II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restoring Tax and 

5 Regulatory Certainty to Small Businesses Act of 2012’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 


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Sec. 2. Table of contents. 

TITLE I—SMALL BUSINESS TAX EXTENDERS 

Sec. 101. References. 

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

small business stock. 

Sec. 103. Extension of 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. 


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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. 


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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. 

1 TITLE I—SMALL BUSINESS TAX 

2 EXTENDERS 

3 SEC. 101. REFERENCES. 

4 Except as otherwise expressly provided, whenever in 

5 this title an amendment or repeal is expressed in terms 

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

8 section or other provision of the Internal Revenue Code 

9 of 1986. 

10 SEC. 102. EXTENSION OF TEMPORARY EXCLUSION OF 100 

11 PERCENT OF GAIN ON CERTAIN SMALL BUSI12 NESS STOCK. 

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

14 is amended— 


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1 (1) by striking ‘‘January 1, 2012’’ and insert2 ing ‘‘January 1, 2014’’, and 

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

4 2011, 2012, AND 2013’’ in the heading thereof. 

5 (b) TECHNICAL AMENDMENTS.— 

6 (1) SPECIAL RULE FOR 2009 AND CERTAIN PE7 RIOD IN 2010.—Paragraph (3) of section 1202(a) is 

8 amended by adding at the end the following new 

9 flush sentence: 

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

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

12 acquisition date for purposes of this subsection shall 

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

14 taxpayer determined after the application of section 

15 1223.’’. 

16 (2) 100 PERCENT EXCLUSION.—Paragraph (4) 

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

18 the following new flush sentence: 

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

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

21 acquisition date for purposes of this subsection shall 

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

23 taxpayer determined after the application of section 

24 1223.’’. 

25 (c) EFFECTIVE DATES.— 


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

2 subsection (a) shall apply to stock acquired after De3 cember 31, 2011. 

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

5 made by subsection (b)(1) shall take effect as if in6 cluded in section 1241(a) of division B of the Amer7 ican Recovery and Reinvestment Act of 2009. 

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

9 made by subsection (b)(2) shall take effect as if in10 cluded in section 2011(a) of the Creating Small 

11 Business Jobs Act of 2010. 

12 SEC. 103. EXTENSION OF ALTERNATIVE MINIMUM TAX 

13 RULES FOR GENERAL BUSINESS CREDITS OF 

14 ELIGIBLE SMALL BUSINESSES. 

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

16 38(c)(5) is amended by inserting ‘‘, 2011, or 2012’’ after 

17 ‘‘2010’’. 

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

19 is amended— 

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

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

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

23 (c) EFFECTIVE DATES.— 

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

25 subsection (a) shall apply to credits determined in 


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1 taxable years beginning after December 31, 2010, 

2 and to carrybacks of such credits. 

3 (2) TECHNICAL AMENDMENTS.—The amend4 ments made by subsection (b) shall take effect as if 

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

6 Business Jobs Act of 2010. 

7 SEC. 104. EXTENSION OF 5-YEAR CARRYBACK OF GENERAL 

8 BUSINESS CREDITS OF ELIGIBLE SMALL 

9 BUSINESSES. 

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

11 39(a)(4) is amended by inserting ‘‘or in taxable years be12 ginning in 2011, 2012, or 2013’’ after ‘‘2010’’. 

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

14 this section shall apply to credits determined in taxable 

15 years beginning after December 31, 2010. 

16 SEC. 105. EXTENSION OF REDUCTION IN S-CORP RECOGNI17 TION PERIOD FOR BUILT-IN GAINS TAX. 

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

19 is amended— 

20 (1) by redesignating subparagraph (C) as sub21 paragraph (D), and 

22 (2) by inserting after subparagraph (B) the fol23 lowing new subparagraph: 

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

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1 ginning in 2012 or 2013, subparagraphs (A) 

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

3 for ‘10-year’.’’. 

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

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

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

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

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

9 December 31, 2011. 

10 SEC. 106. EXTENSION OF INCREASED EXPENSING LIMITA11 TIONS AND TREATMENT OF CERTAIN REAL 

12 PROPERTY AS SECTION 179 PROPERTY. 

13 (a) IN GENERAL.—Section 179(b) is amended— 

14 (1) by striking ‘‘2010 or 2011’’ each place it 

15 appears in paragraph (1)(B) and (2)(B) and insert16 ing ‘‘2010, 2011, 2012, or 2013’’, 

17 (2) by striking ‘‘2012’’ each place it appears in 

18 paragraph (1)(C) and (2)(C) and inserting ‘‘2014’’, 

19 and 

20 (3) by striking ‘‘2012’’ each place it appears in 

21 paragraph (1)(D) and (2)(D) and inserting ‘‘2014’’. 

22 (b) INFLATION ADJUSTMENT.—Subparagraph (A) of 

23 section 179(b)(6) is amended by striking ‘‘2012’’ and in24 serting ‘‘2013’’. 


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1 (c) COMPUTER SOFTWARE.—Section 179(d)(1)(A)(ii) 

2 is amended by striking ‘‘2013’’ and inserting ‘‘2014’’. 

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

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

5 (e) SPECIAL RULES FOR TREATMENT OF QUALIFIED

6 REAL PROPERTY.— 

7 (1) IN GENERAL.—Section 179(f)(1) is amend8 ed by striking ‘‘2010 or 2011’’ and inserting ‘‘2010, 

9 2011, 2012, or 2013’’. 

10 (2) CARRYOVER LIMITATION.— 

11 (A) IN GENERAL.—Section 179(f)(4) is 

12 amended by striking ‘‘2011’’ each place it ap13 pears and inserting ‘‘2013’’. 

14 (B) CONFORMING AMENDMENT.—The 

15 heading for subparagraph (C) of section 

16 179(f)(4) is amended by striking ‘‘2010’’ and 

17 inserting ‘‘2010, 2011 and 2012’’. 

18 (f) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to taxable years beginning after 

20 December 31, 2011. 

21 SEC. 107. EXTENSION OF SPECIAL RULE FOR LONG-TERM 

22 CONTRACT ACCOUNTING. 

23 (a) IN GENERAL.—Clause (ii) of section 460(c)(6)(B) 

24 is amended by striking ‘‘January 1, 2011 (January 1, 


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1 2012’’ and inserting ‘‘January 1, 2014 (January 1, 

2 2015’’. 

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

4 this section shall apply to property placed in service after 

5 December 31, 2010. 

6 SEC. 108. EXTENSION OF INCREASED AMOUNT ALLOWED AS 

7 A DEDUCTION FOR START-UP EXPENDI8 TURES. 

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

10 is amended— 

11 (1) by inserting ‘‘, 2011, 2012, or 2013’’ after 

12 ‘‘2010’’, and 

13 (2) by inserting ‘‘2011, 2012, AND 2013’’ in the 

14 heading thereof. 

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

16 this section shall apply to amounts paid or incurred in tax17 able years beginning after December 31, 2010. 

18 SEC. 109. EXTENSION OF ALLOWANCE OF DEDUCTION FOR 

19 HEALTH INSURANCE IN COMPUTING SELF20 EMPLOYMENT TAXES. 

21 (a) IN GENERAL.—Paragraph (4) of section 162(l) 

22 is amended by striking ‘‘December 31, 2010’’ and insert23 ing ‘‘December 31, 2013’’. 


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

2 this section shall apply to taxable years beginning after 

3 December 31, 2010. 

4 TITLE II—REGULATORY RELIEF 

5 SEC. 201. FINDINGS. 

6 Congress finds the following: 

7 (1) A vibrant and growing small business sector 

8 is critical to the recovery of the economy of the 

9 United States. 

10 (2) Regulations designed for application to 

11 large-scale entities have been applied uniformly to 

12 small businesses and other small entities, sometimes 

13 inhibiting the ability of small entities to create new 

14 jobs. 

15 (3) Uniform Federal regulatory and reporting 

16 requirements in many instances have imposed on 

17 small businesses and other small entities unneces18 sary and disproportionately burdensome demands, 

19 including legal, accounting, and consulting costs, 

20 thereby threatening the viability of small entities 

21 and the ability of small entities to compete and cre22 ate new jobs in a global marketplace. 

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1 ferences in the scale and resources of regulated enti2 ties, but in many instances have failed to do so. 

3 (5) In 2009, there were nearly 70,000 pages in 

4 the Federal Register, and, according to research by 

5 the Office of Advocacy of the Small Business Admin6 istration, the annual cost of Federal regulations to7 tals $1,750,000,000,000. Small firms bear a dis8 proportionate burden, paying approximately 36 per9 cent more per employee than larger firms in annual 

10 regulatory compliance costs. 

11 (6) All agencies in the Federal Government 

12 should fully consider the costs, including indirect 

13 economic impacts and the potential for job loss, of 

14 proposed rules, periodically review existing regula15 tions to determine their impact on small entities, 

16 and repeal regulations that are unnecessarily dupli17 cative or have outlived their stated purpose. 

18 (7) It is the intention of Congress to amend 

19 chapter 6 of title 5, United States Code, to ensure 

20 that all impacts, including foreseeable indirect ef21 fects, of proposed and final rules are considered by 

22 agencies during the rulemaking process and that the 

23 agencies assess a full range of alternatives that will 

24 limit adverse economic consequences, enhance eco25 nomic benefits, and fully address potential job loss. 


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1 SEC. 202. INCLUDING INDIRECT ECONOMIC IMPACT IN 

2 SMALL ENTITY ANALYSES. 

3 Section 601 of title 5, United States Code, is amend4 ed by adding at the end the following: 

5 ‘‘(9) the term ‘economic impact’ means, with 

6 respect to a proposed or final rule— 

7 ‘‘(A) the economic effects on small entities 

8 directly regulated by the rule; and 

9 ‘‘(B) the reasonably foreseeable economic 

10 effects of the rule on small entities that— 

11 ‘‘(i) purchase products or services 

12 from, sell products or services to, or other13 wise conduct business with entities directly 

14 regulated by the rule; 

15 ‘‘(ii) are directly regulated by other 

16 governmental entities as a result of the 

17 rule; or 

18 ‘‘(iii) are not directly regulated by the 

19 agency as a result of the rule but are oth20 erwise subject to other agency regulations 

21 as a result of the rule.’’. 

22 SEC. 203. JUDICIAL REVIEW TO ALLOW SMALL ENTITIES TO 

23 CHALLENGE PROPOSED REGULATIONS. 

24 Section 611(a) of title 5, United States Code, is 

25 amended— 


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1 (1) in paragraph (1), by inserting ‘‘603,’’ after 

2 ‘‘601,’’; 

3 (2) in paragraph (2), by inserting ‘‘603,’’ after 

4 ‘‘601,’’; 

5 (3) by striking paragraph (3) and inserting the 

6 following: 

7 ‘‘(3) A small entity may seek such review during the 

8 1-year period beginning on the date of final agency action, 

9 except that— 

10 ‘‘(A) if a provision of law requires that an ac11 tion challenging a final agency action be commenced 

12 before the expiration of 1 year, the lesser period 

13 shall apply to an action for judicial review under this 

14 section; and 

15 ‘‘(B) in the case of noncompliance with section 

16 603 or 605(b), a small entity may seek judicial re17 view of agency compliance with such section before 

18 the close of the public comment period.’’; and 

19 (4) in paragraph (4)— 

20 (A) in subparagraph (A), by striking ‘‘, 

21 and’’ and inserting a semicolon; 

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

23 period and inserting ‘‘; or’’; and 

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


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1 ‘‘(C) issuing an injunction prohibiting an agen2 cy from taking any agency action with respect to a 

3 rulemaking until that agency is in compliance with 

4 the requirements of section 603 or 605.’’. 

5 SEC. 204. PERIODIC REVIEW. 

6 Section 610 of title 5, United States Code, is amend7 ed to read as follows: 

8 ‘‘§ 610. Periodic review of rules 

9 ‘‘(a)(1) Not later than 180 days after the date of en10 actment of the Restoring Tax and Regulatory Certainty 

11 to Small Businesses Act of 2012, each agency shall estab12 lish a plan for the periodic review of— 

13 ‘‘(A) each rule issued by the agency that the 

14 head of the agency determines has a significant eco15 nomic impact on a substantial number of small enti16 ties, without regard to whether the agency per17 formed an analysis under section 604 with respect to 

18 the rule; and 

19 ‘‘(B) any small entity compliance guide required 

20 to be published by the agency under section 212 of 

21 the Small Business Regulatory Enforcement Fair22 ness Act of 1996 (5 U.S.C. 601 note). 

23 ‘‘(2) In reviewing rules and small entity compliance 

24 guides under paragraph (1), the agency shall determine 

25 whether the rules and guides should— 


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1 ‘‘(A) be amended or rescinded, consistent with 

2 the stated objectives of applicable statutes, to mini3 mize any significant adverse economic impacts on a 

4 substantial number of small entities (including an 

5 estimate of any adverse impacts on job creation and 

6 employment by small entities); or 

7 ‘‘(B) continue in effect without change. 

8 ‘‘(3) Each agency shall publish the plan established 

9 under paragraph (1) in the Federal Register and on the 

10 Web site of the agency. 

11 ‘‘(4) An agency may amend the plan established 

12 under paragraph (1) at any time by publishing the amend13 ment in the Federal Register and on the Web site of the 

14 agency. 

15 ‘‘(b) Each plan established under subsection (a) shall 

16 provide for— 

17 ‘‘(1) the review of each rule and small entity 

18 compliance guide described in subsection (a)(1) in 

19 effect on the date of enactment of the Restoring Tax 

20 and Regulatory Certainty to Small Businesses Act of 

21 2012— 

22 ‘‘(A) not later than 9 years after the date 

23 of publication of the plan in the Federal Reg24 ister; and 

25 ‘‘(B) every 9 years thereafter; and 


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1 ‘‘(2) the review of each rule adopted and small 

2 entity compliance guide described in subsection 

3 (a)(1) that is published after the date of enactment 

4 of the Restoring Tax and Regulatory Certainty to 

5 Small Businesses Act of 2012— 

6 ‘‘(A) not later than 9 years after the publi7 cation of the final rule in the Federal Register; 

8 and 

9 ‘‘(B) every 9 years thereafter. 

10 ‘‘(c) In reviewing rules under the plan required under 

11 subsection (a), the agency shall consider— 

12 ‘‘(1) the continued need for the rule; 

13 ‘‘(2) the nature of complaints received by the 

14 agency from small entities concerning the rule; 

15 ‘‘(3) comments by the Regulatory Enforcement 

16 Ombudsman and the Chief Counsel for Advocacy of 

17 the Small Business Administration; 

18 ‘‘(4) the complexity of the rule; 

19 ‘‘(5) the extent to which the rule overlaps, du20 plicates, or conflicts with other Federal rules and, 

21 unless the head of the agency determines it to be in22 feasible, State and local rules; 

23 ‘‘(6) the contribution of the rule to the cumu24 lative economic impact of all Federal rules on the 

25 class of small entities affected by the rule, unless the 


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1 head of the agency determines that such a calcula2 tion cannot be made; 

3 ‘‘(7) the length of time since the rule has been 

4 evaluated, or the degree to which technology, eco5 nomic conditions, or other factors have changed in 

6 the area affected by the rule; and 

7 ‘‘(8) the economic impact of the rule, includ8 ing— 

9 ‘‘(A) the estimated number of small enti10 ties to which the rule will apply; 

11 ‘‘(B) the estimated number of small entity 

12 jobs that will be lost or created due to the rule; 

13 and 

14 ‘‘(C) the projected reporting, record15 keeping, and other compliance requirements of 

16 the proposed rule, including— 

17 ‘‘(i) an estimate of the classes of small 

18 entities that will be subject to the require19 ment; and 

20 ‘‘(ii) the type of professional skills 

21 necessary for preparation of the report or 

22 record. 

23 ‘‘(d)(1) Each agency shall submit an annual report 

24 regarding the results of the review required under sub25 section (a) to— 


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1 ‘‘(A) Congress; and 

2 ‘‘(B) in the case of an agency that is not an 

3 independent regulatory agency (as defined in section 

4 3502(5) of title 44), the Administrator of the Office 

5 of Information and Regulatory Affairs of the Office 

6 of Management and Budget. 

7 ‘‘(2) Each report required under paragraph (1) shall 

8 include a description of any rule or guide with respect to 

9 which the agency made a determination of infeasibility 

10 under paragraph (5) or (6) of subsection (c), together with 

11 a detailed explanation of the reasons for the determina12 tion. 

