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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3572 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3572

  To amend the Internal Revenue Code of 1986, title 5, United States 
Code, the Small Business Act, and the Small Business Investment Act of 
 1958 to provide certainty for small business concerns, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2012

   Ms. Snowe introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986, title 5, United States 
Code, the Small Business Act, and the Small Business Investment Act of 
 1958 to provide certainty for small business concerns, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring Tax and Regulatory 
Certainty to Small Businesses Act of 2012''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                 TITLE I--SMALL BUSINESS TAX EXTENDERS

Sec. 101. References.
Sec. 102. Extension of temporary exclusion of 100 percent of gain on 
                            certain small business stock.
Sec. 103. Extension of alternative minimum tax rules for general 
                            business credits of eligible small 
                            businesses.
Sec. 104. Extension of 5-year carryback of general business credits of 
                            eligible small businesses.
Sec. 105. Extension of reduction in S-corp recognition period for 
                            built-in gains tax.
Sec. 106. Extension of increased expensing limitations and treatment of 
                            certain real property as section 179 
                            property.
Sec. 107. Extension of special rule for long-term contract accounting.
Sec. 108. Extension of increased amount allowed as a deduction for 
                            start-up expenditures.
Sec. 109. Extension of allowance of deduction for health insurance in 
                            computing self-employment taxes.
                      TITLE II--REGULATORY RELIEF

Sec. 201. Findings.
Sec. 202. Including indirect economic impact in small entity analyses.
Sec. 203. Judicial review to allow small entities to challenge proposed 
                            regulations.
Sec. 204. Periodic review.
Sec. 205. Requiring small business review panels for additional 
                            agencies.
Sec. 206. Expanding the Regulatory Flexibility Act to agency guidance 
                            documents.
Sec. 207. Requiring the Internal Revenue Service to consider small 
                            entity impact.
Sec. 208. Reporting on enforcement actions relating to small entities.
Sec. 209. Requiring more detailed small entity analyses.
Sec. 210. Ensuring that agencies consider small entity impact during 
                            the rulemaking process.
Sec. 211. Additional powers of the Office of Advocacy.
Sec. 212. Technical and conforming amendments.
Sec. 213. Regulatory transparency reporting.
                      TITLE III--ACCESS TO CAPITAL

  Subtitle A--Expanding Access to Capital for Entrepreneurial Leaders

Sec. 311. Short title.
Sec. 312. Program authorization.
Sec. 313. Family of funds.
Sec. 314. Adjustment for inflation.
Sec. 315. Public availability of information.
Sec. 316. Authorized uses of licensing fees.
Sec. 317. Sense of Congress.
                  Subtitle B--Low-Interest Refinancing

Sec. 321. Low-interest refinancing under the local development business 
                            loan program.
                   TITLE IV--ENTREPRENEURIAL SUPPORT

      Subtitle A--Measuring the Effectiveness of Resource Partners

Sec. 411. Expanding entrepreneurship.
              Subtitle B--Women's Small Business Ownership

Sec. 421. Short title.
Sec. 422. Definition.
Sec. 423. Office of Women's Business Ownership.
Sec. 424. Women's Business Center Program.
Sec. 425. Study and report on economic issues facing women's business 
                            centers.
Sec. 426. Study and report on oversight of women's business centers.
 Subtitle C--Strengthening America's Small Business Development Centers

Sec. 431. Institutions of higher education.
Sec. 432. Updating funding levels for small business development 
                            centers.
Sec. 433. Assistance to out-of-state small businesses.
Sec. 434. Termination of small business development center defense 
                            economic transition assistance.
Sec. 435. National Small Business Development Center Advisory Board.
Sec. 436. Repeal of Paul D. Coverdell drug-free workplace program.
  Subtitle D--Terminating the National Veterans Business Development 
                              Corporation

Sec. 441. National Veterans Business Development Corporation.
             Subtitle E--Expanding Women's Entrepreneurship

Sec. 451. Definitions.
Sec. 452. National Women's High-Growth Business Bipartisan Task Force.
Sec. 453. Repeal.
           Subtitle F--Improving Mentoring for Entrepreneurs

Sec. 461. Definitions.
Sec. 462. Establishment of Advisory Board.
Sec. 463. Duties of the SCORE Advisory Board.
Sec. 464. Powers of the SCORE Advisory Board.
Sec. 465. SCORE Advisory Board personnel matters.
Sec. 466. Inapplicability of the Federal Advisory Committee Act to the 
                            SCORE Advisory Board.
Sec. 467. Funding.
Sec. 468. Reauthorization.
Sec. 469. Chief executive officer of SCORE.
Sec. 470. Allocation committee.
Sec. 471. Allocation of amounts.
Sec. 472. GAO study and report.
               TITLE V--ACCESS TO GOVERNMENT CONTRACTING

                           Subtitle A--Bonds

Sec. 511. Removal of sunset dates for certain provisions of the Small 
                            Business Investment Act of 1958.
        Subtitle B--Small Business Contracting Fraud Prevention

Sec. 521. Short title.
Sec. 522. Definitions.
Sec. 523. Fraud deterrence at the Small Business Administration.
Sec. 524. Veterans integrity in contracting.
Sec. 525. Section 8(a) program improvements.
Sec. 526. HUBZone improvements.
Sec. 527. Annual report on suspension, debarment, and prosecution.
     Subtitle C--Fairness in Women-Owned Small Business Contracting

Sec. 531. Short title.
Sec. 532. Procurement program for women-owned small business concerns.
Sec. 533. Study and report on representation of women.
                  Subtitle D--Small Business Champion

Sec. 541. Short title.
Sec. 542. Offices of Small and Disadvantaged Business Utilization.
Sec. 543. Small Business Procurement Advisory Council.
                        Subtitle E--Subcontracts

Sec. 551. Subcontracts awarded by Federally Funded Research and 
                            Development Centers.

                 TITLE I--SMALL BUSINESS TAX EXTENDERS

SEC. 101. REFERENCES.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Internal Revenue Code of 
1986.

SEC. 102. EXTENSION OF TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON 
              CERTAIN SMALL BUSINESS STOCK.

    (a) In General.--Paragraph (4) of section 1202(a) is amended--
            (1) by striking ``January 1, 2012'' and inserting ``January 
        1, 2014'', and
            (2) by striking ``and 2011'' and inserting ``, 2011, 2012, 
        and 2013'' in the heading thereof.
    (b) Technical Amendments.--
            (1) Special rule for 2009 and certain period in 2010.--
        Paragraph (3) of section 1202(a) is amended by adding at the 
        end the following new flush sentence:
        ``In the case of any stock which would be described in the 
        preceding sentence (but for this sentence), the acquisition 
        date for purposes of this subsection shall be the first day on 
        which such stock was held by the taxpayer determined after the 
        application of section 1223.''.
            (2) 100 percent exclusion.--Paragraph (4) of section 
        1202(a) is amended by adding at the end the following new flush 
        sentence:
        ``In the case of any stock which would be described in the 
        preceding sentence (but for this sentence), the acquisition 
        date for purposes of this subsection shall be the first day on 
        which such stock was held by the taxpayer determined after the 
        application of section 1223.''.
    (c) Effective Dates.--
            (1) In general.--The amendments made by subsection (a) 
        shall apply to stock acquired after December 31, 2011.
            (2) Subsection (b)(1).--The amendment made by subsection 
        (b)(1) shall take effect as if included in section 1241(a) of 
        division B of the American Recovery and Reinvestment Act of 
        2009.
            (3) Subsection (b)(2).--The amendment made by subsection 
        (b)(2) shall take effect as if included in section 2011(a) of 
        the Creating Small Business Jobs Act of 2010.

SEC. 103. EXTENSION OF ALTERNATIVE MINIMUM TAX RULES FOR GENERAL 
              BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES.

    (a) In General.--Subparagraph (A) of section 38(c)(5) is amended by 
inserting ``, 2011, or 2012'' after ``2010''.
    (b) Technical Amendment.--Section 38(c)(5)(B) is amended--
            (1) by striking ``the sum of'', and
            (2) by inserting ``for any taxable year to which 
        subparagraph (A) applies'' after ``or (4)''.
    (c) Effective Dates.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to credits determined in taxable years beginning after 
        December 31, 2010, and to carrybacks of such credits.
            (2) Technical amendments.--The amendments made by 
        subsection (b) shall take effect as if included in section 
        2013(a) of the Creating Small Business Jobs Act of 2010.

SEC. 104. EXTENSION OF 5-YEAR CARRYBACK OF GENERAL BUSINESS CREDITS OF 
              ELIGIBLE SMALL BUSINESSES.

    (a) In General.--Subparagraph (A) of section 39(a)(4) is amended by 
inserting ``or in taxable years beginning in 2011, 2012, or 2013'' 
after ``2010''.
    (b) Effective Date.--The amendment made by this section shall apply 
to credits determined in taxable years beginning after December 31, 
2010.

SEC. 105. EXTENSION OF REDUCTION IN S-CORP RECOGNITION PERIOD FOR 
              BUILT-IN GAINS TAX.

    (a) In General.--Paragraph (7) of section 1374(d) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D), 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Special rule for 2012 and 2013.--For 
                dispositions of property in taxable years beginning in 
                2012 or 2013, subparagraphs (A) and (D) shall be 
                applied by substituting `5-year' for `10-year'.''.
    (b) Technical Amendment.--Subparagraph (B) of section 1374(d)(2) is 
amended by inserting ``described in subparagraph (A)'' after ``, for 
any taxable year''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
apply to taxable years beginning after December 31, 2011.

SEC. 106. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND TREATMENT OF 
              CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY.

    (a) In General.--Section 179(b) is amended--
            (1) by striking ``2010 or 2011'' each place it appears in 
        paragraph (1)(B) and (2)(B) and inserting ``2010, 2011, 2012, 
        or 2013'',
            (2) by striking ``2012'' each place it appears in paragraph 
        (1)(C) and (2)(C) and inserting ``2014'', and
            (3) by striking ``2012'' each place it appears in paragraph 
        (1)(D) and (2)(D) and inserting ``2014''.
    (b) Inflation Adjustment.--Subparagraph (A) of section 179(b)(6) is 
amended by striking ``2012'' and inserting ``2013''.
    (c) Computer Software.--Section 179(d)(1)(A)(ii) is amended by 
striking ``2013'' and inserting ``2014''.
    (d) Election.--Section 179(c)(2) is amended by striking ``2013'' 
and inserting ``2014''.
    (e) Special Rules for Treatment of Qualified Real Property.--
            (1) In general.--Section 179(f)(1) is amended by striking 
        ``2010 or 2011'' and inserting ``2010, 2011, 2012, or 2013''.
            (2) Carryover limitation.--
                    (A) In general.--Section 179(f)(4) is amended by 
                striking ``2011'' each place it appears and inserting 
                ``2013''.
                    (B) Conforming amendment.--The heading for 
                subparagraph (C) of section 179(f)(4) is amended by 
                striking ``2010'' and inserting ``2010, 2011 and 
                2012''.
    (f) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2011.

SEC. 107. EXTENSION OF SPECIAL RULE FOR LONG-TERM CONTRACT ACCOUNTING.

    (a) In General.--Clause (ii) of section 460(c)(6)(B) is amended by 
striking ``January 1, 2011 (January 1, 2012'' and inserting ``January 
1, 2014 (January 1, 2015''.
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2010.

SEC. 108. EXTENSION OF INCREASED AMOUNT ALLOWED AS A DEDUCTION FOR 
              START-UP EXPENDITURES.

    (a) In General.--Paragraph (3) of section 195(b) is amended--
            (1) by inserting ``, 2011, 2012, or 2013'' after ``2010'', 
        and
            (2) by inserting ``2011, 2012, and 2013'' in the heading 
        thereof.
    (b) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after 
December 31, 2010.

SEC. 109. EXTENSION OF ALLOWANCE OF DEDUCTION FOR HEALTH INSURANCE IN 
              COMPUTING SELF-EMPLOYMENT TAXES.

    (a) In General.--Paragraph (4) of section 162(l) is amended by 
striking ``December 31, 2010'' and inserting ``December 31, 2013''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2010.

                      TITLE II--REGULATORY RELIEF

SEC. 201. FINDINGS.

    Congress finds the following:
            (1) A vibrant and growing small business sector is critical 
        to the recovery of the economy of the United States.
            (2) Regulations designed for application to large-scale 
        entities have been applied uniformly to small businesses and 
        other small entities, sometimes inhibiting the ability of small 
        entities to create new jobs.
            (3) Uniform Federal regulatory and reporting requirements 
        in many instances have imposed on small businesses and other 
        small entities unnecessary and disproportionately burdensome 
        demands, including legal, accounting, and consulting costs, 
        thereby threatening the viability of small entities and the 
        ability of small entities to compete and create new jobs in a 
        global marketplace.
            (4) Since 1980, Federal agencies have been required to 
        recognize and take account of the differences in the scale and 
        resources of regulated entities, but in many instances have 
        failed to do so.
            (5) In 2009, there were nearly 70,000 pages in the Federal 
        Register, and, according to research by the Office of Advocacy 
        of the Small Business Administration, the annual cost of 
        Federal regulations totals $1,750,000,000,000. Small firms bear 
        a disproportionate burden, paying approximately 36 percent more 
        per employee than larger firms in annual regulatory compliance 
        costs.
            (6) All agencies in the Federal Government should fully 
        consider the costs, including indirect economic impacts and the 
        potential for job loss, of proposed rules, periodically review 
        existing regulations to determine their impact on small 
        entities, and repeal regulations that are unnecessarily 
        duplicative or have outlived their stated purpose.
            (7) It is the intention of Congress to amend chapter 6 of 
        title 5, United States Code, to ensure that all impacts, 
        including foreseeable indirect effects, of proposed and final 
        rules are considered by agencies during the rulemaking process 
        and that the agencies assess a full range of alternatives that 
        will limit adverse economic consequences, enhance economic 
        benefits, and fully address potential job loss.

SEC. 202. INCLUDING INDIRECT ECONOMIC IMPACT IN SMALL ENTITY ANALYSES.

    Section 601 of title 5, United States Code, is amended by adding at 
the end the following:
            ``(9) the term `economic impact' means, with respect to a 
        proposed or final rule--
                    ``(A) the economic effects on small entities 
                directly regulated by the rule; and
                    ``(B) the reasonably foreseeable economic effects 
                of the rule on small entities that--
                            ``(i) purchase products or services from, 
                        sell products or services to, or otherwise 
                        conduct business with entities directly 
                        regulated by the rule;
                            ``(ii) are directly regulated by other 
                        governmental entities as a result of the rule; 
                        or
                            ``(iii) are not directly regulated by the 
                        agency as a result of the rule but are 
                        otherwise subject to other agency regulations 
                        as a result of the rule.''.

SEC. 203. JUDICIAL REVIEW TO ALLOW SMALL ENTITIES TO CHALLENGE PROPOSED 
              REGULATIONS.

    Section 611(a) of title 5, United States Code, is amended--
            (1) in paragraph (1), by inserting ``603,'' after ``601,'';
            (2) in paragraph (2), by inserting ``603,'' after ``601,'';
            (3) by striking paragraph (3) and inserting the following:
    ``(3) A small entity may seek such review during the 1-year period 
beginning on the date of final agency action, except that--
            ``(A) if a provision of law requires that an action 
        challenging a final agency action be commenced before the 
        expiration of 1 year, the lesser period shall apply to an 
        action for judicial review under this section; and
            ``(B) in the case of noncompliance with section 603 or 
        605(b), a small entity may seek judicial review of agency 
        compliance with such section before the close of the public 
        comment period.''; and
            (4) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``, and'' and 
                inserting a semicolon;
                    (B) in subparagraph (B), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(C) issuing an injunction prohibiting an agency from 
        taking any agency action with respect to a rulemaking until 
        that agency is in compliance with the requirements of section 
        603 or 605.''.

SEC. 204. PERIODIC REVIEW.

