II 

112TH CONGRESS 

2D SESSION S. 3442 

To provide tax incentives for small businesses, improve programs of the 

Small Business Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2012 

Ms. LANDRIEU introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To provide tax incentives for small businesses, improve 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 ‘‘Success Ultimately 

5 Comes from Capital, Contracting, Education, Strategic 

6 Partnerships, and Smart Regulations Act of 2012’’ or the 

7 ‘‘SUCCESS Act of 2012’’. 

8 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 


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Sec. 2. Table of contents. 

TITLE I—SMALL BUSINESS TAX EXTENDERS 

Sec. 101. References. 

Sec. 102. Extension of temporary exclusion of 100 percent of gain on certain 

small business stock. 

Sec. 103. Extension of increased amount allowed as a deduction for start-up expenditures. 

Sec. 104. Extension of reduction in recognition period for built-in gains tax. 

Sec. 105. Extension of 5-year carryback of general business credits of eligible 

small businesses. 

Sec. 106. Extension of increased expensing limitations and treatment of certain 

real property as section 179 property. 

TITLE II—ACCESS TO CAPITAL 

Subtitle A—Expanding Access to Capital for Entrepreneurial Leaders 

Sec. 211. Short title. 

Sec. 212. Program authorization. 

Sec. 213. Family of funds. 

Sec. 214. Adjustment for inflation. 

Sec. 215. Public availability of information. 

Sec. 216. Authorized uses of licensing fees. 

Sec. 217. Sense of Congress. 

Subtitle B—Low-Interest Refinancing 

Sec. 221. Low-interest refinancing under the local development business loan 

program. 

Subtitle C—SBA Lender Activity Index 

Sec. 231. SBA lender activity index. 

TITLE III—ACCESS TO GLOBAL MARKETS 

Sec. 301. Short title. 

Sec. 302. Report on improvements to Export.gov as a single window for export 

information. 

Sec. 303. Report on developing a single window for information about export 

control compliance. 

Sec. 304. Promotion of exporting. 

Sec. 305. Export control education. 

Sec. 306. Small Business Inter-Agency Task Force on Export Financing. 

Sec. 307. Promotion of exports by rural small businesses. 

Sec. 308. Registry of export management and export trading companies. 

Sec. 309. Reverse trade missions. 

Sec. 310. State Trade and Export Promotion Grant Program. 

Sec. 311. Promotion of interagency details. 

Sec. 312. Annual export strategy. 

TITLE IV—ACCESS TO MENTORING, EDUCATION, AND STRATEGIC 

PARTNERSHIPS 

Subtitle A—Measuring the Effectiveness of Resource Partners 


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Sec. 411. Expanding entrepreneurship. 

Subtitle B—Women’s Small Business Ownership 

Sec. 421. Short title. 

Sec. 422. Definition. 

Sec. 423. Office of Women’s Business Ownership. 

Sec. 424. Women’s Business Center Program. 

Sec. 425. Study and report on economic issues facing women’s business centers. 

Sec. 426. Study and report on oversight of women’s business centers. 

Subtitle C—Strengthening America’s Small Business Development Centers 

Sec. 431. Institutions of higher education. 

Sec. 432. Updating funding levels for small business development centers. 

Sec. 433. Assistance to out-of-state small businesses. 

Sec. 434. Termination of small business development center defense economic 

transition assistance. 

Sec. 435. National Small Business Development Center Advisory Board. 

Sec. 436. Repeal of Paul D. Coverdell drug-free workplace program. 

Subtitle D—Terminating the National Veterans Business Development 

Corporation 

Sec. 441. National Veterans Business Development Corporation. 

TITLE V—ACCESS TO GOVERNMENT CONTRACTING 

Subtitle A—Bonds 

Sec. 511. Removal of sunset dates for certain provisions of the Small Business 

Investment Act of 1958. 

Subtitle B—Small Business Contracting Fraud Prevention 

Sec. 521. Short title. 

Sec. 522. Definitions. 

Sec. 523. Fraud deterrence at the Small Business Administration. 

Sec. 524. Veterans integrity in contracting. 

Sec. 525. Section 8(a) program improvements. 

Sec. 526. HUBZone improvements. 

Sec. 527. Annual report on suspension, debarment, and prosecution. 

Subtitle C—Fairness in Women-Owned Small Business Contracting 

Sec. 531. Short title. 

Sec. 532. Procurement program for women-owned small business concerns. 

Sec. 533. Study and report on representation of women. 

Subtitle D—Small Business Champion 

Sec. 541. Short title. 

Sec. 542. Offices of Small and Disadvantaged Business Utilization. 

Sec. 543. Small Business Procurement Advisory Council. 

TITLE VI—TRANSPARENCY, ACCOUNTABILITY, AND 

EFFECTIVENESS 

Subtitle A—Small Business Common Application 


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Sec. 611. Definitions. 

Sec. 612. Sense of Congress. 

Sec. 613. Executive Committee On a Small Business Common Application. 

Sec. 614. Authorization of appropriations. 

Subtitle B—Government Accountability Office Review 

Sec. 621. Government Accountability Office review. 

1 TITLE I—SMALL BUSINESS TAX 

2 EXTENDERS 

3 SEC. 101. REFERENCES. 

4 Except as otherwise expressly provided, whenever in 

5 this title an amendment or repeal is expressed in terms 

6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a 

8 section or other provision of the Internal Revenue Code 

9 of 1986. 

10 SEC. 102. EXTENSION OF TEMPORARY EXCLUSION OF 100 

11 PERCENT OF GAIN ON CERTAIN SMALL BUSI12 NESS STOCK. 

13 (a) IN GENERAL.—Paragraph (4) of section 1202(a) 

14 is amended— 

15 (1) by striking ‘‘January 1, 2012’’ and insert16 ing ‘‘January 1, 2014’’, and 

17 (2) by striking ‘‘AND 2011’’ and inserting ‘‘, 

18 2011, 2012, AND 2013’’ in the heading thereof. 

19 (b) TECHNICAL AMENDMENTS.— 

20 (1) SPECIAL RULE FOR 2009 AND CERTAIN PE21 RIOD IN 2010.—Paragraph (3) of section 1202(a) is 


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1 amended by adding at the end the following new 

2 flush sentence: 

3 ‘‘In the case of any stock which would be described 

4 in the preceding sentence (but for this sentence), the 

5 acquisition date for purposes of this subsection shall 

6 be the first day on which such stock was held by the 

7 taxpayer determined after the application of section 

8 1223.’’. 

9 (2) 100 PERCENT EXCLUSION.—Paragraph (4) 

10 of section 1202(a) is amended by adding at the end 

11 the following new flush sentence: 

12 ‘‘In the case of any stock which would be described 

13 in the preceding sentence (but for this sentence), the 

14 acquisition date for purposes of this subsection shall 

15 be the first day on which such stock was held by the 

16 taxpayer determined after the application of section 

17 1223.’’. 

18 (c) EFFECTIVE DATES.— 

19 (1) IN GENERAL.—The amendments made by 

20 subsection (a) shall apply to stock acquired after De21 cember 31, 2011. 

22 (2) SUBSECTION (b)(1).—The amendment 

23 made by subsection (b)(1) shall take effect as if in24 cluded in section 1241(a) of division B of the Amer25 ican Recovery and Reinvestment Act of 2009. 


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1 (3) SUBSECTION (b)(2).—The amendment 

2 made by subsection (b)(2) shall take effect as if in3 cluded in section 2011(a) of the Creating Small 

4 Business Jobs Act of 2010. 

5 SEC. 103. EXTENSION OF INCREASED AMOUNT ALLOWED AS 

6 A DEDUCTION FOR START-UP EXPENDI7 TURES. 

8 (a) IN GENERAL.—Paragraph (3) of section 195(b) 

9 is amended— 

10 (1) by inserting ‘‘, 2012, or 2013’’ after 

11 ‘‘2010’’, and 

12 (2) by inserting ‘‘2012, AND 2013’’ in the head13 ing thereof. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to amounts paid or incurred in tax16 able years beginning after December 31, 2011. 

17 SEC. 104. EXTENSION OF REDUCTION IN RECOGNITION PE18 RIOD FOR BUILT-IN GAINS TAX. 

19 (a) IN GENERAL.—Paragraph (7) of section 1374(d) 

20 is amended— 

21 (1) by redesignating subparagraph (C) as sub22 paragraph (D), and 

23 (2) by inserting after subparagraph (B) the fol24 lowing new subparagraph: 


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1 ‘‘(C) SPECIAL RULE FOR 2012 AND 2013.— 

2 For dispositions of property in taxable years be3 ginning in 2012 or 2013, subparagraphs (A) 

4 and (D) shall be applied by substituting ‘5-year’ 

5 for ‘10-year’.’’. 

6 (b) TECHNICAL AMENDMENT.—Subparagraph (B) of 

7 section 1374(d)(2) is amended by inserting ‘‘described in 

8 subparagraph (A)’’ after ‘‘, for any taxable year’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall apply to taxable years beginning after 

11 December 31, 2011. 

12 SEC. 105. EXTENSION OF 5-YEAR CARRYBACK OF GENERAL 

13 BUSINESS CREDITS OF ELIGIBLE SMALL 

14 BUSINESSES. 

15 (a) IN GENERAL.—Subparagraph (A) of section 

16 39(a)(4) is amended by inserting ‘‘or in taxable years be17 ginning in 2012, or 2013’’ after ‘‘2010’’. 

18 (b) TECHNICAL AMENDMENT.—Section 38(c)(5)(B) 

19 is amended— 

20 (1) by striking ‘‘the sum of’’, and 

21 (2) by inserting ‘‘for any taxable year to which 

22 subparagraph (A) applies’’ after ‘‘or (4)’’. 

23 (c) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—The amendment made by 

2 subsection (a) shall apply to credits determined in 

3 taxable years beginning after December 31, 2011. 

4 (2) TECHNICAL AMENDMENTS.—The amend5 ments made by subsection (b) shall take effect as if 

6 included in section 2013(a) of the Creating Small 

7 Business Jobs Act of 2010. 

8 SEC. 106. EXTENSION OF INCREASED EXPENSING LIMITA9 TIONS AND TREATMENT OF CERTAIN REAL 

10 PROPERTY AS SECTION 179 PROPERTY. 

11 (a) IN GENERAL.— 

12 (1) DOLLAR LIMITATION.—Section 179(b)(1) is 

13 amended— 

14 (A) by striking ‘‘and’’ at the end of sub15 paragraph (C), 

16 (B) by redesignating subparagraph (D) as 

17 subparagraph (E), 

18 (C) by inserting after subparagraph (C) 

19 the following new subparagraph: 

20 ‘‘(D) $500,000 in the case of taxable years 

21 beginning in 2013, and’’, and 

22 (D) in subparagraph (E), as so redesig23 nated, by striking ‘‘2012’’ and inserting 

24 ‘‘2013’’. 


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1 (2) REDUCTION IN LIMITATION.—Section 

2 179(b)(2) is amended— 

3 (A) by striking ‘‘and’’ at the end of sub4 paragraph (C), 

5 (B) by redesignating subparagraph (D) as 

6 subparagraph (E), 

7 (C) by inserting after subparagraph (C) 

8 the following new subparagraph: 

9 ‘‘(D) $2,000,000 in the case of taxable 

10 years beginning in 2013, and’’, and 

11 (D) in subparagraph (E), as so redesig12 nated, by striking ‘‘2012’’ and inserting 

13 ‘‘2013’’. 

14 (b) COMPUTER SOFTWARE.—Section 

15 179(d)(1)(A)(ii) is amended by striking ‘‘2013’’ and in16 serting ‘‘2014’’. 

17 (c) ELECTION.—Section 179(c)(2) is amended by 

18 striking ‘‘2013’’ and inserting ‘‘2014’’. 

19 (d) SPECIAL RULES FOR TREATMENT OF QUALIFIED

20 REAL PROPERTY.— 

21 (1) IN GENERAL.—Section 179(f)(1) is amend22 ed by striking ‘‘2010 or 2011’’ and inserting ‘‘2010, 

23 2011, or 2013’’. 


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1 (2) CARRYOVER LIMITATION.—Section 

2 179(f)(4) is amended by striking subparagraphs (A) 

3 through (C) and inserting the following: 

4 ‘‘(A) IN GENERAL.—Notwithstanding sub5 section (b)(3)(B)— 

6 ‘‘(i) no amount attributable to quali7 fied real property placed in service in any 

8 taxable year beginning in 2010 or 2011 

9 may be carried over to any taxable year be10 ginning after 2011, and 

11 ‘‘(ii) no amount attributable to quali12 fied real property placed in service in any 

13 taxable year beginning in 2013 may be 

14 carried over to any taxable year beginning 

15 after 2013. 

16 ‘‘(B) TREATMENT OF DISALLOWED

17 AMOUNTS.—Except as provided in subpara18 graph (C)— 

19 ‘‘(i) TAXABLE YEARS BEGINNING

20 AFTER 2011.—To the extent that any 

21 amount is not allowed to be carried over to 

22 a taxable year beginning after 2011 by 

23 reason of subparagraph (A)(i), this title 

24 shall be applied as if no election under this 


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1 section had been made with respect to such 

2 amount. 

3 ‘‘(ii) TAXABLE YEARS BEGINNING

4 AFTER 2013.—To the extent that any 

5 amount is not allowed to be carried over to 

6 a taxable year beginning after 2013 by 

7 reason of subparagraph (A)(ii), this title 

8 shall be applied as if no election under this 

9 section had been made with respect to such 

10 amount. 

11 ‘‘(C) AMOUNTS CARRIED OVER FROM CER12 TAIN TAXABLE YEARS.— 

13 ‘‘(i) AMOUNTS CARRIED OVER FROM

14 2010.—If subparagraph (B)(i) applies to 

15 any amount (or portion of an amount) 

16 which is carried over from a taxable year 

17 other than the taxpayer’s last taxable year 

18 beginning in 2011, such amount (or por19 tion of an amount) shall be treated for 

20 purposes of this title as attributable to 

21 property placed in service on the first day 

22 of the taxpayer’s last taxable year begin23 ning in 2011. 