13 ‘‘(e) Each agency shall publish in the Federal Reg14 ister and on the Web site of the agency a list of the rules 

15 and small entity compliance guides to be reviewed under 

16 the plan required under subsection (a) that includes— 

17 ‘‘(1) a brief description of each rule or guide; 

18 ‘‘(2) for each rule, the reason why the head of 

19 the agency determined that the rule has a significant 

20 economic impact on a substantial number of small 

21 entities (without regard to whether the agency had 

22 prepared a final regulatory flexibility analysis for the 

23 rule); and 

24 ‘‘(3) a request for comments from the public, 

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1 ness Administration, and the Regulatory Enforce2 ment Ombudsman concerning the enforcement of the 

3 rules or publication of the guides. 

4 ‘‘(f)(1) Not later than 6 months after each date de5 scribed in subsection (b)(1), the Inspector General for 

6 each agency shall— 

7 ‘‘(A) determine whether the agency has con8 ducted the review required under subsection (b) ap9 propriately; and 

10 ‘‘(B) notify the head of the agency of— 

11 ‘‘(i) the results of the determination under 

12 subparagraph (A); and 

13 ‘‘(ii) any issues preventing the Inspector 

14 General from determining that the agency has 

15 conducted the review under subsection (b) ap16 propriately. 

17 ‘‘(2)(A) Not later than 6 months after the date on 

18 which the head of an agency receives a notice under para19 graph (1)(B) that the agency has not conducted the review 

20 under subsection (b) appropriately, the agency shall ad21 dress the issues identified in the notice. 

22 ‘‘(B) Not later than 30 days after the last day of the 

23 6-month period described in subparagraph (A), the In24 spector General for an agency that receives a notice de25 scribed in subparagraph (A) shall— 


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1 ‘‘(i) determine whether the agency has ad2 dressed the issues identified in the notice; and 

3 ‘‘(ii) notify Congress if the Inspector General 

4 determines that the agency has not addressed the 

5 issues identified in the notice; and 

6 ‘‘(C) Not later than 30 days after the date on which 

7 the Inspector General for an agency transmits a notice 

8 under subparagraph (B)(ii), an amount equal to 1 percent 

9 of the amount appropriated for the fiscal year to the ap10 propriations account of the agency that is used to pay sal11 aries shall be rescinded. 

12 ‘‘(D) Nothing in this paragraph may be construed to 

13 prevent Congress from acting to prevent a rescission 

14 under subparagraph (C).’’. 

15 SEC. 205. REQUIRING SMALL BUSINESS REVIEW PANELS 

16 FOR ADDITIONAL AGENCIES. 

17 (a) AGENCIES.—Section 609 of title 5, United States 

18 Code, is amended— 

19 (1) in subsection (b)— 

20 (A) by striking ‘‘a covered agency’’ the 

21 first place it appears and inserting ‘‘an agency 

22 designated under subsection (d)’’; and 

23 (B) by striking ‘‘a covered agency’’ each 

24 place it appears and inserting ‘‘the agency’’; 


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1 (2) by striking subsection (d), as amended by 

2 section 1100G(a) of Public Law 111–203 (124 Stat. 

3 2112), and inserting the following: 

4 ‘‘(d)(1) On and after the date of enactment of the 

5 Restoring Tax and Regulatory Certainty to Small Busi6 nesses Act of 2012, the Environmental Protection Agency, 

7 the Occupational Safety and Health Administration of the 

8 Department of Labor, and the Bureau of Consumer Fi9 nancial Protection shall be— 

10 ‘‘(A) agencies designated under this subsection; 

11 and 

12 ‘‘(B) subject to the requirements of subsection 

13 (b). 

14 ‘‘(2) The Chief Counsel for Advocacy shall designate 

15 as agencies that shall be subject to the requirements of 

16 subsection (b) on and after the date of the designation— 

17 ‘‘(A) 3 agencies for the first year after the date 

18 of enactment of the Restoring Tax and Regulatory 

19 Certainty to Small Businesses Act of 2012; 

20 ‘‘(B) in addition to the agencies designated 

21 under subparagraph (A), 3 agencies for the second 

22 year after the date of enactment of the Restoring 

23 Tax and Regulatory Certainty to Small Businesses 

24 Act of 2012; and 


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1 ‘‘(C) in addition to the agencies designated 

2 under subparagraphs (A) and (B), 3 agencies for the 

3 third year after the date of enactment of the Restor4 ing Tax and Regulatory Certainty to Small Busi5 nesses Act of 2012. 

6 ‘‘(3) The Chief Counsel for Advocacy shall designate 

7 agencies under paragraph (2) based on the economic im8 pact of the rules of the agency on small entities, beginning 

9 with agencies with the largest economic impact on small 

10 entities.’’; and 

11 (3) in subsection (e)(1), by striking ‘‘the cov12 ered agency’’ and inserting ‘‘the agency’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 (1) SECTION 603.—Section 603(d) of title 5, 

15 United States Code, as added by section 1100G(b) 

16 of Public Law 111–203 (124 Stat. 2112), is amend17 ed— 

18 (A) in paragraph (1), by striking ‘‘a cov19 ered agency, as defined in section 609(d)(2)’’ 

20 and inserting ‘‘the Bureau of Consumer Finan21 cial Protection’’; and 

22 (B) in paragraph (2), by striking ‘‘A cov23 ered agency, as defined in section 609(d)(2),’’ 

24 and inserting ‘‘The Bureau of Consumer Finan25 cial Protection’’. 


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1 (2) SECTION 604.—Section 604(a) of title 5, 

2 United States Code, is amended— 

3 (A) by redesignating the second paragraph 

4 designated as paragraph (6) (relating to cov5 ered agencies), as added by section 1100G(c)(3) 

6 of Public Law 111–203 (124 Stat. 2113), as 

7 paragraph (7); and 

8 (B) in paragraph (7), as so redesignated— 

9 (i) by striking ‘‘a covered agency, as 

10 defined in section 609(d)(2)’’ and inserting 

11 ‘‘the Bureau of Consumer Financial Pro12 tection’’; and 

13 (ii) by striking ‘‘the agency’’ and in14 serting ‘‘the Bureau’’. 

15 SEC. 206. EXPANDING THE REGULATORY FLEXIBILITY ACT 

16 TO AGENCY GUIDANCE DOCUMENTS. 

17 Section 601(2) of title 5, United States Code, is 

18 amended by inserting after ‘‘public comment’’ the fol19 lowing: ‘‘and any significant guidance document, as de20 fined in the Office of Management and Budget Final Bul21 letin for Agency Good Guidance Procedures (72 Fed. Reg. 

22 3432; January 25, 2007)’’. 


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1 SEC. 207. REQUIRING THE INTERNAL REVENUE SERVICE 

2 TO CONSIDER SMALL ENTITY IMPACT. 

3 (a) IN GENERAL.—Section 603(a) of title 5, United 

4 States Code, is amended, in the fifth sentence, by striking 

5 ‘‘but only’’ and all that follows through the period at the 

6 end and inserting ‘‘but only to the extent that such inter7 pretative rules, or the statutes upon which such rules are 

8 based, impose on small entities a collection of information 

9 requirement or a recordkeeping requirement.’’. 

10 (b) DEFINITIONS.—Section 601 of title 5, United 

11 States Code, as amended by section 202 of this Act, is 

12 amended— 

13 (1) in paragraph (6), by striking ‘‘and’’ at the 

14 end; and 

15 (2) by striking paragraphs (7) and (8) and in16 serting the following: 

17 ‘‘(7) the term ‘collection of information’ has the 

18 meaning given that term in section 3502(3) of title 

19 44; 

20 ‘‘(8) the term ‘recordkeeping requirement’ has 

21 the meaning given that term in section 3502(13) of 

22 title 44; and’’. 


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1 SEC. 208. REPORTING ON ENFORCEMENT ACTIONS RELAT2 ING TO SMALL ENTITIES. 

3 Section 223 of the Small Business Regulatory En4 forcement Fairness Act of 1996 (5 U.S.C. 601 note) is 

5 amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘Each agency’’ and insert8 ing the following: 

9 ‘‘(1) ESTABLISHMENT OF POLICY OR PRO10 GRAM.—Each agency’’; and 

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

12 ‘‘(2) REVIEW OF CIVIL PENALTIES.—Not later 

13 than 2 years after the date of enactment of the Re14 storing Tax and Regulatory Certainty to Small Busi15 nesses Act of 2012, and every 2 years thereafter, 

16 each agency regulating the activities of small entities 

17 shall review the civil penalties imposed by the agency 

18 for violations of a statutory or regulatory require19 ment by a small entity to determine whether a re20 duction or waiver of the civil penalties is appro21 priate.’’; and 

22 (2) in subsection (c)— 

23 (A) by striking ‘‘Agencies shall report’’ 

24 and all that follows through ‘‘the scope’’ and in25 serting ‘‘Not later than 2 years after the date 

26 of enactment of the Restoring Tax and ReguVerDate Mar 15 2010 04:24 Sep 25, 2012 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3572.IS S3572

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1 latory Certainty to Small Businesses Act of 

2 2012, and every 2 years thereafter, each agency 

3 shall submit to the Committee on Small Busi4 ness and Entrepreneurship and the Committee 

5 on Homeland Security and Governmental Af6 fairs of the Senate and the Committee on Small 

7 Business and the Committee on the Judiciary 

8 of the House of Representatives a report dis9 cussing the scope’’; and 

10 (B) by striking ‘‘and the total amount of 

11 penalty reductions and waivers’’ and inserting 

12 ‘‘the total amount of penalty reductions and 

13 waivers, and the results of the most recent re14 view under subsection (a)(2)’’. 

15 SEC. 209. REQUIRING MORE DETAILED SMALL ENTITY 

16 ANALYSES. 

17 (a) INITIAL REGULATORY FLEXIBILITY ANALYSIS.— 

18 Section 603 of title 5, United States Code, as amended 

19 by section 1100G(b) of Public Law 111–203 (124 Stat. 

20 2112), is amended— 

21 (1) by striking subsection (b) and inserting the 

22 following: 

23 ‘‘(b) Each initial regulatory flexibility analysis re24 quired under this section shall contain a detailed state25 ment— 


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1 ‘‘(1) describing the reasons why action by the 

2 agency is being considered; 

3 ‘‘(2) describing the objectives of, and legal basis 

4 for, the proposed rule; 

5 ‘‘(3) estimating the number and type of small 

6 entities to which the proposed rule will apply; 

7 ‘‘(4) describing the projected reporting, record8 keeping, and other compliance requirements of the 

9 proposed rule, including an estimate of the classes of 

10 small entities which will be subject to the require11 ment and the type of professional skills necessary 

12 for preparation of the report and record; 

13 ‘‘(5) describing all relevant Federal rules which 

14 may duplicate, overlap, or conflict with the proposed 

15 rule, or the reasons why such a description could not 

16 be provided; and 

17 ‘‘(6) estimating the additional cumulative eco18 nomic impact of the proposed rule on small entities, 

19 including job loss by small entities, beyond that al20 ready imposed on the class of small entities by the 

21 agency, or the reasons why such an estimate is not 

22 available.’’; and 

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

24 ‘‘(e) An agency shall notify the Chief Counsel for Ad25 vocacy of the Small Business Administration of any draft 


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1 rules that may have a significant economic impact on a 

2 substantial number of small entities— 

3 ‘‘(1) when the agency submits a draft rule to 

4 the Office of Information and Regulatory Affairs of 

5 the Office of Management and Budget under Execu6 tive Order 12866, if that order requires the submis7 sion; or 

8 ‘‘(2) if no submission to the Office of Informa9 tion and Regulatory Affairs is required— 

10 ‘‘(A) a reasonable period before publication 

11 of the rule by the agency; and 

12 ‘‘(B) in any event, not later than 3 months 

13 before the date on which the agency publishes 

14 the rule.’’. 

15 (b) FINAL REGULATORY FLEXIBILITY ANALYSIS.— 

16 (1) IN GENERAL.—Section 604(a) of title 5, 

17 United States Code, is amended— 

18 (A) by inserting ‘‘detailed’’ before ‘‘de19 scription’’ each place it appears; 

20 (B) in paragraph (2)— 

21 (i) by inserting ‘‘detailed’’ before 

22 ‘‘statement’’ each place it appears; and 

23 (ii) by inserting ‘‘(or certification of 

24 the proposed rule under section 605(b))’’ 


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1 after ‘‘initial regulatory flexibility anal2 ysis’’; 

3 (C) in paragraph (4), by striking ‘‘an ex4 planation’’ and inserting ‘‘a detailed expla5 nation’’; and 

6 (D) in paragraph (6) (relating to a de7 scription of steps taken to minimize significant 

8 economic impact), as added by section 1601 of 

9 the Small Business Jobs Act of 2010 (Public 

10 Law 111–240; 124 Stat. 2251), by inserting 

11 ‘‘detailed’’ before ‘‘statement’’. 

12 (2) PUBLICATION OF ANALYSIS ON WEB SITE, 

13 ETC.—Section 604(b) of title 5, United States Code, 

14 is amended to read as follows: 

15 ‘‘(b) The agency shall— 

16 ‘‘(1) make copies of the final regulatory flexi17 bility analysis available to the public, including by 

18 publishing the entire final regulatory flexibility anal19 ysis on the Web site of the agency; and 

20 ‘‘(2) publish in the Federal Register the final 

21 regulatory flexibility analysis, or a summary of the 

22 analysis that includes the telephone number, mailing 

23 address, and address of the Web site where the com24 plete final regulatory flexibility analysis may be ob25 tained.’’. 


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1 (c) CROSS-REFERENCES TO OTHER ANALYSES.— 

2 Section 605(a) of title 5, United States Code, is amended 

3 to read as follows: 

4 ‘‘(a) A Federal agency shall be deemed to have satis5 fied a requirement regarding the content of a regulatory 

6 flexibility agenda or regulatory flexibility analysis under 

7 section 602, 603, or 604, if the Federal agency provides 

8 in the agenda or regulatory flexibility analysis a cross-ref9 erence to the specific portion of an agenda or analysis that 

10 is required by another law and that satisfies the require11 ment under section 602, 603, or 604.’’. 

12 (d) CERTIFICATIONS.—Section 605(b) of title 5, 

13 United States Code, is amended, in the second sentence, 

14 by striking ‘‘statement providing the factual’’ and insert15 ing ‘‘detailed statement providing the factual and legal’’. 

16 (e) QUANTIFICATION REQUIREMENTS.—Section 607 

17 of title 5, United States Code, is amended to read as fol18 lows: 

19 ‘‘§ 607. Quantification requirements 

20 ‘‘In complying with sections 603 and 604, an agency 

21 shall provide— 

22 ‘‘(1) a quantifiable or numerical description of 

23 the effects of the proposed or final rule, including an 

24 estimate of the potential for job loss, and alter25 natives to the proposed or final rule; or 


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1 ‘‘(2) a more general descriptive statement re2 garding the potential for job loss and a detailed 

3 statement explaining why quantification under para4 graph (1) is not practicable or reliable.’’. 

5 SEC. 210. ENSURING THAT AGENCIES CONSIDER SMALL EN6 TITY IMPACT DURING THE RULEMAKING 

7 PROCESS. 

8 Section 605(b) of title 5, United States Code, is 

9 amended— 

10 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

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

12 ‘‘(2) If, after publication of the certification required 

13 under paragraph (1), the head of the agency determines 

14 that there will be a significant economic impact on a sub15 stantial number of small entities, the agency shall comply 

16 with the requirements of section 603 before the publica17 tion of the final rule, by— 

18 ‘‘(A) publishing an initial regulatory flexibility 

19 analysis for public comment; or 

20 ‘‘(B) re-proposing the rule with an initial regu21 latory flexibility analysis. 

22 ‘‘(3) The head of an agency may not make a certifi23 cation relating to a rule under this subsection, unless the 

24 head of the agency has determined— 


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1 ‘‘(A) the average cost of the rule for small enti2 ties affected or reasonably presumed to be affected 

3 by the rule; 

4 ‘‘(B) the number of small entities affected or 

5 reasonably presumed to be affected by the rule; and 

6 ‘‘(C) the number of affected small entities for 

7 which that cost will be significant. 

8 ‘‘(4) Before publishing a certification and a state9 ment providing the factual basis for the certification under 

10 paragraph (1), the head of an agency shall— 

11 ‘‘(A) transmit a copy of the certification and 

12 statement to the Chief Counsel for Advocacy of the 

13 Small Business Administration; and 

14 ‘‘(B) consult with the Chief Counsel for Advo15 cacy of the Small Business Administration on the 

16 accuracy of the certification and statement.’’. 