    Section 610 of title 5, United States Code, is amended to read as 
follows:
``Sec. 610. Periodic review of rules
    ``(a)(1) Not later than 180 days after the date of enactment of the 
Restoring Tax and Regulatory Certainty to Small Businesses Act of 2012, 
each agency shall establish a plan for the periodic review of--
            ``(A) each rule issued by the agency that the head of the 
        agency determines has a significant economic impact on a 
        substantial number of small entities, without regard to whether 
        the agency performed an analysis under section 604 with respect 
        to the rule; and
            ``(B) any small entity compliance guide required to be 
        published by the agency under section 212 of the Small Business 
        Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 
        note).
    ``(2) In reviewing rules and small entity compliance guides under 
paragraph (1), the agency shall determine whether the rules and guides 
should--
            ``(A) be amended or rescinded, consistent with the stated 
        objectives of applicable statutes, to minimize any significant 
        adverse economic impacts on a substantial number of small 
        entities (including an estimate of any adverse impacts on job 
        creation and employment by small entities); or
            ``(B) continue in effect without change.
    ``(3) Each agency shall publish the plan established under 
paragraph (1) in the Federal Register and on the Web site of the 
agency.
    ``(4) An agency may amend the plan established under paragraph (1) 
at any time by publishing the amendment in the Federal Register and on 
the Web site of the agency.
    ``(b) Each plan established under subsection (a) shall provide 
for--
            ``(1) the review of each rule and small entity compliance 
        guide described in subsection (a)(1) in effect on the date of 
        enactment of the Restoring Tax and Regulatory Certainty to 
        Small Businesses Act of 2012--
                    ``(A) not later than 9 years after the date of 
                publication of the plan in the Federal Register; and
                    ``(B) every 9 years thereafter; and
            ``(2) the review of each rule adopted and small entity 
        compliance guide described in subsection (a)(1) that is 
        published after the date of enactment of the Restoring Tax and 
        Regulatory Certainty to Small Businesses Act of 2012--
                    ``(A) not later than 9 years after the publication 
                of the final rule in the Federal Register; and
                    ``(B) every 9 years thereafter.
    ``(c) In reviewing rules under the plan required under subsection 
(a), the agency shall consider--
            ``(1) the continued need for the rule;
            ``(2) the nature of complaints received by the agency from 
        small entities concerning the rule;
            ``(3) comments by the Regulatory Enforcement Ombudsman and 
        the Chief Counsel for Advocacy of the Small Business 
        Administration;
            ``(4) the complexity of the rule;
            ``(5) the extent to which the rule overlaps, duplicates, or 
        conflicts with other Federal rules and, unless the head of the 
        agency determines it to be infeasible, State and local rules;
            ``(6) the contribution of the rule to the cumulative 
        economic impact of all Federal rules on the class of small 
        entities affected by the rule, unless the head of the agency 
        determines that such a calculation cannot be made;
            ``(7) the length of time since the rule has been evaluated, 
        or the degree to which technology, economic conditions, or 
        other factors have changed in the area affected by the rule; 
        and
            ``(8) the economic impact of the rule, including--
                    ``(A) the estimated number of small entities to 
                which the rule will apply;
                    ``(B) the estimated number of small entity jobs 
                that will be lost or created due to the rule; and
                    ``(C) the projected reporting, recordkeeping, and 
                other compliance requirements of the proposed rule, 
                including--
                            ``(i) an estimate of the classes of small 
                        entities that will be subject to the 
                        requirement; and
                            ``(ii) the type of professional skills 
                        necessary for preparation of the report or 
                        record.
    ``(d)(1) Each agency shall submit an annual report regarding the 
results of the review required under subsection (a) to--
            ``(A) Congress; and
            ``(B) in the case of an agency that is not an independent 
        regulatory agency (as defined in section 3502(5) of title 44), 
        the Administrator of the Office of Information and Regulatory 
        Affairs of the Office of Management and Budget.
    ``(2) Each report required under paragraph (1) shall include a 
description of any rule or guide with respect to which the agency made 
a determination of infeasibility under paragraph (5) or (6) of 
subsection (c), together with a detailed explanation of the reasons for 
the determination.
    ``(e) Each agency shall publish in the Federal Register and on the 
Web site of the agency a list of the rules and small entity compliance 
guides to be reviewed under the plan required under subsection (a) that 
includes--
            ``(1) a brief description of each rule or guide;
            ``(2) for each rule, the reason why the head of the agency 
        determined that the rule has a significant economic impact on a 
        substantial number of small entities (without regard to whether 
        the agency had prepared a final regulatory flexibility analysis 
        for the rule); and
            ``(3) a request for comments from the public, the Chief 
        Counsel for Advocacy of the Small Business Administration, and 
        the Regulatory Enforcement Ombudsman concerning the enforcement 
        of the rules or publication of the guides.
    ``(f)(1) Not later than 6 months after each date described in 
subsection (b)(1), the Inspector General for each agency shall--
            ``(A) determine whether the agency has conducted the review 
        required under subsection (b) appropriately; and
            ``(B) notify the head of the agency of--
                    ``(i) the results of the determination under 
                subparagraph (A); and
                    ``(ii) any issues preventing the Inspector General 
                from determining that the agency has conducted the 
                review under subsection (b) appropriately.
    ``(2)(A) Not later than 6 months after the date on which the head 
of an agency receives a notice under paragraph (1)(B) that the agency 
has not conducted the review under subsection (b) appropriately, the 
agency shall address the issues identified in the notice.
    ``(B) Not later than 30 days after the last day of the 6-month 
period described in subparagraph (A), the Inspector General for an 
agency that receives a notice described in subparagraph (A) shall--
            ``(i) determine whether the agency has addressed the issues 
        identified in the notice; and
            ``(ii) notify Congress if the Inspector General determines 
        that the agency has not addressed the issues identified in the 
        notice; and
    ``(C) Not later than 30 days after the date on which the Inspector 
General for an agency transmits a notice under subparagraph (B)(ii), an 
amount equal to 1 percent of the amount appropriated for the fiscal 
year to the appropriations account of the agency that is used to pay 
salaries shall be rescinded.
    ``(D) Nothing in this paragraph may be construed to prevent 
Congress from acting to prevent a rescission under subparagraph (C).''.

SEC. 205. REQUIRING SMALL BUSINESS REVIEW PANELS FOR ADDITIONAL 
              AGENCIES.

    (a) Agencies.--Section 609 of title 5, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) by striking ``a covered agency'' the first 
                place it appears and inserting ``an agency designated 
                under subsection (d)''; and
                    (B) by striking ``a covered agency'' each place it 
                appears and inserting ``the agency'';
            (2) by striking subsection (d), as amended by section 
        1100G(a) of Public Law 111-203 (124 Stat. 2112), and inserting 
        the following:
    ``(d)(1) On and after the date of enactment of the Restoring Tax 
and Regulatory Certainty to Small Businesses Act of 2012, the 
Environmental Protection Agency, the Occupational Safety and Health 
Administration of the Department of Labor, and the Bureau of Consumer 
Financial Protection shall be--
            ``(A) agencies designated under this subsection; and
            ``(B) subject to the requirements of subsection (b).
    ``(2) The Chief Counsel for Advocacy shall designate as agencies 
that shall be subject to the requirements of subsection (b) on and 
after the date of the designation--
            ``(A) 3 agencies for the first year after the date of 
        enactment of the Restoring Tax and Regulatory Certainty to 
        Small Businesses Act of 2012;
            ``(B) in addition to the agencies designated under 
        subparagraph (A), 3 agencies for the second year after the date 
        of enactment of the Restoring Tax and Regulatory Certainty to 
        Small Businesses Act of 2012; and
            ``(C) in addition to the agencies designated under 
        subparagraphs (A) and (B), 3 agencies for the third year after 
        the date of enactment of the Restoring Tax and Regulatory 
        Certainty to Small Businesses Act of 2012.
    ``(3) The Chief Counsel for Advocacy shall designate agencies under 
paragraph (2) based on the economic impact of the rules of the agency 
on small entities, beginning with agencies with the largest economic 
impact on small entities.''; and
            (3) in subsection (e)(1), by striking ``the covered 
        agency'' and inserting ``the agency''.
    (b) Technical and Conforming Amendments.--
            (1) Section 603.--Section 603(d) of title 5, United States 
        Code, as added by section 1100G(b) of Public Law 111-203 (124 
        Stat. 2112), is amended--
                    (A) in paragraph (1), by striking ``a covered 
                agency, as defined in section 609(d)(2)'' and inserting 
                ``the Bureau of Consumer Financial Protection''; and
                    (B) in paragraph (2), by striking ``A covered 
                agency, as defined in section 609(d)(2),'' and 
                inserting ``The Bureau of Consumer Financial 
                Protection''.
            (2) Section 604.--Section 604(a) of title 5, United States 
        Code, is amended--
                    (A) by redesignating the second paragraph 
                designated as paragraph (6) (relating to covered 
                agencies), as added by section 1100G(c)(3) of Public 
                Law 111-203 (124 Stat. 2113), as paragraph (7); and
                    (B) in paragraph (7), as so redesignated--
                            (i) by striking ``a covered agency, as 
                        defined in section 609(d)(2)'' and inserting 
                        ``the Bureau of Consumer Financial 
                        Protection''; and
                            (ii) by striking ``the agency'' and 
                        inserting ``the Bureau''.

SEC. 206. EXPANDING THE REGULATORY FLEXIBILITY ACT TO AGENCY GUIDANCE 
              DOCUMENTS.

    Section 601(2) of title 5, United States Code, is amended by 
inserting after ``public comment'' the following: ``and any significant 
guidance document, as defined in the Office of Management and Budget 
Final Bulletin for Agency Good Guidance Procedures (72 Fed. Reg. 3432; 
January 25, 2007)''.

SEC. 207. REQUIRING THE INTERNAL REVENUE SERVICE TO CONSIDER SMALL 
              ENTITY IMPACT.

    (a) In General.--Section 603(a) of title 5, United States Code, is 
amended, in the fifth sentence, by striking ``but only'' and all that 
follows through the period at the end and inserting ``but only to the 
extent that such interpretative rules, or the statutes upon which such 
rules are based, impose on small entities a collection of information 
requirement or a recordkeeping requirement.''.
    (b) Definitions.--Section 601 of title 5, United States Code, as 
amended by section 202 of this Act, is amended--
            (1) in paragraph (6), by striking ``and'' at the end; and
            (2) by striking paragraphs (7) and (8) and inserting the 
        following:
            ``(7) the term `collection of information' has the meaning 
        given that term in section 3502(3) of title 44;
            ``(8) the term `recordkeeping requirement' has the meaning 
        given that term in section 3502(13) of title 44; and''.

SEC. 208. REPORTING ON ENFORCEMENT ACTIONS RELATING TO SMALL ENTITIES.

    Section 223 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (5 U.S.C. 601 note) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Each agency'' and inserting the 
                following:
            ``(1) Establishment of policy or program.--Each agency''; 
        and
                    (B) by adding at the end the following:
            ``(2) Review of civil penalties.--Not later than 2 years 
        after the date of enactment of the Restoring Tax and Regulatory 
        Certainty to Small Businesses Act of 2012, and every 2 years 
        thereafter, each agency regulating the activities of small 
        entities shall review the civil penalties imposed by the agency 
        for violations of a statutory or regulatory requirement by a 
        small entity to determine whether a reduction or waiver of the 
        civil penalties is appropriate.''; and
            (2) in subsection (c)--
                    (A) by striking ``Agencies shall report'' and all 
                that follows through ``the scope'' and inserting ``Not 
                later than 2 years after the date of enactment of the 
                Restoring Tax and Regulatory Certainty to Small 
                Businesses Act of 2012, and every 2 years thereafter, 
                each agency shall submit to the Committee on Small 
                Business and Entrepreneurship and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate and the Committee on Small Business and the 
                Committee on the Judiciary of the House of 
                Representatives a report discussing the scope''; and
                    (B) by striking ``and the total amount of penalty 
                reductions and waivers'' and inserting ``the total 
                amount of penalty reductions and waivers, and the 
                results of the most recent review under subsection 
                (a)(2)''.

SEC. 209. REQUIRING MORE DETAILED SMALL ENTITY ANALYSES.

    (a) Initial Regulatory Flexibility Analysis.--Section 603 of title 
5, United States Code, as amended by section 1100G(b) of Public Law 
111-203 (124 Stat. 2112), is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Each initial regulatory flexibility analysis required under 
this section shall contain a detailed statement--
            ``(1) describing the reasons why action by the agency is 
        being considered;
            ``(2) describing the objectives of, and legal basis for, 
        the proposed rule;
            ``(3) estimating the number and type of small entities to 
        which the proposed rule will apply;
            ``(4) describing the projected reporting, recordkeeping, 
        and other compliance requirements of the proposed rule, 
        including an estimate of the classes of small entities which 
        will be subject to the requirement and the type of professional 
        skills necessary for preparation of the report and record;
            ``(5) describing all relevant Federal rules which may 
        duplicate, overlap, or conflict with the proposed rule, or the 
        reasons why such a description could not be provided; and
            ``(6) estimating the additional cumulative economic impact 
        of the proposed rule on small entities, including job loss by 
        small entities, beyond that already imposed on the class of 
        small entities by the agency, or the reasons why such an 
        estimate is not available.''; and
            (2) by adding at the end the following:
    ``(e) An agency shall notify the Chief Counsel for Advocacy of the 
Small Business Administration of any draft rules that may have a 
significant economic impact on a substantial number of small entities--
            ``(1) when the agency submits a draft rule to the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget under Executive Order 12866, if that order requires 
        the submission; or
            ``(2) if no submission to the Office of Information and 
        Regulatory Affairs is required--
                    ``(A) a reasonable period before publication of the 
                rule by the agency; and
                    ``(B) in any event, not later than 3 months before 
                the date on which the agency publishes the rule.''.
    (b) Final Regulatory Flexibility Analysis.--
            (1) In general.--Section 604(a) of title 5, United States 
        Code, is amended--
                    (A) by inserting ``detailed'' before 
                ``description'' each place it appears;
                    (B) in paragraph (2)--
                            (i) by inserting ``detailed'' before 
                        ``statement'' each place it appears; and
                            (ii) by inserting ``(or certification of 
                        the proposed rule under section 605(b))'' after 
                        ``initial regulatory flexibility analysis'';
                    (C) in paragraph (4), by striking ``an 
                explanation'' and inserting ``a detailed explanation''; 
                and
                    (D) in paragraph (6) (relating to a description of 
                steps taken to minimize significant economic impact), 
                as added by section 1601 of the Small Business Jobs Act 
                of 2010 (Public Law 111-240; 124 Stat. 2251), by 
                inserting ``detailed'' before ``statement''.
            (2) Publication of analysis on web site, etc.--Section 
        604(b) of title 5, United States Code, is amended to read as 
        follows:
    ``(b) The agency shall--
            ``(1) make copies of the final regulatory flexibility 
        analysis available to the public, including by publishing the 
        entire final regulatory flexibility analysis on the Web site of 
        the agency; and
            ``(2) publish in the Federal Register the final regulatory 
        flexibility analysis, or a summary of the analysis that 
        includes the telephone number, mailing address, and address of 
        the Web site where the complete final regulatory flexibility 
        analysis may be obtained.''.
    (c) Cross-References to Other Analyses.--Section 605(a) of title 5, 
United States Code, is amended to read as follows:
    ``(a) A Federal agency shall be deemed to have satisfied a 
requirement regarding the content of a regulatory flexibility agenda or 
regulatory flexibility analysis under section 602, 603, or 604, if the 
Federal agency provides in the agenda or regulatory flexibility 
analysis a cross-reference to the specific portion of an agenda or 
analysis that is required by another law and that satisfies the 
requirement under section 602, 603, or 604.''.
    (d) Certifications.--Section 605(b) of title 5, United States Code, 
is amended, in the second sentence, by striking ``statement providing 
the factual'' and inserting ``detailed statement providing the factual 
and legal''.
    (e) Quantification Requirements.--Section 607 of title 5, United 
States Code, is amended to read as follows:
``Sec. 607. Quantification requirements
    ``In complying with sections 603 and 604, an agency shall provide--
            ``(1) a quantifiable or numerical description of the 
        effects of the proposed or final rule, including an estimate of 
        the potential for job loss, and alternatives to the proposed or 
        final rule; or
            ``(2) a more general descriptive statement regarding the 
        potential for job loss and a detailed statement explaining why 
        quantification under paragraph (1) is not practicable or 
        reliable.''.

SEC. 210. ENSURING THAT AGENCIES CONSIDER SMALL ENTITY IMPACT DURING 
              THE RULEMAKING PROCESS.

