (B) not exceed a total amount of 

25 $5,000,000. 


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

2 grant under this section, each resource partner shall 

3 agree, by contract with the Administration— 

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

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

6 the date on which the resource partner receives 

7 the grant; and 

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

9 used, if the Administrator determines that the 

10 resource partner is not carrying out the grant 

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

12 (5) USE OF FUNDS.— 

13 (A) GRANT PROGRAM ACTIVITIES.—A re14 source partner shall use funds provided under 

15 the grant program to create, in consultation 

16 with the Associate Administrator for Entrepre17 neurial Development of the Administration— 

18 (i) an online training program; 

19 (ii) an online repository of health in20 surance information relevant to small busi21 ness concerns; 

22 (iii) a counseling curriculum that can 

23 be used in the physical location of the re24 source partner; and 


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1 (iv) materials containing relevant in2 formation that can be disbursed to owners 

3 of small business concerns throughout the 

4 country. 

5 (B) CONTENT OF MATERIALS.— 

6 (i) IN GENERAL.—In creating mate7 rials under the grant program, a resource 

8 partner shall evaluate and incorporate rel9 evant portions of existing informational 

10 materials regarding health insurance op11 tions, including materials and resources 

12 developed by the National Association of 

13 Insurance Commissioners, the Kaiser Fam14 ily Foundation, and the Healthcare Lead15 ership Council. 

16 (ii) HEALTH INSURANCE OPTIONS.— 

17 In incorporating information regarding 

18 health insurance options under clause (i), a 

19 resource partner shall provide neutral and 

20 objective information regarding health in21 surance options in the geographic area 

22 served by the resource partner, including 

23 traditional employer sponsored health in24 surance for the group insurance market, 

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1 scribed in section 2791 of the Public 

2 Health Services Act (42 U.S.C. 300gg–91) 

3 or section 125 of the Internal Revenue 

4 Code of 1986, and Federal and State 

5 health insurance programs. 

6 (c) REVIEW AND REPORT.— 

7 (1) REVIEW OF GRANT PROGRAM.—The Asso8 ciate Administrator for Entrepreneurial Develop9 ment shall conduct a review of the effectiveness of 

10 the grant program. 

11 (2) REPORT.—Not later than 2 years after the 

12 date on which all grants under the grant program 

13 are disbursed, the Associate Administrator for En14 trepreneurial Development shall submit to the Com15 mittee on Small Business and Entrepreneurship of 

16 the Senate and the Committee on Small Business of 

17 the House of Representatives a report on the results 

18 of the review under paragraph (1). 

19 SEC. 603. NATIONAL SMALL BUSINESS DEVELOPMENT CEN20 TER ADVISORY BOARD. 

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

22 Business Act (15 U.S.C. 648(i)(1)) is amended— 

23 (1) in the first sentence, by striking ‘‘nine 

24 members’’ and inserting ‘‘10 members’’; 


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1 (2) in the second sentence, by striking ‘‘six’’ 

2 and inserting ‘‘the members who are not from uni3 versities or their affiliates’’; 

4 (3) by striking the third sentence; and 

5 (4) in the fourth sentence, by inserting ‘‘not 

6 less than’’ before ‘‘one-third’’. 

7 (b) INCUMBENTS.—An individual serving as a mem8 ber of the Board on the date of enactment of this Act 

9 may continue to serve on the Board until the end of the 

10 term of the member under section 21(i)(1) of the Small 

11 Business Act (15 U.S.C. 648(i)(1)), as in effect on the 

12 day before such date of enactment. 