17 SEC. 211. ADDITIONAL POWERS OF THE OFFICE OF ADVO18 CACY. 

19 Section 203 of Public Law 94–305 (15 U.S.C. 634c) 

20 is amended— 

21 (1) in paragraph (5), by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (6), by striking the period at 

24 the end and inserting ‘‘; and’’; and 


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1 (3) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(7) at the discretion of the Chief Counsel for 

4 Advocacy, comment on regulatory action by an agen5 cy that affects small businesses, without regard to 

6 whether the agency is required to file a notice of 

7 proposed rulemaking under section 553 of title 5, 

8 United States Code, with respect to the action.’’. 

9 SEC. 212. TECHNICAL AND CONFORMING AMENDMENTS. 

10 (a) HEADING.—Section 605 of title 5, United States 

11 Code, is amended in the section heading by striking 

12 ‘‘Avoidance’’ and all that follows and inserting the fol13 lowing: ‘‘Incorporations by reference and cer14 tification.’’. 

15 (b) TABLE OF SECTIONS.—The table of sections for 

16 chapter 6 of title 5, United States Code, is amended— 

17 (1) by striking the item relating to section 605 

18 and inserting the following: 

‘‘605. Incorporations by reference and certifications.’’; 

19 and 

20 (2) by striking the item relating to section 607 

21 inserting the following: 

‘‘607. Quantification requirements.’’. 

22 SEC. 213. REGULATORY TRANSPARENCY REPORTING. 

23 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘agency’’ has the same meaning as 

2 in section 551 of title 5, United States Code; 

3 (2) the term ‘‘covered period’’ means, with re4 spect to a report required to be submitted under this 

5 subsection, the period beginning on January 1 of the 

6 year preceding the date of submission of the report 

7 and ending on December 31 of the year preceding 

8 the date of submission of the report; 

9 (3) the term ‘‘major rule’’ means a rule that 

10 has an annual effect on the economy of the United 

11 States of $100,000,000 or more; 

12 (4) the term ‘‘report’’ means an annual report 

13 submitted to Congress under section 624 of the 

14 Treasury and General Government Appropriations 

15 Act, 2001 (31 U.S.C. 1105 note); 

16 (5) the term ‘‘rule’’— 

17 (A) has the same meaning as in section 

18 551 of title 5, United States Code; and 

19 (B) includes a rule issued by an inde20 pendent establishment, as that term is defined 

21 in section 104 of title 5, United States Code; 

22 and 

23 (6) the term ‘‘Unified Agenda’’ means the Uni24 fied Agenda of Federal Regulatory and Deregulatory 

25 Actions. 


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1 (b) IN GENERAL.—The Administrator of the Office 

2 of Information and Regulatory Affairs shall include in the 

3 report required under section 624 of the Treasury and 

4 General Government Appropriations Act, 2001 (31 U.S.C. 

5 1105 note) the data and tables described in this section. 

6 (c) DATA.—Each report shall contain the following: 

7 (1) A list of each major rule issued by each 

8 agency during the covered period in each of the fol9 lowing categories: 

10 (A) Rules having an economic impact of 

11 more than $100,000,000 and not more than 

12 $500,000,000. 

13 (B) Rules having an economic impact of 

14 more than $500,000,000 and not more than 

15 $1,000,000,000. 

16 (C) Rules having an economic impact of 

17 more than $1,000,000,000 and not more than 

18 $5,000,000,000. 

19 (D) Rules having an economic impact of 

20 more than $5,000,000,000 and not more than 

21 $10,000,000,000. 

22 (E) Rules having an economic impact of 

23 more than $10,000,000,000. 

24 (F) Any rules not described in subpara25 graphs (A) through (E). 


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1 (2) A list of each rule issued during the covered 

2 period that— 

3 (A) required a regulatory flexibility anal4 ysis under chapter 6 of title 5, United States 

5 Code; or 

6 (B) was listed in the Unified Agenda as a 

7 regulatory action that an agency identified as 

8 likely to have some impact on small entities, 

9 even though a regulatory flexibility analysis was 

10 not required under chapter 6 of title 5, United 

11 States Code. 

12 (3) A list of each rule issued during the covered 

13 period that affects State and local governments. 

14 (4) The percentage of rules issued during the 

15 covered period that were— 

16 (A) rules described in paragraph (2); or 

17 (B) rules described in paragraph (3). 

18 (5) A list of each rule issued during the covered 

19 period that included a numerical estimate of the cost 

20 of the rule. 

21 (6) The sum of the numerical estimates de22 scribed in paragraph (5)— 

23 (A) for each agency; and 

24 (B) for all agencies, as a whole. 


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1 (7) A list of each rule issued during the covered 

2 period that did not include a numerical estimate of 

3 the cost of the rule, and, for each such rule, an ex4 planation of why a numerical estimate was not in5 cluded. 

6 (8) The percentage of rules issued during the 

7 covered period that were reviewed by the Office of 

8 Management and Budget. 

9 (9) A list of each rule issued during the covered 

10 period that was reviewed by the Office of Manage11 ment and Budget and a description of any action 

12 taken by the Office of Management and Budget with 

13 respect to the rule. 

14 (10) The number of pages included the Federal 

15 Register during the covered period. 

16 (11) A list of each major rule for which the 

17 Comptroller General of the United States issued a 

18 report during the covered period that was entered 

19 into the database of reports on regulations issued by 

20 the Government Accountability Office. 

21 (12) A list of each rule reviewed under section 

22 610 of title 5, United States Code, during the cov23 ered period. 


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1 (13) A list of each rule issued during the cov2 ered period that is designated in the Unified Agenda 

3 as deregulatory, rather than regulatory. 

4 (14) A list of each rule issued during the cov5 ered period that the Administrator determines af6 fects only the internal procedures of the agency that 

7 issued the rule. 

8 (15) A list of each rule that was added to the 

9 Unified Agenda during the covered period. 

10 (16) A list of each rule included in the Unified 

11 Agenda during the covered period that was included 

12 in the Unified Agenda before the covered period. 

13 (17) A list of each rule issued during the cov14 ered period that was required to be issued by stat15 ute. 

16 (18) The number and percentage of rules de17 scribed in paragraph (17), compared to the number 

18 and percentage of rules issued during the covered 

19 period that are not described in paragraph (17). 

20 (19) A list of each rule issued during the cov21 ered period that was required to be issued during 

22 the covered period by judicial order. 

23 (20) The number and percentage of rules issued 

24 during the covered period that are described in para25 graph (19), compared to the number and percentage 


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1 of rules issued during the covered period that are 

2 not described in paragraph (19). 

3 (21) A list of each rule issued during the cov4 ered period for which the agency that issued the rule 

5 was prohibited by statute from considering the costs 

6 and benefits of the rule. 

7 (d) MASTER TABLE.— 

8 (1) IN GENERAL.—Each report shall contain a 

9 table that includes the following: 

10 (A) A list of each rule described in sub11 section (c). 

12 (B) A brief summary of each rule de13 scribed in subsection (c). 

14 (C) A citation (or, if the report is issued 

15 in electronic form, a link) to— 

16 (i) any regulatory flexibility analysis 

17 required under chapter 6 of title 5, United 

18 States Code, with respect to a rule de19 scribed in subsection (c); and 

20 (ii) any regulatory impact analysis re21 quired under Executive Order 12866 (5 

22 U.S.C. 601 note; relating to regulatory 

23 planning and review), with respect to a 

24 rule described in subsection (c). 


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1 (2) CITATION.—Each list required under sub2 section (b) shall include, for each rule included in 

3 the list, a citation (or, if the report is issued in elec4 tronic form, a link) to the summary of the rule in 

5 the table required under paragraph (1). 

6 (e) HISTORICAL TABLES.— 

7 (1) IN GENERAL.—Each report shall contain 

8 historical tables representing the data described in 

9 subsection (c), modeled after Federal budget histor10 ical tables, that provide consistent data concerning— 

11 (A) each covered period, beginning on the 

12 date of enactment of this Act; and 

13 (B) to the extent practicable, each calendar 

14 year preceding the date of enactment of this 

15 Act. 

16 (2) CONSISTENCY OF DATA.—To the greatest 

17 extent possible, the data provided in the tables under 

18 paragraph (1) shall be consistent, including with re19 spect to the value of a dollar, the discount rate, and 

20 the time period over which a cost is incurred. 


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1 TITLE III—ACCESS TO CAPITAL 

2 Subtitle A—Expanding Access to 

3 Capital for Entrepreneurial 

4 Leaders 

5 SEC. 311. SHORT TITLE. 

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

7 2012’’. 

8 SEC. 312. PROGRAM AUTHORIZATION. 

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

10 of 1958 (15 U.S.C. 683(b)) is amended, in the matter pre11 ceding paragraph (1), in the first sentence, by inserting 

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

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

14 fiscal year (adjusted annually to reflect increases in the 

15 Consumer Price Index established by the Bureau of Labor 

16 Statistics of the Department of Labor)’’. 

17 SEC. 313. FAMILY OF FUNDS. 

18 Section 303(b)(2)(B) of the Small Business Invest19 ment Act of 1958 (15 U.S.C. 683(b)(2)(B)) is amended 

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

21 ‘‘$350,000,000’’. 

22 SEC. 314. ADJUSTMENT FOR INFLATION. 

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

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

25 at the end the following: 


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1 ‘‘(E) ADJUSTMENTS.— 

2 ‘‘(i) IN GENERAL.—The dollar 

3 amounts in subparagraph (A)(ii), subpara4 graph (B), and subparagraph (C)(ii)(I) 

5 shall be adjusted annually to reflect in6 creases in the Consumer Price Index estab7 lished by the Bureau of Labor Statistics of 

8 the Department of Labor (in this subpara9 graph referred to as the ‘CPI’). 

10 ‘‘(ii) APPLICABILITY.—The adjust11 ments required by clause (i)— 

12 ‘‘(I) with respect to dollar 

13 amounts in subparagraphs (A)(ii) and 

14 (C)(ii)(I) shall initially reflect in15 creases in the CPI during the period 

16 beginning on the effective date of sec17 tion 505 of the American Recovery 

18 and Reinvestment Act of 2009 (Public 

19 Law 111–5; 123 Stat. 156) through 

20 the date of enactment of this subpara21 graph and annually thereafter; 

22 ‘‘(II) with respect to dollar 

23 amounts in subparagraph (B) shall 

24 reflect increases in the CPI annually 


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1 on and after the date of enactment of 

2 this subparagraph.’’. 

3 SEC. 315. PUBLIC AVAILABILITY OF INFORMATION. 

4 Section 303 of the Small Business Investment Act 

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

6 the following: 

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

8 Administrator shall make public on its website the fol9 lowing information with respect to each small business in10 vestment company: 

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

12 inception. 

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

14 inception. 

15 ‘‘(3) The number of investments since fund in16 ception. 

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

18 since fund inception. 

19 ‘‘(5) Industry sectors receiving investment since 

20 fund inception. 

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

22 the small business investment company since fund 

23 inception. 

24 ‘‘(7) A basic description of investment strat25 egy.’’. 


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1 SEC. 316. AUTHORIZED USES OF LICENSING FEES. 

2 Section 301 of the Small Business Investment Act 

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

4 (1) by redesignating subsection (e) as sub5 section (d); and 

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

7 by inserting before the period at the end the fol8 lowing: ‘‘and other small business investment com9 pany program needs’’. 

10 SEC. 317. SENSE OF CONGRESS. 

11 It is the sense of Congress that— 

12 (1) small business investment companies would 

13 benefit from partnerships with community banks 

14 and other lenders, and should work with community 

15 banks and other lenders, to ensure that if commu16 nity banks and other lenders deny an application by 

17 a small business concern for a loan, the community 

18 banks or other lenders will refer the small business 

19 concern to small business investment companies; and 

20 (2) the Administrator of the Small Business 

21 Administration (in this section referred to as the 

22 ‘‘Administrator’’) should— 

23 (A) increase outreach to community banks 

24 and other lenders to encourage community 

25 banks and other lenders to invest in small busi26 ness investment companies; 


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1 (B) use the Internet to make publicly 

2 available in a timely manner which small busi3 ness investment companies are actively solic4 iting investments and making investments in 

5 small business concerns; 

6 (C) partner with governors, mayors, 

7 States, and municipalities to increase outreach 

8 by small business investment companies to un9 derserved and rural areas; and 

10 (D) continue to make changes to the 

11 webpage for the small business investment com12 pany program, to make the webpage— 

13 (i) a more prominent part of the 

14 website of the Administration; and 

15 (ii) more user-friendly. 

16 Subtitle B—Low-Interest 

17 Refinancing 

18 SEC. 321. LOW-INTEREST REFINANCING UNDER THE LOCAL 

19 DEVELOPMENT BUSINESS LOAN PROGRAM. 

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

21 2010 (15 U.S.C. 696 note) is amended by striking ‘‘2 

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

23 months’’. 


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1 TITLE IV—ENTREPRENEURIAL 

2 SUPPORT 

3 Subtitle A—Measuring the 

4 Effectiveness of Resource Partners 

5 SEC. 411. EXPANDING ENTREPRENEURSHIP. 

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

7 is amended by adding at the end the following: 

8 ‘‘(g) MANAGEMENT AND DIRECTION.— 

9 ‘‘(1) PLAN FOR ENTREPRENEURIAL DEVELOP10 MENT AND JOB CREATION STRATEGY.— 

11 ‘‘(A) PLAN REQUIRED.—The Adminis12 trator, in consultation with a representative 

13 from each entrepreneurial development program 

14 of the Administration, shall develop and submit 

15 to Congress a plan for using the entrepreneurial 

16 development programs of the Administration to 

17 create jobs during fiscal years 2013 and 2014. 

18 ‘‘(B) CONTENTS OF PLAN.—The plan re19 quired under subparagraph (A) shall— 

20 ‘‘(i) include the plan of the Adminis21 trator for using existing programs, includ22 ing small business development centers, 

23 women’s business centers, the Service 

24 Corps of Retired Executives authorized by 

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1 reach Centers, and programs of the Office 

2 of Native American Affairs, to create jobs; 

3 ‘‘(ii) identify a strategy for each re4 gion of the Administration to use programs 

5 of the Administration to create or retain 

6 jobs in the region; and 

7 ‘‘(iii) establish performance measures 

8 and criteria, including goals for job cre9 ation, job retention, and job retraining, to 

10 evaluate the success of the plan. 

11 ‘‘(2) DATA COLLECTION PROCESS.— 

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

13 shall, after notice and opportunity for comment, 

14 promulgate a rule to develop and implement a 

15 consistent data collection process for the entre16 preneurial development programs. 

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

18 process developed under subparagraph (A) shall 

19 collect data relating to job creation and per20 formance and any other data determined appro21 priate by the Administrator. 

22 ‘‘(3) COORDINATION AND ALIGNMENT OF SBA

23 ENTREPRENEURIAL DEVELOPMENT PROGRAMS.— 

24 The Administrator, in consultation with other Fed25 eral departments and agencies as the Administrator 


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1 determines is appropriate, shall submit an annual 

2 report to Congress describing opportunities to foster 

3 coordination of, limit duplication among, and im4 prove program delivery for Federal entrepreneurial 

5 development programs. 

6 ‘‘(4) DATABASE OF ENTREPRENEURIAL DEVEL7 OPMENT SERVICE PROVIDERS.— 

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

9 period of 60 days for public comment, the Ad10 ministrator shall— 

11 ‘‘(i) establish a database of providers 

12 of entrepreneurial development services; 

13 and 

14 ‘‘(ii) make the database available 

15 through the website of the Administration. 

16 ‘‘(B) SEARCHABILITY.—The database es17 tablished under subparagraph (A) shall be 

18 searchable by industry, geographic location, and 

19 service required. 

20 ‘‘(5) COMMUNITY SPECIALIST.— 

21 ‘‘(A) DESIGNATION.—The Administrator 

22 shall designate not fewer than 1 staff member 

23 in each district office of the Administration as 

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1 preneurial development services to increase co2 ordination with Federal entrepreneurial devel3 opment programs. 

4 ‘‘(B) PERFORMANCE.—The Administrator 

5 shall develop benchmarks for measuring the 

6 performance of community specialists under 

7 this paragraph.’’. 

8 Subtitle B—Women’s Small 

9 Business Ownership 

10 SEC. 421. SHORT TITLE. 

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

12 Business Ownership Act of 2012’’. 

13 SEC. 422. DEFINITION. 

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

15 Administrator of the Small Business Administration. 

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

17 (a) IN GENERAL.—Section 29(g) of the Small Busi18 ness Act (15 U.S.C. 656(g)) is amended— 

19 (1) in paragraph (2)— 

20 (A) in subparagraph (B)— 

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

22 areas’’ and all that follows through the end 

23 of subclause (I), and inserting the fol24 lowing: ‘‘to address issues concerning the 

25 management, operations, manufacturing, 


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1 technology, finance, retail and product 

2 sales, international trade, Government con3 tracting, and other disciplines required 

4 for— 

5 ‘‘(I) starting, operating, and in6 creasing the business of a small busi7 ness concern;’’; and 

8 (ii) in clause (ii), by striking ‘‘Wom9 en’s Business Center program’’ each place 

10 that term appears and inserting ‘‘women’s 

11 business center program’’; and 

12 (B) in subparagraph (C), by inserting be13 fore the period at the end the following: ‘‘, the 

14 National Women’s Business Council, and any 

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

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

17 ‘‘(3) TRAINING.—The Administrator may pro18 vide annual programmatic and financial examination 

19 training for women’s business ownership representa20 tives and district office technical representatives of 

21 the Administration to enable representatives to carry 

22 out their responsibilities. 