    Section 605(b) of title 5, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following:
    ``(2) If, after publication of the certification required under 
paragraph (1), the head of the agency determines that there will be a 
significant economic impact on a substantial number of small entities, 
the agency shall comply with the requirements of section 603 before the 
publication of the final rule, by--
            ``(A) publishing an initial regulatory flexibility analysis 
        for public comment; or
            ``(B) re-proposing the rule with an initial regulatory 
        flexibility analysis.
    ``(3) The head of an agency may not make a certification relating 
to a rule under this subsection, unless the head of the agency has 
determined--
            ``(A) the average cost of the rule for small entities 
        affected or reasonably presumed to be affected by the rule;
            ``(B) the number of small entities affected or reasonably 
        presumed to be affected by the rule; and
            ``(C) the number of affected small entities for which that 
        cost will be significant.
    ``(4) Before publishing a certification and a statement providing 
the factual basis for the certification under paragraph (1), the head 
of an agency shall--
            ``(A) transmit a copy of the certification and statement to 
        the Chief Counsel for Advocacy of the Small Business 
        Administration; and
            ``(B) consult with the Chief Counsel for Advocacy of the 
        Small Business Administration on the accuracy of the 
        certification and statement.''.

SEC. 211. ADDITIONAL POWERS OF THE OFFICE OF ADVOCACY.

    Section 203 of Public Law 94-305 (15 U.S.C. 634c) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (6) the following:
            ``(7) at the discretion of the Chief Counsel for Advocacy, 
        comment on regulatory action by an agency that affects small 
        businesses, without regard to whether the agency is required to 
        file a notice of proposed rulemaking under section 553 of title 
        5, United States Code, with respect to the action.''.

SEC. 212. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Heading.--Section 605 of title 5, United States Code, is 
amended in the section heading by striking ``Avoidance'' and all that 
follows and inserting the following: ``Incorporations by reference and 
certification.''.
    (b) Table of Sections.--The table of sections for chapter 6 of 
title 5, United States Code, is amended--
            (1) by striking the item relating to section 605 and 
        inserting the following:

``605. Incorporations by reference and certifications.'';
        and
            (2) by striking the item relating to section 607 inserting 
        the following:

``607. Quantification requirements.''.

SEC. 213. REGULATORY TRANSPARENCY REPORTING.

    (a) Definitions.--In this section--
            (1) the term ``agency'' has the same meaning as in section 
        551 of title 5, United States Code;
            (2) the term ``covered period'' means, with respect to a 
        report required to be submitted under this subsection, the 
        period beginning on January 1 of the year preceding the date of 
        submission of the report and ending on December 31 of the year 
        preceding the date of submission of the report;
            (3) the term ``major rule'' means a rule that has an annual 
        effect on the economy of the United States of $100,000,000 or 
        more;
            (4) the term ``report'' means an annual report submitted to 
        Congress under section 624 of the Treasury and General 
        Government Appropriations Act, 2001 (31 U.S.C. 1105 note);
            (5) the term ``rule''--
                    (A) has the same meaning as in section 551 of title 
                5, United States Code; and
                    (B) includes a rule issued by an independent 
                establishment, as that term is defined in section 104 
                of title 5, United States Code; and
            (6) the term ``Unified Agenda'' means the Unified Agenda of 
        Federal Regulatory and Deregulatory Actions.
    (b) In General.--The Administrator of the Office of Information and 
Regulatory Affairs shall include in the report required under section 
624 of the Treasury and General Government Appropriations Act, 2001 (31 
U.S.C. 1105 note) the data and tables described in this section.
    (c) Data.--Each report shall contain the following:
            (1) A list of each major rule issued by each agency during 
        the covered period in each of the following categories:
                    (A) Rules having an economic impact of more than 
                $100,000,000 and not more than $500,000,000.
                    (B) Rules having an economic impact of more than 
                $500,000,000 and not more than $1,000,000,000.
                    (C) Rules having an economic impact of more than 
                $1,000,000,000 and not more than $5,000,000,000.
                    (D) Rules having an economic impact of more than 
                $5,000,000,000 and not more than $10,000,000,000.
                    (E) Rules having an economic impact of more than 
                $10,000,000,000.
                    (F) Any rules not described in subparagraphs (A) 
                through (E).
            (2) A list of each rule issued during the covered period 
        that--
                    (A) required a regulatory flexibility analysis 
                under chapter 6 of title 5, United States Code; or
                    (B) was listed in the Unified Agenda as a 
                regulatory action that an agency identified as likely 
                to have some impact on small entities, even though a 
                regulatory flexibility analysis was not required under 
                chapter 6 of title 5, United States Code.
            (3) A list of each rule issued during the covered period 
        that affects State and local governments.
            (4) The percentage of rules issued during the covered 
        period that were--
                    (A) rules described in paragraph (2); or
                    (B) rules described in paragraph (3).
            (5) A list of each rule issued during the covered period 
        that included a numerical estimate of the cost of the rule.
            (6) The sum of the numerical estimates described in 
        paragraph (5)--
                    (A) for each agency; and
                    (B) for all agencies, as a whole.
            (7) A list of each rule issued during the covered period 
        that did not include a numerical estimate of the cost of the 
        rule, and, for each such rule, an explanation of why a 
        numerical estimate was not included.
            (8) The percentage of rules issued during the covered 
        period that were reviewed by the Office of Management and 
        Budget.
            (9) A list of each rule issued during the covered period 
        that was reviewed by the Office of Management and Budget and a 
        description of any action taken by the Office of Management and 
        Budget with respect to the rule.
            (10) The number of pages included the Federal Register 
        during the covered period.
            (11) A list of each major rule for which the Comptroller 
        General of the United States issued a report during the covered 
        period that was entered into the database of reports on 
        regulations issued by the Government Accountability Office.
            (12) A list of each rule reviewed under section 610 of 
        title 5, United States Code, during the covered period.
            (13) A list of each rule issued during the covered period 
        that is designated in the Unified Agenda as deregulatory, 
        rather than regulatory.
            (14) A list of each rule issued during the covered period 
        that the Administrator determines affects only the internal 
        procedures of the agency that issued the rule.
            (15) A list of each rule that was added to the Unified 
        Agenda during the covered period.
            (16) A list of each rule included in the Unified Agenda 
        during the covered period that was included in the Unified 
        Agenda before the covered period.
            (17) A list of each rule issued during the covered period 
        that was required to be issued by statute.
            (18) The number and percentage of rules described in 
        paragraph (17), compared to the number and percentage of rules 
        issued during the covered period that are not described in 
        paragraph (17).
            (19) A list of each rule issued during the covered period 
        that was required to be issued during the covered period by 
        judicial order.
            (20) The number and percentage of rules issued during the 
        covered period that are described in paragraph (19), compared 
        to the number and percentage of rules issued during the covered 
        period that are not described in paragraph (19).
            (21) A list of each rule issued during the covered period 
        for which the agency that issued the rule was prohibited by 
        statute from considering the costs and benefits of the rule.
    (d) Master Table.--
            (1) In general.--Each report shall contain a table that 
        includes the following:
                    (A) A list of each rule described in subsection 
                (c).
                    (B) A brief summary of each rule described in 
                subsection (c).
                    (C) A citation (or, if the report is issued in 
                electronic form, a link) to--
                            (i) any regulatory flexibility analysis 
                        required under chapter 6 of title 5, United 
                        States Code, with respect to a rule described 
                        in subsection (c); and
                            (ii) any regulatory impact analysis 
                        required under Executive Order 12866 (5 U.S.C. 
                        601 note; relating to regulatory planning and 
                        review), with respect to a rule described in 
                        subsection (c).
            (2) Citation.--Each list required under subsection (b) 
        shall include, for each rule included in the list, a citation 
        (or, if the report is issued in electronic form, a link) to the 
        summary of the rule in the table required under paragraph (1).
    (e) Historical Tables.--
            (1) In general.--Each report shall contain historical 
        tables representing the data described in subsection (c), 
        modeled after Federal budget historical tables, that provide 
        consistent data concerning--
                    (A) each covered period, beginning on the date of 
                enactment of this Act; and
                    (B) to the extent practicable, each calendar year 
                preceding the date of enactment of this Act.
            (2) Consistency of data.--To the greatest extent possible, 
        the data provided in the tables under paragraph (1) shall be 
        consistent, including with respect to the value of a dollar, 
        the discount rate, and the time period over which a cost is 
        incurred.

                      TITLE III--ACCESS TO CAPITAL

  Subtitle A--Expanding Access to Capital for Entrepreneurial Leaders

SEC. 311. SHORT TITLE.

    This subtitle may be cited as the ``EXCEL Act of 2012''.

SEC. 312. PROGRAM AUTHORIZATION.

    Section 303(b) of the Small Business Investment Act of 1958 (15 
U.S.C. 683(b)) is amended, in the matter preceding paragraph (1), in 
the first sentence, by inserting after ``issued by such companies'' the 
following: ``, in a total amount that does not exceed $4,000,000,000 
each fiscal year (adjusted annually to reflect increases in the 
Consumer Price Index established by the Bureau of Labor Statistics of 
the Department of Labor)''.

SEC. 313. FAMILY OF FUNDS.

    Section 303(b)(2)(B) of the Small Business Investment Act of 1958 
(15 U.S.C. 683(b)(2)(B)) is amended by striking ``$225,000,000'' and 
inserting ``$350,000,000''.

SEC. 314. ADJUSTMENT FOR INFLATION.

    Section 303(b)(2) of the Small Business Investment Act of 1958 (15 
U.S.C. 683(b)(2)) is amended by adding at the end the following:
                    ``(E) Adjustments.--
                            ``(i) In general.--The dollar amounts in 
                        subparagraph (A)(ii), subparagraph (B), and 
                        subparagraph (C)(ii)(I) shall be adjusted 
                        annually to reflect increases in the Consumer 
                        Price Index established by the Bureau of Labor 
                        Statistics of the Department of Labor (in this 
                        subparagraph referred to as the `CPI').
                            ``(ii) Applicability.--The adjustments 
                        required by clause (i)--
                                    ``(I) with respect to dollar 
                                amounts in subparagraphs (A)(ii) and 
                                (C)(ii)(I) shall initially reflect 
                                increases in the CPI during the period 
                                beginning on the effective date of 
                                section 505 of the American Recovery 
                                and Reinvestment Act of 2009 (Public 
                                Law 111-5; 123 Stat. 156) through the 
                                date of enactment of this subparagraph 
                                and annually thereafter;
                                    ``(II) with respect to dollar 
                                amounts in subparagraph (B) shall 
                                reflect increases in the CPI annually 
                                on and after the date of enactment of 
                                this subparagraph.''.

SEC. 315. PUBLIC AVAILABILITY OF INFORMATION.

    Section 303 of the Small Business Investment Act of 1958 (15 U.S.C. 
683) is amended by adding at the end the following:
    ``(l) Access to Fund Information.--Annually, the Administrator 
shall make public on its website the following information with respect 
to each small business investment company:
            ``(1) The amount of capital deployed since fund inception.
            ``(2) The amount of leverage drawn since fund inception.
            ``(3) The number of investments since fund inception.
            ``(4) The number of businesses receiving capital since fund 
        inception.
            ``(5) Industry sectors receiving investment since fund 
        inception.
            ``(6) The amount of leverage principal repaid by the small 
        business investment company since fund inception.
            ``(7) A basic description of investment strategy.''.

SEC. 316. AUTHORIZED USES OF LICENSING FEES.

    Section 301 of the Small Business Investment Act of 1958 (15 U.S.C. 
681) is amended--
            (1) by redesignating subsection (e) as subsection (d); and
            (2) in subsection (d)(2)(B), as so redesignated, by 
        inserting before the period at the end the following: ``and 
        other small business investment company program needs''.

SEC. 317. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) small business investment companies would benefit from 
        partnerships with community banks and other lenders, and should 
        work with community banks and other lenders, to ensure that if 
        community banks and other lenders deny an application by a 
        small business concern for a loan, the community banks or other 
        lenders will refer the small business concern to small business 
        investment companies; and
            (2) the Administrator of the Small Business Administration 
        (in this section referred to as the ``Administrator'') should--
                    (A) increase outreach to community banks and other 
                lenders to encourage community banks and other lenders 
                to invest in small business investment companies;
                    (B) use the Internet to make publicly available in 
                a timely manner which small business investment 
                companies are actively soliciting investments and 
                making investments in small business concerns;
                    (C) partner with governors, mayors, States, and 
                municipalities to increase outreach by small business 
                investment companies to underserved and rural areas; 
                and
                    (D) continue to make changes to the webpage for the 
                small business investment company program, to make the 
                webpage--
                            (i) a more prominent part of the website of 
                        the Administration; and
                            (ii) more user-friendly.

                  Subtitle B--Low-Interest Refinancing

SEC. 321. LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS 
              LOAN PROGRAM.

    Section 1122(b) of the Small Business Jobs Act of 2010 (15 U.S.C. 
696 note) is amended by striking ``2 years'' and inserting ``on the 
date that is 3 years and 6 months''.

                   TITLE IV--ENTREPRENEURIAL SUPPORT

      Subtitle A--Measuring the Effectiveness of Resource Partners

SEC. 411. EXPANDING ENTREPRENEURSHIP.

    Section 4 of the Small Business Act (15 U.S.C. 633) is amended by 
adding at the end the following:
    ``(g) Management and Direction.--
            ``(1) Plan for entrepreneurial development and job creation 
        strategy.--
                    ``(A) Plan required.--The Administrator, in 
                consultation with a representative from each 
                entrepreneurial development program of the 
                Administration, shall develop and submit to Congress a 
                plan for using the entrepreneurial development programs 
                of the Administration to create jobs during fiscal 
                years 2013 and 2014.
                    ``(B) Contents of plan.--The plan required under 
                subparagraph (A) shall--
                            ``(i) include the plan of the Administrator 
                        for using existing programs, including small 
                        business development centers, women's business 
                        centers, the Service Corps of Retired 
                        Executives authorized by section 8(b)(1), 
                        Veterans Business Outreach Centers, and 
                        programs of the Office of Native American 
                        Affairs, to create jobs;
                            ``(ii) identify a strategy for each region 
                        of the Administration to use programs of the 
                        Administration to create or retain jobs in the 
                        region; and
                            ``(iii) establish performance measures and 
                        criteria, including goals for job creation, job 
                        retention, and job retraining, to evaluate the 
                        success of the plan.
            ``(2) Data collection process.--
                    ``(A) In general.--The Administrator shall, after 
                notice and opportunity for comment, promulgate a rule 
                to develop and implement a consistent data collection 
                process for the entrepreneurial development programs.
                    ``(B) Contents.--The data collection process 
                developed under subparagraph (A) shall collect data 
                relating to job creation and performance and any other 
                data determined appropriate by the Administrator.
            ``(3) Coordination and alignment of sba entrepreneurial 
        development programs.--The Administrator, in consultation with 
        other Federal departments and agencies as the Administrator 
        determines is appropriate, shall submit an annual report to 
        Congress describing opportunities to foster coordination of, 
        limit duplication among, and improve program delivery for 
        Federal entrepreneurial development programs.
            ``(4) Database of entrepreneurial development service 
        providers.--
                    ``(A) Establishment.--After providing a period of 
                60 days for public comment, the Administrator shall--
                            ``(i) establish a database of providers of 
                        entrepreneurial development services; and
                            ``(ii) make the database available through 
                        the website of the Administration.
                    ``(B) Searchability.--The database established 
                under subparagraph (A) shall be searchable by industry, 
                geographic location, and service required.
            ``(5) Community specialist.--
                    ``(A) Designation.--The Administrator shall 
                designate not fewer than 1 staff member in each 
                district office of the Administration as a community 
                specialist whose full-time responsibility is working 
                with local providers of entrepreneurial development 
                services to increase coordination with Federal 
                entrepreneurial development programs.
                    ``(B) Performance.--The Administrator shall develop 
                benchmarks for measuring the performance of community 
                specialists under this paragraph.''.

              Subtitle B--Women's Small Business Ownership

SEC. 421. SHORT TITLE.

    This subtitle may be cited as the ``Women's Small Business 
Ownership Act of 2012''.

SEC. 422. DEFINITION.

    In this subtitle, the term ``Administrator'' means the 
Administrator of the Small Business Administration.

SEC. 423. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.