24 ‘‘(ii) AMOUNTS CARRIED OVER FROM

25 2013.—If subparagraph (B)(ii) applies to 


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1 any amount (or portion of an amount) 

2 which is carried over from a taxable year 

3 other than the taxpayer’s last taxable year 

4 beginning in 2013, such amount (or por5 tion of an amount) shall be treated for 

6 purposes of this title as attributable to 

7 property placed in service on the first day 

8 of the taxpayer’s last taxable year begin9 ning in 2013.’’. 

10 (e) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to taxable years beginning after 

12 December 31, 2012. 

13 TITLE II—ACCESS TO CAPITAL 

14 Subtitle A—Expanding Access to 

15 Capital for Entrepreneurial 

16 Leaders 

17 SEC. 211. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘EXCEL Act of 

19 2012’’. 

20 SEC. 212. PROGRAM AUTHORIZATION. 

21 Section 303(b) of the Small Business Investment Act 

22 of 1958 (15 U.S.C. 683(b)) is amended, in the matter pre23 ceding paragraph (1), in the first sentence, by inserting 

24 after ‘‘issued by such companies’’ the following: ‘‘, in a 

25 total amount that does not exceed $4,000,000,000 each 


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1 fiscal year (adjusted annually to reflect increases in the 

2 Consumer Price Index established by the Bureau of Labor 

3 Statistics of the Department of Labor)’’. 

4 SEC. 213. FAMILY OF FUNDS. 

5 Section 303(b)(2)(B) of the Small Business Invest6 ment Act of 1958 (15 U.S.C. 683(b)(2)(B)) is amended 

7 by striking ‘‘$225,000,000’’ and inserting 

8 ‘‘$350,000,000’’. 

9 SEC. 214. ADJUSTMENT FOR INFLATION. 

10 Section 303(b)(2) of the Small Business Investment 

11 Act of 1958 (15 U.S.C. 683(b)(2)) is amended by adding 

12 at the end the following: 

13 ‘‘(E) ADJUSTMENTS.— 

14 ‘‘(i) IN GENERAL.—The dollar 

15 amounts in subparagraph (A)(ii), subpara16 graph (B), and subparagraph (C)(ii)(I) 

17 shall be adjusted annually to reflect in18 creases in the Consumer Price Index estab19 lished by the Bureau of Labor Statistics of 

20 the Department of Labor (in this subpara21 graph referred to as the ‘CPI’). 

22 ‘‘(ii) APPLICABILITY.—The adjust23 ments required by clause (i)— 

24 ‘‘(I) with respect to dollar 

25 amounts in subparagraphs (A)(ii) and 


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1 (C)(ii)(I) shall initially reflect in2 creases in the CPI during the period 

3 beginning on the effective date of sec4 tion 505 of the American Recovery 

5 and Reinvestment Act of 2009 (Public 

6 Law 111–5; 123 Stat. 156) through 

7 the date of enactment of this subpara8 graph and annually thereafter; 

9 ‘‘(II) with respect to dollar 

10 amounts in subparagraph (B) shall 

11 reflect increases in the CPI annually 

12 on and after the date of enactment of 

13 this subparagraph.’’. 

14 SEC. 215. PUBLIC AVAILABILITY OF INFORMATION. 

15 Section 303 of the Small Business Investment Act 

16 of 1958 (15 U.S.C. 683) is amended by adding at the end 

17 the following: 

18 ‘‘(l) ACCESS TO FUND INFORMATION.—Annually, the 

19 Administrator shall make public on its website the fol20 lowing information with respect to each small business in21 vestment company: 

22 ‘‘(1) The amount of capital deployed since fund 

23 inception. 

24 ‘‘(2) The amount of leverage drawn since fund 

25 inception. 


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1 ‘‘(3) The number of investments since fund in2 ception. 

3 ‘‘(4) The number of businesses receiving capital 

4 since fund inception. 

5 ‘‘(5) Industry sectors receiving investment since 

6 fund inception. 

7 ‘‘(6) The amount of leverage principal repaid by 

8 the small business investment company since fund 

9 inception. 

10 ‘‘(7) A basic description of investment strat11 egy.’’. 

12 SEC. 216. AUTHORIZED USES OF LICENSING FEES. 

13 Section 301 of the Small Business Investment Act 

14 of 1958 (15 U.S.C. 681) is amended— 

15 (1) by redesignating subsection (e) as sub16 section (d); and 

17 (2) in subsection (d)(2)(B), as so redesignated, 

18 by inserting before the period at the end the fol19 lowing: ‘‘and other small business investment com20 pany program needs’’. 

21 SEC. 217. SENSE OF CONGRESS. 

22 It is the sense of Congress that— 

23 (1) small business investment companies would 

24 benefit from partnerships with community banks 

25 and other lenders, and should work with community 


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1 banks and other lenders, to ensure that if commu2 nity banks and other lenders deny an application by 

3 a small business concern for a loan, the community 

4 banks or other lenders will refer the small business 

5 concern to small business investment companies; and 

6 (2) the Administrator of the Small Business 

7 Administration (in this Act referred to as the ‘‘Ad8 ministrator’’) should— 

9 (A) increase outreach to community banks 

10 and other lenders to encourage community 

11 banks and other lenders to invest in small busi12 ness investment companies; 

13 (B) use the Internet to make publicly 

14 available in a timely manner which small busi15 ness investment companies are actively solic16 iting investments and making investments in 

17 small business concerns; 

18 (C) partner with governors, mayors, 

19 States, and municipalities to increase outreach 

20 by small business investment companies to un21 derserved and rural areas; and 

22 (D) continue to make changes to the 

23 webpage for the small business investment com24 pany program, to make the webpage— 


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1 (i) a more prominent part of the 

2 website of the Administration; and 

3 (ii) more user-friendly. 

4 Subtitle B—Low-Interest 

5 Refinancing 

6 SEC. 221. LOW-INTEREST REFINANCING UNDER THE LOCAL 

7 DEVELOPMENT BUSINESS LOAN PROGRAM. 

8 Section 1122(b) of the Small Business Jobs Act of 

9 2010 (15 U.S.C. 696 note) is amended by striking ‘‘2 

10 years’’ and inserting ‘‘on the date that is 3 years and 6 

11 months’’. 

12 Subtitle C—SBA Lender Activity 

13 Index 

14 SEC. 231. SBA LENDER ACTIVITY INDEX. 

15 Section 4 of the Small Business Act (15 U.S.C. 633) 

16 is amended by adding at the end the following: 

17 ‘‘(g) SBA LENDER ACTIVITY INDEX.— 

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

19 ‘covered loan’ means a loan made or debenture 

20 issued under this Act or the Small Business Invest21 ment Act of 1958 (15 U.S.C. 661 et seq.) by a pri22 vate individual or entity. 

23 ‘‘(2) REQUIREMENT.—Not later than 6 months 

24 after the date of enactment of this subsection, the 

25 Administrator shall make publicly available on the 


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1 website of the Administration a user-friendly data2 base of information relating to lenders making cov3 ered loans (to be known as the ‘Lender Activity 

4 Index’). 

5 ‘‘(3) DATA INCLUDED.— 

6 ‘‘(A) IN GENERAL.—The database made 

7 available under paragraph (2) shall include, for 

8 each lender making a covered loan— 

9 ‘‘(i) the name of the lender; 

10 ‘‘(ii) the number of covered loans 

11 made by the lender; 

12 ‘‘(iii) the total dollar amount of cov13 ered loans made by the lender; 

14 ‘‘(iv) a list of each ZIP code in which 

15 a recipient of a covered loan made by the 

16 lender is located; 

17 ‘‘(v) a list of the industries of the re18 cipients to which the lender made a cov19 ered loan; 

20 ‘‘(vi) whether the covered loan is for 

21 an existing business or a new business; 

22 ‘‘(vii) the number and total dollar 

23 amount of covered loans made by the lend24 er to— 


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1 ‘‘(I) small business concerns 

2 owned and controlled by women; 

3 ‘‘(II) socially and economically 

4 disadvantaged small business concerns 

5 (as defined in section 8(a)(4)(A)); and 

6 ‘‘(III) small business concerns 

7 owned and controlled by veterans; and 

8 ‘‘(viii) whether the covered loan was 

9 made under section 7(a) or under the pro10 gram to provide financing to small busi11 ness concerns through guarantees of loans 

12 under title V of the Small Business Invest13 ment Act of 1958 (15 U.S.C. 695 et seq.). 

14 ‘‘(B) INCORPORATION OF DATA.—The Ad15 ministrator shall— 

16 ‘‘(i) include in the database made 

17 available under paragraph (2) information 

18 relating to covered loans made during fis19 cal years 2009, 2010, 2011, and 2012; and 

20 ‘‘(ii) incorporate information relating 

21 to covered loans on an ongoing basis. 

22 ‘‘(C) PERIOD OF DATA AVAILABILITY.— 

23 The Administrator shall retain information re24 lating to a covered loan in the database made 

25 available under paragraph (2) until not earlier 


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1 than the end of the third fiscal year beginning 

2 after the fiscal year during which the covered 

3 loan was made.’’. 

4 TITLE III—ACCESS TO GLOBAL 

5 MARKETS 

6 SEC. 301. SHORT TITLE. 

7 This title may be cited as the ‘‘Small Business Export 

8 Growth Act of 2012’’. 

9 SEC. 302. REPORT ON IMPROVEMENTS TO EXPORT.GOV AS 

10 A SINGLE WINDOW FOR EXPORT INFORMA11 TION. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of enactment of this Act, the Director of Inter14 national Trade of the Small Business Administration 

15 shall, after consultation with the entities specified in sub16 section (b), submit to the Committee on Small Business 

17 and Entrepreneurship and the Committee on Banking, 

18 Housing, and Urban Affairs of the Senate and the Com19 mittee on Small Business and the Committee on Foreign 

20 Affairs of the House of Representatives a report that in21 cludes the recommendations of the Director for improving 

22 the experience provided by the website Export.gov (or a 

23 successor website) as— 

24 (1) a comprehensive resource for information 

25 about exporting articles from the United States; and 


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1 (2) a single website for exporters to submit all 

2 information required by the Federal Government 

3 with respect to the exportation of articles from the 

4 United States. 

5 (b) ENTITIES SPECIFIED.—The entities specified in 

6 this subsection are— 

7 (1) small business concerns (as defined in sec8 tion 3 of the Small Business Act (15 U.S.C. 632)) 

9 that are exporters; and 

10 (2) the President’s Export Council, State agen11 cies with responsibility for export promotion or ex12 port financing, district export councils, and trade as13 sociations. 

14 SEC. 303. REPORT ON DEVELOPING A SINGLE WINDOW FOR 

15 INFORMATION ABOUT EXPORT CONTROL 

16 COMPLIANCE. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of enactment of this Act, the Chief Counsel for Advo19 cacy of the Small Business Administration shall submit 

20 to the appropriate congressional committees a report as21 sessing the benefits of developing a website to serve as— 

22 (1) a comprehensive resource for complying 

23 with and information about the export control laws 

24 and regulations of the United States; and 


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1 (2) a single website for exporters to submit all 

2 information required by the Federal Government 

3 with respect to export controls. 

4 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

5 DEFINED.—In this section, the term ‘‘appropriate con6 gressional committees’’ means— 

7 (1) the Committee on Commerce, Science, and 

8 Transportation, the Committee on Banking, Hous9 ing, and Urban Affairs, and the Committee on Small 

10 Business and Entrepreneurship of the Senate; and 

11 (2) the Committee on Energy and Commerce, 

12 the Committee on Foreign Affairs, and the Com13 mittee on Small Business of the House of Rep14 resentatives. 

15 SEC. 304. PROMOTION OF EXPORTING. 

16 Section 22(c)(11) of the Small Business Act (15 

17 U.S.C. 649(c)(11)) is amended by inserting ‘‘, which shall 

18 include conducting not fewer than 1 outreach event each 

19 fiscal year in each State that promotes exporting as a 

20 business development opportunity for small business con21 cerns’’ before the semicolon. 

22 SEC. 305. EXPORT CONTROL EDUCATION. 

23 Section 22 of the Small Business Act (15 U.S.C. 649) 

24 is amended— 


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1 (1) by redesignating subsection (l) as subsection 

2 (n); and 

3 (2) by inserting after subsection (k) the fol4 lowing: 

5 ‘‘(l) EXPORT CONTROL EDUCATION.—The Associate 

6 Administrator shall ensure that all programs of the Ad7 ministration to support exporting by small business con8 cerns place a priority on educating small business concerns 

9 about Federal export control regulations.’’. 

10 SEC. 306. SMALL BUSINESS INTER-AGENCY TASK FORCE ON 

11 EXPORT FINANCING. 

12 The Administrator, in consultation with the Secretary 

13 of Agriculture, the President of the Export-Import Bank 

14 of the United States, and the President of the Overseas 

15 Private Investment Corporation shall jointly establish a 

16 Small Business Inter-Agency Task Force on Export Fi17 nancing to— 

18 (1) review and improve Federal export finance 

19 programs for small business concerns; and 

20 (2) coordinate the activities of the Federal Gov21 ernment to assist small business concerns seeking to 

22 export. 


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1 SEC. 307. PROMOTION OF EXPORTS BY RURAL SMALL BUSI2 NESSES. 

3 (a) SMALL BUSINESS ADMINISTRATION-UNITED

4 STATES DEPARTMENT OF AGRICULTURE INTERAGENCY

5 COORDINATION.— 

6 (1) EXPORT FINANCING PROGRAMS.—In coordi7 nation with the Secretary of Agriculture, the Admin8 istrator shall develop a program to cross-train export 

9 finance specialists and personnel from the Office of 

10 International Trade of the Administration on the ex11 port financing programs of the Department of Agri12 culture and the Foreign Agricultural Service. 