23 ‘‘(4) PROGRAM AND TRANSPARENCY IMPROVE24 MENTS.—The Administrator shall maximize the 

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1 cial assistance proposal process and the pro2 grammatic and financial examination process by— 

3 ‘‘(A) providing public notice of any an4 nouncement for financial assistance under sub5 section (b) or a grant under subsection (l) not 

6 later than the end of the first quarter of each 

7 fiscal year; 

8 ‘‘(B) in the announcement described in 

9 subparagraph (A), outlining award and pro10 gram evaluation criteria and describing the 

11 weighting of the criteria for financial assistance 

12 under subsection (b) and grants under sub13 section (l); 

14 ‘‘(C) minimizing paperwork and reporting 

15 requirements for applicants for and recipients 

16 of financial assistance under this section; 

17 ‘‘(D) standardizing the programmatic and 

18 financial examination process; and 

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

20 center, not later than 60 days after the comple21 tion of a site visit to the women’s business cen22 ter (whether conducted for an audit, perform23 ance review, or other reason), a copy of any site 

24 visit reports or evaluation reports prepared by 


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1 district office technical representatives or offi2 cers or employees of the Administration.’’. 

3 (b) CHANGE OF TITLE.— 

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

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

6 (A) in subsection (a)— 

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

8 (ii) by redesignating paragraphs (2) 

9 and (3) as paragraphs (4) and (5), respec10 tively; and 

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

12 as so redesignated, the following: 

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

14 the Office of Women’s Business Ownership estab15 lished under subsection (g);’’; 

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

17 each place that term appears and inserting ‘‘Di18 rector’’; and 

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

20 heading, by striking ‘‘ASSISTANT ADMINIS21 TRATOR’’ and inserting ‘‘DIRECTOR’’. 

22 (2) WOMEN’S BUSINESS OWNERSHIP ACT OF

23 1988.—Title IV of the Women’s Business Ownership 

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


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

2 ‘‘Assistant Administrator’’ and inserting ‘‘Di3 rector’’; 

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

5 Administrator’’ and inserting ‘‘Director’’; and 

6 (C) in section 406(c), by striking ‘‘Assist7 ant Administrator’’ and inserting ‘‘Director’’. 

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

9 (a) WOMEN’S BUSINESS CENTER FINANCIAL ASSIST10 ANCE.—Section 29 of the Small Business Act (15 U.S.C. 

11 656) is amended— 

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

13 423(b) of this Act— 

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

15 following: 

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

17 centers’ means an organization— 

18 ‘‘(A) that represents not less than 51 per19 cent of the women’s business centers that par20 ticipate in a program under this section; and 

21 ‘‘(B) whose primary purpose is to rep22 resent women’s business centers;’’; 

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

24 following: 

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


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1 ‘‘(A) a private nonprofit organization; 

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

3 development organization; 

4 ‘‘(C) a development, credit, or finance cor5 poration chartered by a State; 

6 ‘‘(D) a junior or community college, as de7 fined in section 312(f) of the Higher Education 

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

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

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

11 (C) by adding after paragraph (5) the fol12 lowing: 

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

14 a project conducted by an eligible entity under this 

15 section.’’; 

16 (2) in subsection (b)— 

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

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

19 and adjusting the margins accordingly; 

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

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

22 inserting the following: 

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

24 provide financial assistance to an eligible entity to 

25 conduct a project under this section’’; 


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

2 inserting the following: 

3 ‘‘(2) USE OF FUNDS.—The project shall be de4 signed to provide training and counseling that meets 

5 the needs of women, especially socially and economi6 cally disadvantaged women, and shall’’; and 

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

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

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

10 may award financial assistance under this sub11 section of not less than $100,000 and not more 

12 than $150,000 per year. 

13 ‘‘(B) LOWER AMOUNT.—The Adminis14 trator may award financial assistance under 

15 this subsection to a recipient in an amount that 

16 is less than $100,000 if the Administrator de17 termines that the recipient is unable to make a 

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

19 as required under subsection (c). 

20 ‘‘(C) EQUAL ALLOCATIONS.—If the Admin21 istration has insufficient funds to provide finan22 cial assistance of not less than $100,000 for 

23 each recipient of financial assistance under this 

24 subsection in any fiscal year, the Administrator 

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1 sistance to each recipient in the fiscal year, un2 less a recipient requests a lower amount than 

3 the allocated amount. 

4 ‘‘(4) CONSULTATION WITH ASSOCIATIONS OF

5 WOMEN’S BUSINESS CENTERS.—The Administrator 

6 shall consult with each association of women’s busi7 ness centers to develop— 

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

9 women’s business centers and the Administra10 tion; and 

11 ‘‘(B) recommendations to improve the poli12 cies and procedures for governing the general 

13 operations and administration of the women’s 

14 business center program, including grant pro15 gram improvements under subsection (g)(4).’’; 

16 (3) in subsection (c)— 

17 (A) in paragraph (1) by striking ‘‘the re18 cipient organization’’ and inserting ‘‘an eligible 

19 entity’’; 

20 (B) in paragraph (3), in the second sen21 tence, by striking ‘‘a recipient organization’’ 

22 and inserting ‘‘an eligible entity’’; 

23 (C) in paragraph (4)— 

24 (i) by striking ‘‘recipient of assist25 ance’’ and inserting ‘‘eligible entity’’; 


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

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

3 (iii) by striking ‘‘recipient’’ and in4 serting ‘‘eligible entity’’; 

5 (D) in paragraph (5)— 

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

7 ‘‘a recipient organization’’ and inserting 

8 ‘‘an eligible entity’’; and 

9 (ii) by striking ‘‘the recipient organi10 zation’’ each place it appears and inserting 

11 ‘‘the eligible entity’’; and 

12 (E) by adding at end the following: 

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

14 An eligible entity shall— 

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

16 separately from other projects, if any, of the eli17 gible entity; and 

18 ‘‘(B) separately maintain and account for 

19 any financial assistance under this section.’’; 

20 (4) in subsection (e)— 

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

22 and inserting ‘‘eligible entity’’; 

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

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

25 (C) by striking ‘‘site’’; 


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

2 following: 

3 ‘‘(f) APPLICATIONS AND CRITERIA FOR INITIAL FI4 NANCIAL ASSISTANCE.— 

5 ‘‘(1) APPLICATION.—Each eligible entity desir6 ing financial assistance under subsection (b) shall 

7 submit to the Administrator an application that con8 tains— 

9 ‘‘(A) a certification that the eligible enti10 ty— 

11 ‘‘(i) has designated an executive direc12 tor or program manager, who may be com13 pensated using financial assistance under 

14 subsection (b) or other sources, to manage 

15 the center on a full-time basis; 

16 ‘‘(ii) as a condition of receiving finan17 cial assistance under subsection (b), 

18 agrees— 

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

20 Administrator as part of the final se21 lection process; 

22 ‘‘(II) to undergo an annual pro23 grammatic and financial examination; 

24 and 


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1 ‘‘(III) to the maximum extent 

2 practicable, to remedy any problems 

3 identified pursuant to the site visit or 

4 examination under subclause (I) or 

5 (II); and 

6 ‘‘(iii) meets the accounting and re7 porting requirements established by the 

8 Director of the Office of Management and 

9 Budget; 

10 ‘‘(B) information demonstrating that the 

11 eligible entity has the ability and resources to 

12 meet the needs of the market to be served by 

13 the women’s business center for which financial 

14 assistance under subsection (b) is sought, in15 cluding the ability to obtain the non-Federal 

16 contribution required under subsection (c); 

17 ‘‘(C) information relating to the assistance 

18 to be provided by the women’s business center 

19 for which financial assistance under subsection 

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

21 business center is located; 

22 ‘‘(D) information demonstrating the expe23 rience and effectiveness of the eligible entity 

24 in— 


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1 ‘‘(i) conducting financial, manage2 ment, and marketing assistance programs, 

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

4 are designed to teach or upgrade the busi5 ness skills of women who are business own6 ers or potential business owners; 

7 ‘‘(ii) providing training and services to 

8 a representative number of women who are 

9 socially and economically disadvantaged; 

10 and 

11 ‘‘(iii) working with resource partners 

12 of the Administration and other entities, 

13 such as universities; and 

14 ‘‘(E) a 5-year plan that describes the abil15 ity of the women’s business center for which fi16 nancial assistance is sought— 

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

18 owners or potential business owners by 

19 conducting training and counseling activi20 ties; and 

21 ‘‘(ii) to provide training and services 

22 to a representative number of women who 

23 are socially and economically disadvan24 taged. 


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1 ‘‘(2) ADDITIONAL INFORMATION.—The Admin2 istrator shall make any request for additional infor3 mation from an organization applying for financial 

4 assistance under subsection (b) that was not re5 quested in the original announcement in writing. 

6 ‘‘(3) REVIEW AND APPROVAL OF APPLICATIONS

7 FOR INITIAL FINANCIAL ASSISTANCE.— 

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

9 shall— 

10 ‘‘(i) review each application submitted 

11 under paragraph (1), based on the infor12 mation described in such paragraph and 

13 the criteria set forth under subparagraph 

14 (B) of this paragraph; and 

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

16 of the final selection process, conduct a 

17 site visit to each women’s business center 

18 for which financial assistance under sub19 section (b) is sought. 

20 ‘‘(B) SELECTION CRITERIA.— 

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

22 shall evaluate applicants for financial as23 sistance under subsection (b) in accordance 

24 with selection criteria that are— 


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1 ‘‘(I) established before the date 

2 on which applicants are required to 

3 submit the applications; 

4 ‘‘(II) stated in terms of relative 

5 importance; and 

6 ‘‘(III) publicly available and stat7 ed in each solicitation for applications 

8 for financial assistance under sub9 section (b) made by the Adminis10 trator. 

11 ‘‘(ii) REQUIRED CRITERIA.—The se12 lection criteria for financial assistance 

13 under subsection (b) shall include— 

14 ‘‘(I) the experience of the appli15 cant in conducting programs or ongo16 ing efforts designed to teach or en17 hance the business skills of women 

18 who are business owners or potential 

19 business owners; 

20 ‘‘(II) the ability of the applicant 

21 to begin a project within a minimum 

22 amount of time; 

23 ‘‘(III) the ability of the applicant 

24 to provide training and services to a 

25 representative number of women who 


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1 are socially and economically dis2 advantaged; and 

3 ‘‘(IV) the location for the wom4 en’s business center proposed by the 

5 applicant, including whether the appli6 cant is located in a State in which 

7 there is not a women’s business center 

8 receiving funding from the Adminis9 tration. 

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

11 business of an applicant for financial assistance 

12 under subsection (b) is located less than 50 

13 miles from the principal place of business of a 

14 women’s business center that received funds 

15 under this section on or before the date of the 

16 application, the applicant shall not be eligible 

17 for the financial assistance, unless the applicant 

18 submits a detailed written justification of the 

19 need for an additional center in the area in 

20 which the applicant is located. 

21 ‘‘(D) RECORD RETENTION.—The Adminis22 trator shall maintain a copy of each application 

23 submitted under this subsection for not less 

24 than 7 years.’’; and 

25 (6) in subsection (m)— 


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1 (A) by striking paragraph (3) and insert2 ing the following: 

3 ‘‘(3) APPLICATION AND APPROVAL FOR RE4 NEWAL GRANTS.— 

5 ‘‘(A) SOLICITATION OF APPLICATIONS.— 

6 The Administrator shall solicit applications and 

7 award grants under this subsection for the first 

8 fiscal year beginning after the date of enact9 ment of the Women’s Small Business Owner10 ship Act of 2012, and every third fiscal year 

11 thereafter. 

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

13 eligible entity desiring a grant under this sub14 section shall submit to the Administrator an ap15 plication that contains— 

16 ‘‘(i) a certification that the appli17 cant— 

18 ‘‘(I) is an eligible entity; 

19 ‘‘(II) has designated a full-time 

20 executive director or program man21 ager to manage the women’s business 

22 center operated by the applicant; and 

23 ‘‘(III) as a condition of receiving 

24 a grant under this subsection, 

25 agrees— 


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1 ‘‘(aa) to receive a site visit 

2 as part of the final selection 

3 process; 

4 ‘‘(bb) to submit, for the 2 

5 full fiscal years before the date 

6 on which the application is sub7 mitted, annual programmatic and 

8 financial examination reports or 

9 certified copies of the compliance 

10 supplemental audits under OMB 

11 Circular A–133 of the applicant; 

12 and 

13 ‘‘(cc) to remedy any problem 

14 identified pursuant to the site 

15 visit or examination under item 

16 (aa) or (bb); 

17 ‘‘(ii) information demonstrating that 

18 the applicant has the ability and resources 

19 to meet the needs of the market to be 

20 served by the women’s business center for 

21 which a grant under this subsection is 

22 sought, including the ability to obtain the 

23 non-Federal contribution required under 

24 paragraph (4)(C); 


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1 ‘‘(iii) information relating to assist2 ance to be provided by the women’s busi3 ness center in the area served by the wom4 en’s business center for which a grant 

5 under this subsection is sought; 

6 ‘‘(iv) information demonstrating that 

7 the applicant has worked with resource 

8 partners of the Administration and other 

9 entities; 

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

11 ability of the women’s business center for 

12 which a grant under this subsection is 

13 sought— 

14 ‘‘(I) to serve women who are 

15 business owners or potential business 

16 owners by conducting training and 

17 counseling activities; and 

18 ‘‘(II) to provide training and 

19 services to a representative number of 

20 women who are socially and economi21 cally disadvantaged; and 

22 ‘‘(vi) any additional information that 

23 the Administrator may reasonably require. 

24 ‘‘(C) REVIEW AND APPROVAL OF APPLICA25 TIONS FOR GRANTS.— 


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

2 shall— 

3 ‘‘(I) review each application sub4 mitted under subparagraph (B), based 

5 on the information described in such 

6 subparagraph and the criteria set 

7 forth under clause (ii) of this subpara8 graph; and 

9 ‘‘(II) whenever practicable, as 

10 part of the final selection process, 

11 conduct a site visit to each women’s 

12 business center for which a grant 

13 under this subsection is sought. 

14 ‘‘(ii) SELECTION CRITERIA.— 

15 ‘‘(I) IN GENERAL.—The Admin16 istrator shall evaluate applicants for 

17 grants under this subsection in ac18 cordance with selection criteria that 

19 are— 

20 ‘‘(aa) established before the 

21 date on which applicants are re22 quired to submit the applications; 

23 ‘‘(bb) stated in terms of rel24 ative importance; and 


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1 ‘‘(cc) publicly available and 

2 stated in each solicitation for ap3 plications for grants under this 

4 subsection made by the Adminis5 trator. 

6 ‘‘(II) REQUIRED CRITERIA.—The 

7 selection criteria for a grant under 

8 this subsection shall include— 

9 ‘‘(aa) the total number of 

10 entrepreneurs served by the ap11 plicant; 

12 ‘‘(bb) the total number of 

13 new startup companies assisted 

14 by the applicant; 

15 ‘‘(cc) the percentage of cli16 ents of the applicant that are so17 cially or economically disadvan18 taged; and 

19 ‘‘(dd) the percentage of indi20 viduals in the community served 

21 by the applicant who are socially 

22 or economically disadvantaged. 

23 ‘‘(iii) CONDITIONS FOR CONTINUED

24 FUNDING.—In determining whether to 


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1 make a grant under this subsection, the 

2 Administrator— 

3 ‘‘(I) shall consider the results of 

4 the most recent evaluation of the 

5 women’s business center for which a 

6 grant under this subsection is sought, 

7 and, to a lesser extent, previous eval8 uations; and 

9 ‘‘(II) may withhold a grant under 

10 this subsection, if the Administrator 

11 determines that the applicant has 

12 failed to provide the information re13 quired to be provided under this para14 graph, or the information provided by 

15 the applicant is inadequate. 

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

17 days after the date of each deadline to submit 

18 applications, the Administrator shall approve or 

19 deny any application under this paragraph and 

20 notify the applicant for each such application of 

21 the approval or denial. 