    (a) In General.--Section 29(g) of the Small Business Act (15 U.S.C. 
656(g)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (B)--
                            (i) in clause (i), by striking ``in the 
                        areas'' and all that follows through the end of 
                        subclause (I), and inserting the following: 
                        ``to address issues concerning the management, 
                        operations, manufacturing, technology, finance, 
                        retail and product sales, international trade, 
                        Government contracting, and other disciplines 
                        required for--
                                    ``(I) starting, operating, and 
                                increasing the business of a small 
                                business concern;''; and
                            (ii) in clause (ii), by striking ``Women's 
                        Business Center program'' each place that term 
                        appears and inserting ``women's business center 
                        program''; and
                    (B) in subparagraph (C), by inserting before the 
                period at the end the following: ``, the National 
                Women's Business Council, and any association of 
                women's business centers''; and
            (2) by adding at the end the following:
            ``(3) Training.--The Administrator may provide annual 
        programmatic and financial examination training for women's 
        business ownership representatives and district office 
        technical representatives of the Administration to enable 
        representatives to carry out their responsibilities.
            ``(4) Program and transparency improvements.--The 
        Administrator shall maximize the transparency of the women's 
        business center financial assistance proposal process and the 
        programmatic and financial examination process by--
                    ``(A) providing public notice of any announcement 
                for financial assistance under subsection (b) or a 
                grant under subsection (l) not later than the end of 
                the first quarter of each fiscal year;
                    ``(B) in the announcement described in subparagraph 
                (A), outlining award and program evaluation criteria 
                and describing the weighting of the criteria for 
                financial assistance under subsection (b) and grants 
                under subsection (l);
                    ``(C) minimizing paperwork and reporting 
                requirements for applicants for and recipients of 
                financial assistance under this section;
                    ``(D) standardizing the programmatic and financial 
                examination process; and
                    ``(E) providing to each women's business center, 
                not later than 60 days after the completion of a site 
                visit to the women's business center (whether conducted 
                for an audit, performance review, or other reason), a 
                copy of any site visit reports or evaluation reports 
                prepared by district office technical representatives 
                or officers or employees of the Administration.''.
    (b) Change of Title.--
            (1) In general.--Section 29 of the Small Business Act (15 
        U.S.C. 656) is amended--
                    (A) in subsection (a)--
                            (i) by striking paragraphs (1) and (4);
                            (ii) by redesignating paragraphs (2) and 
                        (3) as paragraphs (4) and (5), respectively; 
                        and
                            (iii) by inserting before paragraph (4), as 
                        so redesignated, the following:
            ``(2) the term `Director' means the Director of the Office 
        of Women's Business Ownership established under subsection 
        (g);'';
                    (B) by striking ``Assistant Administrator'' each 
                place that term appears and inserting ``Director''; and
                    (C) in subsection (g)(2), in the paragraph heading, 
                by striking ``Assistant administrator'' and inserting 
                ``Director''.
            (2) Women's business ownership act of 1988.--Title IV of 
        the Women's Business Ownership Act of 1988 (15 U.S.C. 7101 et 
        seq.) is amended--
                    (A) in section 403(a)(2)(B), by striking 
                ``Assistant Administrator'' and inserting ``Director'';
                    (B) in section 405, by striking ``Assistant 
                Administrator'' and inserting ``Director''; and
                    (C) in section 406(c), by striking ``Assistant 
                Administrator'' and inserting ``Director''.

SEC. 424. WOMEN'S BUSINESS CENTER PROGRAM.

    (a) Women's Business Center Financial Assistance.--Section 29 of 
the Small Business Act (15 U.S.C. 656) is amended--
            (1) in subsection (a), as amended by section 423(b) of this 
        Act--
                    (A) by inserting before paragraph (2) the 
                following:
            ``(1) the term `association of women's business centers' 
        means an organization--
                    ``(A) that represents not less than 51 percent of 
                the women's business centers that participate in a 
                program under this section; and
                    ``(B) whose primary purpose is to represent women's 
                business centers;'';
                    (B) by inserting after paragraph (2) the following:
            ``(3) the term `eligible entity' means--
                    ``(A) a private nonprofit organization;
                    ``(B) a State, regional, or local economic 
                development organization;
                    ``(C) a development, credit, or finance corporation 
                chartered by a State;
                    ``(D) a junior or community college, as defined in 
                section 312(f) of the Higher Education Act of 1965 (20 
                U.S.C. 1058(f)); or
                    ``(E) any combination of entities listed in 
                subparagraphs (A) through (D);''; and
                    (C) by adding after paragraph (5) the following:
            ``(6) the term `women's business center' means a project 
        conducted by an eligible entity under this section.'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1), (2), and (3) 
                as subparagraphs (A), (B), and (C), and adjusting the 
                margins accordingly;
                    (B) by striking ``The Administration'' and all that 
                follows through ``5-year projects'' and inserting the 
                following:
            ``(1) In general.--The Administration may provide financial 
        assistance to an eligible entity to conduct a project under 
        this section'';
                    (C) by striking ``The projects shall'' and 
                inserting the following:
            ``(2) Use of funds.--The project shall be designed to 
        provide training and counseling that meets the needs of women, 
        especially socially and economically disadvantaged women, and 
        shall''; and
                    (D) by adding at the end the following:
            ``(3) Amount of financial assistance.--
                    ``(A) In general.--The Administrator may award 
                financial assistance under this subsection of not less 
                than $100,000 and not more than $150,000 per year.
                    ``(B) Lower amount.--The Administrator may award 
                financial assistance under this subsection to a 
                recipient in an amount that is less than $100,000 if 
                the Administrator determines that the recipient is 
                unable to make a non-Federal contribution of $100,000 
                or more, as required under subsection (c).
                    ``(C) Equal allocations.--If the Administration has 
                insufficient funds to provide financial assistance of 
                not less than $100,000 for each recipient of financial 
                assistance under this subsection in any fiscal year, 
                the Administrator shall provide an equal amount of 
                financial assistance to each recipient in the fiscal 
                year, unless a recipient requests a lower amount than 
                the allocated amount.
            ``(4) Consultation with associations of women's business 
        centers.--The Administrator shall consult with each association 
        of women's business centers to develop--
                    ``(A) a training program for the staff of women's 
                business centers and the Administration; and
                    ``(B) recommendations to improve the policies and 
                procedures for governing the general operations and 
                administration of the women's business center program, 
                including grant program improvements under subsection 
                (g)(4).'';
            (3) in subsection (c)--
                    (A) in paragraph (1) by striking ``the recipient 
                organization'' and inserting ``an eligible entity'';
                    (B) in paragraph (3), in the second sentence, by 
                striking ``a recipient organization'' and inserting 
                ``an eligible entity'';
                    (C) in paragraph (4)--
                            (i) by striking ``recipient of assistance'' 
                        and inserting ``eligible entity'';
                            (ii) by striking ``such organization'' and 
                        inserting ``the eligible entity''; and
                            (iii) by striking ``recipient'' and 
                        inserting ``eligible entity'';
                    (D) in paragraph (5)--
                            (i) in subparagraph (A), by striking ``a 
                        recipient organization'' and inserting ``an 
                        eligible entity''; and
                            (ii) by striking ``the recipient 
                        organization'' each place it appears and 
                        inserting ``the eligible entity''; and
                    (E) by adding at end the following:
            ``(6) Separation of project and funds.--An eligible entity 
        shall--
                    ``(A) carry out a project under this section 
                separately from other projects, if any, of the eligible 
                entity; and
                    ``(B) separately maintain and account for any 
                financial assistance under this section.'';
            (4) in subsection (e)--
                    (A) by striking ``applicant organization'' and 
                inserting ``eligible entity'';
                    (B) by striking ``a recipient organization'' and 
                inserting ``an eligible entity''; and
                    (C) by striking ``site'';
            (5) by striking subsection (f) and inserting the following:
    ``(f) Applications and Criteria for Initial Financial Assistance.--
            ``(1) Application.--Each eligible entity desiring financial 
        assistance under subsection (b) shall submit to the 
        Administrator an application that contains--
                    ``(A) a certification that the eligible entity--
                            ``(i) has designated an executive director 
                        or program manager, who may be compensated 
                        using financial assistance under subsection (b) 
                        or other sources, to manage the center on a 
                        full-time basis;
                            ``(ii) as a condition of receiving 
                        financial assistance under subsection (b), 
                        agrees--
                                    ``(I) to receive a site visit by 
                                the Administrator as part of the final 
                                selection process;
                                    ``(II) to undergo an annual 
                                programmatic and financial examination; 
                                and
                                    ``(III) to the maximum extent 
                                practicable, to remedy any problems 
                                identified pursuant to the site visit 
                                or examination under subclause (I) or 
                                (II); and
                            ``(iii) meets the accounting and reporting 
                        requirements established by the Director of the 
                        Office of Management and Budget;
                    ``(B) information demonstrating that the eligible 
                entity has the ability and resources to meet the needs 
                of the market to be served by the women's business 
                center for which financial assistance under subsection 
                (b) is sought, including the ability to obtain the non-
                Federal contribution required under subsection (c);
                    ``(C) information relating to the assistance to be 
                provided by the women's business center for which 
                financial assistance under subsection (b) is sought in 
                the area in which the women's business center is 
                located;
                    ``(D) information demonstrating the experience and 
                effectiveness of the eligible entity in--
                            ``(i) conducting financial, management, and 
                        marketing assistance programs, as described in 
                        subsection (b)(2), which are designed to teach 
                        or upgrade the business skills of women who are 
                        business owners or potential business owners;
                            ``(ii) providing training and services to a 
                        representative number of women who are socially 
                        and economically disadvantaged; and
                            ``(iii) working with resource partners of 
                        the Administration and other entities, such as 
                        universities; and
                    ``(E) a 5-year plan that describes the ability of 
                the women's business center for which financial 
                assistance is sought--
                            ``(i) to serve women who are business 
                        owners or potential business owners by 
                        conducting training and counseling activities; 
                        and
                            ``(ii) to provide training and services to 
                        a representative number of women who are 
                        socially and economically disadvantaged.
            ``(2) Additional information.--The Administrator shall make 
        any request for additional information from an organization 
        applying for financial assistance under subsection (b) that was 
        not requested in the original announcement in writing.
            ``(3) Review and approval of applications for initial 
        financial assistance.--
                    ``(A) In general.--The Administrator shall--
                            ``(i) review each application submitted 
                        under paragraph (1), based on the information 
                        described in such paragraph and the criteria 
                        set forth under subparagraph (B) of this 
                        paragraph; and
                            ``(ii) to the extent practicable, as part 
                        of the final selection process, conduct a site 
                        visit to each women's business center for which 
                        financial assistance under subsection (b) is 
                        sought.
                    ``(B) Selection criteria.--
                            ``(i) In general.--The Administrator shall 
                        evaluate applicants for financial assistance 
                        under subsection (b) in accordance with 
                        selection criteria that are--
                                    ``(I) established before the date 
                                on which applicants are required to 
                                submit the applications;
                                    ``(II) stated in terms of relative 
                                importance; and
                                    ``(III) publicly available and 
                                stated in each solicitation for 
                                applications for financial assistance 
                                under subsection (b) made by the 
                                Administrator.
                            ``(ii) Required criteria.--The selection 
                        criteria for financial assistance under 
                        subsection (b) shall include--
                                    ``(I) the experience of the 
                                applicant in conducting programs or 
                                ongoing efforts designed to teach or 
                                enhance the business skills of women 
                                who are business owners or potential 
                                business owners;
                                    ``(II) the ability of the applicant 
                                to begin a project within a minimum 
                                amount of time;
                                    ``(III) the ability of the 
                                applicant to provide training and 
                                services to a representative number of 
                                women who are socially and economically 
                                disadvantaged; and
                                    ``(IV) the location for the women's 
                                business center proposed by the 
                                applicant, including whether the 
                                applicant is located in a State in 
                                which there is not a women's business 
                                center receiving funding from the 
                                Administration.
                    ``(C) Proximity.--If the principal place of 
                business of an applicant for financial assistance under 
                subsection (b) is located less than 50 miles from the 
                principal place of business of a women's business 
                center that received funds under this section on or 
                before the date of the application, the applicant shall 
                not be eligible for the financial assistance, unless 
                the applicant submits a detailed written justification 
                of the need for an additional center in the area in 
                which the applicant is located.
                    ``(D) Record retention.--The Administrator shall 
                maintain a copy of each application submitted under 
                this subsection for not less than 7 years.''; and
            (6) in subsection (m)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) Application and approval for renewal grants.--
                    ``(A) Solicitation of applications.--The 
                Administrator shall solicit applications and award 
                grants under this subsection for the first fiscal year 
                beginning after the date of enactment of the Women's 
                Small Business Ownership Act of 2012, and every third 
                fiscal year thereafter.
                    ``(B) Contents of application.--Each eligible 
                entity desiring a grant under this subsection shall 
                submit to the Administrator an application that 
                contains--
                            ``(i) a certification that the applicant--
                                    ``(I) is an eligible entity;
                                    ``(II) has designated a full-time 
                                executive director or program manager 
                                to manage the women's business center 
                                operated by the applicant; and
                                    ``(III) as a condition of receiving 
                                a grant under this subsection, agrees--
                                            ``(aa) to receive a site 
                                        visit as part of the final 
                                        selection process;
                                            ``(bb) to submit, for the 2 
                                        full fiscal years before the 
                                        date on which the application 
                                        is submitted, annual 
                                        programmatic and financial 
                                        examination reports or 
                                        certified copies of the 
                                        compliance supplemental audits 
                                        under OMB Circular A-133 of the 
                                        applicant; and
                                            ``(cc) to remedy any 
                                        problem identified pursuant to 
                                        the site visit or examination 
                                        under item (aa) or (bb);
                            ``(ii) information demonstrating that the 
                        applicant has the ability and resources to meet 
                        the needs of the market to be served by the 
                        women's business center for which a grant under 
                        this subsection is sought, including the 
                        ability to obtain the non-Federal contribution 
                        required under paragraph (4)(C);
                            ``(iii) information relating to assistance 
                        to be provided by the women's business center 
                        in the area served by the women's business 
                        center for which a grant under this subsection 
                        is sought;
                            ``(iv) information demonstrating that the 
                        applicant has worked with resource partners of 
                        the Administration and other entities;
                            ``(v) a 3-year plan that describes the 
                        ability of the women's business center for 
                        which a grant under this subsection is sought--
                                    ``(I) to serve women who are 
                                business owners or potential business 
                                owners by conducting training and 
                                counseling activities; and
                                    ``(II) to provide training and 
                                services to a representative number of 
                                women who are socially and economically 
                                disadvantaged; and
                            ``(vi) any additional information that the 
                        Administrator may reasonably require.
                    ``(C) Review and approval of applications for 
                grants.--
                            ``(i) In general.--The Administrator 
                        shall--
                                    ``(I) review each application 
                                submitted under subparagraph (B), based 
                                on the information described in such 
                                subparagraph and the criteria set forth 
                                under clause (ii) of this subparagraph; 
                                and
                                    ``(II) whenever practicable, as 
                                part of the final selection process, 
                                conduct a site visit to each women's 
                                business center for which a grant under 
                                this subsection is sought.
                            ``(ii) Selection criteria.--
                                    ``(I) In general.--The 
                                Administrator shall evaluate applicants 
                                for grants under this subsection in 
                                accordance with selection criteria that 
                                are--
                                            ``(aa) established before 
                                        the date on which applicants 
                                        are required to submit the 
                                        applications;
                                            ``(bb) stated in terms of 
                                        relative importance; and
                                            ``(cc) publicly available 
                                        and stated in each solicitation 
                                        for applications for grants 
                                        under this subsection made by 
                                        the Administrator.
                                    ``(II) Required criteria.--The 
                                selection criteria for a grant under 
                                this subsection shall include--
                                            ``(aa) the total number of 
                                        entrepreneurs served by the 
                                        applicant;
                                            ``(bb) the total number of 
                                        new startup companies assisted 
                                        by the applicant;
                                            ``(cc) the percentage of 
                                        clients of the applicant that 
                                        are socially or economically 
                                        disadvantaged; and
                                            ``(dd) the percentage of 
                                        individuals in the community 
                                        served by the applicant who are 
                                        socially or economically 
                                        disadvantaged.
                            ``(iii) Conditions for continued funding.--
                        In determining whether to make a grant under 
                        this subsection, the Administrator--
                                    ``(I) shall consider the results of 
                                the most recent evaluation of the 
                                women's business center for which a 
                                grant under this subsection is sought, 
                                and, to a lesser extent, previous 
                                evaluations; and
                                    ``(II) may withhold a grant under 
                                this subsection, if the Administrator 
                                determines that the applicant has 
                                failed to provide the information 
                                required to be provided under this 
                                paragraph, or the information provided 
                                by the applicant is inadequate.
                    ``(D) Notification.--Not later than 60 days after 
                the date of each deadline to submit applications, the 
                Administrator shall approve or deny any application 
                under this paragraph and notify the applicant for each 
                such application of the approval or denial.
                    ``(E) Record retention.--The Administrator shall 
                maintain a copy of each application submitted under 
                this paragraph for not less than 7 years.''; and
                    (B) by striking paragraph (5) and inserting the 
                following:
            ``(5) Award to previous recipients.--There shall be no 
        limitation on the number of times the Administrator may award a 
        grant to an applicant under this subsection.''.
    (b) Technical and Conforming Amendments.--
            (1) In general.--Section 29 of the Small Business Act (15 
        U.S.C. 656) is amended--
                    (A) in subsection (h)(2), by striking ``to award a 
                contract (as a sustainability grant) under subsection 
                (l) or'';
                    (B) in subsection (j)(1), by striking ``The 
                Administration'' and inserting ``Not later than 
                November 1 of each year, the Administrator'';
                    (C) in subsection (k)--
                            (i) by striking paragraphs (1), (2), and 
                        (4);
                            (ii) by redesignating paragraph (3) as 
                        paragraph (4); and
                            (iii) by inserting before paragraph (4), as 
                        so redesignated, the following:
            ``(1) In general.--There are authorized to be appropriated 
        to the Administration to carry out this section, to remain 
        available until expended, $14,500,000 for each of fiscal years 
        2013, 2014, and 2015.
            ``(2) Use of funds.--Amounts made available under this 
        subsection may only be used for grant awards and may not be 
        used for costs incurred by the Administration in connection 
        with the management and administration of the program under 
        this section.
            ``(3) Continuing grant and cooperative agreement 
        authority.--
                    ``(A) Prompt disbursement.--Upon receiving funds to 
                carry out this section for a fiscal year, the 
                Administrator shall, to the extent practicable, 
                promptly reimburse funds to any women's business center 
                awarded financial assistance under this section if the 
                center meets the eligibility requirements under this 
                section.
                    ``(B) Suspension or termination.--If the 
                Administrator has entered into a grant or cooperative 
                agreement with a women's business center under this 
                section, the Administrator may not suspend or terminate 
                the grant or cooperative agreement, unless the 
                Administrator--
                            ``(i) provides the women's business center 
                        with written notification setting forth the 
                        reasons for that action; and
                            ``(ii) affords the women's business center 
                        an opportunity for a hearing, appeal, or other 
                        administrative proceeding under chapter 5 of 
                        title 5, United States Code.'';
                    (D) in subsection (m)--
                            (i) in paragraph (2), by striking 
                        ``subsection (b) or (l)'' and inserting ``this 
                        subsection or subsection (b)''; and
                            (ii) in paragraph (4)(D), by striking ``or 
                        subsection (l)''; and
                    (E) by redesignating subsections (m) and (n), as 
                amended by this Act, as subsections (l) and (m), 
                respectively.
            (2) Prospective repeal.--Section 1401(c)(2) of the Small 
        Business Jobs Act of 2010 (15 U.S.C. 636 note) is amended--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) by redesignating paragraph (6), as added by 
                section 424(a)(3)(E) of the Women's Small Business 
                Ownership Act of 2012, as paragraph (5).''.
    (c) Effect on Existing Grants.--
            (1) Terms and conditions.--A nonprofit organization 
        receiving a grant under section 29(m) of the Small Business Act 
        (15 U.S.C. 656(m)), as in effect on the day before the date of 
        enactment of this Act, shall continue to receive the grant 
        under the terms and conditions in effect for the grant on the 
        day before the date of enactment of this Act, except that the 
        nonprofit organization may not apply for a renewal of the grant 
        under section 29(m)(5) of the Small Business Act (15 U.S.C. 
        656(m)(5)), as in effect on the day before the date of 
        enactment of this Act.
            (2) Length of renewal grant.--The Administrator may award a 
        grant under section 29(l) of the Small Business Act, as so 
        redesignated by subsection (b)(1)(E) of this section, to a 
        nonprofit organization receiving a grant under section 29(m) of 
        the Small Business Act (15 U.S.C. 656(m)), as in effect on the 
        day before the date of enactment of this Act, for the period--
                    (A) beginning on the day after the last day of the 
                grant agreement under such section 29(m); and
                    (B) ending at the end of the third fiscal year 
                beginning after the date of enactment of this Act.