13 (2) EXPORT ASSISTANCE AND BUSINESS COUN14 SELING PROGRAMS.—In coordination with the Sec15 retary of Agriculture and the Foreign Agricultural 

16 Service, the Administrator shall develop a program 

17 to cross-train export finance specialists, personnel 

18 from the Office of International Trade of the Ad19 ministration, Small Business Development Centers, 

20 women’s business centers, the Service Corps of Re21 tired Executives authorized by section 8(b)(1) of the 

22 Small Business Act (15 U.S.C. 637(b)(1)), Export 

23 Assistance Centers, and other resource partners of 

24 the Administration on the export assistance and 

25 business counseling programs of the Department of 

26 Agriculture. 


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1 (b) REPORT ON LENDERS.—Section 7(a)(16)(F) of 

2 the Small Business Act (15 U.S.C. 636(a)(16)(F)) is 

3 amended— 

4 (1) in clause (i)— 

5 (A) by redesignating subclauses (I) 

6 through (III) as items (aa) through (cc), re7 spectively, and adjusting the margins accord8 ingly; 

9 (B) by striking ‘‘list, have made’’ and in10 serting the following: ‘‘list— 

11 ‘‘(I) have made’’; 

12 (C) in item (cc), as so redesignated, by 

13 striking the period at the end and inserting ‘‘; 

14 and’’; and 

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

16 ‘‘(II) were located in a rural 

17 area, as that term is defined in sec18 tion 1393(a)(2) of the Internal Rev19 enue Code of 1986, or a nonmetro20 politan statistical area and have 

21 made— 

22 ‘‘(aa) loans guaranteed by 

23 the Administration; or 

24 ‘‘(bb) loans through the pro25 grams offered by the United 


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1 States Department of Agriculture 

2 or the Foreign Agricultural Serv3 ice.’’; and 

4 (2) in clause (ii)(II), by inserting ‘‘and by re5 source partners of the Administration’’ after ‘‘the 

6 Administration’’. 

7 (c) COOPERATION WITH SMALL BUSINESS DEVEL8 OPMENT CENTERS.—Section 21(c)(3)(M) of the Small 

9 Business Act (15 U.S.C. 648(c)(3)(M)) is amended by in10 serting after ‘‘the Department of Commerce,’’ the fol11 lowing: ‘‘the Department of Agriculture,’’. 

12 (d) LIST OF RURAL EXPORT ASSISTANCE RE13 SOURCES.—Section 22(c)(7) of the Small Business Act 

14 (15 U.S.C. 649(c)(7)) is amended— 

15 (1) in subparagraph (C), by striking ‘‘and’’ at 

16 the end; 

17 (2) by redesignating subparagraph (D) as sub18 paragraph (E); and 

19 (3) by inserting after subparagraph (C) the fol20 lowing: 

21 ‘‘(D) publishing an annual list of relevant 

22 resources and programs of the district and re23 gional offices of the Administration, other Fed24 eral agencies, the small business development 

25 center network, Export Assistance Centers, the 


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1 network of women’s business centers, chapters 

2 of the Service Corps of Retired Executives, 

3 State and local export promotion programs, and 

4 partners in the private sector, that— 

5 ‘‘(i) are administered or offered by en6 tities located in rural or nonmetropolitan 

7 statistical areas; and 

8 ‘‘(ii) offer export assistance or busi9 ness counseling services to rural small 

10 businesses concerns; and’’. 

11 SEC. 308. REGISTRY OF EXPORT MANAGEMENT AND EX12 PORT TRADING COMPANIES. 

13 (a) COORDINATION WITH EXPORT MANAGEMENT

14 COMPANIES AND EXPORT TRADING COMPANIES.—Not 

15 later than 1 year after the date of enactment of this Act, 

16 the Administrator shall establish a program to register ex17 port management companies, as that term is defined by 

18 the Department of Commerce, and export trading compa19 nies, as that term is defined in section 103 of the Export 

20 Trading Company Act of 1982 (15 U.S.C. 4002). 

21 (b) REQUIREMENTS.—The program established 

22 under subsection (a) shall— 

23 (1) be similar to the program of the Adminis24 tration for registering franchise companies, as in ef25 fect on the date of enactment of this Act; and 


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1 (2) require that a list of the export manage2 ment companies and export trading companies that 

3 register under the program, categorized by the type 

4 of product exported by the company, be made avail5 able on the website of the Administration. 

6 SEC. 309. REVERSE TRADE MISSIONS. 

7 Section 22(c) of the Small Business Act (15 U.S.C. 

8 649(c)) is amended— 

9 (1) in paragraph (12), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (13), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(14) in coordination with other relevant Fed15 eral agencies, encourage the participation of employ16 ees and resource partners of the Administration in 

17 reverse trade missions hosted or sponsored by the 

18 Federal Government.’’. 

19 SEC. 310. STATE TRADE AND EXPORT PROMOTION GRANT 

20 PROGRAM. 

21 Section 1207(a)(5) of the Small Business Jobs Act 

22 of 2010 (15 U.S.C. 649b note) is amended by inserting 

23 after ‘‘Guam,’’ the following: ‘‘the Commonwealth of the 

24 Northern Mariana Islands,’’. 


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1 SEC. 311. PROMOTION OF INTERAGENCY DETAILS. 

2 It is the sense of Congress that the Administrator 

3 should periodically detail staff of the Administration to 

4 other Federal agencies that are members of the Trade 

5 Promotion Coordinating Committee, to facilitate the cross 

6 training of the staff of the Administration on the export 

7 assistance programs of such other agencies. 

8 SEC. 312. ANNUAL EXPORT STRATEGY. 

9 Section 22 of the Small Business Act (15 U.S.C. 

10 649), as amended by section 305 of this Act, is amended 

11 by adding at the end the following: 

12 ‘‘(m) SMALL BUSINESS TRADE STRATEGY.— 

13 ‘‘(1) DEVELOPMENT OF SMALL BUSINESS

14 TRADE STRATEGY.—The Associate Administrator 

15 shall develop and maintain a small business trade 

16 strategy that is included in the report on the govern17 mentwide strategic plan for Federal trade promotion 

18 required to be submitted to Congress by the Trade 

19 Promotion Coordinating Committee under section 

20 2312(f)(1) of the Export Enhancement Act of 1988 

21 (15 U.S.C. 4727(f)(1)) that includes, at a min22 imum— 

23 ‘‘(A) strategies to increase export opportu24 nities for small business concerns, including a 

25 specific strategy to increase opportunities for 


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1 small business concerns that are new to export2 ing; 

3 ‘‘(B) recommendations to increase the 

4 competitiveness in the global economy of small 

5 business concerns in the United States that are 

6 part of industries in which small business con7 cerns account for a high proportion of partici8 pating businesses; 

9 ‘‘(C) recommendations to protect small 

10 business concerns from unfair trade practices, 

11 including intellectual property violations; 

12 ‘‘(D) recommendations for strategies to 

13 promote and facilitate opportunities in the for14 eign markets that are most accessible for small 

15 business concerns that are new to exporting; 

16 and 

17 ‘‘(E) strategies to expand the representa18 tion of small business concerns in the formation 

19 and implementation of United States trade pol20 icy. 

21 ‘‘(2) ANNUAL REPORT TO CONGRESS.—At the 

22 beginning of each fiscal year, the Associate Adminis23 trator shall submit to the Committee on Small Busi24 ness and Entrepreneurship of the Senate and the 

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1 resentatives a report on the small business trade 

2 strategy required under paragraph (1), which shall 

3 contain, at a minimum— 

4 ‘‘(A) a description of each strategy and 

5 recommendation described in paragraph (1); 

6 ‘‘(B) specific policies and objectives, to7 gether with timelines for the implementation of 

8 such policies and objectives; and 

9 ‘‘(C) a description of the progress of the 

10 Administration in implementing the strategies 

11 and recommendations contained in the report 

12 submitted for the preceding fiscal year.’’. 

13 TITLE IV—ACCESS TO MEN14 TORING, EDUCATION, AND 

15 STRATEGIC PARTNERSHIPS 

16 Subtitle A—Measuring the 

17 Effectiveness of Resource Partners 

18 SEC. 411. EXPANDING ENTREPRENEURSHIP. 

19 Section 4 of the Small Business Act (15 U.S.C. 633), 

20 as amended by this Act, is amended by adding at the end 

21 the following: 

22 ‘‘(h) MANAGEMENT AND DIRECTION.— 

23 ‘‘(1) PLAN FOR ENTREPRENEURIAL DEVELOP24 MENT AND JOB CREATION STRATEGY.— 


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1 ‘‘(A) PLAN REQUIRED.—The Adminis2 trator, in consultation with a representative 

3 from each entrepreneurial development program 

4 of the Administration, shall develop and submit 

5 to Congress a plan for using the entrepreneurial 

6 development programs of the Administration to 

7 create jobs during fiscal years 2013 and 2014. 

8 ‘‘(B) CONTENTS OF PLAN.—The plan re9 quired under subparagraph (A) shall— 

10 ‘‘(i) include the plan of the Adminis11 trator for using existing programs, includ12 ing small business development centers, 

13 women’s business centers, the Service 

14 Corps of Retired Executives authorized by 

15 section 8(b)(1), Veterans Business Out16 reach Centers, and programs of the Office 

17 of Native American Affairs, to create jobs; 

18 ‘‘(ii) identify a strategy for each re19 gion of the Administration to use programs 

20 of the Administration to create or retain 

21 jobs in the region; and 

22 ‘‘(iii) establish performance measures 

23 and criteria, including goals for job cre24 ation, job retention, and job retraining, to 

25 evaluate the success of the plan. 


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1 ‘‘(2) DATA COLLECTION PROCESS.— 

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

3 shall, after notice and opportunity for comment, 

4 promulgate a rule to develop and implement a 

5 consistent data collection process for the entre6 preneurial development programs. 

7 ‘‘(B) CONTENTS.—The data collection 

8 process developed under subparagraph (A) shall 

9 collect data relating to job creation and per10 formance and any other data determined appro11 priate by the Administrator. 

12 ‘‘(3) COORDINATION AND ALIGNMENT OF SBA

13 ENTREPRENEURIAL DEVELOPMENT PROGRAMS.— 

14 The Administrator, in consultation with other Fed15 eral departments and agencies as the Administrator 

16 determines is appropriate, shall submit an annual 

17 report to Congress describing opportunities to foster 

18 coordination of, limit duplication among, and im19 prove program delivery for Federal entrepreneurial 

20 development programs. 

21 ‘‘(4) DATABASE OF ENTREPRENEURIAL DEVEL22 OPMENT SERVICE PROVIDERS.— 

23 ‘‘(A) ESTABLISHMENT.—After providing a 

24 period of 60 days for public comment, the Ad25 ministrator shall— 


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1 ‘‘(i) establish a database of providers 

2 of entrepreneurial development services; 

3 and 

4 ‘‘(ii) make the database available 

5 through the website of the Administration. 

6 ‘‘(B) SEARCHABILITY.—The database es7 tablished under subparagraph (A) shall be 

8 searchable by industry, geographic location, and 

9 service required. 

10 ‘‘(5) COMMUNITY SPECIALIST.— 

11 ‘‘(A) DESIGNATION.—The Administrator 

12 shall designate not fewer than 1 staff member 

13 in each district office of the Administration as 

14 a community specialist whose full-time responsi15 bility is working with local providers of entre16 preneurial development services to increase co17 ordination with Federal entrepreneurial devel18 opment programs. 

19 ‘‘(B) PERFORMANCE.—The Administrator 

20 shall develop benchmarks for measuring the 

21 performance of community specialists under 

22 this paragraph.’’. 


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1 Subtitle B—Women’s Small 

2 Business Ownership 

3 SEC. 421. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Women’s Small 

5 Business Ownership Act of 2012’’. 

6 SEC. 422. DEFINITION. 

7 In this subtitle, the term ‘‘Administrator’’ means the 

8 Administrator of the Small Business Administration. 

9 SEC. 423. OFFICE OF WOMEN’S BUSINESS OWNERSHIP. 

10 (a) IN GENERAL.—Section 29(g) of the Small Busi11 ness Act (15 U.S.C. 656(g)) is amended— 

12 (1) in paragraph (2)— 

13 (A) in subparagraph (B)— 

14 (i) in clause (i), by striking ‘‘in the 

15 areas’’ and all that follows through the end 

16 of subclause (I), and inserting the fol17 lowing: ‘‘to address issues concerning the 

18 management, operations, manufacturing, 

19 technology, finance, retail and product 

20 sales, international trade, Government con21 tracting, and other disciplines required 

22 for— 

23 ‘‘(I) starting, operating, and in24 creasing the business of a small busi25 ness concern;’’; and 


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1 (ii) in clause (ii), by striking ‘‘Wom2 en’s Business Center program’’ each place 

3 that term appears and inserting ‘‘women’s 

4 business center program’’; and 

5 (B) in subparagraph (C), by inserting be6 fore the period at the end the following: ‘‘, the 

7 National Women’s Business Council, and any 

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

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

10 ‘‘(3) TRAINING.—The Administrator may pro11 vide annual programmatic and financial examination 

12 training for women’s business ownership representa13 tives and district office technical representatives of 

14 the Administration to enable representatives to carry 

15 out their responsibilities. 

16 ‘‘(4) PROGRAM AND TRANSPARENCY IMPROVE17 MENTS.—The Administrator shall maximize the 

18 transparency of the women’s business center finan19 cial assistance proposal process and the pro20 grammatic and financial examination process by— 

21 ‘‘(A) providing public notice of any an22 nouncement for financial assistance under sub23 section (b) or a grant under subsection (l) not 

24 later than the end of the first quarter of each 

25 fiscal year; 


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1 ‘‘(B) in the announcement described in 

2 subparagraph (A), outlining award and pro3 gram evaluation criteria and describing the 

4 weighting of the criteria for financial assistance 

5 under subsection (b) and grants under sub6 section (l); 

7 ‘‘(C) minimizing paperwork and reporting 

8 requirements for applicants for and recipients 

9 of financial assistance under this section; 

10 ‘‘(D) standardizing the programmatic and 

11 financial examination process; and 

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

13 center, not later than 60 days after the comple14 tion of a site visit to the women’s business cen15 ter (whether conducted for an audit, perform16 ance review, or other reason), a copy of any site 

17 visit reports or evaluation reports prepared by 

18 district office technical representatives or offi19 cers or employees of the Administration.’’. 

20 (b) CHANGE OF TITLE.— 

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

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

23 (A) in subsection (a)— 

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


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1 (ii) by redesignating paragraphs (2) 

2 and (3) as paragraphs (4) and (5), respec3 tively; and 

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

5 as so redesignated, the following: 

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

7 the Office of Women’s Business Ownership estab8 lished under subsection (g);’’; 

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

10 each place that term appears and inserting ‘‘Di11 rector’’; and 

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

13 heading, by striking ‘‘ASSISTANT ADMINIS14 TRATOR’’ and inserting ‘‘DIRECTOR’’. 