22 ‘‘(E) RECORD RETENTION.—The Adminis23 trator shall maintain a copy of each application 

24 submitted under this paragraph for not less 

25 than 7 years.’’; and 


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1 (B) by striking paragraph (5) and insert2 ing the following: 

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

4 shall be no limitation on the number of times the 

5 Administrator may award a grant to an applicant 

6 under this subsection.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

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

11 award a contract (as a sustainability grant) 

12 under subsection (l) or’’; 

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

14 Administration’’ and inserting ‘‘Not later than 

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

16 (C) in subsection (k)— 

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

18 and (4); 

19 (ii) by redesignating paragraph (3) as 

20 paragraph (4); and 

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

22 as so redesignated, the following: 

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

24 appropriated to the Administration to carry out this 

25 section, to remain available until expended, 


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1 $14,500,000 for each of fiscal years 2013, 2014, 

2 and 2015. 

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

4 under this subsection may only be used for grant 

5 awards and may not be used for costs incurred by 

6 the Administration in connection with the manage7 ment and administration of the program under this 

8 section. 

9 ‘‘(3) CONTINUING GRANT AND COOPERATIVE

10 AGREEMENT AUTHORITY.— 

11 ‘‘(A) PROMPT DISBURSEMENT.—Upon re12 ceiving funds to carry out this section for a fis13 cal year, the Administrator shall, to the extent 

14 practicable, promptly reimburse funds to any 

15 women’s business center awarded financial as16 sistance under this section if the center meets 

17 the eligibility requirements under this section. 

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

19 the Administrator has entered into a grant or 

20 cooperative agreement with a women’s business 

21 center under this section, the Administrator 

22 may not suspend or terminate the grant or co23 operative agreement, unless the Adminis24 trator— 


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

2 center with written notification setting 

3 forth the reasons for that action; and 

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

5 center an opportunity for a hearing, ap6 peal, or other administrative proceeding 

7 under chapter 5 of title 5, United States 

8 Code.’’; 

9 (D) in subsection (m)— 

10 (i) in paragraph (2), by striking ‘‘sub11 section (b) or (l)’’ and inserting ‘‘this sub12 section or subsection (b)’’; and 

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

14 ‘‘or subsection (l)’’; and 

15 (E) by redesignating subsections (m) and 

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

17 and (m), respectively. 

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

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

20 636 note) is amended— 

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

22 ‘‘and’’ at the end; 

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

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

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


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

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

3 Small Business Ownership Act of 2012, as 

4 paragraph (5).’’. 

5 (c) EFFECT ON EXISTING GRANTS.— 

6 (1) TERMS AND CONDITIONS.—A nonprofit or7 ganization receiving a grant under section 29(m) of 

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

9 effect on the day before the date of enactment of 

10 this Act, shall continue to receive the grant under 

11 the terms and conditions in effect for the grant on 

12 the day before the date of enactment of this Act, ex13 cept that the nonprofit organization may not apply 

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

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

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

17 this Act. 

18 (2) LENGTH OF RENEWAL GRANT.—The Ad19 ministrator may award a grant under section 29(l) 

20 of the Small Business Act, as so redesignated by 

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

22 organization receiving a grant under section 29(m) 

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

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

25 this Act, for the period— 


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

2 of the grant agreement under such section 

3 29(m); and 

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

5 year beginning after the date of enactment of 

6 this Act. 

7 SEC. 425. STUDY AND REPORT ON ECONOMIC ISSUES FAC8 ING WOMEN’S BUSINESS CENTERS. 

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

10 States shall conduct a broad study of the unique economic 

11 issues facing women’s business centers located in covered 

12 areas to identify— 

13 (1) the difficulties such centers face in raising 

14 non-Federal funds; 

15 (2) the difficulties such centers face in com16 peting for financial assistance, non-Federal funds, or 

17 other types of assistance; 

18 (3) the difficulties such centers face in writing 

19 grant proposals; and 

20 (4) other difficulties such centers face because 

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

22 such centers are located. 

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

24 of enactment of this Act, the Comptroller General shall 

25 submit to Congress a report containing the results of the 


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1 study under subsection (a), which shall include rec2 ommendations, if any, regarding how to— 

3 (1) address the unique difficulties women’s 

4 business centers located in covered areas face be5 cause of the type of covered area in which such cen6 ters are located; 

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

8 services provided by, women’s business centers lo9 cated in covered areas; and 

10 (3) best use technology and other resources to 

11 better serve women business owners located in cov12 ered areas. 

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

14 the term ‘‘covered area’’ means— 

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

16 determined by the Administrator; 

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

18 determined by the Administrator; and 

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

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

21 BUSINESS CENTERS. 

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

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

24 business centers by the Administrator, which shall in25 clude— 


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1 (1) an analysis of the coordination by the Ad2 ministrator of the activities of women’s business cen3 ters with the activities of small business development 

4 centers, the Service Corps of Retired Executives, 

5 and Veterans Business Outreach Centers; 

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

7 small business concerns served by women’s business 

8 centers and the types of individuals and small busi9 ness concerns served by small business development 

10 centers, the Service Corps of Retired Executives, 

11 and Veterans Business Outreach Centers; and 

12 (3) an analysis of performance data for wom13 en’s business centers that evaluates how well wom14 en’s business centers are carrying out the mission of 

15 women’s business centers and serving individuals 

16 and small business concerns. 

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

18 of enactment of this Act, the Comptroller General shall 

19 submit to Congress a report containing the results of the 

20 study under subsection (a), which shall include rec21 ommendations, if any, for eliminating the duplication of 

22 services provided by women’s business centers, small busi23 ness development centers, the Service Corps of Retired 

24 Executives, and Veterans Business Outreach Centers. 


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

4 SEC. 431. INSTITUTIONS OF HIGHER EDUCATION. 

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

6 is amended— 

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

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

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

11 grant under this paragraph to an applicant that is 

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

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

15 merely in preaccreditation status) by a nationally 

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

19 U.S.C. 1099b).’’; and 

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

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


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

3 (a) MINIMUM FUNDING LEVELS.—Section 

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

5 648(a)(4)(C)) is amended— 

6 (1) in clause (iii)— 

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

8 that term appears and inserting 

9 ‘‘$98,500,000’’; 

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

11 that term appears and inserting 

12 ‘‘$90,000,000’’; and 

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

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

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

16 and all that follows through the end of the subclause 

17 and inserting a period; and 

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

19 inserting the following: 

20 ‘‘(I) IN GENERAL.—Of the 

21 amounts made available in any fiscal 

22 year to carry out this section— 

23 ‘‘(aa) not more than 

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


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1 enumerated in subparagraph (B) 

2 of section 20(a)(1); 

3 ‘‘(bb) not more than 

4 $500,000 may be used by the 

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

8 and 

9 ‘‘(cc) not more than 

10 $250,000 may be used by the 

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

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

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

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

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

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

21 2013; 

22 ‘‘(II) $135,000,000 for fiscal 

23 year 2014; and 

24 ‘‘(III) $135,000,000 for fiscal 

25 year 2015.’’. 


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

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

4 U.S.C. 648(b)(3)) is amended— 

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

7 ‘‘(3) ASSISTANCE TO OUT-OF-STATE SMALL BUSI8 NESSES.— 

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

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

11 ‘‘(B) DISASTER RECOVERY ASSISTANCE.— 

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

13 Administrator, the Administrator may authorize 

14 a small business development center to provide 

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

16 small business concerns located outside of the 

17 State, without regard to geographic proximity, 

18 if the small business concerns are located in an 

19 area for which the President has declared a 

20 major disaster under section 401 of the Robert 

21 T. Stafford Disaster Relief and Emergency As22 sistance Act (42 U.S.C. 5170), during the pe23 riod of the declaration. 

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

25 business development center that provides coun26 selors to an area described in clause (i) shall, 


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1 to the maximum extent practicable, ensure con2 tinuity of services in any State in which the 

3 small business development center otherwise 

4 provides services. 

5 ‘‘(iii) ACCESS TO DISASTER RECOVERY FA6 CILITIES.—For purposes of this subparagraph, 

7 the Administrator shall, to the maximum extent 

8 practicable, permit the personnel of a small 

9 business development center to use any site or 

10 facility designated by the Administrator for use 

11 to provide disaster recovery assistance.’’. 

12 SEC. 434. TERMINATION OF SMALL BUSINESS DEVELOP13 MENT CENTER DEFENSE ECONOMIC TRANSI14 TION ASSISTANCE. 

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

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

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

18 (2) by redesignating subparagraphs (H) 

19 through (T) as subparagraphs (G) through (S), re20 spectively. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

23 648(a)) is amended— 

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

25 (c)(3)(G)’’; and 


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1 (2) in paragraph (6), by striking ‘‘subpara2 graphs (B) through (G) of subsection (c)(3)’’ and in3 serting ‘‘subparagraphs (B) through (F) of sub4 section (c)(3)’’. 

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

6 affect any grant made to a small business development 

7 center before the date of enactment of this Act under sec8 tion 21(c)(3)(G) of the Small Business Act (15 U.S.C. 

9 648(c)(3)(G)), as in effect on the day before the date of 

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

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

12 the date of enactment of this Act. 

13 SEC. 435. NATIONAL SMALL BUSINESS DEVELOPMENT CEN14 TER ADVISORY BOARD. 

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

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

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

18 members’’ and inserting ‘‘10 members’’; 

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

20 and inserting ‘‘the members who are not from uni21 versities or their affiliates’’; 

22 (3) by striking the third sentence; and 

23 (4) in the fourth sentence— 

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

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


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

2 ‘‘one-third’’. 

3 (b) INCUMBENTS.—An individual serving as a mem4 ber of the National Small Business Development Center 

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

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

7 of the member under section 21(i)(1) of the Small Busi8 ness Act (15 U.S.C. 648(i)(1)), as in effect on the day 

9 before such date of enactment. 

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

11 WORKPLACE PROGRAM. 

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

13 is repealed. 

14 Subtitle D—Terminating the Na15 tional Veterans Business Devel16 opment Corporation 

17 SEC. 441. NATIONAL VETERANS BUSINESS DEVELOPMENT 

18 CORPORATION. 

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

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

21 U.S.C. 657c). 

22 (b) CORPORATION.—On and after the date of enact23 ment of this Act, the National Veterans Business Develop24 ment Corporation and any successor thereto may not repVerDate Mar 15 2010 04:24 Sep 25, 2012 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S3572.IS S3572

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1 resent that the corporation is federally chartered or in any 

2 other manner authorized by the Federal Government. 

3 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) SMALL BUSINESS ACT.—The Small Busi5 ness Act (15 U.S.C. 631 et seq.), as amended by 

6 this section, is amended— 

7 (A) by redesignating sections 34 through 

8 45 as sections 33 through 44, respectively; 

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

10 638(k)(1)(D)), by striking ‘‘section 34(d)’’ and 

11 inserting ‘‘section 33(d)’’; 

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

13 redesignated— 

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

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

16 (ii) in subsection (a)— 

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

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

19 ‘‘section 34(c)(2)(B)’’; 

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

21 ‘‘section 35(c)(2)’’ and inserting ‘‘sec22 tion 34(c)(2)’’; and 

23 (III) in paragraph (5), by strik24 ing ‘‘section 35(c)’’ and inserting 

25 ‘‘section 34(c)’’; and 


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

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

3 34(d)’’; 

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

5 redesignated— 

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

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

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

9 section ‘‘34(c)(1)(E)(ii)’’ and inserting sec10 tion ‘‘33(c)(1)(E)(ii)’’; 

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

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

13 inserting ‘‘section 42’’; 

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

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

16 inserting ‘‘section 42’’; and 

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

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

19 inserting ‘‘section 42’’. 

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

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

22 the National Veterans Business Development Cor23 poration’’. 

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

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


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

2 business development center described in section 21 

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

4 as such center offers, sponsors, or cosponsors an en5 trepreneurship course, as that term is defined in sec6 tion 3675(c)(2).’’. 

7 (4) FOOD, CONSERVATION, AND ENERGY ACT

8 OF 2008.—Section 12072(c)(2) of the Food, Con9 servation, and Energy Act of 2008 (15 U.S.C. 

10 636g(c)(2)) is amended by striking ‘‘section 43 of 

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

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

13 U.S.C. 657o)’’. 

14 (5) VETERANS ENTREPRENEURSHIP AND

15 SMALL BUSINESS DEVELOPMENT ACT OF 1999.—Sec16 tion 203(c)(5) of the Veterans Entrepreneurship and 

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

18 657b note) is amended by striking ‘‘In cooperation 

19 with the National Veterans Business Development 

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

21 Subtitle E—Expanding Women’s 

22 Entrepreneurship 

23 SEC. 451. DEFINITIONS. 

24 In this subtitle— 


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

3 and the Administrator thereof, respectively; 

4 (2) the term ‘‘Task Force’’ means the National 

5 Women’s High-Growth Business Bipartisan Task 

6 Force established under section 452; and 

7 (3) the term ‘‘small business concern owned 

8 and controlled by women’’ has the meaning given 

9 that term in section 3(n) of the Small Business Act 

10 (15 U.S.C. 632(n)). 

11 SEC. 452. NATIONAL WOMEN’S HIGH-GROWTH BUSINESS BI12 PARTISAN TASK FORCE. 

13 (a) ESTABLISHMENT.—There is established the Na14 tional Women’s High-Growth Business Bipartisan Task 

15 Force, which shall serve as an independent source of ad16 vice, research, and policy recommendations to— 

17 (1) the Administrator; 

18 (2) the Assistant Administrator of the Office of 

19 Women’s Business Ownership of the Administration; 

20 (3) Congress; 

21 (4) the President; and 

22 (5) other Federal departments and agencies. 

23 (b) MEMBERSHIP.— 

24 (1) NUMBER OF MEMBERS.—The Task Force 

25 shall be composed of 15 members, of which— 


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1 (A) 8 shall be individuals who own small 

2 business concerns owned and controlled by 

3 women, including not fewer than 2 individuals 

4 who own small business concerns owned and 

5 controlled by women in industries in which 

6 women are traditionally underrepresented; 

7 (B) 2 shall be individuals having expertise 

8 conducting research on women’s business, wom9 en’s entrepreneurship, new business develop10 ment by women, and high-growth business de11 velopment; and 

12 (C) 5 shall be individuals who represent 

13 women’s business organizations, including wom14 en’s business centers and women’s business ad15 vocacy groups. 

16 (2) APPOINTMENT OF MEMBERS.— 

17 (A) OWNERS OF SMALL BUSINESS CON18 CERNS OWNED AND CONTROLLED BY

19 WOMEN.—Of the members of the Task Force 

20 described in paragraph (1)(A)— 

21 (i) 2 shall be appointed by the Chair22 person of the Committee on Small Busi23 ness and Entrepreneurship of the Senate; 

24 (ii) 2 shall be appointed by the Rank25 ing Member of the Committee on Small 


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1 Business and Entrepreneurship of the Sen2 ate; 

3 (iii) 2 shall be appointed by the Chair4 person of the Committee on Small Busi5 ness of the House of Representatives; and 

6 (iv) 2 shall be appointed by the Rank7 ing Member of the Committee on Small 

8 Business of the House of Representatives. 

9 (B) OTHER MEMBERS.—The members of 

10 the Task Force described in subparagraphs (B) 

11 and (C) of paragraph (1) shall be appointed by 

12 the Administrator. 

13 (C) INITIAL APPOINTMENTS.—The individ14 uals described in subparagraphs (A) and (B) 

15 shall appoint the initial members of the Task 

16 Force not later than 90 days after the date of 

17 enactment of this Act. 

18 (D) GEOGRAPHIC CONSIDERATIONS.—In 

19 making an appointment under this paragraph, 

20 the individuals described in subparagraphs (A) 

21 and (B) shall give consideration to the geo22 graphic areas of the United States in which the 

23 members of the Task Force live and work, par24 ticularly to ensure that rural areas are rep25 resented on the Task Force. 


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1 (E) POLITICAL AFFILIATION.—Not more 

2 than 8 members of the Task Force may be 

3 members of the same political party. 

4 (3) CHAIRPERSON.— 

5 (A) ELECTION OF CHAIRPERSON.—The 

6 members of the Task Force shall elect 1 mem7 ber of the Task Force as Chairperson of the 

8 Task Force. 

9 (B) VACANCIES.—Any vacancy in the posi10 tion of Chairperson of the Task Force shall be 

11 filled by the Task Force at the first meeting of 

12 the Task Force after the date on which the va13 cancy occurs. 

14 (4) TERM OF SERVICE.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), the term of service of each 

17 member of the Task Force shall be 3 years. 