SEC. 425. STUDY AND REPORT ON ECONOMIC ISSUES FACING WOMEN'S BUSINESS 
              CENTERS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a broad study of the unique economic issues facing women's 
business centers located in covered areas to identify--
            (1) the difficulties such centers face in raising non-
        Federal funds;
            (2) the difficulties such centers face in competing for 
        financial assistance, non-Federal funds, or other types of 
        assistance;
            (3) the difficulties such centers face in writing grant 
        proposals; and
            (4) other difficulties such centers face because of the 
        economy in the type of covered area in which such centers are 
        located.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report 
containing the results of the study under subsection (a), which shall 
include recommendations, if any, regarding how to--
            (1) address the unique difficulties women's business 
        centers located in covered areas face because of the type of 
        covered area in which such centers are located;
            (2) expand the presence of, and increase the services 
        provided by, women's business centers located in covered areas; 
        and
            (3) best use technology and other resources to better serve 
        women business owners located in covered areas.
    (c) Definition of Covered Area.--In this section, the term 
``covered area'' means--
            (1) any State that is predominantly rural, as determined by 
        the Administrator;
            (2) any State that is predominantly urban, as determined by 
        the Administrator; and
            (3) any State or territory that is an island.

SEC. 426. STUDY AND REPORT ON OVERSIGHT OF WOMEN'S BUSINESS CENTERS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the oversight of women's business centers by the 
Administrator, which shall include--
            (1) an analysis of the coordination by the Administrator of 
        the activities of women's business centers with the activities 
        of small business development centers, the Service Corps of 
        Retired Executives, and Veterans Business Outreach Centers;
            (2) a comparison of the types of individuals and small 
        business concerns served by women's business centers and the 
        types of individuals and small business concerns served by 
        small business development centers, the Service Corps of 
        Retired Executives, and Veterans Business Outreach Centers; and
            (3) an analysis of performance data for women's business 
        centers that evaluates how well women's business centers are 
        carrying out the mission of women's business centers and 
        serving individuals and small business concerns.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report 
containing the results of the study under subsection (a), which shall 
include recommendations, if any, for eliminating the duplication of 
services provided by women's business centers, small business 
development centers, the Service Corps of Retired Executives, and 
Veterans Business Outreach Centers.

 Subtitle C--Strengthening America's Small Business Development Centers

SEC. 431. INSTITUTIONS OF HIGHER EDUCATION.

    Section 21 of the Small Business Act (15 U.S.C. 648) is amended--
            (1) in subsection (a)(1), by striking ``: Provided, That'' 
        and all that follows through ``on such date.'' and inserting 
        the following: ``. On and after December 31, 2013, the 
        Administrator may only make a grant under this paragraph to an 
        applicant that is an institution of higher education, as 
        defined in section 101(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1001(a)), that is accredited (and not merely in 
        preaccreditation status) by a nationally recognized accrediting 
        agency or association recognized by the Secretary of Education 
        for such purpose in accordance with section 496 of that Act (20 
        U.S.C. 1099b).''; and
            (2) in subsection (c)(3)(K), by inserting ``public and 
        private institutions of higher education (including 
        universities, community colleges, and junior colleges),'' 
        before ``local and regional private consultants''.

SEC. 432. UPDATING FUNDING LEVELS FOR SMALL BUSINESS DEVELOPMENT 
              CENTERS.

    (a) Minimum Funding Levels.--Section 21(a)(4)(C) of the Small 
Business Act (15 U.S.C. 648(a)(4)(C)) is amended--
            (1) in clause (iii)--
                    (A) by striking ``$90,000,000'' each place that 
                term appears and inserting ``$98,500,000'';
                    (B) by striking ``$81,500,000'' each place that 
                term appears and inserting ``$90,000,000''; and
                    (C) by striking ``$500,000'' each place that term 
                appears and inserting ``$600,000'';
            (2) in clause (v)(II), by striking ``if the usage'' and all 
        that follows through the end of the subclause and inserting a 
        period; and
            (3) in clause (v), by striking subclause (I) and inserting 
        the following:
                                    ``(I) In general.--Of the amounts 
                                made available in any fiscal year to 
                                carry out this section--
                                            ``(aa) not more than 
                                        $50,000 may be used by the 
                                        Administration to pay the 
                                        expenses enumerated in 
                                        subparagraph (B) of section 
                                        20(a)(1);
                                            ``(bb) not more than 
                                        $500,000 may be used by the 
                                        Administration to pay the 
                                        expenses enumerated in 
                                        subparagraph (C) of section 
                                        20(a)(1); and
                                            ``(cc) not more than 
                                        $250,000 may be used by the 
                                        Administration to pay the 
                                        expenses enumerated in 
                                        subparagraph (D) of section 
                                        20(a)(1).''.
    (b) Authorization of Appropriations.--Section 21(a)(4)(C)(vii) of 
the Small Business Act (15 U.S.C. 648(a)(4)(C)(vii)) is amended to read 
as follows:
                            ``(vii) Authorization of appropriations.--
                        There are authorized to be appropriated to 
                        carry out this subparagraph--
                                    ``(I) $135,000,000 for fiscal year 
                                2013;
                                    ``(II) $135,000,000 for fiscal year 
                                2014; and
                                    ``(III) $135,000,000 for fiscal 
                                year 2015.''.

SEC. 433. ASSISTANCE TO OUT-OF-STATE SMALL BUSINESSES.

    Section 21(b)(3) of the Small Business Act (15 U.S.C. 648(b)(3)) is 
amended--
            (1) by striking ``(3) At the discretion'' and inserting the 
        following:
    ``(3) Assistance to Out-of-State Small Businesses.--
            ``(A) In general.--At the discretion''.
            (2) by adding at the end the following:
            ``(B) Disaster recovery assistance.--
                    ``(i) In general.--At the discretion of the 
                Administrator, the Administrator may authorize a small 
                business development center to provide assistance, as 
                described in subsection (c), to small business concerns 
                located outside of the State, without regard to 
                geographic proximity, if the small business concerns 
                are located in an area for which the President has 
                declared a major disaster under section 401 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170), during the period of 
                the declaration.
                    ``(ii) Continuity of services.--A small business 
                development center that provides counselors to an area 
                described in clause (i) shall, to the maximum extent 
                practicable, ensure continuity of services in any State 
                in which the small business development center 
                otherwise provides services.
                    ``(iii) Access to disaster recovery facilities.--
                For purposes of this subparagraph, the Administrator 
                shall, to the maximum extent practicable, permit the 
                personnel of a small business development center to use 
                any site or facility designated by the Administrator 
                for use to provide disaster recovery assistance.''.

SEC. 434. TERMINATION OF SMALL BUSINESS DEVELOPMENT CENTER DEFENSE 
              ECONOMIC TRANSITION ASSISTANCE.

    (a) In General.--Section 21(c)(3) of the Small Business Act (15 
U.S.C. 648(c)(3)) is amended--
            (1) by striking subparagraph (G); and
            (2) by redesignating subparagraphs (H) through (T) as 
        subparagraphs (G) through (S), respectively.
    (b) Technical and Conforming Amendments.--Section 21(a) of the 
Small Business Act (15 U.S.C. 648(a)) is amended--
            (1) in paragraph (4)(C)(vi), by striking ``or (c)(3)(G)''; 
        and
            (2) in paragraph (6), by striking ``subparagraphs (B) 
        through (G) of subsection (c)(3)'' and inserting 
        ``subparagraphs (B) through (F) of subsection (c)(3)''.
    (c) Existing Grants.--Nothing in this section shall affect any 
grant made to a small business development center before the date of 
enactment of this Act under section 21(c)(3)(G) of the Small Business 
Act (15 U.S.C. 648(c)(3)(G)), as in effect on the day before the date 
of enactment of this Act, and any such grant shall be subject to such 
section 21(c)(3)(G), as in effect on the day before the date of 
enactment of this Act.

SEC. 435. NATIONAL SMALL BUSINESS DEVELOPMENT CENTER ADVISORY BOARD.

    (a) In General.--Section 21(i)(1) of the Small Business Act (15 
U.S.C. 648(i)(1)) is amended--
            (1) in the first sentence, by striking ``nine members'' and 
        inserting ``10 members'';
            (2) in the second sentence, by striking ``six'' and 
        inserting ``the members who are not from universities or their 
        affiliates'';
            (3) by striking the third sentence; and
            (4) in the fourth sentence--
                    (A) by striking ``Succeeding Boards'' and inserting 
                ``The members of the Board''; and
                    (B) by inserting ``not less than'' before ``one-
                third''.
    (b) Incumbents.--An individual serving as a member of the National 
Small Business Development Center Advisory Board on the date of 
enactment of this Act may continue to serve on the Board until the end 
of the term of the member under section 21(i)(1) of the Small Business 
Act (15 U.S.C. 648(i)(1)), as in effect on the day before such date of 
enactment.

SEC. 436. REPEAL OF PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM.

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

  Subtitle D--Terminating the National Veterans Business Development 
                              Corporation

SEC. 441. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.

    (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is 
amended by striking section 33 (15 U.S.C. 657c).
    (b) Corporation.--On and after the date of enactment of this Act, 
the National Veterans Business Development Corporation and any 
successor thereto may not represent that the corporation is federally 
chartered or in any other manner authorized by the Federal Government.
    (c) Technical and Conforming Amendments.--
            (1) Small business act.--The Small Business Act (15 U.S.C. 
        631 et seq.), as amended by this section, is amended--
                    (A) by redesignating sections 34 through 45 as 
                sections 33 through 44, respectively;
                    (B) in section 9(k)(1)(D) (15 U.S.C. 638(k)(1)(D)), 
                by striking ``section 34(d)'' and inserting ``section 
                33(d)'';
                    (C) in section 33 (15 U.S.C. 657d), as so 
                redesignated--
                            (i) by striking ``section 35'' each place 
                        it appears and inserting ``section 34'';
                            (ii) in subsection (a)--
                                    (I) in paragraph (2), by striking 
                                ``section 35(c)(2)(B)'' and inserting 
                                ``section 34(c)(2)(B)'';
                                    (II) in paragraph (4), by striking 
                                ``section 35(c)(2)'' and inserting 
                                ``section 34(c)(2)''; and
                                    (III) in paragraph (5), by striking 
                                ``section 35(c)'' and inserting 
                                ``section 34(c)''; and
                            (iii) in subsection (h)(2), by striking 
                        ``section 35(d)'' and inserting ``section 
                        34(d)'';
                    (D) in section 34 (15 U.S.C. 657e), as so 
                redesignated--
                            (i) by striking ``section 34'' each place 
                        it appears and inserting ``section 33''; and
                            (ii) in subsection (c)(1), by striking 
                        section ``34(c)(1)(E)(ii)'' and inserting 
                        section ``33(c)(1)(E)(ii)'';
                    (E) in section 36(d) (15 U.S.C. 657i(d)), as so 
                redesignated, by striking ``section 43'' and inserting 
                ``section 42'';
                    (F) in section 39(d) (15 U.S.C. 657l(d)), as so 
                redesignated, by striking ``section 43'' and inserting 
                ``section 42''; and
                    (G) in section 40(b) (15 U.S.C. 657m(b)), as so 
                redesignated, by striking ``section 43'' and inserting 
                ``section 42''.
            (2) Title 10.--Section 1142(b)(13) of title 10, United 
        States Code, is amended by striking ``and the National Veterans 
        Business Development Corporation''.
            (3) Title 38.--Section 3452(h) of title 38, United States 
        Code, is amended by striking ``any of the'' and all that 
        follows and inserting ``any small business development center 
        described in section 21 of the Small Business Act (15 U.S.C. 
        648), insofar as such center offers, sponsors, or cosponsors an 
        entrepreneurship course, as that term is defined in section 
        3675(c)(2).''.
            (4) Food, conservation, and energy act of 2008.--Section 
        12072(c)(2) of the Food, Conservation, and Energy Act of 2008 
        (15 U.S.C. 636g(c)(2)) is amended by striking ``section 43 of 
        the Small Business Act, as added by this Act'' and inserting 
        ``section 42 of the Small Business Act (15 U.S.C. 657o)''.
            (5) Veterans entrepreneurship and small business 
        development act of 1999.--Section 203(c)(5) of the Veterans 
        Entrepreneurship and Small Business Development Act of 1999 (15 
        U.S.C. 657b note) is amended by striking ``In cooperation with 
        the National Veterans Business Development Corporation, 
        develop'' and inserting ``Develop''.

             Subtitle E--Expanding Women's Entrepreneurship

SEC. 451. DEFINITIONS.