15 (2) WOMEN’S BUSINESS OWNERSHIP ACT OF

16 1988.—Title IV of the Women’s Business Ownership 

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

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

19 ‘‘Assistant Administrator’’ and inserting ‘‘Di20 rector’’; 

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

22 Administrator’’ and inserting ‘‘Director’’; and 

23 (C) in section 406(c), by striking ‘‘Assist24 ant Administrator’’ and inserting ‘‘Director’’. 


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1 SEC. 424. WOMEN’S BUSINESS CENTER PROGRAM. 

2 (a) WOMEN’S BUSINESS CENTER FINANCIAL ASSIST3 ANCE.—Section 29 of the Small Business Act (15 U.S.C. 

4 656) is amended— 

5 (1) in subsection (a), as amended by section 

6 423(b) of this Act— 

7 (A) by inserting before paragraph (2) the 

8 following: 

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

10 centers’ means an organization— 

11 ‘‘(A) that represents not less than 51 per12 cent of the women’s business centers that par13 ticipate in a program under this section; and 

14 ‘‘(B) whose primary purpose is to rep15 resent women’s business centers;’’; 

16 (B) by inserting after paragraph (2) the 

17 following: 

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

19 ‘‘(A) a private nonprofit organization; 

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

21 development organization; 

22 ‘‘(C) a development, credit, or finance cor23 poration chartered by a State; 

24 ‘‘(D) a junior or community college, as de25 fined in section 312(f) of the Higher Education 

26 Act of 1965 (20 U.S.C. 1058(f)); or 


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

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

3 (C) by adding after paragraph (5) the fol4 lowing: 

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

6 a project conducted by an eligible entity under this 

7 section.’’; 

8 (2) in subsection (b)— 

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

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

11 and adjusting the margins accordingly; 

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

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

14 inserting the following: 

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

16 provide financial assistance to an eligible entity to 

17 conduct a project under this section’’; 

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

19 inserting the following: 

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

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

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

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


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

2 may award financial assistance under this sub3 section of not less than $100,000 and not more 

4 than $150,000 per year. 

5 ‘‘(B) LOWER AMOUNT.—The Adminis6 trator may award financial assistance under 

7 this subsection to a recipient in an amount that 

8 is less than $100,000 if the Administrator de9 termines that the recipient is unable to make a 

10 non-Federal contribution of $100,000 or more, 

11 as required under subsection (c). 

12 ‘‘(C) EQUAL ALLOCATIONS.—If the Admin13 istration has insufficient funds to provide finan14 cial assistance of not less than $100,000 for 

15 each recipient of financial assistance under this 

16 subsection in any fiscal year, the Administrator 

17 shall provide an equal amount of financial as18 sistance to each recipient in the fiscal year, un19 less a recipient requests a lower amount than 

20 the allocated amount. 

21 ‘‘(4) CONSULTATION WITH ASSOCIATIONS OF

22 WOMEN’S BUSINESS CENTERS.—The Administrator 

23 shall consult with each association of women’s busi24 ness centers to develop— 


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

2 women’s business centers and the Administra3 tion; and 

4 ‘‘(B) recommendations to improve the poli5 cies and procedures for governing the general 

6 operations and administration of the women’s 

7 business center program, including grant pro8 gram improvements under subsection (g)(4).’’; 

9 (3) in subsection (c)— 

10 (A) in paragraph (1) by striking ‘‘the re11 cipient organization’’ and inserting ‘‘an eligible 

12 entity’’; 

13 (B) in paragraph (3), in the second sen14 tence, by striking ‘‘a recipient organization’’ 

15 and inserting ‘‘an eligible entity’’; 

16 (C) in paragraph (4)— 

17 (i) by striking ‘‘recipient of assist18 ance’’ and inserting ‘‘eligible entity’’; 

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

20 and inserting ‘‘the eligible entity’’; and 

21 (iii) by striking ‘‘recipient’’ and in22 serting ‘‘eligible entity’’; and 

23 (D) in paragraph (5)— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘a recipient organization’’ and inserting 

3 ‘‘an eligible entity’’; and 

4 (ii) by striking ‘‘the recipient organi5 zation’’ each place it appears and inserting 

6 ‘‘the eligible entity’’; and 

7 (E) by adding at end the following: 

8 ‘‘(6) SEPARATION OF PROJECT AND FUNDS.— 

9 An eligible entity shall— 

10 ‘‘(A) carry out a project under this section 

11 separately from other projects, if any, of the eli12 gible entity; and 

13 ‘‘(B) separately maintain and account for 

14 any financial assistance under this section.’’; 

15 (4) in subsection (e)— 

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

17 and inserting ‘‘eligible entity’’; 

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

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

20 (C) by striking ‘‘site’’; 

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

22 following: 

23 ‘‘(f) APPLICATIONS AND CRITERIA FOR INITIAL FI24 NANCIAL ASSISTANCE.— 


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1 ‘‘(1) APPLICATION.—Each eligible entity desir2 ing financial assistance under subsection (b) shall 

3 submit to the Administrator an application that con4 tains— 

5 ‘‘(A) a certification that the eligible enti6 ty— 

7 ‘‘(i) has designated an executive direc8 tor or program manager, who may be com9 pensated using financial assistance under 

10 subsection (b) or other sources, to manage 

11 the center on a full-time basis; 

12 ‘‘(ii) as a condition of receiving finan13 cial assistance under subsection (b), 

14 agrees— 

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

16 Administrator as part of the final se17 lection process; 

18 ‘‘(II) to undergo an annual pro19 grammatic and financial examination; 

20 and 

21 ‘‘(III) to the maximum extent 

22 practicable, to remedy any problems 

23 identified pursuant to the site visit or 

24 examination under subclause (I) or 

25 (II); and 


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1 ‘‘(iii) meets the accounting and re2 porting requirements established by the 

3 Director of the Office of Management and 

4 Budget; 

5 ‘‘(B) information demonstrating that the 

6 eligible entity has the ability and resources to 

7 meet the needs of the market to be served by 

8 the women’s business center for which financial 

9 assistance under subsection (b) is sought, in10 cluding the ability to obtain the non-Federal 

11 contribution required under subsection (c); 

12 ‘‘(C) information relating to the assistance 

13 to be provided by the women’s business center 

14 for which financial assistance under subsection 

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

16 business center is located; 

17 ‘‘(D) information demonstrating the expe18 rience and effectiveness of the eligible entity 

19 in— 

20 ‘‘(i) conducting financial, manage21 ment, and marketing assistance programs, 

22 as described in subsection (b)(2), which 

23 are designed to teach or upgrade the busi24 ness skills of women who are business own25 ers or potential business owners; 


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1 ‘‘(ii) providing training and services to 

2 a representative number of women who are 

3 socially and economically disadvantaged; 

4 and 

5 ‘‘(iii) working with resource partners 

6 of the Administration and other entities, 

7 such as universities; and 

8 ‘‘(E) a 5-year plan that describes the abil9 ity of the women’s business center for which fi10 nancial assistance is sought— 

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

12 owners or potential business owners by 

13 conducting training and counseling activi14 ties; and 

15 ‘‘(ii) to provide training and services 

16 to a representative number of women who 

17 are socially and economically disadvan18 taged. 

19 ‘‘(2) ADDITIONAL INFORMATION.—The Admin20 istrator shall make any request for additional infor21 mation from an organization applying for financial 

22 assistance under subsection (b) that was not re23 quested in the original announcement in writing. 

24 ‘‘(3) REVIEW AND APPROVAL OF APPLICATIONS

25 FOR INITIAL FINANCIAL ASSISTANCE.— 


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

2 shall— 

3 ‘‘(i) review each application submitted 

4 under paragraph (1), based on the infor5 mation described in such paragraph and 

6 the criteria set forth under subparagraph 

7 (B) of this paragraph; and 

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

9 of the final selection process, conduct a 

10 site visit to each women’s business center 

11 for which financial assistance under sub12 section (b) is sought. 

13 ‘‘(B) SELECTION CRITERIA.— 

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

15 shall evaluate applicants for financial as16 sistance under subsection (b) in accordance 

17 with selection criteria that are— 

18 ‘‘(I) established before the date 

19 on which applicants are required to 

20 submit the applications; 

21 ‘‘(II) stated in terms of relative 

22 importance; and 

23 ‘‘(III) publicly available and stat24 ed in each solicitation for applications 

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1 section (b) made by the Adminis2 trator. 

3 ‘‘(ii) REQUIRED CRITERIA.—The se4 lection criteria for financial assistance 

5 under subsection (b) shall include— 

6 ‘‘(I) the experience of the appli7 cant in conducting programs or ongo8 ing efforts designed to teach or en9 hance the business skills of women 

10 who are business owners or potential 

11 business owners; 

12 ‘‘(II) the ability of the applicant 

13 to begin a project within a minimum 

14 amount of time; 

15 ‘‘(III) the ability of the applicant 

16 to provide training and services to a 

17 representative number of women who 

18 are socially and economically dis19 advantaged; and 

20 ‘‘(IV) the location for the wom21 en’s business center proposed by the 

22 applicant, including whether the appli23 cant is located in a State in which 

24 there is not a women’s business center 


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1 receiving funding from the Adminis2 tration. 

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

4 business of an applicant for financial assistance 

5 under subsection (b) is located less than 50 

6 miles from the principal place of business of a 

7 women’s business center that received funds 

8 under this section on or before the date of the 

9 application, the applicant shall not be eligible 

10 for the financial assistance, unless the applicant 

11 submits a detailed written justification of the 

12 need for an additional center in the area in 

13 which the applicant is located. 

14 ‘‘(D) RECORD RETENTION.—The Adminis15 trator shall maintain a copy of each application 

16 submitted under this subsection for not less 

17 than 7 years.’’; and 

18 (6) in subsection (m)— 

19 (A) by striking paragraph (3) and insert20 ing the following: 

21 ‘‘(3) APPLICATION AND APPROVAL FOR RE22 NEWAL GRANTS.— 

23 ‘‘(A) SOLICITATION OF APPLICATIONS.— 

24 The Administrator shall solicit applications and 

25 award grants under this subsection for the first 


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1 fiscal year beginning after the date of enact2 ment of the Women’s Small Business Owner3 ship Act of 2012, and every third fiscal year 

4 thereafter. 

5 ‘‘(B) CONTENTS OF APPLICATION.—Each 

6 eligible entity desiring a grant under this sub7 section shall submit to the Administrator an ap8 plication that contains— 

9 ‘‘(i) a certification that the appli10 cant— 

11 ‘‘(I) is an eligible entity; 

12 ‘‘(II) has designated a full-time 

13 executive director or program man14 ager to manage the women’s business 

15 center operated by the applicant; and 

16 ‘‘(III) as a condition of receiving 

17 a grant under this subsection, 

18 agrees— 

19 ‘‘(aa) to receive a site visit 

20 as part of the final selection 

21 process; 

22 ‘‘(bb) to submit, for the 2 

23 full fiscal years before the date 

24 on which the application is sub25 mitted, annual programmatic and 


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1 financial examination reports or 

2 certified copies of the compliance 

3 supplemental audits under OMB 

4 Circular A–133 of the applicant; 

5 and 

6 ‘‘(cc) to remedy any problem 

7 identified pursuant to the site 

8 visit or examination under item 

9 (aa) or (bb); 

10 ‘‘(ii) information demonstrating that 

11 the applicant has the ability and resources 

12 to meet the needs of the market to be 

13 served by the women’s business center for 

14 which a grant under this subsection is 

15 sought, including the ability to obtain the 

16 non-Federal contribution required under 

17 paragraph (4)(C); 

18 ‘‘(iii) information relating to assist19 ance to be provided by the women’s busi20 ness center in the area served by the wom21 en’s business center for which a grant 

22 under this subsection is sought; 

23 ‘‘(iv) information demonstrating that 

24 the applicant has worked with resource 


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1 partners of the Administration and other 

2 entities; 

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

4 ability of the women’s business center for 

5 which a grant under this subsection is 

6 sought— 

7 ‘‘(I) to serve women who are 

8 business owners or potential business 

9 owners by conducting training and 

10 counseling activities; and 

11 ‘‘(II) to provide training and 

12 services to a representative number of 

13 women who are socially and economi14 cally disadvantaged; and 

15 ‘‘(vi) any additional information that 

16 the Administrator may reasonably require. 

17 ‘‘(C) REVIEW AND APPROVAL OF APPLICA18 TIONS FOR GRANTS.— 

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

20 shall— 

21 ‘‘(I) review each application sub22 mitted under subparagraph (B), based 

23 on the information described in such 

24 subparagraph and the criteria set 


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1 forth under clause (ii) of this subpara2 graph; and 

3 ‘‘(II) whenever practicable, as 

4 part of the final selection process, 

5 conduct a site visit to each women’s 

6 business center for which a grant 

7 under this subsection is sought. 

8 ‘‘(ii) SELECTION CRITERIA.— 

9 ‘‘(I) IN GENERAL.—The Admin10 istrator shall evaluate applicants for 

11 grants under this subsection in ac12 cordance with selection criteria that 

13 are— 

14 ‘‘(aa) established before the 

15 date on which applicants are re16 quired to submit the applications; 

17 ‘‘(bb) stated in terms of rel18 ative importance; and 

19 ‘‘(cc) publicly available and 

20 stated in each solicitation for ap21 plications for grants under this 

22 subsection made by the Adminis23 trator. 


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1 ‘‘(II) REQUIRED CRITERIA.—The 

2 selection criteria for a grant under 

3 this subsection shall include— 

4 ‘‘(aa) the total number of 

5 entrepreneurs served by the ap6 plicant; 

7 ‘‘(bb) the total number of 

8 new startup companies assisted 

9 by the applicant; 

10 ‘‘(cc) the percentage of cli11 ents of the applicant that are so12 cially or economically disadvan13 taged; and 

14 ‘‘(dd) the percentage of indi15 viduals in the community served 

16 by the applicant who are socially 

17 or economically disadvantaged. 

18 ‘‘(iii) CONDITIONS FOR CONTINUED

19 FUNDING.—In determining whether to 

20 make a grant under this subsection, the 

21 Administrator— 

22 ‘‘(I) shall consider the results of 

23 the most recent evaluation of the 

24 women’s business center for which a 

25 grant under this subsection is sought, 


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1 and, to a lesser extent, previous eval2 uations; and 

3 ‘‘(II) may withhold a grant under 

4 this subsection, if the Administrator 

5 determines that the applicant has 

6 failed to provide the information re7 quired to be provided under this para8 graph, or the information provided by 

9 the applicant is inadequate. 