18 (B) TERMS OF INITIAL APPOINTEES.—Of 

19 the members of the Task Force first appointed 

20 after the date of enactment of this Act— 

21 (i) 6 shall be appointed for a term of 

22 4 years, including— 

23 (I) 1 member appointed by the 

24 individuals described in each of 


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1 clauses (i), (ii), (iii), and (iv) of para2 graph (2)(A); and 

3 (II) 2 members appointed by the 

4 Administrator; and 

5 (ii) 5 shall be appointed for a term of 

6 5 years, including— 

7 (I) 1 member appointed by the 

8 individuals described in each of 

9 clauses (i), (ii), (iii), and (iv) of para10 graph (2)(A); and 

11 (II) 1 member appointed by the 

12 Administrator. 

13 (5) VACANCIES.—A vacancy on the Task Force 

14 shall be filled not later than 30 days after the date 

15 on which the vacancy occurs, in the manner in which 

16 the original appointment was made, and shall be 

17 subject to any conditions that applied to the original 

18 appointment. An individual chosen to fill a vacancy 

19 shall be appointed for the unexpired term of the 

20 member replaced. 

21 (6) PROHIBITION ON FEDERAL EMPLOY22 MENT.— 

23 (A) IN GENERAL.—Except as provided in 

24 subparagraph (B), no member of the Task 


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1 Force may serve as an officer or employee of 

2 the United States. 

3 (B) EXCEPTION.—A member of the Task 

4 Force who accepts a position as an officer or 

5 employee of the United States after appoint6 ment to the Task Force may continue to serve 

7 on the Task Force for not more than 30 days 

8 after the date of such acceptance. 

9 (7) COMPENSATION AND EXPENSES.— 

10 (A) NO COMPENSATION.—Each member of 

11 the Task Force shall serve without compensa12 tion. 

13 (B) EXPENSES.—The Administrator shall 

14 reimburse the members of the Task Force for 

15 travel and subsistence expenses in accordance 

16 with section 5703 of title 5, United States 

17 Code. 

18 (c) DUTIES.—The Task Force shall— 

19 (1) review and monitor plans and programs de20 veloped in the public and private sectors that affect 

21 the ability of small business concerns owned and 

22 controlled by women to obtain capital and credit and 

23 to access markets, and provide advice on improving 

24 coordination between such plans and programs; 


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1 (2) monitor and promote the plans, programs, 

2 and operations of the Federal departments and 

3 agencies that contribute to the formation and devel4 opment of small business concerns owned and con5 trolled by women, and make recommendations to 

6 Federal departments and agencies concerning the 

7 coordination of such plans, programs, and oper8 ations; 

9 (3) develop and promote initiatives, policies, 

10 programs, and plans designed to encourage the for11 mation of startups and high-growth small business 

12 concerns owned and controlled by women; 

13 (4) advise the Administrator on the develop14 ment and implementation of an annual comprehen15 sive plan for joint efforts by the public and private 

16 sectors to facilitate the formation and development 

17 of startups and high-growth small business concerns 

18 owned and controlled by women; and 

19 (5) examine the link between women who own 

20 small business concerns and intellectual property, in21 cluding— 

22 (A) the number of patents, trademarks, 

23 and copyrights granted to women; and 

24 (B) the challenges faced by high-growth 

25 small business concerns owned and controlled 


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1 by women in obtaining and enforcing intellec2 tual property rights. 

3 (d) POWERS.— 

4 (1) HEARINGS.—The Task Force may hold 

5 such hearings, sit and act at such times and places, 

6 take such testimony, and receive such evidence as 

7 the Task Force considers advisable to carry out its 

8 duties. 

9 (2) TASK GROUPS.—The Task Force may, from 

10 time to time, establish temporary task groups, as 

11 necessary to carry out the duties of the Task Force. 

12 (3) INFORMATION FROM FEDERAL AGENCIES.— 

13 Upon request of the Chairperson of the Task Force, 

14 the head of any Federal department or agency shall 

15 furnish such information to the Task Force as the 

16 Task Force considers necessary to carry out its du17 ties. 

18 (4) USE OF MAILS.—The Task Force may use 

19 the United States mails in the same manner and 

20 under the same conditions as Federal departments 

21 and agencies. 

22 (5) GIFTS.—The Task Force may accept, use, 

23 and dispose of gifts or donations of services or prop24 erty. 

25 (e) MEETINGS.— 


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1 (1) IN GENERAL.—The Task Force shall 

2 meet— 

3 (A) not less than 3 times each year; 

4 (B) at the call of the Chairperson; and 

5 (C) upon the request of— 

6 (i) the Administrator; 

7 (ii) the Chairperson and Ranking 

8 Member of the Committee on Small Busi9 ness and Entrepreneurship of the Senate; 

10 or 

11 (iii) the Chairperson and Ranking 

12 Member of the Committee on Small Busi13 ness of the House of Representatives. 

14 (2) PARTICIPATION OF FEDERAL AGENCIES.— 

15 (A) PARTICIPATION ENCOURAGED.—The 

16 Task Force shall allow and encourage participa17 tion in meetings by representatives from Fed18 eral agencies. 

19 (B) FUNCTIONS OF REPRESENTATIVES OF

20 FEDERAL AGENCIES.—A representative from a 

21 Federal agency— 

22 (i) may be used as a resource; and 

23 (ii) may not vote or otherwise act as 

24 a member of the Task Force. 


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1 (3) LOCATION.—Each meeting of the full Task 

2 Force shall be held at the headquarters of the Ad3 ministration, unless, not later than 1 month before 

4 the meeting, a majority of the members of the Task 

5 Force agree to meet at another location. 

6 (4) SUPPORT BY ADMINISTRATOR.—The Ad7 ministrator shall provide suitable meeting facilities 

8 and such administrative support as may be nec9 essary for each full meeting of the Task Force. 

10 (f) REPORTS.— 

11 (1) REPORTS BY TASK FORCE.— 

12 (A) REPORTS REQUIRED.—Not later than 

13 30 days after the end of each fiscal year, the 

14 Task Force shall submit to the President and 

15 to the Committee on Small Business and Entre16 preneurship of the Senate and the Committee 

17 on Small Business of the House of Representa18 tives, a report containing— 

19 (i) a detailed description of the activi20 ties of the Task Force, including a report 

21 on how the Task Force has carried out the 

22 duties described in subsection (c); 

23 (ii) the findings and recommendations 

24 of the Task Force; and 


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1 (iii) the recommendations of the Task 

2 Force for— 

3 (I) promoting intellectual prop4 erty rights for high-growth small busi5 ness concerns owned and controlled by 

6 women; and 

7 (II) such legislative and adminis8 trative actions as the Task Force con9 siders appropriate to promote the for10 mation and development of small busi11 ness concerns owned and controlled by 

12 women. 

13 (B) FORM OF REPORTS.—The report re14 quired under subparagraph (A) shall include— 

15 (i) any concurring or dissenting views 

16 of the Administrator; and 

17 (ii) the minutes of each meeting of the 

18 Task Force. 

19 (2) REPORTS BY CHIEF COUNSEL FOR ADVO20 CACY.— 

21 (A) STUDIES.— 

22 (i) IN GENERAL.—Not less frequently 

23 than twice each year, the Chief Counsel for 

24 Advocacy of the Small Business Adminis25 tration, in consultation with the Task 


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1 Force, shall conduct a study of an issue 

2 that is important to small business con3 cerns owned and controlled by women. 

4 (ii) TOPICS.—The topic of a study 

5 under clause (i) shall— 

6 (I) be an issue that the Task 

7 Force determines is critical to fur8 thering the interests of small business 

9 concerns owned and controlled by 

10 women; and 

11 (II) relate to— 

12 (aa) Federal prime contracts 

13 and subcontracts awarded to 

14 small business concerns owned 

15 and controlled by women; 

16 (bb) access to credit and in17 vestment capital by women entre18 preneurs; 

19 (cc) acquiring and enforcing 

20 intellectual property rights; or 

21 (dd) any other issue relating 

22 to small business concerns owned 

23 and controlled by women that the 

24 Task Force determines is appro25 priate. 


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1 (iii) CONTRACTING.—In conducting a 

2 study under this subparagraph, the Chief 

3 Counsel may contract with a public or pri4 vate entity. 

5 (B) REPORT.—The Chief Counsel for Ad6 vocacy shall— 

7 (i) submit a report containing the re8 sults of each study under subparagraph 

9 (A) to the Task Force, the Committee on 

10 Small Business and Entrepreneurship of 

11 the Senate, and the Committee on Small 

12 Business of the House of Representatives; 

13 and 

14 (ii) make each report submitted under 

15 clause (i) available to the public online. 

16 (g) FEDERAL ADVISORY COMMITTEE ACT.—Section 

17 14 of the Federal Advisory Committee Act (5 U.S.C. 

18 App.) shall not apply to the Task Force. 

19 SEC. 453. REPEAL. 

20 (a) FINAL REPORTS.—Not later than 90 days after 

21 the date of enactment of this Act— 

22 (1) the Interagency Committee on Women’s 

23 Business Enterprise shall submit to the President 

24 and the Committee on Small Business and Entrepre25 neurship of the Senate and the Committee on Small 


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1 Business of the House of Representatives a report 

2 containing the information described in paragraphs 

3 (1), (2), and (3) of section 404 of the Women’s 

4 Business Ownership Act of 1988 (15 U.S.C. 7104), 

5 as in effect on the day before the date of enactment 

6 of this Act; and 

7 (2) the National Women’s Business Council 

8 shall submit to the President and the Committee on 

9 Small Business and Entrepreneurship of the Senate 

10 and the Committee on Small Business of the House 

11 of Representatives a report containing the informa12 tion described in subparagraphs (A), (B), and (C) of 

13 section 406(d)(6) of the Women’s Business Owner14 ship Act of 1988 (15 U.S.C. 7106), as in effect on 

15 the day before the date of enactment of this Act. 

16 (b) REPEAL.—The Women’s Business Ownership Act 

17 of 1988 (15 U.S.C. 631 note) is amended by striking title 

18 IV (15 U.S.C. 7101 et seq.). 

19 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 The Small Business Act (15 U.S.C. 631 et seq.) is amend21 ed— 

22 (1) in section 8(b)(1)(G) (15 U.S.C. 

23 637(b)(1)(G)), by striking ‘‘and to carry out the ac24 tivities authorized by title IV of the Women’s Busi25 ness Ownership Act of 1988’’; and 


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1 (2) in section 29(g) (15 U.S.C. 656(g))— 

2 (A) in paragraph (1), by striking ‘‘women’s 

3 business enterprises (as defined in section 408 

4 of the Women’s Business Ownership Act of 

5 1988 (15 U.S.C. 631 note))’’ and inserting 

6 ‘‘small business concerns owned and controlled 

7 by women’’; and 

8 (B) in paragraph (2)(B)(ii)— 

9 (i) in subclause (VI), by adding ‘‘and’’ 

10 at the end; 

11 (ii) in subclause (VII), by striking the 

12 semicolon at the end and inserting a pe13 riod; and 

14 (iii) by striking subclauses (VIII), 

15 (IX), and (X). 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 subsections (b) and (c) shall take effect 90 days after the 

18 date of enactment of this Act. 

19 Subtitle F—Improving Mentoring 

20 for Entrepreneurs 

21 SEC. 461. DEFINITIONS. 

22 In this subtitle— 

23 (1) the terms ‘‘Administration’’ and ‘‘Adminis24 trator’’ mean the Small Business Administration 

25 and the Administrator thereof, respectively; 


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1 (2) the term ‘‘SCORE’’ means the Service 

2 Corps of Retired Executives established under sec3 tion 8(b)(1) of the Small Business Act (15 U.S.C. 

4 637(b)(1)); 

5 (3) the term ‘‘SCORE Advisory Board’’ means 

6 the SCORE Advisory Board established under sec7 tion 462 of this Act; 

8 (4) the term ‘‘SCORE chapter’’ means a chap9 ter of the Service Corps of Retired Executives; and 

10 (5) the term ‘‘small business concern’’ has the 

11 meaning given that term under section 3 of the 

12 Small Business Act (15 U.S.C. 632). 

13 SEC. 462. ESTABLISHMENT OF ADVISORY BOARD. 

14 (a) ESTABLISHMENT.—There is established the 

15 SCORE Advisory Board. 

16 (b) MEMBERSHIP.— 

17 (1) COMPOSITION.—The SCORE Advisory 

18 Board shall be composed of 6 members, who shall be 

19 appointed from among individuals having out20 standing qualifications and known to be familiar 

21 with and sympathetic to the needs and problems of 

22 small business concerns. 

23 (2) LIMITATIONS.—Of the individuals appointed 

24 under paragraph (1)— 


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1 (A) not more than 3 may be members of 

2 a SCORE chapter; and 

3 (B) 3 shall be owners or employees of 

4 small business concerns or members of an asso5 ciation that represents small business concerns. 

6 (3) PROHIBITION.—The members of the 

7 SCORE Advisory Board may not be employees of 

8 the Federal Government. 

9 (4) DATE.—The appointments of the members 

10 of the SCORE Advisory Board shall be made not 

11 later than 90 days after the date of enactment of 

12 this Act. 

13 (c) TERMS.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), a member of the SCORE Advisory Board 

16 shall be appointed for a term of 3 years. 

17 (2) FIRST MEMBERS.—Of the members first 

18 appointed to the SCORE Advisory Board— 

19 (A) 2 shall be appointed for a term of 4 

20 years, of whom 1 shall be a member described 

21 in subsection (b)(2)(A) and 1 shall be a mem22 ber described in subsection (b)(2)(B); 

23 (B) 2 shall be appointed for a term of 3 

24 years, of whom 1 shall be a member described 


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1 in subsection (b)(2)(A) and 1 shall be a mem2 ber described in subsection (b)(2)(B); and 

3 (C) 2 shall be appointed for a term of 2 

4 years, of whom 1 shall be a member described 

5 in subsection (b)(2)(A) and 1 shall be a mem6 ber described in subsection (b)(2)(B). 

7 (d) VACANCIES.— 

8 (1) IN GENERAL.—A vacancy on the SCORE 

9 Advisory Board shall be filled in the manner in 

10 which the original appointment was made and shall 

11 be subject to any conditions which applied with re12 spect to the original appointment. 

13 (2) FILLING UNEXPIRED TERM.—An individual 

14 chosen to fill a vacancy shall be appointed for the 

15 unexpired term of the member replaced. 

16 (e) INITIAL MEETING.—Not later than 60 days after 

17 the date on which all members of the SCORE Advisory 

18 Board have been appointed, the SCORE Advisory Board 

19 shall hold its first meeting. 

20 (f) MEETINGS.—The SCORE Advisory Board shall 

21 meet— 

22 (1) not less frequently than semiannually; and 

23 (2) at the call of the Chairman. 


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1 (g) QUORUM.—A majority of the members of the 

2 SCORE Advisory Board shall constitute a quorum, but 

3 a lesser number of members may hold hearings. 

4 (h) CHAIRMAN.—The SCORE Advisory Board shall 

5 select a Chairman from among its members. 

6 SEC. 463. DUTIES OF THE SCORE ADVISORY BOARD. 

7 (a) DUTIES.—The SCORE Advisory Board shall— 

8 (1) review and monitor plans and programs de9 veloped in the public and private sector which affect 

10 SCORE chapters; 

11 (2) provide advice on improving coordination 

12 between plans and programs described in paragraph 

13 (1); 

14 (3) advise SCORE chapters on the use of Fed15 eral funds allocated to SCORE; 

16 (4) develop and promote initiatives, policies, 

17 programs, and plans designed to assist with the 

18 mentoring services offered by SCORE chapters 

19 throughout the United States; and 

20 (5) advise the Administrator on the develop21 ment and implementation of an annual comprehen22 sive plan under subsection (b). 

23 (b) DEVELOPMENT OF PLAN.—The Administrator 

24 shall develop and implement an annual comprehensive 

25 plan for joint efforts by the public and private sectors to 


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1 facilitate the formation and development of mentoring by 

2 SCORE volunteers. 

3 (c) ANNUAL REPORT.—Not later than 30 days after 

4 the end of each fiscal year, the SCORE Advisory Board 

5 shall submit to the President, the Committee on Small 

6 Business and Entrepreneurship of the Senate, and the 

7 Committee on Small Business of the House of Representa8 tives a report that contains— 

9 (1) the minutes of each meeting of the SCORE 

10 Advisory Board during the fiscal year to which the 

11 report relates; 

12 (2) a detailed description of the activities of the 

13 SCORE Advisory Board during the fiscal year to 

14 which the report relates, including how the SCORE 

15 Advisory Board carried out the duties described in 

16 subsection (a); 

17 (3) recommendations for promoting SCORE 

18 chapters and mentoring services; and 

19 (4) any concurring or dissenting views of the 

20 Administrator. 

21 SEC. 464. POWERS OF THE SCORE ADVISORY BOARD. 

22 (a) HEARINGS.—The SCORE Advisory Board may 

23 hold such hearings, sit and act at such times and places, 

24 take such testimony, and receive such evidence as the 


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1 SCORE Advisory Board considers advisable to carry out 

2 this subtitle. 