    In this subtitle--
            (1) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively;
            (2) the term ``Task Force'' means the National Women's 
        High-Growth Business Bipartisan Task Force established under 
        section 452; and
            (3) the term ``small business concern owned and controlled 
        by women'' has the meaning given that term in section 3(n) of 
        the Small Business Act (15 U.S.C. 632(n)).

SEC. 452. NATIONAL WOMEN'S HIGH-GROWTH BUSINESS BIPARTISAN TASK FORCE.

    (a) Establishment.--There is established the National Women's High-
Growth Business Bipartisan Task Force, which shall serve as an 
independent source of advice, research, and policy recommendations to--
            (1) the Administrator;
            (2) the Assistant Administrator of the Office of Women's 
        Business Ownership of the Administration;
            (3) Congress;
            (4) the President; and
            (5) other Federal departments and agencies.
    (b) Membership.--
            (1) Number of members.--The Task Force shall be composed of 
        15 members, of which--
                    (A) 8 shall be individuals who own small business 
                concerns owned and controlled by women, including not 
                fewer than 2 individuals who own small business 
                concerns owned and controlled by women in industries in 
                which women are traditionally underrepresented;
                    (B) 2 shall be individuals having expertise 
                conducting research on women's business, women's 
                entrepreneurship, new business development by women, 
                and high-growth business development; and
                    (C) 5 shall be individuals who represent women's 
                business organizations, including women's business 
                centers and women's business advocacy groups.
            (2) Appointment of members.--
                    (A) Owners of small business concerns owned and 
                controlled by women.--Of the members of the Task Force 
                described in paragraph (1)(A)--
                            (i) 2 shall be appointed by the Chairperson 
                        of the Committee on Small Business and 
                        Entrepreneurship of the Senate;
                            (ii) 2 shall be appointed by the Ranking 
                        Member of the Committee on Small Business and 
                        Entrepreneurship of the Senate;
                            (iii) 2 shall be appointed by the 
                        Chairperson of the Committee on Small Business 
                        of the House of Representatives; and
                            (iv) 2 shall be appointed by the Ranking 
                        Member of the Committee on Small Business of 
                        the House of Representatives.
                    (B) Other members.--The members of the Task Force 
                described in subparagraphs (B) and (C) of paragraph (1) 
                shall be appointed by the Administrator.
                    (C) Initial appointments.--The individuals 
                described in subparagraphs (A) and (B) shall appoint 
                the initial members of the Task Force not later than 90 
                days after the date of enactment of this Act.
                    (D) Geographic considerations.--In making an 
                appointment under this paragraph, the individuals 
                described in subparagraphs (A) and (B) shall give 
                consideration to the geographic areas of the United 
                States in which the members of the Task Force live and 
                work, particularly to ensure that rural areas are 
                represented on the Task Force.
                    (E) Political affiliation.--Not more than 8 members 
                of the Task Force may be members of the same political 
                party.
            (3) Chairperson.--
                    (A) Election of chairperson.--The members of the 
                Task Force shall elect 1 member of the Task Force as 
                Chairperson of the Task Force.
                    (B) Vacancies.--Any vacancy in the position of 
                Chairperson of the Task Force shall be filled by the 
                Task Force at the first meeting of the Task Force after 
                the date on which the vacancy occurs.
            (4) Term of service.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term of service of each member of the Task 
                Force shall be 3 years.
                    (B) Terms of initial appointees.--Of the members of 
                the Task Force first appointed after the date of 
                enactment of this Act--
                            (i) 6 shall be appointed for a term of 4 
                        years, including--
                                    (I) 1 member appointed by the 
                                individuals described in each of 
                                clauses (i), (ii), (iii), and (iv) of 
                                paragraph (2)(A); and
                                    (II) 2 members appointed by the 
                                Administrator; and
                            (ii) 5 shall be appointed for a term of 5 
                        years, including--
                                    (I) 1 member appointed by the 
                                individuals described in each of 
                                clauses (i), (ii), (iii), and (iv) of 
                                paragraph (2)(A); and
                                    (II) 1 member appointed by the 
                                Administrator.
            (5) Vacancies.--A vacancy on the Task Force shall be filled 
        not later than 30 days after the date on which the vacancy 
        occurs, in the manner in which the original appointment was 
        made, and shall be subject to any conditions that applied to 
        the original appointment. An individual chosen to fill a 
        vacancy shall be appointed for the unexpired term of the member 
        replaced.
            (6) Prohibition on federal employment.--
                    (A) In general.--Except as provided in subparagraph 
                (B), no member of the Task Force may serve as an 
                officer or employee of the United States.
                    (B) Exception.--A member of the Task Force who 
                accepts a position as an officer or employee of the 
                United States after appointment to the Task Force may 
                continue to serve on the Task Force for not more than 
                30 days after the date of such acceptance.
            (7) Compensation and expenses.--
                    (A) No compensation.--Each member of the Task Force 
                shall serve without compensation.
                    (B) Expenses.--The Administrator shall reimburse 
                the members of the Task Force for travel and 
                subsistence expenses in accordance with section 5703 of 
                title 5, United States Code.
    (c) Duties.--The Task Force shall--
            (1) review and monitor plans and programs developed in the 
        public and private sectors that affect the ability of small 
        business concerns owned and controlled by women to obtain 
        capital and credit and to access markets, and provide advice on 
        improving coordination between such plans and programs;
            (2) monitor and promote the plans, programs, and operations 
        of the Federal departments and agencies that contribute to the 
        formation and development of small business concerns owned and 
        controlled by women, and make recommendations to Federal 
        departments and agencies concerning the coordination of such 
        plans, programs, and operations;
            (3) develop and promote initiatives, policies, programs, 
        and plans designed to encourage the formation of startups and 
        high-growth small business concerns owned and controlled by 
        women;
            (4) advise the Administrator on the development and 
        implementation of an annual comprehensive plan for joint 
        efforts by the public and private sectors to facilitate the 
        formation and development of startups and high-growth small 
        business concerns owned and controlled by women; and
            (5) examine the link between women who own small business 
        concerns and intellectual property, including--
                    (A) the number of patents, trademarks, and 
                copyrights granted to women; and
                    (B) the challenges faced by high-growth small 
                business concerns owned and controlled by women in 
                obtaining and enforcing intellectual property rights.
    (d) Powers.--
            (1) Hearings.--The Task Force may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Task Force considers advisable to 
        carry out its duties.
            (2) Task groups.--The Task Force may, from time to time, 
        establish temporary task groups, as necessary to carry out the 
        duties of the Task Force.
            (3) Information from federal agencies.--Upon request of the 
        Chairperson of the Task Force, the head of any Federal 
        department or agency shall furnish such information to the Task 
        Force as the Task Force considers necessary to carry out its 
        duties.
            (4) Use of mails.--The Task Force may use the United States 
        mails in the same manner and under the same conditions as 
        Federal departments and agencies.
            (5) Gifts.--The Task Force may accept, use, and dispose of 
        gifts or donations of services or property.
    (e) Meetings.--
            (1) In general.--The Task Force shall meet--
                    (A) not less than 3 times each year;
                    (B) at the call of the Chairperson; and
                    (C) upon the request of--
                            (i) the Administrator;
                            (ii) the Chairperson and Ranking Member of 
                        the Committee on Small Business and 
                        Entrepreneurship of the Senate; or
                            (iii) the Chairperson and Ranking Member of 
                        the Committee on Small Business of the House of 
                        Representatives.
            (2) Participation of federal agencies.--
                    (A) Participation encouraged.--The Task Force shall 
                allow and encourage participation in meetings by 
                representatives from Federal agencies.
                    (B) Functions of representatives of federal 
                agencies.--A representative from a Federal agency--
                            (i) may be used as a resource; and
                            (ii) may not vote or otherwise act as a 
                        member of the Task Force.
            (3) Location.--Each meeting of the full Task Force shall be 
        held at the headquarters of the Administration, unless, not 
        later than 1 month before the meeting, a majority of the 
        members of the Task Force agree to meet at another location.
            (4) Support by administrator.--The Administrator shall 
        provide suitable meeting facilities and such administrative 
        support as may be necessary for each full meeting of the Task 
        Force.
    (f) Reports.--
            (1) Reports by task force.--
                    (A) Reports required.--Not later than 30 days after 
                the end of each fiscal year, the Task Force shall 
                submit to the President and to the Committee on Small 
                Business and Entrepreneurship of the Senate and the 
                Committee on Small Business of the House of 
                Representatives, a report containing--
                            (i) a detailed description of the 
                        activities of the Task Force, including a 
                        report on how the Task Force has carried out 
                        the duties described in subsection (c);
                            (ii) the findings and recommendations of 
                        the Task Force; and
                            (iii) the recommendations of the Task Force 
                        for--
                                    (I) promoting intellectual property 
                                rights for high-growth small business 
                                concerns owned and controlled by women; 
                                and
                                    (II) such legislative and 
                                administrative actions as the Task 
                                Force considers appropriate to promote 
                                the formation and development of small 
                                business concerns owned and controlled 
                                by women.
                    (B) Form of reports.--The report required under 
                subparagraph (A) shall include--
                            (i) any concurring or dissenting views of 
                        the Administrator; and
                            (ii) the minutes of each meeting of the 
                        Task Force.
            (2) Reports by chief counsel for advocacy.--
                    (A) Studies.--
                            (i) In general.--Not less frequently than 
                        twice each year, the Chief Counsel for Advocacy 
                        of the Small Business Administration, in 
                        consultation with the Task Force, shall conduct 
                        a study of an issue that is important to small 
                        business concerns owned and controlled by 
                        women.
                            (ii) Topics.--The topic of a study under 
                        clause (i) shall--
                                    (I) be an issue that the Task Force 
                                determines is critical to furthering 
                                the interests of small business 
                                concerns owned and controlled by women; 
                                and
                                    (II) relate to--
                                            (aa) Federal prime 
                                        contracts and subcontracts 
                                        awarded to small business 
                                        concerns owned and controlled 
                                        by women;
                                            (bb) access to credit and 
                                        investment capital by women 
                                        entrepreneurs;
                                            (cc) acquiring and 
                                        enforcing intellectual property 
                                        rights; or
                                            (dd) any other issue 
                                        relating to small business 
                                        concerns owned and controlled 
                                        by women that the Task Force 
                                        determines is appropriate.
                            (iii) Contracting.--In conducting a study 
                        under this subparagraph, the Chief Counsel may 
                        contract with a public or private entity.
                    (B) Report.--The Chief Counsel for Advocacy shall--
                            (i) submit a report containing the results 
                        of each study under subparagraph (A) to the 
                        Task Force, the Committee on Small Business and 
                        Entrepreneurship of the Senate, and the 
                        Committee on Small Business of the House of 
                        Representatives; and
                            (ii) make each report submitted under 
                        clause (i) available to the public online.
    (g) Federal Advisory Committee Act.--Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task 
Force.

SEC. 453. REPEAL.

    (a) Final Reports.--Not later than 90 days after the date of 
enactment of this Act--
            (1) the Interagency Committee on Women's Business 
        Enterprise shall submit to the President and the Committee on 
        Small Business and Entrepreneurship of the Senate and the 
        Committee on Small Business of the House of Representatives a 
        report containing the information described in paragraphs (1), 
        (2), and (3) of section 404 of the Women's Business Ownership 
        Act of 1988 (15 U.S.C. 7104), as in effect on the day before 
        the date of enactment of this Act; and
            (2) the National Women's Business Council shall submit to 
        the President and the Committee on Small Business and 
        Entrepreneurship of the Senate and the Committee on Small 
        Business of the House of Representatives a report containing 
        the information described in subparagraphs (A), (B), and (C) of 
        section 406(d)(6) of the Women's Business Ownership Act of 1988 
        (15 U.S.C. 7106), as in effect on the day before the date of 
        enactment of this Act.
    (b) Repeal.--The Women's Business Ownership Act of 1988 (15 U.S.C. 
631 note) is amended by striking title IV (15 U.S.C. 7101 et seq.).
    (c) Technical and Conforming Amendments.--The Small Business Act 
(15 U.S.C. 631 et seq.) is amended--
            (1) in section 8(b)(1)(G) (15 U.S.C. 637(b)(1)(G)), by 
        striking ``and to carry out the activities authorized by title 
        IV of the Women's Business Ownership Act of 1988''; and
            (2) in section 29(g) (15 U.S.C. 656(g))--
                    (A) in paragraph (1), by striking ``women's 
                business enterprises (as defined in section 408 of the 
                Women's Business Ownership Act of 1988 (15 U.S.C. 631 
                note))'' and inserting ``small business concerns owned 
                and controlled by women''; and
                    (B) in paragraph (2)(B)(ii)--
                            (i) in subclause (VI), by adding ``and'' at 
                        the end;
                            (ii) in subclause (VII), by striking the 
                        semicolon at the end and inserting a period; 
                        and
                            (iii) by striking subclauses (VIII), (IX), 
                        and (X).
    (d) Effective Date.--The amendments made by subsections (b) and (c) 
shall take effect 90 days after the date of enactment of this Act.

           Subtitle F--Improving Mentoring for Entrepreneurs

SEC. 461. DEFINITIONS.

    In this subtitle--
            (1) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively;
            (2) the term ``SCORE'' means the Service Corps of Retired 
        Executives established under section 8(b)(1) of the Small 
        Business Act (15 U.S.C. 637(b)(1));
            (3) the term ``SCORE Advisory Board'' means the SCORE 
        Advisory Board established under section 462 of this Act;
            (4) the term ``SCORE chapter'' means a chapter of the 
        Service Corps of Retired Executives; and
            (5) the term ``small business concern'' has the meaning 
        given that term under section 3 of the Small Business Act (15 
        U.S.C. 632).

SEC. 462. ESTABLISHMENT OF ADVISORY BOARD.

    (a) Establishment.--There is established the SCORE Advisory Board.
    (b) Membership.--
            (1) Composition.--The SCORE Advisory Board shall be 
        composed of 6 members, who shall be appointed from among 
        individuals having outstanding qualifications and known to be 
        familiar with and sympathetic to the needs and problems of 
        small business concerns.
            (2) Limitations.--Of the individuals appointed under 
        paragraph (1)--
                    (A) not more than 3 may be members of a SCORE 
                chapter; and
                    (B) 3 shall be owners or employees of small 
                business concerns or members of an association that 
                represents small business concerns.
            (3) Prohibition.--The members of the SCORE Advisory Board 
        may not be employees of the Federal Government.
            (4) Date.--The appointments of the members of the SCORE 
        Advisory Board shall be made not later than 90 days after the 
        date of enactment of this Act.
    (c) Terms.--
            (1) In general.--Except as provided in paragraph (2), a 
        member of the SCORE Advisory Board shall be appointed for a 
        term of 3 years.
            (2) First members.--Of the members first appointed to the 
        SCORE Advisory Board--
                    (A) 2 shall be appointed for a term of 4 years, of 
                whom 1 shall be a member described in subsection 
                (b)(2)(A) and 1 shall be a member described in 
                subsection (b)(2)(B);
                    (B) 2 shall be appointed for a term of 3 years, of 
                whom 1 shall be a member described in subsection 
                (b)(2)(A) and 1 shall be a member described in 
                subsection (b)(2)(B); and
                    (C) 2 shall be appointed for a term of 2 years, of 
                whom 1 shall be a member described in subsection 
                (b)(2)(A) and 1 shall be a member described in 
                subsection (b)(2)(B).
    (d) Vacancies.--
            (1) In general.--A vacancy on the SCORE Advisory Board 
        shall be filled in the manner in which the original appointment 
        was made and shall be subject to any conditions which applied 
        with respect to the original appointment.
            (2) Filling unexpired term.--An individual chosen to fill a 
        vacancy shall be appointed for the unexpired term of the member 
        replaced.
    (e) Initial Meeting.--Not later than 60 days after the date on 
which all members of the SCORE Advisory Board have been appointed, the 
SCORE Advisory Board shall hold its first meeting.
    (f) Meetings.--The SCORE Advisory Board shall meet--
            (1) not less frequently than semiannually; and
            (2) at the call of the Chairman.
    (g) Quorum.--A majority of the members of the SCORE Advisory Board 
shall constitute a quorum, but a lesser number of members may hold 
hearings.
    (h) Chairman.--The SCORE Advisory Board shall select a Chairman 
from among its members.

SEC. 463. DUTIES OF THE SCORE ADVISORY BOARD.