13 SEC. 604. PRIVACY REQUIREMENTS FOR SCORE CHAPTERS. 

14 Section 8 of the Small Business Act (15 U.S.C. 637) 

15 is amended by striking subsection (c) and inserting the 

16 following: 

17 ‘‘(c) PRIVACY REQUIREMENTS.— 

18 ‘‘(1) IN GENERAL.—A chapter of the SCORE 

19 program authorized by subsection (b)(1) or an agent 

20 of such a chapter may not disclose the name, ad21 dress, or telephone number of any individual or 

22 small business concern receiving assistance from 

23 that chapter or agent without the consent of such in24 dividual or small business concern, unless— 


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1 ‘‘(A) the Administrator is ordered to make 

2 such a disclosure by a court in any civil or 

3 criminal enforcement action initiated by a Fed4 eral or State agency; or 

5 ‘‘(B) the Administrator determines such a 

6 disclosure to be necessary for the purpose of 

7 conducting a financial audit of a chapter of the 

8 SCORE program authorized by subsection 

9 (b)(1), in which case disclosure shall be limited 

10 to the information necessary for such audit. 

11 ‘‘(2) ADMINISTRATOR USE OF INFORMATION.— 

12 This subsection shall not— 

13 ‘‘(A) restrict the access of the Adminis14 trator to program activity data; or 

15 ‘‘(B) prevent the Administrator from using 

16 client information to conduct client surveys. 

17 ‘‘(3) REGULATIONS.— 

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

19 shall issue regulations to establish standards— 

20 ‘‘(i) for disclosures with respect to fi21 nancial audits under paragraph (1)(B); 

22 and 

23 ‘‘(ii) for client surveys under para24 graph (2)(B), including standards for overVerDate Nov 24 2008 00:29 Jun 11, 2009 Jkt 079200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S1229.IS S1229

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1 sight of such surveys and for dissemination 

2 and use of client information. 

3 ‘‘(B) MAXIMUM PRIVACY PROTECTION.— 

4 Regulations under this paragraph shall, to the 

5 extent practicable, provide for the maximum 

6 amount of privacy protection. 

7 ‘‘(C) INSPECTOR GENERAL.—Until the ef8 fective date of regulations under this para9 graph, any client survey and the use of such in10 formation shall be approved by the Inspector 

11 General of the Administration who shall include 

12 such approval in the semi-annual report of the 

13 Inspector General.’’. 

14 SEC. 605. NATIONAL SMALL BUSINESS SUMMIT. 

15 (a) IN GENERAL.—Not later than December 31, 

16 2012, the President shall convene a National Small Busi17 ness Summit to examine the present conditions and future 

18 of the community of small business concerns in the United 

19 States. The summit shall include owners of small business 

20 concerns, representatives of small business groups, labor, 

21 academia, the Federal Government, State governments, 

22 Indian tribes, Federal research and development agencies, 

23 and nonprofit policy groups concerned with the issues of 

24 small business concerns. 


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1 (b) REPORT.—Not later than 90 days after the date 

2 of the conclusion of the summit convened under subsection 

3 (a), the President shall issue a report on the results of 

4 the summit. The report shall identify key challenges and 

5 make recommendations for promoting entrepreneurship 

6 and the growth of small business concerns. 

7 SEC. 606. SCORE PROGRAM. 

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

9 Business Act (15 U.S.C. 637(b)(1)(B)) is amended by 

10 striking ‘‘a Service Corps of Retired Executives 

11 (SCORE)’’ and inserting ‘‘the SCORE’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) IN GENERAL.—The Small Business Act (15 

14 U.S.C. 631 et seq.) is amended— 

15 (A) in section 7(m)(3)(A)(i)(VIII), by 

16 striking ‘‘Service Corps of Retired Executives’’ 

17 and inserting ‘‘SCORE’’; and 

18 (B) in section 33(b)(2), by striking ‘‘Serv19 ice Corps of Retired Executives’’ and inserting 

20 ‘‘SCORE’’. 

21 (2) OTHER LAW.—Section 337(d)(2) of the En22 ergy Policy and Conservation Act (42 U.S.C. 

23 6307(d)(2)) is amended by striking ‘‘Service Corps 

24 of Retired Executives (SCORE)’’ and inserting 

25 ‘‘SCORE’’. 


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1 (c) REFERENCES.—Any reference to the Service 

2 Corps of Retired Executives established under section 

3 8(b)(1)(B) of the Small Business Act (15 U.S.C. 

4 637(b)(1)(B)), as in effect on the day before the date of 

5 enactment of this Act, in any law, rule, regulation, certifi6 cate, directive, instruction, or other official paper shall be 

7 considered to refer to the SCORE established under sec8 tion 8(b)(1)(B) of the Small Business Act, as amended 

9 by this Act. 