10 ‘‘(D) NOTIFICATION.—Not later than 60 

11 days after the date of each deadline to submit 

12 applications, the Administrator shall approve or 

13 deny any application under this paragraph and 

14 notify the applicant for each such application of 

15 the approval or denial. 

16 ‘‘(E) RECORD RETENTION.—The Adminis17 trator shall maintain a copy of each application 

18 submitted under this paragraph for not less 

19 than 7 years.’’; and 

20 (B) by striking paragraph (5) and insert21 ing the following: 

22 ‘‘(5) AWARD TO PREVIOUS RECIPIENTS.—There 

23 shall be no limitation on the number of times the 

24 Administrator may award a grant to an applicant 

25 under this subsection.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

4 (A) in subsection (h)(2), by striking ‘‘to 

5 award a contract (as a sustainability grant) 

6 under subsection (l) or’’; 

7 (B) in subsection (j)(1), by striking ‘‘The 

8 Administration’’ and inserting ‘‘Not later than 

9 November 1 of each year, the Administrator’’; 

10 (C) in subsection (k)— 

11 (i) by striking paragraphs (1), (2), 

12 and (4); 

13 (ii) by redesignating paragraph (3) as 

14 paragraph (4); and 

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

16 as so redesignated, the following: 

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

18 appropriated to the Administration to carry out this 

19 section, to remain available until expended, 

20 $14,500,000 for each of fiscal years 2013, 2014, 

21 and 2015. 

22 ‘‘(2) USE OF FUNDS.—Amounts made available 

23 under this subsection may only be used for grant 

24 awards and may not be used for costs incurred by 

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1 ment and administration of the program under this 

2 section. 

3 ‘‘(3) CONTINUING GRANT AND COOPERATIVE

4 AGREEMENT AUTHORITY.— 

5 ‘‘(A) PROMPT DISBURSEMENT.—Upon re6 ceiving funds to carry out this section for a fis7 cal year, the Administrator shall, to the extent 

8 practicable, promptly reimburse funds to any 

9 women’s business center awarded financial as10 sistance under this section if the center meets 

11 the eligibility requirements under this section. 

12 ‘‘(B) SUSPENSION OR TERMINATION.—If 

13 the Administrator has entered into a grant or 

14 cooperative agreement with a women’s business 

15 center under this section, the Administrator 

16 may not suspend or terminate the grant or co17 operative agreement, unless the Adminis18 trator— 

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

20 center with written notification setting 

21 forth the reasons for that action; and 

22 ‘‘(ii) affords the women’s business 

23 center an opportunity for a hearing, ap24 peal, or other administrative proceeding 


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1 under chapter 5 of title 5, United States 

2 Code.’’; 

3 (D) in subsection (m)— 

4 (i) in paragraph (2), by striking ‘‘sub5 section (b) or (l)’’ and inserting ‘‘this sub6 section or subsection (b)’’; and 

7 (ii) in paragraph (4)(D), by striking 

8 ‘‘or subsection (l)’’; and 

9 (E) by redesignating subsections (m) and 

10 (n), as amended by this Act, as subsections (l) 

11 and (m), respectively. 

12 (2) PROSPECTIVE REPEAL.—Section 1401(c)(2) 

13 of the Small Business Jobs Act of 2010 (15 U.S.C. 

14 636 note) is amended— 

15 (A) in subparagraph (A), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (B), by striking the 

18 period at the end and inserting ‘‘; and’’; and 

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

20 ‘‘(C) by redesignating paragraph (6), as 

21 added by section 424(a)(3)(E) of the Women’s 

22 Small Business Ownership Act of 2012, as 

23 paragraph (5).’’. 

24 (c) EFFECT ON EXISTING GRANTS.— 


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1 (1) TERMS AND CONDITIONS.—A nonprofit or2 ganization receiving a grant under section 29(m) of 

3 the Small Business Act (15 U.S.C. 656(m)), as in 

4 effect on the day before the date of enactment of 

5 this Act, shall continue to receive the grant under 

6 the terms and conditions in effect for the grant on 

7 the day before the date of enactment of this Act, ex8 cept that the nonprofit organization may not apply 

9 for a renewal of the grant under section 29(m)(5) of 

10 the Small Business Act (15 U.S.C. 656(m)(5)), as 

11 in effect on the day before the date of enactment of 

12 this Act. 

13 (2) LENGTH OF RENEWAL GRANT.—The Ad14 ministrator may award a grant under section 29(l) 

15 of the Small Business Act, as so redesignated by 

16 subsection (b)(1)(E) of this section, to a nonprofit 

17 organization receiving a grant under section 29(m) 

18 of the Small Business Act (15 U.S.C. 656(m)), as 

19 in effect on the day before the date of enactment of 

20 this Act, for the period— 

21 (A) beginning on the day after the last day 

22 of the grant agreement under such section 

23 29(m); and 


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1 (B) ending at the end of the third fiscal 

2 year beginning after the date of enactment of 

3 this Act. 

4 SEC. 425. STUDY AND REPORT ON ECONOMIC ISSUES FAC5 ING WOMEN’S BUSINESS CENTERS. 

6 (a) STUDY.—The Comptroller General of the United 

7 States shall conduct a broad study of the unique economic 

8 issues facing women’s business centers located in covered 

9 areas to identify— 

10 (1) the difficulties such centers face in raising 

11 non-Federal funds; 

12 (2) the difficulties such centers face in com13 peting for financial assistance, non-Federal funds, or 

14 other types of assistance; 

15 (3) the difficulties such centers face in writing 

16 grant proposals; and 

17 (4) other difficulties such centers face because 

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

19 such centers are located. 

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

21 of enactment of this Act, the Comptroller General shall 

22 submit to Congress a report containing the results of the 

23 study under subsection (a), which shall include rec24 ommendations, if any, regarding how to— 


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1 (1) address the unique difficulties women’s 

2 business centers located in covered areas face be3 cause of the type of covered area in which such cen4 ters are located; 

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

6 services provided by, women’s business centers lo7 cated in covered areas; and 

8 (3) best use technology and other resources to 

9 better serve women business owners located in cov10 ered areas. 

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

12 the term ‘‘covered area’’ means— 

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

14 determined by the Administrator; 

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

16 determined by the Administrator; and 

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

18 SEC. 426. STUDY AND REPORT ON OVERSIGHT OF WOMEN’S 

19 BUSINESS CENTERS. 

20 (a) STUDY.—The Comptroller General of the United 

21 States shall conduct a study of the oversight of women’s 

22 business centers by the Administrator, which shall in23 clude— 

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1 ters with the activities of small business development 

2 centers, the Service Corps of Retired Executives, 

3 and Veterans Business Outreach Centers; 

4 (2) a comparison of the types of individuals and 

5 small business concerns served by women’s business 

6 centers and the types of individuals and small busi7 ness concerns served by small business development 

8 centers, the Service Corps of Retired Executives, 

9 and Veterans Business Outreach Centers; and 

10 (3) an analysis of performance data for wom11 en’s business centers that evaluates how well wom12 en’s business centers are carrying out the mission of 

13 women’s business centers and serving individuals 

14 and small business concerns. 

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

16 of enactment of this Act, the Comptroller General shall 

17 submit to Congress a report containing the results of the 

18 study under subsection (a), which shall include rec19 ommendations, if any, for eliminating the duplication of 

20 services provided by women’s business centers, small busi21 ness development centers, the Service Corps of Retired 

22 Executives, and Veterans Business Outreach Centers. 


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1 Subtitle C—Strengthening Amer2 ica’s Small Business Develop3 ment Centers 

4 SEC. 431. INSTITUTIONS OF HIGHER EDUCATION. 

5 Section 21 of the Small Business Act (15 U.S.C. 648) 

6 is amended— 

7 (1) in subsection (a)(1), by striking ‘‘: Provided, 

8 That’’ and all that follows through ‘‘on such date.’’ 

9 and inserting the following: ‘‘. On and after Decem10 ber 31, 2013, the Administrator may only make a 

11 grant under this paragraph to an applicant that is 

12 an institution of higher education, as defined in sec13 tion 101(a) of the Higher Education Act of 1965 

14 (20 U.S.C. 1001(a)), that is accredited (and not 

15 merely in preaccreditation status) by a nationally 

16 recognized accrediting agency or association recog17 nized by the Secretary of Education for such pur18 pose in accordance with section 496 of that Act (20 

19 U.S.C. 1099b).’’; and 

20 (2) in subsection (c)(3)(K), by inserting ‘‘public 

21 and private institutions of higher education (includ22 ing universities, community colleges, and junior col23 leges),’’ before ‘‘local and regional private consult24 ants’’. 


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1 SEC. 432. UPDATING FUNDING LEVELS FOR SMALL BUSI2 NESS DEVELOPMENT CENTERS. 

3 (a) MINIMUM FUNDING LEVELS.—Section 

4 21(a)(4)(C) of the Small Business Act (15 U.S.C. 

5 648(a)(4)(C)) is amended— 

6 (1) in clause (iii)— 

7 (A) by striking ‘‘$90,000,000’’ each place 

8 that term appears and inserting 

9 ‘‘$98,500,000’’; 

10 (B) by striking ‘‘$81,500,000’’ each place 

11 that term appears and inserting 

12 ‘‘$90,000,000’’; and 

13 (C) by striking ‘‘$500,000’’ each place that 

14 term appears and inserting ‘‘$600,000’’; 

15 (2) in clause (v)(II), by striking ‘‘if the usage’’ 

16 and all that follows through the end of the subclause 

17 and inserting a period; and 

18 (3) in clause (v), by striking subclause (I) and 

19 inserting the following: 

20 ‘‘(I) IN GENERAL.—Of the 

21 amounts made available in any fiscal 

22 year to carry out this section— 

23 ‘‘(aa) not more than 

24 $50,000 may be used by the Ad25 ministration to pay the expenses 


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1 enumerated in subparagraph (B) 

2 of section 20(a)(1); 

3 ‘‘(bb) not more than 

4 $500,000 may be used by the 

5 Administration to pay the ex6 penses enumerated in subpara7 graph (C) of section 20(a)(1); 

8 and 

9 ‘‘(cc) not more than 

10 $250,000 may be used by the 

11 Administration to pay the ex12 penses enumerated in subpara13 graph (D) of section 20(a)(1).’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 21(a)(4)(C)(vii) of the Small Business Act (15 U.S.C. 

16 648(a)(4)(C)(vii)) is amended to read as follows: 

17 ‘‘(vii) AUTHORIZATION OF APPROPRIA18 TIONS.—There are authorized to be appro19 priated to carry out this subparagraph— 

20 ‘‘(I) $135,000,000 for fiscal year 

21 2013; 

22 ‘‘(II) $135,000,000 for fiscal 

23 year 2014; and 

24 ‘‘(III) $135,000,000 for fiscal 

25 year 2015.’’. 


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1 SEC. 433. ASSISTANCE TO OUT-OF-STATE SMALL BUSI2 NESSES. 

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

4 U.S.C. 648(b)(3)) is amended— 

5 (1) by striking ‘‘(3) At the discretion’’ and in6 serting the following: 

7 ‘‘(3) ASSISTANCE TO OUT-OF-STATE SMALL

8 BUSINESSES.— 

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

10 and 

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

12 ‘‘(B) DISASTER RECOVERY ASSISTANCE.— 

13 ‘‘(i) IN GENERAL.—At the discretion 

14 of the Administrator, the Administrator 

15 may authorize a small business develop16 ment center to provide assistance, as de17 scribed in subsection (c), to small business 

18 concerns located outside of the State, with19 out regard to geographic proximity, if the 

20 small business concerns are located in an 

21 area for which the President has declared 

22 a major disaster under section 401 of the 

23 Robert T. Stafford Disaster Relief and 

24 Emergency Assistance Act (42 U.S.C. 

25 5170), during the period of the declara26 tion. 


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1 ‘‘(ii) CONTINUITY OF SERVICES.—A 

2 small business development center that 

3 provides counselors to an area described in 

4 clause (i) shall, to the maximum extent 

5 practicable, ensure continuity of services in 

6 any State in which the small business de7 velopment center otherwise provides serv8 ices. 

9 ‘‘(iii) ACCESS TO DISASTER RECOVERY

10 FACILITIES.—For purposes of this sub11 paragraph, the Administrator shall, to the 

12 maximum extent practicable, permit the 

13 personnel of a small business development 

14 center to use any site or facility designated 

15 by the Administrator for use to provide 

16 disaster recovery assistance.’’. 

17 SEC. 434. TERMINATION OF SMALL BUSINESS DEVELOP18 MENT CENTER DEFENSE ECONOMIC TRANSI19 TION ASSISTANCE. 

20 (a) IN GENERAL.—Section 21(c)(3) of the Small 

21 Business Act (15 U.S.C. 648(c)(3)) is amended— 

22 (1) by striking subparagraph (G); and 

23 (2) by redesignating subparagraphs (H) 

24 through (T) as subparagraphs (G) through (S), re25 spectively. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 Section 21(a) of the Small Business Act (15 U.S.C. 

3 648(a)) is amended— 

4 (1) in paragraph (4)(C)(vi), by striking ‘‘or 

5 (c)(3)(G)’’; and 

6 (2) in paragraph (6), by striking ‘‘subpara7 graphs (B) through (G) of subsection (c)(3)’’ and in8 serting ‘‘subparagraphs (B) through (F) of sub9 section (c)(3)’’. 

10 (c) EXISTING GRANTS.—Nothing in this section shall 

11 affect any grant made to a small business development 

12 center before the date of enactment of this Act under sec13 tion 21(c)(3)(G) of the Small Business Act (15 U.S.C. 

14 648(c)(3)(G)), as in effect on the day before the date of 

15 enactment of this Act, and any such grant shall be subject 

16 to such section 21(c)(3)(G), as in effect on the day before 

17 the date of enactment of this Act. 

18 SEC. 435. NATIONAL SMALL BUSINESS DEVELOPMENT CEN19 TER ADVISORY BOARD. 

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

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

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

23 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— 

6 (A) by striking ‘‘Succeeding Boards’’ and 

7 inserting ‘‘The members of the Board’’; and 

8 (B) by inserting ‘‘not less than’’ before 

9 ‘‘one-third’’. 