3 (b) TASK GROUPS.—The SCORE Advisory Board 

4 may establish a temporary task group to carry out any 

5 duty of the SCORE Advisory Board described in section 

6 463 of this Act. 

7 (c) INFORMATION FROM FEDERAL AGENCIES.—The 

8 SCORE Advisory Board may secure directly from any 

9 Federal department or agency such information as the 

10 SCORE Advisory Board considers necessary to carry out 

11 this Act. Upon request of the Chairman of the SCORE 

12 Advisory Board, the head of such department or agency 

13 shall furnish such information to the SCORE Advisory 

14 Board. 

15 (d) POSTAL SERVICES.—The SCORE Advisory 

16 Board may use the United States mails in the same man17 ner and under the same conditions as other departments 

18 and agencies of the Federal Government. 

19 (e) GIFTS.—The SCORE Advisory Board may ac20 cept, use, and dispose of gifts or donations of services or 

21 property. 

22 SEC. 465. SCORE ADVISORY BOARD PERSONNEL MATTERS. 

23 (a) COMPENSATION.—Members of the SCORE Advi24 sory Board shall not be compensated for services per25 formed on behalf of the SCORE Advisory Board. 


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1 (b) TRAVEL EXPENSES.—The members of the 

2 SCORE Advisory Board shall be allowed travel expenses, 

3 including per diem in lieu of subsistence, at rates author4 ized for employees of agencies under subchapter I of chap5 ter 57 of title 5, United States Code, while away from 

6 their homes or regular places of business in the perform7 ance of services for the SCORE Advisory Board. 

8 (c) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

9 Federal Government employee may be detailed to the 

10 SCORE Advisory Board without reimbursement, and such 

11 detail shall be without interruption or loss of civil service 

12 status or privilege. 

13 SEC. 466. INAPPLICABILITY OF THE FEDERAL ADVISORY 

14 COMMITTEE ACT TO THE SCORE ADVISORY 

15 BOARD. 

16 Section 14 of the Federal Advisory Committee Act 

17 (5 U.S.C. App.) shall not apply with respect to the 

18 SCORE Advisory Board. 

19 SEC. 467. FUNDING. 

20 The expenses of the SCORE Advisory Board, includ21 ing expenses relating to personnel, as described in section 

22 465, shall be paid by SCORE, from amounts made avail23 able to SCORE to carry out section 8(b)(1)(B) of the 

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


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1 SEC. 468. REAUTHORIZATION. 

2 Section 20 of the Small Business Act (15 U.S.C. 631 

3 note) is amended— 

4 (1) by redesignating subsection (j) as sub5 section (f); and 

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

7 ‘‘(g) SCORE PROGRAM.—The Administrator may 

8 make grants and enter into cooperative agreements to 

9 carry out the SCORE program authorized by section 

10 8(b)(1) in a total amount that does not exceed $7,000,000 

11 for each of fiscal years 2013, 2014, and 2015.’’. 

12 SEC. 469. CHIEF EXECUTIVE OFFICER OF SCORE. 

13 (a) LIMITATION ON AMOUNT OF SALARY.—The rate 

14 of basic pay of the chief executive officer of SCORE may 

15 not exceed the maximum rate of basic pay established 

16 under section 5382 of title 5, United States Code, for a 

17 position in the Senior Executive Service. 

18 (b) FEDERAL SHARE OF SALARY.—For any year 

19 during which the chief executive officer of SCORE serves 

20 in a leadership capacity on a foundation affiliated with 

21 SCORE, the Federal share of the basic pay of the chief 

22 executive officer of SCORE may not exceed 80 percent. 

23 SEC. 470. ALLOCATION COMMITTEE. 

24 (a) ESTABLISHMENT.—SCORE shall establish a 

25 committee to determine the amount allocated each year 

26 to each SCORE chapter. 


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1 (b) MEMBERS.—The members of the committee es2 tablished under subsection (a) shall include— 

3 (1) 1 member of the staff of SCORE who is not 

4 the chief executive officer of SCORE; and 

5 (2) not fewer than 4 members of the SCORE 

6 Advisory Board. 

7 SEC. 471. ALLOCATION OF AMOUNTS. 

8 SCORE shall establish a method for allocating 

9 amounts received by SCORE from the Federal Govern10 ment, which shall— 

11 (1) ensure that not less than 50 percent of the 

12 amounts are allocated to SCORE chapters; and 

13 (2) be subject to the approval of the Adminis14 trator and the committee established under section 

15 203. 

16 SEC. 472. GAO STUDY AND REPORT. 

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

18 States shall conduct a study of the technology activities 

19 of SCORE that includes an examination of each expendi20 ture by SCORE for technology activities and the result 

21 of each such expenditure. 

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

23 of enactment of this Act, the Comptroller General shall 

24 submit to Congress and the Administrator a report that 

25 contains— 


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1 (1) a detailed description of the amounts 

2 SCORE has expended for technology activities, in3 cluding how SCORE expended Federal funds to 

4 carry out and sustain technology initiatives during 

5 the 4-year period ending on the date of enactment 

6 of this Act; 

7 (2) a determination of whether SCORE has ex8 pended Federal funds efficiently and effectively to 

9 carry out technology activities; 

10 (3) an evaluation of— 

11 (A) how well SCORE has met objectives 

12 relating to technology spending; and 

13 (B) the policy that resulted in the estab14 lishment of objectives relating to technology 

15 spending; and 

16 (4) recommendations for actions by SCORE to 

17 achieve objectives relating to technology spending 

18 while safeguarding Federal funds. 


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1 TITLE V—ACCESS TO 

2 GOVERNMENT CONTRACTING 

3 Subtitle A—Bonds 

4 SEC. 511. REMOVAL OF SUNSET DATES FOR CERTAIN PRO5 VISIONS OF THE SMALL BUSINESS INVEST6 MENT ACT OF 1958. 

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

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

9 694b(a)(1)) is amended by striking ‘‘does not exceed’’ and 

10 all that follows and inserting ‘‘does not exceed 

11 $5,000,000.’’. 

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

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

14 694b(e)(2)) is amended by striking ‘‘bonds exceeds’’ and 

15 all that follows and inserting ‘‘bonds exceeds 

16 $5,000,000,’’. 

17 Subtitle B—Small Business 

18 Contracting Fraud Prevention 

19 SEC. 521. SHORT TITLE. 

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

21 Contracting Fraud Prevention Act of 2012’’. 

22 SEC. 522. DEFINITIONS. 

23 In this subtitle— 


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1 (1) the term ‘‘8(a) program’’ means the pro2 gram under section 8(a) of the Small Business Act 

3 (15 U.S.C. 637(a)); 

4 (2) the terms ‘‘Administration’’ and ‘‘Adminis5 trator’’ mean the Small Business Administration 

6 and the Administrator thereof, respectively; 

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

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

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

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

11 amended by this Act; and 

12 (4) the term ‘‘recertification’’ means a deter13 mination by the Administrator that a business con14 cern that was previously determined to be a qualified 

15 HUBZone small business concern is a qualified 

16 HUBZone small business concern under section 

17 3(p)(5) of the Small Business Act (15 U.S.C. 

18 632(p)(5)). 

19 SEC. 523. FRAUD DETERRENCE AT THE SMALL BUSINESS 

20 ADMINISTRATION. 

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

22 is amended— 

23 (1) in subsection (d)— 

24 (A) in paragraph (1)— 


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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘Whoever’’ and all 

3 that follows through ‘‘oneself or another’’ 

4 and inserting the following: ‘‘A person 

5 shall be subject to the penalties and rem6 edies described in paragraph (2) if the per7 son misrepresents the status of any con8 cern or person as a small business concern, 

9 a qualified HUBZone small business con10 cern, a small business concern owned and 

11 controlled by socially and economically dis12 advantaged individuals, a small business 

13 concern owned and controlled by women, 

14 or a small business concern owned and 

15 controlled by service-disabled veterans, in 

16 order to obtain for any person’’; 

17 (ii) by amending subparagraph (A) to 

18 read as follows: 

19 ‘‘(A) prime contract, subcontract, grant, or co20 operative agreement to be awarded under subsection 

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

22 (iii) by striking subparagraph (B); 

23 (iv) by redesignating subparagraphs 

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

25 (C), respectively; and 


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1 (v) in subparagraph (C), as so redes2 ignated, by striking ‘‘, shall be’’ and all 

3 that follows and inserting a period; 

4 (B) in paragraph (2)— 

5 (i) by redesignating subparagraphs 

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

7 (E), respectively; and 

8 (ii) by inserting after subparagraph 

9 (B) the following: 

10 ‘‘(C) be subject to the civil remedies under sub11 chapter III of chapter 37 of title 31, United States 

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

13 and 

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

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

16 or subsection (g) or (h), for purposes of a proceeding de17 scribed in subparagraph (A) or (C) of paragraph (2), the 

18 amount of the loss to the Federal Government or the dam19 ages sustained by the Federal Government, as applicable, 

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

21 Government paid to the person that received a contract, 

22 grant, or cooperative agreement described in paragraph 

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

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

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


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

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

3 damages sustained by the Federal Government, as appli4 cable, shall be an amount equal to the portion of any pay5 ment by the Federal Government under a prime contract 

6 that was used for a subcontract described in subparagraph 

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

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

9 or (B), no credit shall be applied against any loss or dam10 ages to the Federal Government for the fair market value 

11 of the property or services provided to the Federal Govern12 ment.’’; 

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

14 following: 

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

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

17 business concern, a small business concern owned and con18 trolled by socially and economically disadvantaged individ19 uals, a small business concern owned and controlled by 

20 women, or a small business concern owned and controlled 

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

22 contract, subcontract, grant, or cooperative agreement de23 scribed in subsection (d)(1) shall be made in writing or 

24 through the Online Representations and Certifications Ap25 plication process required under section 4.1201 of the 


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1 Federal Acquisition Regulation, or any successor there2 to.’’; and 

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

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

5 remedies described in subsection (d)(2) if the person mis6 represents the status of any concern or person as a small 

7 business concern, a qualified HUBZone small business 

8 concern, a small business concern owned and controlled 

9 by socially and economically disadvantaged individuals, a 

10 small business concern owned and controlled by women, 

11 or a small business concern owned and controlled by serv12 ice-disabled veterans— 

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

14 in any program of the Administration; or 

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

16 or proposed contract award made under regulations 

17 issued by the Administration. 

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

19 on a contract or subcontract that is awarded under sub20 section (a) or (m) of section 8, or section 9, 15, 31, or 

21 35, shall be deemed to have submitted a certification that 

22 the person complied with regulations issued by the Admin23 istration governing the percentage of work that the person 

24 is required to perform on the contract or subcontract, unVerDate Mar 15 2010 04:24 Sep 25, 2012 Jkt 019200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S3572.IS S3572

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1 less the person states, in writing, that the person did not 

2 comply with the regulations. 

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

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

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

6 the business awarded the contract or subcontract to 

7 perform a greater percentage of work under a con8 tract than is permitted by regulations issued by the 

9 Administration; or 

10 ‘‘(B) willfully participates in a scheme to cir11 cumvent regulations issued by the Administration 

12 governing the percentage of work that a contractor 

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

14 SEC. 524. VETERANS INTEGRITY IN CONTRACTING. 

15 (a) DEFINITION.—Section 3(q)(1) of the Small Busi16 ness Act (15 U.S.C. 632(q)(1)) is amended by striking 

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

18 following: ‘‘means— 

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

20 disability rated by the Secretary of Veterans Af21 fairs as zero percent or more disabling; or 

22 ‘‘(B) a former member of the Armed 

23 Forces who is retired, separated, or placed on 

24 the temporary disability retired list for physical 


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1 disability under chapter 61 of title 10, United 

2 States Code.’’. 

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

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

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

6 ‘‘(h) VETERAN STATUS.— 

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

8 status as a small business concern owned and con9 trolled by service-disabled veterans shall— 

10 ‘‘(A) submit an annual certification indi11 cating that the business concern is a small busi12 ness concern owned and controlled by service13 disabled veterans by means of the Online Rep14 resentations and Certifications Application 

15 process required under section 4.1201 of the 

16 Federal Acquisition Regulation, or any suc17 cessor thereto; and 

18 ‘‘(B) register with— 

19 ‘‘(i) the Central Contractor Registra20 tion database maintained under subpart 

21 4.11 of the Federal Acquisition Regulation, 

22 or any successor thereto; and 

23 ‘‘(ii) the VetBiz database of the De24 partment of Veterans Affairs, or any suc25 cessor thereto. 


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1 ‘‘(2) VERIFICATION OF STATUS.— 

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

3 of Veterans Affairs shall determine whether a 

4 business concern registered with the VetBiz 

5 database of the Department of Veterans Af6 fairs, or any successor thereto, as a small busi7 ness concern owned and controlled by veterans 

8 or a small business concern owned and con9 trolled by service-disabled veterans is owned 

10 and controlled by a veteran or a service-disabled 

11 veteran, as the case may be. 

12 ‘‘(B) FEDERAL AGENCIES GENERALLY.— 

13 The head of each Federal agency shall— 

14 ‘‘(i) for a sole source contract award15 ed to a small business concern owned and 

16 controlled by service-disabled veterans or a 

17 contract awarded with competition re18 stricted to small business concerns owned 

19 and controlled by service-disabled veterans 

20 under section 35, determine whether a 

21 business concern submitting a proposal for 

22 the contract is a small business concern 

23 owned and controlled by service-disabled 

24 veterans; and 


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

2 Department of Veterans Affairs, or any 

3 successor thereto, in determining whether 

4 a business concern is a small business con5 cern owned and controlled by service-dis6 abled veterans. 

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

8 Administrator determines that a business concern 

9 knowingly and willfully misrepresented that the busi10 ness concern is a small business concern owned and 

11 controlled by service-disabled veterans, the Adminis12 trator may debar or suspend the business concern 

13 from contracting with the United States.’’. 

14 (c) INTEGRATION OF DATABASES.—The Adminis15 trator for Federal Procurement Policy and the Secretary 

16 of Veterans Affairs shall ensure that data is shared on 

17 an ongoing basis between the VetBiz database of the De18 partment of Veterans Affairs and the Central Contractor 

19 Registration database maintained under subpart 4.11 of 

20 the Federal Acquisition Regulation. 

21 (d) EFFECTIVE DATE.— 

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

23 subsection (b) and the requirements under sub24 section (c) shall take effect on the date on which the 

25 Secretary of Veterans Affairs (referred to in this 


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1 subsection as the ‘‘Secretary’’) publishes in the Fed2 eral Register a determination that the Department 

3 of Veterans Affairs has the necessary resources and 

4 capacity to carry out the additional responsibility of 

5 determining whether small business concerns reg6 istered with the VetBiz database of the Department 

7 of Veterans Affairs are owned and controlled by a 

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

9 may be, in accordance with subsection (h) of section 

10 4 of the Small Business Act (15 U.S.C. 633), as 

11 added by subsection (b). 

12 (2) TIMELINE.—If the Secretary determines 

13 that the Secretary is not able to publish the deter14 mination under paragraph (1) before the date that 

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

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

17 of enactment of this Act, submit a report containing 

18 an estimate of the date on which the Secretary will 

19 publish the determination under paragraph (1) to 

20 the Committee on Small Business and Entrepre21 neurship and the Committee on Veterans’ Affairs of 

22 the Senate and the Committee on Small Business 

23 and the Committee on Veterans’ Affairs of the 

24 House of Representatives. 


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

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

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

4 by adding at the end the following: 

5 ‘‘(22) Not later than 3 years after the date of enact6 ment of this paragraph, and every 3 years thereafter, the 

7 Comptroller General of the United States shall— 

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

9 of the program under this subsection, including an 

10 examination of— 

11 ‘‘(i) the number and size of contracts ap12 plied for, as compared to the number received 

13 by, small business concerns after successfully 

14 completing the program; 

15 ‘‘(ii) the percentage of small business con16 cerns that continue to operate during the 3-year 

17 period beginning on the date on which the small 

18 business concerns successfully complete the pro19 gram; 

20 ‘‘(iii) whether the business of small busi21 ness concerns increases during the 3-year pe22 riod beginning on the date on which the small 

23 business concerns successfully complete the pro24 gram; and 

25 ‘‘(iv) the number of training sessions of26 fered under the program; and 


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1 ‘‘(B) submit to the Committee on Small Busi2 ness and Entrepreneurship of the Senate and the 

3 Committee on Small Business of the House of Rep4 resentatives a report regarding each evaluation 

5 under subparagraph (A).’’. 