    (a) Duties.--The SCORE Advisory Board shall--
            (1) review and monitor plans and programs developed in the 
        public and private sector which affect SCORE chapters;
            (2) provide advice on improving coordination between plans 
        and programs described in paragraph (1);
            (3) advise SCORE chapters on the use of Federal funds 
        allocated to SCORE;
            (4) develop and promote initiatives, policies, programs, 
        and plans designed to assist with the mentoring services 
        offered by SCORE chapters throughout the United States; and
            (5) advise the Administrator on the development and 
        implementation of an annual comprehensive plan under subsection 
        (b).
    (b) Development of Plan.--The Administrator shall develop and 
implement an annual comprehensive plan for joint efforts by the public 
and private sectors to facilitate the formation and development of 
mentoring by SCORE volunteers.
    (c) Annual Report.--Not later than 30 days after the end of each 
fiscal year, the SCORE Advisory Board shall submit to the President, 
the Committee on Small Business and Entrepreneurship of the Senate, and 
the Committee on Small Business of the House of Representatives a 
report that contains--
            (1) the minutes of each meeting of the SCORE Advisory Board 
        during the fiscal year to which the report relates;
            (2) a detailed description of the activities of the SCORE 
        Advisory Board during the fiscal year to which the report 
        relates, including how the SCORE Advisory Board carried out the 
        duties described in subsection (a);
            (3) recommendations for promoting SCORE chapters and 
        mentoring services; and
            (4) any concurring or dissenting views of the 
        Administrator.

SEC. 464. POWERS OF THE SCORE ADVISORY BOARD.

    (a) Hearings.--The SCORE Advisory Board may hold such hearings, sit 
and act at such times and places, take such testimony, and receive such 
evidence as the SCORE Advisory Board considers advisable to carry out 
this subtitle.
    (b) Task Groups.--The SCORE Advisory Board may establish a 
temporary task group to carry out any duty of the SCORE Advisory Board 
described in section 463 of this Act.
    (c) Information From Federal Agencies.--The SCORE Advisory Board 
may secure directly from any Federal department or agency such 
information as the SCORE Advisory Board considers necessary to carry 
out this Act. Upon request of the Chairman of the SCORE Advisory Board, 
the head of such department or agency shall furnish such information to 
the SCORE Advisory Board.
    (d) Postal Services.--The SCORE Advisory Board may use the United 
States mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (e) Gifts.--The SCORE Advisory Board may accept, use, and dispose 
of gifts or donations of services or property.

SEC. 465. SCORE ADVISORY BOARD PERSONNEL MATTERS.

    (a) Compensation.--Members of the SCORE Advisory Board shall not be 
compensated for services performed on behalf of the SCORE Advisory 
Board.
    (b) Travel Expenses.--The members of the SCORE Advisory Board shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
SCORE Advisory Board.
    (c) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the SCORE Advisory Board without 
reimbursement, and such detail shall be without interruption or loss of 
civil service status or privilege.

SEC. 466. INAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT TO THE 
              SCORE ADVISORY BOARD.

    Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply with respect to the SCORE Advisory Board.

SEC. 467. FUNDING.

    The expenses of the SCORE Advisory Board, including expenses 
relating to personnel, as described in section 465, shall be paid by 
SCORE, from amounts made available to SCORE to carry out section 
8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)).

SEC. 468. REAUTHORIZATION.

    Section 20 of the Small Business Act (15 U.S.C. 631 note) is 
amended--
            (1) by redesignating subsection (j) as subsection (f); and
            (2) by adding at the end the following:
    ``(g) SCORE Program.--The Administrator may make grants and enter 
into cooperative agreements to carry out the SCORE program authorized 
by section 8(b)(1) in a total amount that does not exceed $7,000,000 
for each of fiscal years 2013, 2014, and 2015.''.

SEC. 469. CHIEF EXECUTIVE OFFICER OF SCORE.

    (a) Limitation on Amount of Salary.--The rate of basic pay of the 
chief executive officer of SCORE may not exceed the maximum rate of 
basic pay established under section 5382 of title 5, United States 
Code, for a position in the Senior Executive Service.
    (b) Federal Share of Salary.--For any year during which the chief 
executive officer of SCORE serves in a leadership capacity on a 
foundation affiliated with SCORE, the Federal share of the basic pay of 
the chief executive officer of SCORE may not exceed 80 percent.

SEC. 470. ALLOCATION COMMITTEE.

    (a) Establishment.--SCORE shall establish a committee to determine 
the amount allocated each year to each SCORE chapter.
    (b) Members.--The members of the committee established under 
subsection (a) shall include--
            (1) 1 member of the staff of SCORE who is not the chief 
        executive officer of SCORE; and
            (2) not fewer than 4 members of the SCORE Advisory Board.

SEC. 471. ALLOCATION OF AMOUNTS.

    SCORE shall establish a method for allocating amounts received by 
SCORE from the Federal Government, which shall--
            (1) ensure that not less than 50 percent of the amounts are 
        allocated to SCORE chapters; and
            (2) be subject to the approval of the Administrator and the 
        committee established under section 203.

SEC. 472. GAO STUDY AND REPORT.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the technology activities of SCORE that includes an 
examination of each expenditure by SCORE for technology activities and 
the result of each such expenditure.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to Congress and the 
Administrator a report that contains--
            (1) a detailed description of the amounts SCORE has 
        expended for technology activities, including how SCORE 
        expended Federal funds to carry out and sustain technology 
        initiatives during the 4-year period ending on the date of 
        enactment of this Act;
            (2) a determination of whether SCORE has expended Federal 
        funds efficiently and effectively to carry out technology 
        activities;
            (3) an evaluation of--
                    (A) how well SCORE has met objectives relating to 
                technology spending; and
                    (B) the policy that resulted in the establishment 
                of objectives relating to technology spending; and
            (4) recommendations for actions by SCORE to achieve 
        objectives relating to technology spending while safeguarding 
        Federal funds.

               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.

    (a) Maximum Bond Amount.--Section 411(a)(1) of the Small Business 
Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended by striking 
``does not exceed'' and all that follows and inserting ``does not 
exceed $5,000,000.''.
    (b) Denial of Liability.--Section 411(e)(2) of the Small Business 
Investment Act of 1958 (15 U.S.C. 694b(e)(2)) is amended by striking 
``bonds exceeds'' and all that follows and inserting ``bonds exceeds 
$5,000,000,''.

        Subtitle B--Small Business Contracting Fraud Prevention

SEC. 521. SHORT TITLE.

    This subtitle may be cited as the ``Small Business Contracting 
Fraud Prevention Act of 2012''.

SEC. 522. DEFINITIONS.

    In this subtitle--
            (1) the term ``8(a) program'' means the program under 
        section 8(a) of the Small Business Act (15 U.S.C. 637(a));
            (2) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively;
            (3) the terms ``HUBZone'' and ``HUBZone small business 
        concern'' and ``HUBZone map'' have the meanings given those 
        terms in section 3(p) of the Small Business Act (15 U.S.C. 
        632(p)), as amended by this Act; and
            (4) the term ``recertification'' means a determination by 
        the Administrator that a business concern that was previously 
        determined to be a qualified HUBZone small business concern is 
        a qualified HUBZone small business concern under section 
        3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)).

SEC. 523. FRAUD DETERRENCE AT THE SMALL BUSINESS ADMINISTRATION.

    Section 16 of the Small Business Act (15 U.S.C. 645) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``Whoever'' and all that 
                        follows through ``oneself or another'' and 
                        inserting the following: ``A person shall be 
                        subject to the penalties and remedies described 
                        in paragraph (2) if the person misrepresents 
                        the status of any concern or person as a small 
                        business concern, a qualified HUBZone small 
                        business concern, a small business concern 
                        owned and controlled by socially and 
                        economically disadvantaged individuals, a small 
                        business concern owned and controlled by women, 
                        or a small business concern owned and 
                        controlled by service-disabled veterans, in 
                        order to obtain for any person'';
                            (ii) by amending subparagraph (A) to read 
                        as follows:
            ``(A) prime contract, subcontract, grant, or cooperative 
        agreement to be awarded under subsection (a) or (m) of section 
        8, or section 9, 15, 31, or 35;'';
                            (iii) by striking subparagraph (B);
                            (iv) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (B) and (C), respectively; 
                        and
                            (v) in subparagraph (C), as so 
                        redesignated, by striking ``, shall be'' and 
                        all that follows and inserting a period;
                    (B) in paragraph (2)--
                            (i) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (D) and (E), respectively; 
                        and
                            (ii) by inserting after subparagraph (B) 
                        the following:
            ``(C) be subject to the civil remedies under subchapter III 
        of chapter 37 of title 31, United States Code (commonly known 
        as the `False Claims Act');''; and
                    (C) by adding at the end the following:
    ``(3)(A) In the case of a violation of paragraph (1)(A) or 
subsection (g) or (h), for purposes of a proceeding described in 
subparagraph (A) or (C) of paragraph (2), the amount of the loss to the 
Federal Government or the damages sustained by the Federal Government, 
as applicable, shall be an amount equal to the amount that the Federal 
Government paid to the person that received a contract, grant, or 
cooperative agreement described in paragraph (1)(A), (g), or (h), 
respectively.
    ``(B) In the case of a violation of subparagraph (B) or (C) of 
paragraph (1), for the purpose of a proceeding described in 
subparagraph (A) or (C) of paragraph (2), the amount of the loss to the 
Federal Government or the damages sustained by the Federal Government, 
as applicable, shall be an amount equal to the portion of any payment 
by the Federal Government under a prime contract that was used for a 
subcontract described in subparagraph (B) or (C) of paragraph (1), 
respectively.
    ``(C) In a proceeding described in subparagraph (A) or (B), no 
credit shall be applied against any loss or damages to the Federal 
Government for the fair market value of the property or services 
provided to the Federal Government.'';
            (2) by striking subsection (e) and inserting the following:
    ``(e) Any representation of the status of any concern or person as 
a small business concern, a HUBZone small business concern, a small 
business concern owned and controlled by socially and economically 
disadvantaged individuals, a small business concern owned and 
controlled by women, or a small business concern owned and controlled 
by service-disabled veterans, in order to obtain any prime contract, 
subcontract, grant, or cooperative agreement described in subsection 
(d)(1) shall be made in writing or through the Online Representations 
and Certifications Application process required under section 4.1201 of 
the Federal Acquisition Regulation, or any successor thereto.''; and
            (3) by adding at the end the following:
    ``(g) A person shall be subject to the penalties and remedies 
described in subsection (d)(2) if the person misrepresents the status 
of any concern or person as a small business concern, a qualified 
HUBZone small business concern, a small business concern owned and 
controlled by socially and economically disadvantaged individuals, a 
small business concern owned and controlled by women, or a small 
business concern owned and controlled by service-disabled veterans--
            ``(1) in order to allow any person to participate in any 
        program of the Administration; or
            ``(2) in relation to a protest of a contract award or 
        proposed contract award made under regulations issued by the 
        Administration.
    ``(h)(1) A person that submits a request for payment on a contract 
or subcontract that is awarded under subsection (a) or (m) of section 
8, or section 9, 15, 31, or 35, shall be deemed to have submitted a 
certification that the person complied with regulations issued by the 
Administration governing the percentage of work that the person is 
required to perform on the contract or subcontract, unless the person 
states, in writing, that the person did not comply with the 
regulations.
    ``(2) A person shall be subject to the penalties and remedies 
described in subsection (d)(2) if the person--
            ``(A) uses the services of a business other than the 
        business awarded the contract or subcontract to perform a 
        greater percentage of work under a contract than is permitted 
        by regulations issued by the Administration; or
            ``(B) willfully participates in a scheme to circumvent 
        regulations issued by the Administration governing the 
        percentage of work that a contractor is required to perform on 
        a contract.''.

SEC. 524. VETERANS INTEGRITY IN CONTRACTING.

    (a) Definition.--Section 3(q)(1) of the Small Business Act (15 
U.S.C. 632(q)(1)) is amended by striking ``means a veteran'' and all 
that follows and inserting the following: ``means--
                    ``(A) a veteran with a service-connected disability 
                rated by the Secretary of Veterans Affairs as zero 
                percent or more disabling; or
                    ``(B) a former member of the Armed Forces who is 
                retired, separated, or placed on the temporary 
                disability retired list for physical disability under 
                chapter 61 of title 10, United States Code.''.
    (b) Veterans Contracting.--Section 4 of the Small Business Act (15 
U.S.C. 633), as amended by this Act, is amended by adding at the end 
the following:
    ``(h) Veteran Status.--
            ``(1) In general.--A business concern seeking status as a 
        small business concern owned and controlled by service-disabled 
        veterans shall--
                    ``(A) submit an annual certification indicating 
                that the business concern is a small business concern 
                owned and controlled by service-disabled veterans by 
                means of the Online Representations and Certifications 
                Application process required under section 4.1201 of 
                the Federal Acquisition Regulation, or any successor 
                thereto; and
                    ``(B) register with--
                            ``(i) the Central Contractor Registration 
                        database maintained under subpart 4.11 of the 
                        Federal Acquisition Regulation, or any 
                        successor thereto; and
                            ``(ii) the VetBiz database of the 
                        Department of Veterans Affairs, or any 
                        successor thereto.
            ``(2) Verification of status.--
                    ``(A) Veterans affairs.--The Secretary of Veterans 
                Affairs shall determine whether a business concern 
                registered with the VetBiz database of the Department 
                of Veterans Affairs, or any successor thereto, as a 
                small business concern owned and controlled by veterans 
                or a small business concern owned and controlled by 
                service-disabled veterans is owned and controlled by a 
                veteran or a service-disabled veteran, as the case may 
                be.
                    ``(B) Federal agencies generally.--The head of each 
                Federal agency shall--
                            ``(i) for a sole source contract awarded to 
                        a small business concern owned and controlled 
                        by service-disabled veterans or a contract 
                        awarded with competition restricted to small 
                        business concerns owned and controlled by 
                        service-disabled veterans under section 35, 
                        determine whether a business concern submitting 
                        a proposal for the contract is a small business 
                        concern owned and controlled by service-
                        disabled veterans; and
                            ``(ii) use the VetBiz database of the 
                        Department of Veterans Affairs, or any 
                        successor thereto, in determining whether a 
                        business concern is a small business concern 
                        owned and controlled by service-disabled 
                        veterans.
            ``(3) Debarment and suspension.--If the Administrator 
        determines that a business concern knowingly and willfully 
        misrepresented that the business concern is a small business 
        concern owned and controlled by service-disabled veterans, the 
        Administrator may debar or suspend the business concern from 
        contracting with the United States.''.
    (c) Integration of Databases.--The Administrator for Federal 
Procurement Policy and the Secretary of Veterans Affairs shall ensure 
that data is shared on an ongoing basis between the VetBiz database of 
the Department of Veterans Affairs and the Central Contractor 
Registration database maintained under subpart 4.11 of the Federal 
Acquisition Regulation.
    (d) Effective Date.--
            (1) In general.--The amendment made by subsection (b) and 
        the requirements under subsection (c) shall take effect on the 
        date on which the Secretary of Veterans Affairs (referred to in 
        this subsection as the ``Secretary'') publishes in the Federal 
        Register a determination that the Department of Veterans 
        Affairs has the necessary resources and capacity to carry out 
        the additional responsibility of determining whether small 
        business concerns registered with the VetBiz database of the 
        Department of Veterans Affairs are owned and controlled by a 
        veteran or a service-disabled veteran, as the case may be, in 
        accordance with subsection (h) of section 4 of the Small 
        Business Act (15 U.S.C. 633), as added by subsection (b).
            (2) Timeline.--If the Secretary determines that the 
        Secretary is not able to publish the determination under 
        paragraph (1) before the date that is 1 year after the date of 
        enactment of this Act, the Secretary shall, not later than 1 
        year after the date of enactment of this Act, submit a report 
        containing an estimate of the date on which the Secretary will 
        publish the determination under paragraph (1) to the Committee 
        on Small Business and Entrepreneurship and the Committee on 
        Veterans' Affairs of the Senate and the Committee on Small 
        Business and the Committee on Veterans' Affairs of the House of 
        Representatives.

SEC. 525. SECTION 8(A) PROGRAM IMPROVEMENTS.