10 (b) INCUMBENTS.—An individual serving as a mem11 ber of the National Small Business Development Center 

12 Advisory Board on the date of enactment of this Act may 

13 continue to serve on the Board until the end of the term 

14 of the member under section 21(i)(1) of the Small Busi15 ness Act (15 U.S.C. 648(i)(1)), as in effect on the day 

16 before such date of enactment. 

17 SEC. 436. REPEAL OF PAUL D. COVERDELL DRUG-FREE 

18 WORKPLACE PROGRAM. 

19 Section 27 of the Small Business Act (15 U.S.C. 654) 

20 is repealed. 


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1 Subtitle D—Terminating the Na2 tional Veterans Business Devel3 opment Corporation 

4 SEC. 441. NATIONAL VETERANS BUSINESS DEVELOPMENT 

5 CORPORATION. 

6 (a) IN GENERAL.—The Small Business Act (15 

7 U.S.C. 631 et seq.) is amended by striking section 33 (15 

8 U.S.C. 657c). 

9 (b) CORPORATION.—On and after the date of enact10 ment of this Act, the National Veterans Business Develop11 ment Corporation and any successor thereto may not rep12 resent that the corporation is federally chartered or in any 

13 other manner authorized by the Federal Government. 

14 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 (1) SMALL BUSINESS ACT.—The Small Busi16 ness Act (15 U.S.C. 631 et seq.), as amended by 

17 this section, is amended— 

18 (A) by redesignating sections 34 through 

19 45 as sections 33 through 44, respectively; 

20 (B) in section 9(k)(1)(D) (15 U.S.C. 

21 638(k)(1)(D)), by striking ‘‘section 34(d)’’ and 

22 inserting ‘‘section 33(d)’’; 

23 (C) in section 33 (15 U.S.C. 657d), as so 

24 redesignated— 


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1 (i) by striking ‘‘section 35’’ each place 

2 it appears and inserting ‘‘section 34’’; 

3 (ii) in subsection (a)— 

4 (I) in paragraph (2), by striking 

5 ‘‘section 35(c)(2)(B)’’ and inserting 

6 ‘‘section 34(c)(2)(B)’’; 

7 (II) in paragraph (4), by striking 

8 ‘‘section 35(c)(2)’’ and inserting ‘‘sec9 tion 34(c)(2)’’; and 

10 (III) in paragraph (5), by strik11 ing ‘‘section 35(c)’’ and inserting 

12 ‘‘section 34(c)’’; and 

13 (iii) in subsection (h)(2), by striking 

14 ‘‘section 35(d)’’ and inserting ‘‘section 

15 34(d)’’; 

16 (D) in section 34 (15 U.S.C. 657e), as so 

17 redesignated— 

18 (i) by striking ‘‘section 34’’ each place 

19 it appears and inserting ‘‘section 33’’; and 

20 (ii) in subsection (c)(1), by striking 

21 section ‘‘34(c)(1)(E)(ii)’’ and inserting sec22 tion ‘‘33(c)(1)(E)(ii)’’; 

23 (E) in section 36(d) (15 U.S.C. 657i(d)), 

24 as so redesignated, by striking ‘‘section 43’’ and 

25 inserting ‘‘section 42’’; 


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1 (F) in section 39(d) (15 U.S.C. 657l(d)), 

2 as so redesignated, by striking ‘‘section 43’’ and 

3 inserting ‘‘section 42’’; and 

4 (G) in section 40(b) (15 U.S.C. 657m(b)), 

5 as so redesignated, by striking ‘‘section 43’’ and 

6 inserting ‘‘section 42’’. 

7 (2) TITLE 10.—Section 1142(b)(13) of title 10, 

8 United States Code, is amended by striking ‘‘and 

9 the National Veterans Business Development Cor10 poration’’. 

11 (3) TITLE 38.—Section 3452(h) of title 38, 

12 United States Code, is amended by striking ‘‘any of 

13 the’’ and all that follows and inserting ‘‘any small 

14 business development center described in section 21 

15 of the Small Business Act (15 U.S.C. 648), insofar 

16 as such center offers, sponsors, or cosponsors an en17 trepreneurship course, as that term is defined in sec18 tion 3675(c)(2).’’. 

19 (4) FOOD, CONSERVATION, AND ENERGY ACT

20 OF 2008.—Section 12072(c)(2) of the Food, Con21 servation, and Energy Act of 2008 (15 U.S.C. 

22 636g(c)(2)) is amended by striking ‘‘section 43 of 

23 the Small Business Act, as added by this Act’’ and 

24 inserting ‘‘section 42 of the Small Business Act (15 

25 U.S.C. 657o)’’. 


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1 (5) VETERANS ENTREPRENEURSHIP AND

2 SMALL BUSINESS DEVELOPMENT ACT OF 1999.—Sec3 tion 203(c)(5) of the Veterans Entrepreneurship and 

4 Small Business Development Act of 1999 (15 U.S.C. 

5 657b note) is amended by striking ‘‘In cooperation 

6 with the National Veterans Business Development 

7 Corporation, develop’’ and inserting ‘‘Develop’’. 

8 TITLE V—ACCESS TO 

9 GOVERNMENT CONTRACTING 

10 Subtitle A—Bonds 

11 SEC. 511. REMOVAL OF SUNSET DATES FOR CERTAIN PRO12 VISIONS OF THE SMALL BUSINESS INVEST13 MENT ACT OF 1958. 

14 (a) MAXIMUM BOND AMOUNT.—Section 411(a)(1) of 

15 the Small Business Investment Act of 1958 (15 U.S.C. 

16 694b(a)(1)) is amended by striking ‘‘does not exceed’’ and 

17 all that follows and inserting ‘‘does not exceed 

18 $5,000,000.’’. 

19 (b) DENIAL OF LIABILITY.—Section 411(e)(2) of the 

20 Small Business Investment Act of 1958 (15 U.S.C. 

21 694b(e)(2)) is amended by striking ‘‘bonds exceeds’’ and 

22 all that follows and inserting ‘‘bonds exceeds 

23 $5,000,000,’’. 


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1 Subtitle B—Small Business 

2 Contracting Fraud Prevention 

3 SEC. 521. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Small Business 

5 Contracting Fraud Prevention Act of 2012’’. 

6 SEC. 522. DEFINITIONS. 

7 In this subtitle— 

8 (1) the term ‘‘8(a) program’’ means the pro9 gram under section 8(a) of the Small Business Act 

10 (15 U.S.C. 637(a)); 

11 (2) the terms ‘‘Administration’’ and ‘‘Adminis12 trator’’ mean the Small Business Administration 

13 and the Administrator thereof, respectively; 

14 (3) the terms ‘‘HUBZone’’ and ‘‘HUBZone 

15 small business concern’’ and ‘‘HUBZone map’’ have 

16 the meanings given those terms in section 3(p) of 

17 the Small Business Act (15 U.S.C. 632(p)), as 

18 amended by this Act; and 

19 (4) the term ‘‘recertification’’ means a deter20 mination by the Administrator that a business con21 cern that was previously determined to be a qualified 

22 HUBZone small business concern is a qualified 

23 HUBZone small business concern under section 

24 3(p)(5) of the Small Business Act (15 U.S.C. 

25 632(p)(5)). 


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1 SEC. 523. FRAUD DETERRENCE AT THE SMALL BUSINESS 

2 ADMINISTRATION. 

3 Section 16 of the Small Business Act (15 U.S.C. 645) 

4 is amended— 

5 (1) in subsection (d)— 

6 (A) in paragraph (1)— 

7 (i) in the matter preceding subpara8 graph (A), by striking ‘‘Whoever’’ and all 

9 that follows through ‘‘oneself or another’’ 

10 and inserting the following: ‘‘A person 

11 shall be subject to the penalties and rem12 edies described in paragraph (2) if the per13 son misrepresents the status of any con14 cern or person as a small business concern, 

15 a qualified HUBZone small business con16 cern, a small business concern owned and 

17 controlled by socially and economically dis18 advantaged individuals, a small business 

19 concern owned and controlled by women, 

20 or a small business concern owned and 

21 controlled by service-disabled veterans, in 

22 order to obtain for any person’’; 

23 (ii) by amending subparagraph (A) to 

24 read as follows: 


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1 ‘‘(A) prime contract, subcontract, grant, or co2 operative agreement to be awarded under subsection 

3 (a) or (m) of section 8, or section 9, 15, 31, or 35;’’; 

4 (iii) by striking subparagraph (B); 

5 (iv) by redesignating subparagraphs 

6 (C) and (D) as subparagraphs (B) and 

7 (C), respectively; and 

8 (v) in subparagraph (C), as so redes9 ignated, by striking ‘‘, shall be’’ and all 

10 that follows and inserting a period; 

11 (B) in paragraph (2)— 

12 (i) by redesignating subparagraphs 

13 (C) and (D) as subparagraphs (D) and 

14 (E), respectively; and 

15 (ii) by inserting after subparagraph 

16 (B) the following: 

17 ‘‘(C) be subject to the civil remedies under sub18 chapter III of chapter 37 of title 31, United States 

19 Code (commonly known as the ‘False Claims Act’);’’; 

20 and 

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

22 ‘‘(3)(A) In the case of a violation of paragraph (1)(A) 

23 or subsection (g) or (h), for purposes of a proceeding de24 scribed in subparagraph (A) or (C) of paragraph (2), the 

25 amount of the loss to the Federal Government or the damVerDate Mar 15 2010 00:34 Jul 27, 2012 Jkt 019200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S3442.IS S3442

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1 ages sustained by the Federal Government, as applicable, 

2 shall be an amount equal to the amount that the Federal 

3 Government paid to the person that received a contract, 

4 grant, or cooperative agreement described in paragraph 

5 (1)(A), (g), or (h), respectively. 

6 ‘‘(B) In the case of a violation of subparagraph (B) 

7 or (C) of paragraph (1), for the purpose of a proceeding 

8 described in subparagraph (A) or (C) of paragraph (2), 

9 the amount of the loss to the Federal Government or the 

10 damages sustained by the Federal Government, as appli11 cable, shall be an amount equal to the portion of any pay12 ment by the Federal Government under a prime contract 

13 that was used for a subcontract described in subparagraph 

14 (B) or (C) of paragraph (1), respectively. 

15 ‘‘(C) In a proceeding described in subparagraph (A) 

16 or (B), no credit shall be applied against any loss or dam17 ages to the Federal Government for the fair market value 

18 of the property or services provided to the Federal Govern19 ment.’’; 

20 (2) by striking subsection (e) and inserting the 

21 following: 

22 ‘‘(e) Any representation of the status of any concern 

23 or person as a small business concern, a HUBZone small 

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1 uals, a small business concern owned and controlled by 

2 women, or a small business concern owned and controlled 

3 by service-disabled veterans, in order to obtain any prime 

4 contract, subcontract, grant, or cooperative agreement de5 scribed in subsection (d)(1) shall be made in writing or 

6 through the Online Representations and Certifications Ap7 plication process required under section 4.1201 of the 

8 Federal Acquisition Regulation, or any successor there9 to.’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(g) A person shall be subject to the penalties and 

12 remedies described in subsection (d)(2) if the person mis13 represents the status of any concern or person as a small 

14 business concern, a qualified HUBZone small business 

15 concern, a small business concern owned and controlled 

16 by socially and economically disadvantaged individuals, a 

17 small business concern owned and controlled by women, 

18 or a small business concern owned and controlled by serv19 ice-disabled veterans— 

20 ‘‘(1) in order to allow any person to participate 

21 in any program of the Administration; or 

22 ‘‘(2) in relation to a protest of a contract award 

23 or proposed contract award made under regulations 

24 issued by the Administration. 


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1 ‘‘(h)(1) A person that submits a request for payment 

2 on a contract or subcontract that is awarded under sub3 section (a) or (m) of section 8, or section 9, 15, 31, or 

4 35, shall be deemed to have submitted a certification that 

5 the person complied with regulations issued by the Admin6 istration governing the percentage of work that the person 

7 is required to perform on the contract or subcontract, un8 less the person states, in writing, that the person did not 

9 comply with the regulations. 

10 ‘‘(2) A person shall be subject to the penalties and 

11 remedies described in subsection (d)(2) if the person— 

12 ‘‘(A) uses the services of a business other than 

13 the business awarded the contract or subcontract to 

14 perform a greater percentage of work under a con15 tract than is permitted by regulations issued by the 

16 Administration; or 

17 ‘‘(B) willfully participates in a scheme to cir18 cumvent regulations issued by the Administration 

19 governing the percentage of work that a contractor 

20 is required to perform on a contract.’’. 

21 SEC. 524. VETERANS INTEGRITY IN CONTRACTING. 

22 (a) DEFINITION.—Section 3(q)(1) of the Small Busi23 ness Act (15 U.S.C. 632(q)(1)) is amended by striking 

24 ‘‘means a veteran’’ and all that follows and inserting the 

25 following: ‘‘means— 


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1 ‘‘(A) a veteran with a service-connected 

2 disability rated by the Secretary of Veterans Af3 fairs as zero percent or more disabling; or 

4 ‘‘(B) a former member of the Armed 

5 Forces who is retired, separated, or placed on 

6 the temporary disability retired list for physical 

7 disability under chapter 61 of title 10, United 

8 States Code.’’. 

9 (b) VETERANS CONTRACTING.—Section 4 of the 

10 Small Business Act (15 U.S.C. 633), as amended by this 

11 Act, is amended by adding at the end the following: 

12 ‘‘(i) VETERAN STATUS.— 

13 ‘‘(1) IN GENERAL.—A business concern seeking 

14 status as a small business concern owned and con15 trolled by service-disabled veterans shall— 

16 ‘‘(A) submit an annual certification indi17 cating that the business concern is a small busi18 ness concern owned and controlled by service19 disabled veterans by means of the Online Rep20 resentations and Certifications Application 

21 process required under section 4.1201 of the 

22 Federal Acquisition Regulation, or any suc23 cessor thereto; and 

24 ‘‘(B) register with— 


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1 ‘‘(i) the Central Contractor Registra2 tion database maintained under subpart 

3 4.11 of the Federal Acquisition Regulation, 

4 or any successor thereto; and 

5 ‘‘(ii) the VetBiz database of the De6 partment of Veterans Affairs, or any suc7 cessor thereto. 