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

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

8 (1) not later than 90 days after the date of en9 actment of this Act, begin to— 

10 (A) evaluate the feasibility of— 

11 (i) using additional third-party data 

12 sources; 

13 (ii) making unannounced visits of 

14 sites that are selected randomly or using 

15 risk-based criteria; 

16 (iii) using fraud detection tools, in17 cluding data-mining techniques; and 

18 (iv) conducting financial and analyt19 ical training for the business opportunity 

20 specialists of the Administration; 

21 (B) evaluate the feasibility and advisability 

22 of amending regulations applicable to the 8(a) 

23 program to require that calculations of the ad24 justed net worth or total assets of an individual 


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1 include assets held by the spouse of the indi2 vidual; and 

3 (C) develop a more consistent enforcement 

4 strategy that includes the suspension or debar5 ment of contractors that knowingly make mis6 representations in order to qualify for the 8(a) 

7 program; and 

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

9 which the Comptroller General submits the report 

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

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

12 proposed regulations of the Administration that— 

13 (A) determine the economic disadvantage 

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

15 the income and asset levels of the participant at 

16 the time of application and annual recertifi17 cation for the 8(a) program; and 

18 (B) limit the ability of a small business 

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

20 immediate family member of an owner of the 

21 small business concern is, or has been, a partic22 ipant in the 8(a) program, in the same indus23 try. 


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1 SEC. 526. HUBZONE IMPROVEMENTS. 

2 (a) PURPOSE.—The purpose of this section is to re3 form and improve the HUBZone program of the Adminis4 tration. 

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

6 (1) ensure the HUBZone map is— 

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

8 (B) revised as new data is made available 

9 to maintain the accuracy and currency of the 

10 HUBZone map; 

11 (2) implement policies for ensuring that only 

12 HUBZone small business concerns determined to be 

13 qualified under section 3(p)(5) of the Small Busi14 ness Act (15 U.S.C. 632(p)(5)) are participating in 

15 the HUBZone program, including through the ap16 propriate use of technology to control costs and 

17 maximize, among other benefits, uniformity, com18 pleteness, simplicity, and efficiency; 

19 (3) submit to the Committee on Small Business 

20 and Entrepreneurship of the Senate and the Com21 mittee on Small Business of the House of Rep22 resentatives a report regarding any application to be 

23 designated as a HUBZone small business concern or 

24 for recertification for which the Administrator has 

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

26 days after the date on which the application was 


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1 submitted or initiated, which shall include a plan 

2 and timetable for ensuring the timely processing of 

3 the applications; and 

4 (4) develop measures and implement plans to 

5 assess the effectiveness of the HUBZone program 

6 that— 

7 (A) require the identification of a baseline 

8 point in time to allow the assessment of eco9 nomic development under the HUBZone pro10 gram, including creating additional jobs; and 

11 (B) take into account— 

12 (i) the economic characteristics of the 

13 HUBZone; and 

14 (ii) contracts being counted under 

15 multiple socioeconomic subcategories. 

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

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

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

19 following: 

20 ‘‘(E) EMPLOYMENT PERCENTAGE DURING

21 INTERIM PERIOD.— 

22 ‘‘(i) DEFINITION.—In this subpara23 graph, the term ‘interim period’ means the 

24 period beginning on the date on which the 

25 Administrator determines that a HUBZone 


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1 small business concern is qualified under 

2 subparagraph (A) and ending on the day 

3 before the date on which a contract under 

4 the HUBZone program for which the 

5 HUBZone small business concern submits 

6 a bid is awarded. 

7 ‘‘(ii) INTERIM PERIOD.—During the 

8 interim period, the Administrator may not 

9 determine that the HUBZone small busi10 ness is not qualified under subparagraph 

11 (A) based on a failure to meet the applica12 ble employment percentage under subpara13 graph (A)(i)(I), unless the HUBZone small 

14 business concern— 

15 ‘‘(I) has not attempted to main16 tain the applicable employment per17 centage under subparagraph (A)(i)(I); 

18 or 

19 ‘‘(II) does not meet the applica20 ble employment percentage— 

21 ‘‘(aa) on the date on which 

22 the HUBZone small business 

23 concern submits a bid for a con24 tract under the HUBZone pro25 gram; or 


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1 ‘‘(bb) on the date on which 

2 the HUBZone small business 

3 concern is awarded a contract 

4 under the HUBZone program.’’; 

5 and 

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

7 ‘‘(8) HUBZONE PROGRAM.—The term 

8 ‘HUBZone program’ means the program established 

9 under section 31. 

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

11 map’ means the map used by the Administration to 

12 identify HUBZones.’’. 

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

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

15 amended to read as follows: 

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

17 which the Administrator publishes a 

18 HUBZone map that is based on the results 

19 from the 2010 decennial census; or’’. 

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

21 AND PROSECUTION. 

22 The Administrator shall submit an annual report to 

23 the Committee on Small Business and Entrepreneurship 

24 of the Senate and the Committee on Small Business of 

25 the House of Representatives that contains— 


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1 (1) the number of debarments from participa2 tion in programs of the Administration issued by the 

3 Administrator during the 1-year period preceding 

4 the date of the report, including— 

5 (A) the number of debarments that were 

6 based on a conviction; and 

7 (B) the number of debarments that were 

8 fact-based and did not involve a conviction; 

9 (2) the number of suspensions from participa10 tion in programs of the Administration issued by the 

11 Administrator during the 1-year period preceding 

12 the date of the report, including— 

13 (A) the number of suspensions issued that 

14 were based upon indictments; and 

15 (B) the number of suspensions issued that 

16 were fact-based and did not involve an indict17 ment; 

18 (3) the number of suspension and debarments 

19 issued by the Administrator during the 1-year period 

20 preceding the date of the report that were based 

21 upon referrals from offices of the Administration, 

22 other than the Office of Inspector General; 

23 (4) the number of suspension and debarments 

24 issued by the Administrator during the 1-year period 


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1 preceding the date of the report based upon referrals 

2 from the Office of Inspector General; and 

3 (5) the number of persons that the Adminis4 trator declined to debar or suspend after a referral 

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

6 such decision. 

7 Subtitle C—Fairness in Women8 Owned Small Business Contracting 

9 SEC. 531. SHORT TITLE. 

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

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

12 SEC. 532. PROCUREMENT PROGRAM FOR WOMEN-OWNED 

13 SMALL BUSINESS CONCERNS. 

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

15 637(m)) is amended— 

16 (1) in paragraph (2)— 

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

18 are economically disadvantaged’’; 

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

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

21 (4)’’; 

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

23 (D) by redesignating subparagraphs (E) 

24 and (F) as subparagraphs (D) and (E), respec25 tively; and 


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

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

3 officer may award a sole source contract under this 

4 subsection to a small business concern owned and 

5 controlled by women under the same conditions as a 

6 sole source contract may be awarded to a qualified 

7 HUBZone small business concern under section 

8 31(b)(2)(A).’’. 

9 SEC. 533. STUDY AND REPORT ON REPRESENTATION OF 

10 WOMEN. 

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

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

13 by adding at the end the following: 

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

15 WOMEN.— 

16 ‘‘(1) STUDY.—The Administrator shall periodi17 cally conduct a study to identify any United States 

18 industry, as defined under the North American In19 dustry Classification System, in which women are 

20 underrepresented. 

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

22 date of enactment of this subsection, and every 5 

23 years thereafter, the Administrator shall submit to 

24 the Committee on Small Business and Entrepre25 neurship of the Senate and the Committee on Small 


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1 Business of the House of Representatives a report 

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

3 conducted during the 5-year period ending on the 

4 date of the report.’’. 

5 Subtitle D—Small Business 

6 Champion 

7 SEC. 541. SHORT TITLE. 

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

9 Champion Act of 2012’’. 

10 SEC. 542. OFFICES OF SMALL AND DISADVANTAGED BUSI11 NESS UTILIZATION. 

12 (a) APPOINTMENT AND POSITION OF DIRECTOR.— 

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

14 644(k)(2)) is amended by striking ‘‘such agency,’’ and in15 serting ‘‘such agency to a position that is a Senior Execu16 tive Service position (as such term is defined under section 

17 3132(a) of title 5, United States Code), except that, for 

18 any agency in which the positions of Chief Acquisition Of19 ficer and senior procurement executive (as such terms are 

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

21 Executive Service positions, the Director of Small and Dis22 advantaged Business Utilization may be appointed to a 

23 position compensated at not less than the minimum rate 

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


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1 Schedule under section 5332 of such title (including com2 parability payments under section 5304 of such title);’’. 

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

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

5 amended— 

6 (1) by striking ‘‘be responsible only to, and re7 port directly to, the head’’ and inserting ‘‘shall be 

8 responsible only to (including with respect to per9 formance appraisals), and report directly and exclu10 sively to, the head’’; and 

11 (2) by striking ‘‘be responsible only to, and re12 port directly to, such Secretary’’ and inserting ‘‘be 

13 responsible only to (including with respect to per14 formance appraisals), and report directly and exclu15 sively to, such Secretary’’. 

16 (c) SMALL BUSINESS TECHNICAL ADVISERS.—Sec17 tion 15(k)(8)(B) of the Small Business Act (15 U.S.C. 

18 644(k)(8)(B)) is amended by striking ‘‘and 15 of this 

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

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

21 the Small Business Act (15 U.S.C. 644(k)) is amended 

22 by inserting after paragraph (10) the following: 

23 ‘‘(11) shall review and advise such agency on 

24 any decision to convert an activity performed by a 


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1 small business concern to an activity performed by 

2 a Federal employee; 

3 ‘‘(12) shall provide to the Chief Acquisition Of4 ficer and senior procurement executive of such agen5 cy advice and comments on acquisition strategies, 

6 market research, and justifications related to section 

7 43 of this Act; 

8 ‘‘(13) may provide training to small business 

9 concerns and contract specialists, except that such 

10 training may only be provided to the extent that the 

11 training does not interfere with the Director car12 rying out other responsibilities under this subsection; 

13 ‘‘(14) shall carry out exclusively the duties enu14 merated in this Act, and shall, while the Director, 

15 not hold any other title, position, or responsibility, 

16 except as necessary to carry out responsibilities 

17 under this subsection; 

18 ‘‘(15) shall submit, each fiscal year, to the 

19 Committee on Small Business of the House of Rep20 resentatives and the Committee on Small Business 

21 and Entrepreneurship of the Senate a report de22 scribing— 

23 ‘‘(A) the training provided by the Director 

24 under paragraph (13) in the most recently com25 pleted fiscal year; 


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1 ‘‘(B) the percentage of the budget of the 

2 Director used for such training in the most re3 cently completed fiscal year; and 

4 ‘‘(C) the percentage of the budget of the 

5 Director used for travel in the most recently 

6 completed fiscal year; and 

7 ‘‘(16) shall have not less than 10 years of rel8 evant procurement experience.’’. 

9 (e) TECHNICAL AMENDMENTS.—Section 15(k) of the 

10 Small Business Act (15 U.S.C. 644(k)), as amended by 

11 subsection (d), is further amended— 

12 (1) in the matter preceding paragraph (1) by 

13 striking ‘‘who shall’’ and inserting ‘‘who’’; 

14 (2) in paragraph (1)— 

15 (A) by striking ‘‘be known’’ and inserting 

16 ‘‘shall be known’’; and 

17 (B) by striking ‘‘such agency,’’ and insert18 ing ‘‘such agency;’’; 

19 (3) in paragraph (2) by striking ‘‘be appointed 

20 by’’ and inserting ‘‘shall be appointed by’’; 

21 (4) in paragraph (3)— 

22 (A) by striking ‘‘director’’ and inserting 

23 ‘‘Director’’; and 

24 (B) by striking ‘‘Secretary’s designee,’’ and 

25 inserting ‘‘Secretary’s designee;’’; 


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1 (5) in paragraph (4)— 

2 (A) by striking ‘‘be responsible’’ and in3 serting ‘‘shall be responsible’’; and 

4 (B) by striking ‘‘such agency,’’ and insert5 ing ‘‘such agency;’’; 

6 (6) in paragraph (5) by striking ‘‘identify pro7 posed’’ and inserting ‘‘shall identify proposed’’; 

8 (7) in paragraph (6) by striking ‘‘assist small’’ 

9 and inserting ‘‘shall assist small’’; 

10 (8) in paragraph (7)— 

11 (A) by striking ‘‘have supervisory’’ and in12 serting ‘‘shall have supervisory’’; and 

13 (B) by striking ‘‘this Act,’’ and inserting 

14 ‘‘this Act;’’; 

15 (9) in paragraph (8)— 

16 (A) by striking ‘‘assign a’’ and inserting 

17 ‘‘shall assign a’’; and 

18 (B) by striking ‘‘the activity, and’’ and in19 serting ‘‘the activity; and’’; 

20 (10) in paragraph (9)— 

21 (A) by striking ‘‘cooperate, and’’ and in22 serting ‘‘shall cooperate, and’’; and 

23 (B) by striking ‘‘subsection, and’’ and in24 serting ‘‘subsection;’’; and 

25 (11) in paragraph (10)— 


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1 (A) by striking ‘‘make recommendations’’ 

2 and inserting ‘‘shall make recommendations’’; 

3 (B) by striking ‘‘subsection (a), or section’’ 

4 and inserting ‘‘subsection (a), section’’; 

5 (C) by striking ‘‘Act or section 2323’’ and 

6 inserting ‘‘Act, or section 2323’’; 

7 (D) by striking ‘‘Code. Such recommenda8 tions shall’’ and inserting ‘‘Code, which shall’’; 

9 and 

10 (E) by striking ‘‘contract file.’’ and insert11 ing ‘‘contract file;’’. 

12 SEC. 543. SMALL BUSINESS PROCUREMENT ADVISORY 

13 COUNCIL. 

14 (a) DUTIES.—Section 7104(b) of the Federal Acqui15 sition Streamlining Act of 1994 (15 U.S.C. 644 note) is 

16 amended— 

17 (1) in paragraph (1) by striking ‘‘and’’ at the 

18 end; 

19 (2) in paragraph (2) by striking ‘‘authorities.’’ 

20 and inserting ‘‘authorities;’’; and 

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

22 ‘‘(3) to conduct reviews of each Office of Small 

23 and Disadvantaged Business Utilization established 

24 under section 15(k) of the Small Business Act (15 


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1 U.S.C. 644(k)) to determine the compliance of each 

2 Office with requirements under such section; 

3 ‘‘(4) to identify best practices for maximizing 

4 small business utilization in Federal contracting that 

5 may be implemented by Federal agencies having pro6 curement powers; and 

7 ‘‘(5) to submit, annually, to the Committee on 

8 Small Business of the House of Representatives and 

9 the Committee on Small Business and Entrepre10 neurship of the Senate a report describing— 

11 ‘‘(A) the comments submitted under para12 graph (2) during the 1-year period ending on 

13 the date on which the report is submitted, in14 cluding any outcomes related to the comments; 

15 ‘‘(B) the results of reviews conducted 

16 under paragraph (3) during such 1-year period; 

17 and 

18 ‘‘(C) best practices identified under para19 graph (4) during such 1-year period.’’. 

20 (b) MEMBERSHIP.—Section 7104(c) of the Federal 

21 Acquisition Streamlining Act of 1994 (15 U.S.C. 644 

22 note) is amended by striking ‘‘(established under section 

23 15(k) of the Small Business Act (15 U.S.C. 644(k))’’. 

24 (c) CHAIRMAN.—Section 7104(d) of the Federal Ac25 quisition Streamlining Act of 1994 (15 U.S.C. 644 note) 


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1 is amended by inserting after ‘‘Small Business Adminis2 tration’’ the following: ‘‘(or the designee of the Adminis3 trator)’’. 

4 Subtitle E—Subcontracts 

5 SEC. 551. SUBCONTRACTS AWARDED BY FEDERALLY FUND6 ED RESEARCH AND DEVELOPMENT CENTERS. 

7 Subsection 15(g) of the Small Business Act (15 

8 U.S.C. 644(g)) is amended by adding at the end the fol9 lowing: 

10 ‘‘(3) First tier subcontracts that are awarded by a 

11 federally funded research and development center spon12 sored by a Federal agency to small business concerns, 

13 small business concerns owned and controlled by service14 disabled veterans, qualified HUBZone small business con15 cerns, small business concerns owned and controlled by so16 cially and economically disadvantaged individuals, and 

17 small business concerns owned and controlled by women, 

18 shall be considered in determining whether the annually 

19 established agency and governmentwide goals for procure20 ment contracts have been met.’’. 

Æ 


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