    (a) Review of Effectiveness.--Section 8(a) of the Small Business 
Act (15 U.S.C. 637(a)) is amended by adding at the end the following:
    ``(22) Not later than 3 years after the date of enactment of this 
paragraph, and every 3 years thereafter, the Comptroller General of the 
United States shall--
            ``(A) conduct an evaluation of the effectiveness of the 
        program under this subsection, including an examination of--
                    ``(i) the number and size of contracts applied for, 
                as compared to the number received by, small business 
                concerns after successfully completing the program;
                    ``(ii) the percentage of small business concerns 
                that continue to operate during the 3-year period 
                beginning on the date on which the small business 
                concerns successfully complete the program;
                    ``(iii) whether the business of small business 
                concerns increases during the 3-year period beginning 
                on the date on which the small business concerns 
                successfully complete the program; and
                    ``(iv) the number of training sessions offered 
                under the program; and
            ``(B) submit to the Committee on Small Business and 
        Entrepreneurship of the Senate and the Committee on Small 
        Business of the House of Representatives a report regarding 
        each evaluation under subparagraph (A).''.
    (b) Other Improvements.--In order to improve the 8(a) program, the 
Administrator shall--
            (1) not later than 90 days after the date of enactment of 
        this Act, begin to--
                    (A) evaluate the feasibility of--
                            (i) using additional third-party data 
                        sources;
                            (ii) making unannounced visits of sites 
                        that are selected randomly or using risk-based 
                        criteria;
                            (iii) using fraud detection tools, 
                        including data-mining techniques; and
                            (iv) conducting financial and analytical 
                        training for the business opportunity 
                        specialists of the Administration;
                    (B) evaluate the feasibility and advisability of 
                amending regulations applicable to the 8(a) program to 
                require that calculations of the adjusted net worth or 
                total assets of an individual include assets held by 
                the spouse of the individual; and
                    (C) develop a more consistent enforcement strategy 
                that includes the suspension or debarment of 
                contractors that knowingly make misrepresentations in 
                order to qualify for the 8(a) program; and
            (2) not later than 1 year after the date on which the 
        Comptroller General submits the report under section 
        8(a)(22)(B) of the Small Business Act, as added by subsection 
        (c), issue, in final form, proposed regulations of the 
        Administration that--
                    (A) determine the economic disadvantage of a 
                participant in the 8(a) program based on the income and 
                asset levels of the participant at the time of 
                application and annual recertification for the 8(a) 
                program; and
                    (B) limit the ability of a small business concern 
                to participate in the 8(a) program if an immediate 
                family member of an owner of the small business concern 
                is, or has been, a participant in the 8(a) program, in 
                the same industry.

SEC. 526. HUBZONE IMPROVEMENTS.

    (a) Purpose.--The purpose of this section is to reform and improve 
the HUBZone program of the Administration.
    (b) In General.--The Administrator shall--
            (1) ensure the HUBZone map is--
                    (A) accurate and up-to-date; and
                    (B) revised as new data is made available to 
                maintain the accuracy and currency of the HUBZone map;
            (2) implement policies for ensuring that only HUBZone small 
        business concerns determined to be qualified under section 
        3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) are 
        participating in the HUBZone program, including through the 
        appropriate use of technology to control costs and maximize, 
        among other benefits, uniformity, completeness, simplicity, and 
        efficiency;
            (3) submit to the Committee on Small Business and 
        Entrepreneurship of the Senate and the Committee on Small 
        Business of the House of Representatives a report regarding any 
        application to be designated as a HUBZone small business 
        concern or for recertification for which the Administrator has 
        not made a determination as of the date that is 60 days after 
        the date on which the application was submitted or initiated, 
        which shall include a plan and timetable for ensuring the 
        timely processing of the applications; and
            (4) develop measures and implement plans to assess the 
        effectiveness of the HUBZone program that--
                    (A) require the identification of a baseline point 
                in time to allow the assessment of economic development 
                under the HUBZone program, including creating 
                additional jobs; and
                    (B) take into account--
                            (i) the economic characteristics of the 
                        HUBZone; and
                            (ii) contracts being counted under multiple 
                        socioeconomic subcategories.
    (c) Employment Percentage.--Section 3(p) of the Small Business Act 
(15 U.S.C. 632(p)) is amended--
            (1) in paragraph (5), by adding at the end the following:
                    ``(E) Employment percentage during interim 
                period.--
                            ``(i) Definition.--In this subparagraph, 
                        the term `interim period' means the period 
                        beginning on the date on which the 
                        Administrator determines that a HUBZone small 
                        business concern is qualified under 
                        subparagraph (A) and ending on the day before 
                        the date on which a contract under the HUBZone 
                        program for which the HUBZone small business 
                        concern submits a bid is awarded.
                            ``(ii) Interim period.--During the interim 
                        period, the Administrator may not determine 
                        that the HUBZone small business is not 
                        qualified under subparagraph (A) based on a 
                        failure to meet the applicable employment 
                        percentage under subparagraph (A)(i)(I), unless 
                        the HUBZone small business concern--
                                    ``(I) has not attempted to maintain 
                                the applicable employment percentage 
                                under subparagraph (A)(i)(I); or
                                    ``(II) does not meet the applicable 
                                employment percentage--
                                            ``(aa) on the date on which 
                                        the HUBZone small business 
                                        concern submits a bid for a 
                                        contract under the HUBZone 
                                        program; or
                                            ``(bb) on the date on which 
                                        the HUBZone small business 
                                        concern is awarded a contract 
                                        under the HUBZone program.''; 
                                        and
            (2) by adding at the end the following:
            ``(8) Hubzone program.--The term `HUBZone program' means 
        the program established under section 31.
            ``(9) Hubzone map.--The term `HUBZone map' means the map 
        used by the Administration to identify HUBZones.''.
    (d) Redesignated Areas.--Section 3(p)(4)(C)(i) of the Small 
Business Act (15 U.S.C. 632(p)(4)(C)(i)) is amended to read as follows:
                            ``(i) 3 years after the first date on which 
                        the Administrator publishes a HUBZone map that 
                        is based on the results from the 2010 decennial 
                        census; or''.

SEC. 527. ANNUAL REPORT ON SUSPENSION, DEBARMENT, AND PROSECUTION.

    The Administrator shall submit an annual report to the Committee on 
Small Business and Entrepreneurship of the Senate and the Committee on 
Small Business of the House of Representatives that contains--
            (1) the number of debarments from participation in programs 
        of the Administration issued by the Administrator during the 1-
        year period preceding the date of the report, including--
                    (A) the number of debarments that were based on a 
                conviction; and
                    (B) the number of debarments that were fact-based 
                and did not involve a conviction;
            (2) the number of suspensions from participation in 
        programs of the Administration issued by the Administrator 
        during the 1-year period preceding the date of the report, 
        including--
                    (A) the number of suspensions issued that were 
                based upon indictments; and
                    (B) the number of suspensions issued that were 
                fact-based and did not involve an indictment;
            (3) the number of suspension and debarments issued by the 
        Administrator during the 1-year period preceding the date of 
        the report that were based upon referrals from offices of the 
        Administration, other than the Office of Inspector General;
            (4) the number of suspension and debarments issued by the 
        Administrator during the 1-year period preceding the date of 
        the report based upon referrals from the Office of Inspector 
        General; and
            (5) the number of persons that the Administrator declined 
        to debar or suspend after a referral described in paragraph 
        (8), and the reason for each such decision.

     Subtitle C--Fairness in Women-Owned Small Business Contracting

SEC. 531. SHORT TITLE.

    This subtitle may be cited as the ``Fairness in Women-Owned Small 
Business Contracting Act of 2012''.

SEC. 532. PROCUREMENT PROGRAM FOR WOMEN-OWNED SMALL BUSINESS CONCERNS.

    Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``who are 
                economically disadvantaged'';
                    (B) in subparagraph (C), by striking ``paragraph 
                (3)'' and inserting ``paragraph (4)'';
                    (C) by striking subparagraph (D); and
                    (D) by redesignating subparagraphs (E) and (F) as 
                subparagraphs (D) and (E), respectively; and
            (2) by adding at the end the following:
            ``(7) Sole source contracts.--A contracting officer may 
        award a sole source contract under this subsection to a small 
        business concern owned and controlled by women under the same 
        conditions as a sole source contract may be awarded to a 
        qualified HUBZone small business concern under section 
        31(b)(2)(A).''.

SEC. 533. STUDY AND REPORT ON REPRESENTATION OF WOMEN.

    Section 29 of the Small Business Act (15 U.S.C. 656), as amended by 
section 424 of this Act, is amended by adding at the end the following:
    ``(n) Study and Report on Representation of Women.--
            ``(1) Study.--The Administrator shall periodically conduct 
        a study to identify any United States industry, as defined 
        under the North American Industry Classification System, in 
        which women are underrepresented.
            ``(2) Report.--Not later than 5 years after the date of 
        enactment of this subsection, and every 5 years thereafter, the 
        Administrator shall submit to the Committee on Small Business 
        and Entrepreneurship of the Senate and the Committee on Small 
        Business of the House of Representatives a report on the 
        results of each study under paragraph (1) conducted during the 
        5-year period ending on the date of the report.''.

                  Subtitle D--Small Business Champion

SEC. 541. SHORT TITLE.

    This subtitle may be cited as the ``Small Business Champion Act of 
2012''.

SEC. 542. OFFICES OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION.

    (a) Appointment and Position of Director.--Section 15(k)(2) of the 
Small Business Act (15 U.S.C. 644(k)(2)) is amended by striking ``such 
agency,'' and inserting ``such agency to a position that is a Senior 
Executive Service position (as such term is defined under section 
3132(a) of title 5, United States Code), except that, for any agency in 
which the positions of Chief Acquisition Officer and senior procurement 
executive (as such terms are defined under section 43(a) of this Act) 
are not Senior Executive Service positions, the Director of Small and 
Disadvantaged Business Utilization may be appointed to a position 
compensated at not less than the minimum rate of basic pay payable for 
grade GS-15 of the General Schedule under section 5332 of such title 
(including comparability payments under section 5304 of such title);''.
    (b) Performance Appraisals.--Section 15(k)(3) of the Small Business 
Act (15 U.S.C. 644(k)(3)) is amended--
            (1) by striking ``be responsible only to, and report 
        directly to, the head'' and inserting ``shall be responsible 
        only to (including with respect to performance appraisals), and 
        report directly and exclusively to, the head''; and
            (2) by striking ``be responsible only to, and report 
        directly to, such Secretary'' and inserting ``be responsible 
        only to (including with respect to performance appraisals), and 
        report directly and exclusively to, such Secretary''.
    (c) Small Business Technical Advisers.--Section 15(k)(8)(B) of the 
Small Business Act (15 U.S.C. 644(k)(8)(B)) is amended by striking 
``and 15 of this Act,'' and inserting ``, 15, and 43 of this Act;''.
    (d) Additional Requirements.--Section 15(k) of the Small Business 
Act (15 U.S.C. 644(k)) is amended by inserting after paragraph (10) the 
following:
            ``(11) shall review and advise such agency on any decision 
        to convert an activity performed by a small business concern to 
        an activity performed by a Federal employee;
            ``(12) shall provide to the Chief Acquisition Officer and 
        senior procurement executive of such agency advice and comments 
        on acquisition strategies, market research, and justifications 
        related to section 43 of this Act;
            ``(13) may provide training to small business concerns and 
        contract specialists, except that such training may only be 
        provided to the extent that the training does not interfere 
        with the Director carrying out other responsibilities under 
        this subsection;
            ``(14) shall carry out exclusively the duties enumerated in 
        this Act, and shall, while the Director, not hold any other 
        title, position, or responsibility, except as necessary to 
        carry out responsibilities under this subsection;
            ``(15) shall submit, each fiscal year, to the Committee on 
        Small Business of the House of Representatives and the 
        Committee on Small Business and Entrepreneurship of the Senate 
        a report describing--
                    ``(A) the training provided by the Director under 
                paragraph (13) in the most recently completed fiscal 
                year;
                    ``(B) the percentage of the budget of the Director 
                used for such training in the most recently completed 
                fiscal year; and
                    ``(C) the percentage of the budget of the Director 
                used for travel in the most recently completed fiscal 
                year; and
            ``(16) shall have not less than 10 years of relevant 
        procurement experience.''.
    (e) Technical Amendments.--Section 15(k) of the Small Business Act 
(15 U.S.C. 644(k)), as amended by subsection (d), is further amended--
            (1) in the matter preceding paragraph (1) by striking ``who 
        shall'' and inserting ``who'';
            (2) in paragraph (1)--
                    (A) by striking ``be known'' and inserting ``shall 
                be known''; and
                    (B) by striking ``such agency,'' and inserting 
                ``such agency;'';
            (3) in paragraph (2) by striking ``be appointed by'' and 
        inserting ``shall be appointed by'';
            (4) in paragraph (3)--
                    (A) by striking ``director'' and inserting 
                ``Director''; and
                    (B) by striking ``Secretary's designee,'' and 
                inserting ``Secretary's designee;'';
            (5) in paragraph (4)--
                    (A) by striking ``be responsible'' and inserting 
                ``shall be responsible''; and
                    (B) by striking ``such agency,'' and inserting 
                ``such agency;'';
            (6) in paragraph (5) by striking ``identify proposed'' and 
        inserting ``shall identify proposed'';
            (7) in paragraph (6) by striking ``assist small'' and 
        inserting ``shall assist small'';
            (8) in paragraph (7)--
                    (A) by striking ``have supervisory'' and inserting 
                ``shall have supervisory''; and
                    (B) by striking ``this Act,'' and inserting ``this 
                Act;'';
            (9) in paragraph (8)--
                    (A) by striking ``assign a'' and inserting ``shall 
                assign a''; and
                    (B) by striking ``the activity, and'' and inserting 
                ``the activity; and'';
            (10) in paragraph (9)--
                    (A) by striking ``cooperate, and'' and inserting 
                ``shall cooperate, and''; and
                    (B) by striking ``subsection, and'' and inserting 
                ``subsection;''; and
            (11) in paragraph (10)--
                    (A) by striking ``make recommendations'' and 
                inserting ``shall make recommendations'';
                    (B) by striking ``subsection (a), or section'' and 
                inserting ``subsection (a), section'';
                    (C) by striking ``Act or section 2323'' and 
                inserting ``Act, or section 2323'';
                    (D) by striking ``Code. Such recommendations 
                shall'' and inserting ``Code, which shall''; and
                    (E) by striking ``contract file.'' and inserting 
                ``contract file;''.

SEC. 543. SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL.

    (a) Duties.--Section 7104(b) of the Federal Acquisition 
Streamlining Act of 1994 (15 U.S.C. 644 note) is amended--
            (1) in paragraph (1) by striking ``and'' at the end;
            (2) in paragraph (2) by striking ``authorities.'' and 
        inserting ``authorities;''; and
            (3) by adding at the end the following:
            ``(3) to conduct reviews of each Office of Small and 
        Disadvantaged Business Utilization established under section 
        15(k) of the Small Business Act (15 U.S.C. 644(k)) to determine 
        the compliance of each Office with requirements under such 
        section;
            ``(4) to identify best practices for maximizing small 
        business utilization in Federal contracting that may be 
        implemented by Federal agencies having procurement powers; and
            ``(5) to submit, annually, to the Committee on Small 
        Business of the House of Representatives and the Committee on 
        Small Business and Entrepreneurship of the Senate a report 
        describing--
                    ``(A) the comments submitted under paragraph (2) 
                during the 1-year period ending on the date on which 
                the report is submitted, including any outcomes related 
                to the comments;
                    ``(B) the results of reviews conducted under 
                paragraph (3) during such 1-year period; and
                    ``(C) best practices identified under paragraph (4) 
                during such 1-year period.''.
    (b) Membership.--Section 7104(c) of the Federal Acquisition 
Streamlining Act of 1994 (15 U.S.C. 644 note) is amended by striking 
``(established under section 15(k) of the Small Business Act (15 U.S.C. 
644(k))''.
    (c) Chairman.--Section 7104(d) of the Federal Acquisition 
Streamlining Act of 1994 (15 U.S.C. 644 note) is amended by inserting 
after ``Small Business Administration'' the following: ``(or the 
designee of the Administrator)''.

                        Subtitle E--Subcontracts

SEC. 551. SUBCONTRACTS AWARDED BY FEDERALLY FUNDED RESEARCH AND 
              DEVELOPMENT CENTERS.

    Subsection 15(g) of the Small Business Act (15 U.S.C. 644(g)) is 
amended by adding at the end the following:
    ``(3) First tier subcontracts that are awarded by a federally 
funded research and development center sponsored by a Federal agency to 
small business concerns, small business concerns owned and controlled 
by service-disabled veterans, qualified HUBZone small business 
concerns, small business concerns owned and controlled by socially and 
economically disadvantaged individuals, and small business concerns 
owned and controlled by women, shall be considered in determining 
whether the annually established agency and governmentwide goals for 
procurement contracts have been met.''.
                                 <all>
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