8 ‘‘(2) VERIFICATION OF STATUS.— 

9 ‘‘(A) VETERANS AFFAIRS.—The Secretary 

10 of Veterans Affairs shall determine whether a 

11 business concern registered with the VetBiz 

12 database of the Department of Veterans Af13 fairs, or any successor thereto, as a small busi14 ness concern owned and controlled by veterans 

15 or a small business concern owned and con16 trolled by service-disabled veterans is owned 

17 and controlled by a veteran or a service-disabled 

18 veteran, as the case may be. 

19 ‘‘(B) FEDERAL AGENCIES GENERALLY.— 

20 The head of each Federal agency shall— 

21 ‘‘(i) for a sole source contract award22 ed to a small business concern owned and 

23 controlled by service-disabled veterans or a 

24 contract awarded with competition re25 stricted to small business concerns owned 


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1 and controlled by service-disabled veterans 

2 under section 35, determine whether a 

3 business concern submitting a proposal for 

4 the contract is a small business concern 

5 owned and controlled by service-disabled 

6 veterans; and 

7 ‘‘(ii) use the VetBiz database of the 

8 Department of Veterans Affairs, or any 

9 successor thereto, in determining whether 

10 a business concern is a small business con11 cern owned and controlled by service-dis12 abled veterans. 

13 ‘‘(3) DEBARMENT AND SUSPENSION.—If the 

14 Administrator determines that a business concern 

15 knowingly and willfully misrepresented that the busi16 ness concern is a small business concern owned and 

17 controlled by service-disabled veterans, the Adminis18 trator may debar or suspend the business concern 

19 from contracting with the United States.’’. 

20 (c) INTEGRATION OF DATABASES.—The Adminis21 trator for Federal Procurement Policy and the Secretary 

22 of Veterans Affairs shall ensure that data is shared on 

23 an ongoing basis between the VetBiz database of the De24 partment of Veterans Affairs and the Central Contractor 


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1 Registration database maintained under subpart 4.11 of 

2 the Federal Acquisition Regulation. 

3 (d) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—The amendment made by 

5 subsection (b) and the requirements under sub6 section (c) shall take effect on the date on which the 

7 Secretary of Veterans Affairs (referred to in this 

8 subsection as the ‘‘Secretary’’) publishes in the Fed9 eral Register a determination that the Department 

10 of Veterans Affairs has the necessary resources and 

11 capacity to carry out the additional responsibility of 

12 determining whether small business concerns reg13 istered with the VetBiz database of the Department 

14 of Veterans Affairs are owned and controlled by a 

15 veteran or a service-disabled veteran, as the case 

16 may be, in accordance with subsection (i) of section 

17 4 of the Small Business Act (15 U.S.C. 633), as 

18 added by subsection (b). 

19 (2) TIMELINE.—If the Secretary determines 

20 that the Secretary is not able to publish the deter21 mination under paragraph (1) before the date that 

22 is 1 year after the date of enactment of this Act, the 

23 Secretary shall, not later than 1 year after the date 

24 of enactment of this Act, submit a report containing 

25 an estimate of the date on which the Secretary will 


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1 publish the determination under paragraph (1) to 

2 the Committee on Small Business and Entrepre3 neurship and the Committee on Veterans’ Affairs of 

4 the Senate and the Committee on Small Business 

5 and the Committee on Veterans’ Affairs of the 

6 House of Representatives. 

7 SEC. 525. SECTION 8(a) PROGRAM IMPROVEMENTS. 

8 (a) REVIEW OF EFFECTIVENESS.—Section 8(a) of 

9 the Small Business Act (15 U.S.C. 637(a)) is amended 

10 by adding at the end the following: 

11 ‘‘(22) Not later than 3 years after the date of enact12 ment of this paragraph, and every 3 years thereafter, the 

13 Comptroller General of the United States shall— 

14 ‘‘(A) conduct an evaluation of the effectiveness 

15 of the program under this subsection, including an 

16 examination of— 

17 ‘‘(i) the number and size of contracts ap18 plied for, as compared to the number received 

19 by, small business concerns after successfully 

20 completing the program; 

21 ‘‘(ii) the percentage of small business con22 cerns that continue to operate during the 3-year 

23 period beginning on the date on which the small 

24 business concerns successfully complete the pro25 gram; 


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1 ‘‘(iii) whether the business of small busi2 ness concerns increases during the 3-year pe3 riod beginning on the date on which the small 

4 business concerns successfully complete the pro5 gram; and 

6 ‘‘(iv) the number of training sessions of7 fered under the program; and 

8 ‘‘(B) submit to the Committee on Small Busi9 ness and Entrepreneurship of the Senate and the 

10 Committee on Small Business of the House of Rep11 resentatives a report regarding each evaluation 

12 under subparagraph (A).’’. 

13 (b) OTHER IMPROVEMENTS.—In order to improve 

14 the 8(a) program, the Administrator shall— 

15 (1) not later than 90 days after the date of en16 actment of this Act, begin to— 

17 (A) evaluate the feasibility of— 

18 (i) using additional third-party data 

19 sources; 

20 (ii) making unannounced visits of 

21 sites that are selected randomly or using 

22 risk-based criteria; 

23 (iii) using fraud detection tools, in24 cluding data-mining techniques; and 


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1 (iv) conducting financial and analyt2 ical training for the business opportunity 

3 specialists of the Administration; 

4 (B) evaluate the feasibility and advisability 

5 of amending regulations applicable to the 8(a) 

6 program to require that calculations of the ad7 justed net worth or total assets of an individual 

8 include assets held by the spouse of the indi9 vidual; and 

10 (C) develop a more consistent enforcement 

11 strategy that includes the suspension or debar12 ment of contractors that knowingly make mis13 representations in order to qualify for the 8(a) 

14 program; and 

15 (2) not later than 1 year after the date on 

16 which the Comptroller General submits the report 

17 under section 8(a)(22)(B) of the Small Business 

18 Act, as added by subsection (c), issue, in final form, 

19 proposed regulations of the Administration that— 

20 (A) determine the economic disadvantage 

21 of a participant in the 8(a) program based on 

22 the income and asset levels of the participant at 

23 the time of application and annual recertifi24 cation for the 8(a) program; and 


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1 (B) limit the ability of a small business 

2 concern to participate in the 8(a) program if an 

3 immediate family member of an owner of the 

4 small business concern is, or has been, a partic5 ipant in the 8(a) program, in the same indus6 try. 

7 SEC. 526. HUBZONE IMPROVEMENTS. 

8 (a) PURPOSE.—The purpose of this section is to re9 form and improve the HUBZone program of the Adminis10 tration. 

11 (b) IN GENERAL.—The Administrator shall— 

12 (1) ensure the HUBZone map is— 

13 (A) accurate and up-to-date; and 

14 (B) revised as new data is made available 

15 to maintain the accuracy and currency of the 

16 HUBZone map; 

17 (2) implement policies for ensuring that only 

18 HUBZone small business concerns determined to be 

19 qualified under section 3(p)(5) of the Small Busi20 ness Act (15 U.S.C. 632(p)(5)) are participating in 

21 the HUBZone program, including through the ap22 propriate use of technology to control costs and 

23 maximize, among other benefits, uniformity, com24 pleteness, simplicity, and efficiency; 


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1 (3) submit to the Committee on Small Business 

2 and Entrepreneurship of the Senate and the Com3 mittee on Small Business of the House of Rep4 resentatives a report regarding any application to be 

5 designated as a HUBZone small business concern or 

6 for recertification for which the Administrator has 

7 not made a determination as of the date that is 60 

8 days after the date on which the application was 

9 submitted or initiated, which shall include a plan 

10 and timetable for ensuring the timely processing of 

11 the applications; and 

12 (4) develop measures and implement plans to 

13 assess the effectiveness of the HUBZone program 

14 that— 

15 (A) require the identification of a baseline 

16 point in time to allow the assessment of eco17 nomic development under the HUBZone pro18 gram, including creating additional jobs; and 

19 (B) take into account— 

20 (i) the economic characteristics of the 

21 HUBZone; and 

22 (ii) contracts being counted under 

23 multiple socioeconomic subcategories. 

24 (c) EMPLOYMENT PERCENTAGE.—Section 3(p) of the 

25 Small Business Act (15 U.S.C. 632(p)) is amended— 


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1 (1) in paragraph (5), by adding at the end the 

2 following: 

3 ‘‘(E) EMPLOYMENT PERCENTAGE DURING

4 INTERIM PERIOD.— 

5 ‘‘(i) DEFINITION.—In this subpara6 graph, the term ‘interim period’ means the 

7 period beginning on the date on which the 

8 Administrator determines that a HUBZone 

9 small business concern is qualified under 

10 subparagraph (A) and ending on the day 

11 before the date on which a contract under 

12 the HUBZone program for which the 

13 HUBZone small business concern submits 

14 a bid is awarded. 

15 ‘‘(ii) INTERIM PERIOD.—During the 

16 interim period, the Administrator may not 

17 determine that the HUBZone small busi18 ness is not qualified under subparagraph 

19 (A) based on a failure to meet the applica20 ble employment percentage under subpara21 graph (A)(i)(I), unless the HUBZone small 

22 business concern— 

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1 centage under subparagraph (A)(i)(I); 

2 or 

3 ‘‘(II) does not meet the applica4 ble employment percentage— 

5 ‘‘(aa) on the date on which 

6 the HUBZone small business 

7 concern submits a bid for a con8 tract under the HUBZone pro9 gram; or 

10 ‘‘(bb) on the date on which 

11 the HUBZone small business 

12 concern is awarded a contract 

13 under the HUBZone program.’’; 

14 and 

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

16 ‘‘(8) HUBZONE PROGRAM.—The term 

17 ‘HUBZone program’ means the program established 

18 under section 31. 

19 ‘‘(9) HUBZONE MAP.—The term ‘HUBZone 

20 map’ means the map used by the Administration to 

21 identify HUBZones.’’. 

22 (d) REDESIGNATED AREAS.—Section 3(p)(4)(C)(i) of 

23 the Small Business Act (15 U.S.C. 632(p)(4)(C)(i)) is 

24 amended to read as follows: 


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1 ‘‘(i) 3 years after the first date on 

2 which the Administrator publishes a 

3 HUBZone map that is based on the results 

4 from the 2010 decennial census; or’’. 

5 SEC. 527. ANNUAL REPORT ON SUSPENSION, DEBARMENT, 

6 AND PROSECUTION. 

7 The Administrator shall submit an annual report to 

8 the Committee on Small Business and Entrepreneurship 

9 of the Senate and the Committee on Small Business of 

10 the House of Representatives that contains— 

11 (1) the number of debarments from participa12 tion in programs of the Administration issued by the 

13 Administrator during the 1-year period preceding 

14 the date of the report, including— 

15 (A) the number of debarments that were 

16 based on a conviction; and 

17 (B) the number of debarments that were 

18 fact-based and did not involve a conviction; 

19 (2) the number of suspensions from participa20 tion in programs of the Administration issued by the 

21 Administrator during the 1-year period preceding 

22 the date of the report, including— 

23 (A) the number of suspensions issued that 

24 were based upon indictments; and 


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1 (B) the number of suspensions issued that 

2 were fact-based and did not involve an indict3 ment; 

4 (3) the number of suspension and debarments 

5 issued by the Administrator during the 1-year period 

6 preceding the date of the report that were based 

7 upon referrals from offices of the Administration, 

8 other than the Office of Inspector General; 

9 (4) the number of suspension and debarments 

10 issued by the Administrator during the 1-year period 

11 preceding the date of the report based upon referrals 

12 from the Office of Inspector General; and 

13 (5) the number of persons that the Adminis14 trator declined to debar or suspend after a referral 

15 described in paragraph (8), and the reason for each 

16 such decision. 

17 Subtitle C—Fairness in Women18 Owned Small Business Contracting 

19 SEC. 531. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Fairness in 

21 Women-Owned Small Business Contracting Act of 2012’’. 

22 SEC. 532. PROCUREMENT PROGRAM FOR WOMEN-OWNED 

23 SMALL BUSINESS CONCERNS. 

24 Section 8(m) of the Small Business Act (15 U.S.C. 

25 637(m)) is amended— 


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1 (1) in paragraph (2)— 

2 (A) in subparagraph (A), by striking ‘‘who 

3 are economically disadvantaged’’; 

4 (B) in subparagraph (C), by striking 

5 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

6 (4)’’; 

7 (C) by striking subparagraph (D); and 

8 (D) by redesignating subparagraphs (E) 

9 and (F) as subparagraphs (D) and (E), respec10 tively; and 

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

12 ‘‘(7) SOLE SOURCE CONTRACTS.—A contracting 

13 officer may award a sole source contract under this 

14 subsection to a small business concern owned and 

15 controlled by women under the same conditions as a 

16 sole source contract may be awarded to a qualified 

17 HUBZone small business concern under section 

18 31(b)(2)(A).’’. 

19 SEC. 533. STUDY AND REPORT ON REPRESENTATION OF 

20 WOMEN. 

21 Section 29 of the Small Business Act (15 U.S.C. 

22 656), as amended by section 424 of this Act, is amended 

23 by adding at the end the following: 

24 ‘‘(n) STUDY AND REPORT ON REPRESENTATION OF

25 WOMEN.— 


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1 ‘‘(1) STUDY.—The Administrator shall periodi2 cally conduct a study to identify any United States 

3 industry, as defined under the North American In4 dustry Classification System, in which women are 

5 underrepresented. 

6 ‘‘(2) REPORT.—Not later than 5 years after the 

7 date of enactment of this subsection, and every 5 

8 years thereafter, the Administrator shall submit to 

9 the Committee on Small Business and Entrepre10 neurship of the Senate and the Committee on Small 

11 Business of the House of Representatives a report 

12 on the results of each study under paragraph (1) 

13 conducted during the 5-year period ending on the 

14 date of the report.’’. 