10 SEC. 607. ASSISTANCE TO OUT-OF-STATE SMALL BUSI11 NESSES. 

12 Section 21(b)(3) of the Small Business Act (15 

13 U.S.C. 648(b)(3)) is amended— 

14 (1) by striking ‘‘(3) At the discretion’’ and in15 serting the following: 

16 ‘‘(3) ASSISTANCE TO OUT-OF-STATE SMALL BUSI17 NESSES.— 

18 ‘‘(A) IN GENERAL.—At the discretion’’; and 

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

20 ‘‘(B) DISASTER RECOVERY ASSISTANCE.— 

21 ‘‘(i) IN GENERAL.—At the discretion of the 

22 Administrator, the Administrator may authorize 

23 a small business development center to provide 

24 assistance, as described in subsection (c), to 

25 small business concerns located outside of the 


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1 State, without regard to geographic proximity, 

2 if the small business concerns are located in an 

3 area for which the President has declared a 

4 major disaster, as defined in section 102 of the 

5 Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 5122), during 

7 the period of the declaration. 

8 ‘‘(ii) CONTINUITY OF SERVICES.—A small 

9 business development center that provides coun10 selors to an area described in clause (i) shall, 

11 to the maximum extent practicable, ensure con12 tinuity of services in any State in which the 

13 small business development center otherwise 

14 provides services. 

15 ‘‘(iii) ACCESS TO DISASTER RECOVERY FA16 CILITIES.—For purposes of this subparagraph, 

17 the Administrator shall, to the maximum extent 

18 practicable, permit the personnel of a small 

19 business development center to use any site or 

20 facility designated by the Administrator for use 

21 to provide disaster recovery assistance.’’. 

22 SEC. 608. SMALL BUSINESS DEVELOPMENT CENTERS. 

23 (a) PORTABILITY GRANTS.—Section 21(a)(4)(C)(viii) 

24 of the Small Business Act (15 U.S.C. 648(a)(4)(C)(viii)) 

25 is amended— 


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1 (1) in the first sentence— 

2 (A) by striking ‘‘From the funds appro3 priated pursuant to clause (vii)’’ and inserting 

4 ‘‘Of the amounts made available to carry out 

5 this subparagraph in each fiscal year’’; and 

6 (B) by striking ‘‘as a result of a business 

7 or government facility down sizing or closing, 

8 which has resulted in the loss of jobs or small 

9 business instability’’ and inserting ‘‘due to 

10 events that have resulted or will result in, the 

11 downsizing or closing of a business or govern12 ment facility’’; and 

13 (2) by adding at the end ‘‘The Administrator 

14 may make a grant under this clause that exceeds 

15 $100,000 to accommodate extraordinary events that 

16 the Administrator determines have had a cata17 strophic impact on small business concerns in a com18 munity.’’. 

19 (b) PURPOSES.—Section 21(a)(1) of the Small Busi20 ness Act (15 U.S.C. 648(a)(1)) is amended in the first 

21 sentence by adding ‘‘regulatory compliance and’’ after 

22 ‘‘counseling concerning’’. 

23 SEC. 609. EVALUATION OF PILOT PROGRAMS. 

24 (a) IN GENERAL.—Not later than 30 months after 

25 the date of disbursement of the first grant under a covered 


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1 pilot program, the Comptroller General of the United 

2 States shall submit to the Committee on Small Business 

3 and Entrepreneurship of the Senate and the Committee 

4 on Small Business of the House of Representatives a re5 port evaluating the covered pilot program, including rec6 ommendations, if any, on possible improvements or modi7 fications to the covered pilot program, including the feasi8 bility of extending the covered pilot program to all small 

9 business development centers. 

10 (b) DEFINITION OF COVERED PILOT PROGRAM.—In 

11 this section, the term ‘‘covered pilot program’’ means a 

12 pilot program relating to small business development cen13 ters established under this Act or an amendment made 

14 by this Act. 

Æ 


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