15 Subtitle D—Small Business 

16 Champion 

17 SEC. 541. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘Small Business 

19 Champion Act of 2012’’. 

20 SEC. 542. OFFICES OF SMALL AND DISADVANTAGED BUSI21 NESS UTILIZATION. 

22 (a) APPOINTMENT AND POSITION OF DIRECTOR.— 

23 Section 15(k)(2) of the Small Business Act (15 U.S.C. 

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1 tive Service position (as such term is defined under section 

2 3132(a) of title 5, United States Code), except that, for 

3 any agency in which the positions of Chief Acquisition Of4 ficer and senior procurement executive (as such terms are 

5 defined under section 43(a) of this Act) are not Senior 

6 Executive Service positions, the Director of Small and Dis7 advantaged Business Utilization may be appointed to a 

8 position compensated at not less than the minimum rate 

9 of basic pay payable for grade GS–15 of the General 

10 Schedule under section 5332 of such title (including com11 parability payments under section 5304 of such title);’’. 

12 (b) PERFORMANCE APPRAISALS.—Section 15(k)(3) 

13 of the Small Business Act (15 U.S.C. 644(k)(3)) is 

14 amended— 

15 (1) by striking ‘‘be responsible only to, and re16 port directly to, the head’’ and inserting ‘‘shall be 

17 responsible only to (including with respect to per18 formance appraisals), and report directly and exclu19 sively to, the head’’; and 

20 (2) by striking ‘‘be responsible only to, and re21 port directly to, such Secretary’’ and inserting ‘‘be 

22 responsible only to (including with respect to per23 formance appraisals), and report directly and exclu24 sively to, such Secretary’’. 


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1 (c) SMALL BUSINESS TECHNICAL ADVISERS.—Sec2 tion 15(k)(8)(B) of the Small Business Act (15 U.S.C. 

3 644(k)(8)(B)) is amended by striking ‘‘and 15 of this 

4 Act,’’ and inserting ‘‘, 15, and 43 of this Act;’’. 

5 (d) ADDITIONAL REQUIREMENTS.—Section 15(k) of 

6 the Small Business Act (15 U.S.C. 644(k)) is amended 

7 by inserting after paragraph (10) the following: 

8 ‘‘(11) shall review and advise such agency on 

9 any decision to convert an activity performed by a 

10 small business concern to an activity performed by 

11 a Federal employee; 

12 ‘‘(12) shall provide to the Chief Acquisition Of13 ficer and senior procurement executive of such agen14 cy advice and comments on acquisition strategies, 

15 market research, and justifications related to section 

16 43 of this Act; 

17 ‘‘(13) may provide training to small business 

18 concerns and contract specialists, except that such 

19 training may only be provided to the extent that the 

20 training does not interfere with the Director car21 rying out other responsibilities under this subsection; 

22 ‘‘(14) shall carry out exclusively the duties enu23 merated in this Act, and shall, while the Director, 

24 not hold any other title, position, or responsibility, 


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1 except as necessary to carry out responsibilities 

2 under this subsection; 

3 ‘‘(15) shall submit, each fiscal year, to the 

4 Committee on Small Business of the House of Rep5 resentatives and the Committee on Small Business 

6 and Entrepreneurship of the Senate a report de7 scribing— 

8 ‘‘(A) the training provided by the Director 

9 under paragraph (13) in the most recently com10 pleted fiscal year; 

11 ‘‘(B) the percentage of the budget of the 

12 Director used for such training in the most re13 cently completed fiscal year; and 

14 ‘‘(C) the percentage of the budget of the 

15 Director used for travel in the most recently 

16 completed fiscal year; and 

17 ‘‘(16) shall have not less than 10 years of rel18 evant procurement experience.’’. 

19 (e) TECHNICAL AMENDMENTS.—Section 15(k) of the 

20 Small Business Act (15 U.S.C. 644(k)), as amended by 

21 subsection (d), is further amended— 

22 (1) in the matter preceding paragraph (1) by 

23 striking ‘‘who shall’’ and inserting ‘‘who’’; 

24 (2) in paragraph (1)— 


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1 (A) by striking ‘‘be known’’ and inserting 

2 ‘‘shall be known’’; and 

3 (B) by striking ‘‘such agency,’’ and insert4 ing ‘‘such agency;’’; 

5 (3) in paragraph (2) by striking ‘‘be appointed 

6 by’’ and inserting ‘‘shall be appointed by’’; 

7 (4) in paragraph (3)— 

8 (A) by striking ‘‘director’’ and inserting 

9 ‘‘Director’’; and 

10 (B) by striking ‘‘Secretary’s designee,’’ and 

11 inserting ‘‘Secretary’s designee;’’; 

12 (5) in paragraph (4)— 

13 (A) by striking ‘‘be responsible’’ and in14 serting ‘‘shall be responsible’’; and 

15 (B) by striking ‘‘such agency,’’ and insert16 ing ‘‘such agency;’’; 

17 (6) in paragraph (5) by striking ‘‘identify pro18 posed’’ and inserting ‘‘shall identify proposed’’; 

19 (7) in paragraph (6) by striking ‘‘assist small’’ 

20 and inserting ‘‘shall assist small’’; 

21 (8) in paragraph (7)— 

22 (A) by striking ‘‘have supervisory’’ and in23 serting ‘‘shall have supervisory’’; and 

24 (B) by striking ‘‘this Act,’’ and inserting 

25 ‘‘this Act;’’; 


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1 (9) in paragraph (8)— 

2 (A) by striking ‘‘assign a’’ and inserting 

3 ‘‘shall assign a’’; and 

4 (B) by striking ‘‘the activity, and’’ and in5 serting ‘‘the activity; and’’; 

6 (10) in paragraph (9)— 

7 (A) by striking ‘‘cooperate, and’’ and in8 serting ‘‘shall cooperate, and’’; and 

9 (B) by striking ‘‘subsection, and’’ and in10 serting ‘‘subsection;’’; and 

11 (11) in paragraph (10)— 

12 (A) by striking ‘‘make recommendations’’ 

13 and inserting ‘‘shall make recommendations’’; 

14 (B) by striking ‘‘subsection (a), or section’’ 

15 and inserting ‘‘subsection (a), section’’; 

16 (C) by striking ‘‘Act or section 2323’’ and 

17 inserting ‘‘Act, or section 2323’’; 

18 (D) by striking ‘‘Code. Such recommenda19 tions shall’’ and inserting ‘‘Code, which shall’’; 

20 and 

21 (E) by striking ‘‘contract file.’’ and insert22 ing ‘‘contract file;’’. 


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1 SEC. 543. SMALL BUSINESS PROCUREMENT ADVISORY 

2 COUNCIL. 

3 (a) DUTIES.—Section 7104(b) of the Federal Acqui4 sition Streamlining Act of 1994 (15 U.S.C. 644 note) is 

5 amended— 

6 (1) in paragraph (1) by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (2) by striking ‘‘authorities.’’ 

9 and inserting ‘‘authorities;’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(3) to conduct reviews of each Office of Small 

12 and Disadvantaged Business Utilization established 

13 under section 15(k) of the Small Business Act (15 

14 U.S.C. 644(k)) to determine the compliance of each 

15 Office with requirements under such section; 

16 ‘‘(4) to identify best practices for maximizing 

17 small business utilization in Federal contracting that 

18 may be implemented by Federal agencies having pro19 curement powers; and 

20 ‘‘(5) to submit, annually, to the Committee on 

21 Small Business of the House of Representatives and 

22 the Committee on Small Business and Entrepre23 neurship of the Senate a report describing— 

24 ‘‘(A) the comments submitted under para25 graph (2) during the 1-year period ending on 


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1 the date on which the report is submitted, in2 cluding any outcomes related to the comments; 

3 ‘‘(B) the results of reviews conducted 

4 under paragraph (3) during such 1-year period; 

5 and 

6 ‘‘(C) best practices identified under para7 graph (4) during such 1-year period.’’. 

8 (b) MEMBERSHIP.—Section 7104(c) of the Federal 

9 Acquisition Streamlining Act of 1994 (15 U.S.C. 644 

10 note) is amended by striking ‘‘(established under section 

11 15(k) of the Small Business Act (15 U.S.C. 644(k))’’. 

12 (c) CHAIRMAN.—Section 7104(d) of the Federal Ac13 quisition Streamlining Act of 1994 (15 U.S.C. 644 note) 

14 is amended by inserting after ‘‘Small Business Adminis15 tration’’ the following: ‘‘(or the designee of the Adminis16 trator)’’. 

17 TITLE VI—TRANSPARENCY, AC18 COUNTABILITY, AND EFFEC19 TIVENESS 

20 Subtitle A—Small Business 

21 Common Application 

22 SEC. 611. DEFINITIONS. 

23 In this subtitle— 


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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 ‘‘Executive agency’’ has the mean5 ing given that term under section 105 of title 5, 

6 United States Code; 

7 (3) the term ‘‘Executive Committee’’ means the 

8 Executive Committee on a Small Business Common 

9 Application established under section 613(a); and 

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

11 meaning given that term under section 3 of the 

12 Small Business Act (15 U.S.C. 632). 

13 SEC. 612. SENSE OF CONGRESS. 

14 It is the sense of Congress that Executive agencies 

15 should— 

16 (1) reduce paperwork burdens on small business 

17 concerns pursuant to section 3501 of title 44, 

18 United States Code; 

19 (2) maximize the ability of small business con20 cerns to use common applications, where practicable, 

21 and use consolidated web portals to interact with 

22 Executive agencies; 

23 (3) maintain high standards for data privacy 

24 and security; 


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1 (4) increase the degree and ease of information 

2 sharing and coordination among programs serving 

3 small business concerns that are carried out by Ex4 ecutive agencies, including State and local offices of 

5 Executive agencies; and 

6 (5) minimize redundancy in the administration 

7 of programs that can utilize common applications, 

8 where practicable, and consolidated web portals. 

9 SEC. 613. EXECUTIVE COMMITTEE ON A SMALL BUSINESS 

10 COMMON APPLICATION. 

11 (a) ESTABLISHMENT.—There is established in the 

12 Administration an Executive Committee on a Small Busi13 ness Common Application, which shall make recommenda14 tions regarding the establishment, if practicable, of a small 

15 business common application and web portal. 

16 (b) MEMBERSHIP.— 

17 (1) IN GENERAL.—The members of the Execu18 tive Committee shall consist of— 

19 (A) the Administrator; 

20 (B) the Assistant Secretary of Commerce 

21 for Economic Development; and 

22 (C) 1 senior officer or employee having 

23 policy and technical expertise appointed by each 

24 of— 


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1 (i) the Administrator of the General 

2 Services Administration; 

3 (ii) the Director of the National Insti4 tutes of Health; 

5 (iii) the Director of the National 

6 Science Foundation; 

7 (iv) the President of the Export-Im8 port Bank; 

9 (v) the Secretary of Agriculture; 

10 (vi) the Secretary of Defense; 

11 (vii) the Secretary of Health and 

12 Human Services; 

13 (viii) the Secretary of Labor; 

14 (ix) the Secretary of State; 

15 (x) the Secretary of the Treasury; and 

16 (xi) the Secretary of Veterans Affairs. 

17 (2) CHAIRPERSON.—The Administrator shall 

18 serve as chairperson of the Executive Committee. 

19 (3) PERIOD OF APPOINTMENT.—Members of 

20 the Executive Committee shall be appointed for a 

21 term of 1 year. 

22 (4) VACANCIES.—A vacancy in the Executive 

23 Committee shall be filled in the same manner as the 

24 original appointment, not later than 30 days after 

25 the date on which the vacancy occurs. 


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1 (c) MEETINGS.— 

2 (1) IN GENERAL.—The Executive Committee 

3 shall meet at the call of the chairperson of the Exec4 utive Committee. 

5 (2) QUORUM.—A majority of the members of 

6 the Executive Committee shall constitute a quorum. 

7 (3) FIRST MEETING.—The first meeting of the 

8 Executive Committee shall take place not later than 

9 30 days after the date of enactment of this subtitle. 

10 (4) PUBLIC MEETING.—The Executive Com11 mittee shall hold at least 1 public meeting before the 

12 date described in subsection (d)(1) to receive com13 ments from small business concerns and other inter14 ested parties. 

15 (d) DUTIES.— 

16 (1) RECOMMENDATIONS.—Not later than 270 

17 days after the date of enactment of this Act, upon 

18 a vote of the majority of members of the Executive 

19 Committee then serving, the Executive Committee 

20 shall submit to the Administrator recommendations 

21 relating to the feasibility of establishing a small 

22 business common application and web portal in 

23 order to meet the goals described in section 612. 

24 (2) TRANSMISSION TO EXECUTIVE AGENCIES.— 

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1 ecutive agency a complete copy of the recommenda2 tions submitted under paragraph (1). 

3 (3) TRANSMISSION TO CONGRESS.—The Execu4 tive Committee shall transmit to each relevant com5 mittee of Congress a complete copy of the rec6 ommendations submitted under paragraph (1). 

7 (4) RECOMMENDATIONS BY EXECUTIVE AGEN8 CIES.—Not later than 30 days after the date on 

9 which the Executive Committee transmits rec10 ommendations to the Executive agency under para11 graph (2), each Executive agency that provides Fed12 eral assistance to small business concerns shall sub13 mit to Congress recommendations, if any, for legisla14 tive changes necessary for the Executive agency to 

15 carry out the recommendations under paragraph (1). 

16 (e) PERSONNEL MATTERS.— 

17 (1) COMPENSATION OF MEMBERS.—The mem18 bers of the Executive Committee shall serve without 

19 compensation in addition to that received for their 

20 services as officers or employees of the United 

21 States. 

22 (2) DETAIL OF EMPLOYEES.—The Adminis23 trator may detail to the Executive Committee any 

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1 tion, and such detail shall be without interruption or 

2 loss of civil service status or privilege. 

3 (f) FEDERAL ADVISORY COMMITTEE ACT.—Section 

4 14 of the Federal Advisory Committee Act (5 U.S.C. 

5 App.) shall not apply with respect to the Executive Com6 mittee. 

7 SEC. 614. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated to the Ad9 ministrator such sums as may be necessary to carry out 

10 this subtitle. 

11 Subtitle B—Government 

12 Accountability Office Review 

13 SEC. 621. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW. 

14 Not later than 2 years after the date of enactment 

15 of this Act, the Comptroller General of the United States 

16 shall submit a report to the Committee on Small Business 

17 and Entrepreneurship of the Senate and the Committee 

18 on Small Business of the House of Representatives that 

19 evaluates the status of the programs authorized under this 

20 Act and the amendments made by this Act, including the 

21 extent to which such programs have been funded and im22 plemented and have contributed to promoting job creation 

23 among small business concerns. 

Æ 


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