II 

Calendar No. 386 

110TH CONGRESS 

1ST SESSION S. 1671 

[Report No. 110–185] 

To reauthorize and improve the entrepreneurial development programs of 

the Small Business Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 20, 2007 

Mr. KERRY (for himself and Ms. SNOWE) introduced the following bill; which 

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

SEPTEMBER 26, 2007 

Reported by Mr. KERRY, with an amendment 

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

A BILL 

To reauthorize and improve the entrepreneurial development 

programs of the Small Business Administration, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Entrepreneurial Devel5 opment Act of 2007’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—REAUTHORIZATION 

Sec. 101. Reauthorization. 

TITLE II—WOMEN’S SMALL BUSINESS OWNERSHIP PROGRAMS 

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

Sec. 202. Women’s Business Center Program. 

Sec. 203. National Women’s Business Council. 

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

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

Council. 

TITLE III—INTERNATIONAL TRADE 

Sec. 301. Small Business Administration Associate Administrator for International Trade. 

Sec. 302. Office of International Trade. 

TITLE IV—NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT 

PROGRAM 

Sec. 401. Short title. 

Sec. 402. Native American Small Business Development Program. 

Sec. 403. Pilot programs. 

TITLE V—NATIONAL SMALL BUSINESS REGULATORY ASSISTANCE 

Sec. 501. Short title. 

Sec. 502. Purpose. 

Sec. 503. Small Business Regulatory Assistance Pilot Program. 

Sec. 504. Rulemaking. 

TITLE VI—OTHER PROVISIONS 

Sec. 601. Minority Entrepreneurship and Innovation Pilot Program. 

Sec. 602. Institutions of higher education. 

Sec. 603. Health insurance options information for small business concerns. 

Sec. 604. National Small Business Development Center Advisory Board. 

Sec. 605. Office of Native American Affairs pilot program. 

Sec. 606. Privacy requirements for SCORE chapters. 

Sec. 607. National Small Business Summit. 

3 SEC. 3. DEFINITIONS. 

4 In this Act— 


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

3 and the Administrator thereof, respectively; and 

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

5 meaning given that term in section 3 of the Small 

6 Business Act (15 U.S.C. 632). 

7 TITLE I—REAUTHORIZATION 

8 SEC. 101. REAUTHORIZATION. 

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

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

11 (1) by striking subsections (d), (e), and (j); and 

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

13 ‘‘(d) SCORE PROGRAM.—There are authorized to be 

14 appropriated to the Administrator to carry out the Service 

15 Corps of Retired Executives program authorized by sec16 tion 8(b)(1) such sums as are necessary for the Adminis17 trator to make grants or enter into cooperative agreements 

18 for a total of— 

19 ‘‘(1) $7,000,000 in fiscal year 2008; 

20 ‘‘(2) $8,000,000 in fiscal year 2009; and 

21 ‘‘(3) $9,000,000 in fiscal year 2010’’. 

22 (b) SMALL BUSINESS DEVELOPMENT CENTERS.— 

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

24 amended— 


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1 (1) in subsection (a)(4)(C), by amending clause 

2 (vii) to read as follows: 

3 ‘‘(vii) AUTHORIZATION OF APPROPRIA4 TIONS.—There are authorized to be appro5 priated to carry out this subparagraph— 

6 ‘‘(I) $135,000,000 for fiscal year 

7 2008; 

8 ‘‘(II) $140,000,000 for fiscal 

9 year 2009; and 

10 ‘‘(III) $145,000,000 for fiscal 

11 year 2010.’’; and 

12 (2) in subsection (c)(3)(T), by striking ‘‘Octo13 ber 1, 2006’’ and inserting ‘‘October 1, 2010’’. 

14 (3) PAUL D. COVERDELL DRUG-FREE WORK15 PLACE PROGRAM.— 

16 (A) IN GENERAL.—Section 27(g) of the 

17 Small Business Act (15 U.S.C. 654(g)) is 

18 amended— 

19 (i) in paragraph (1), by striking ‘‘fis20 cal years 2005 and 2006’’ and inserting 

21 ‘‘fiscal years 2008 through 2010’’; and 

22 (ii) in paragraph (2), by striking ‘‘fis23 cal years 2005 and 2006’’ and inserting 

24 ‘‘fiscal years 2008 through 2010’’. 


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1 (B) CONFORMING AMENDMENT.—Section 

2 21(c)(3)(T) of the Small Business Act (15 

3 U.S.C. 648(c)(3)(T)) is amended by striking 

4 ‘‘October 1, 2006’’ and inserting ‘‘October 1, 

5 2010’’. 

6 TITLE II—WOMEN’S SMALL BUSI7 NESS OWNERSHIP PROGRAMS 

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

9 Section 29(g) of the Small Business Act (15 U.S.C. 

10 656(g)) is amended— 

11 (1) in paragraph (2)— 

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

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

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

15 address issues concerning management, oper16 ations, manufacturing, technology, finance, re17 tail and product sales, international trade, and 

18 other disciplines required for— 

19 ‘‘(I) starting, operating, and 

20 growing a small business concern;’’; 

21 and 

22 (B) in subparagraph (C), by inserting be23 fore the period at the end the following: ‘‘, the 

24 National Women’s Business Council, and any 

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


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

2 ‘‘(3) PROGRAMS AND SERVICES FOR WOMEN3 OWNED SMALL BUSINESSES.—The Assistant Admin4 istrator, in consultation with the National Women’s 

5 Business Council, the Interagency Committee on 

6 Women’s Business Enterprise, and 1 or more asso7 ciations of women’s business centers, shall develop 

8 programs and services for women-owned businesses 

9 (as defined in section 408 of the Women’s Business 

10 Ownership Act of 1988 (15 U.S.C. 631 note)) in 

11 business areas, which may include— 

12 ‘‘(A) manufacturing; 

13 ‘‘(B) technology; 

14 ‘‘(C) professional services; 

15 ‘‘(D) retail and product sales; 

16 ‘‘(E) travel and tourism; 

17 ‘‘(F) international trade; and 

18 ‘‘(G) Federal Government contract busi19 ness development. 

20 ‘‘(4) TRAINING.—The Administrator shall pro21 vide annual programmatic and financial oversight 

22 training for women’s business ownership representa23 tives and district office technical representatives of 

24 the Administration to enable representatives to carry 

25 out their responsibilities under this section. 


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1 ‘‘(5) GRANT PROGRAM AND TRANSPARENCY IM2 PROVEMENTS.—The Administrator shall improve the 

3 transparency of the women’s business center grant 

4 proposal process and the programmatic and financial 

5 oversight process by— 

6 ‘‘(A) providing notice to the public of each 

7 women’s business center grant announcement 

8 for an initial and renewal grant, not later than 

9 6 months before awarding such grant; 

10 ‘‘(B) providing notice to grant applicants 

11 and recipients of program evaluation and award 

12 criteria, not later than 12 months before any 

13 such evaluation; 

14 ‘‘(C) reducing paperwork and reporting re15 quirements for grant applicants and recipients; 

16 ‘‘(D) standardizing the oversight and re17 view process of the Administration; and 

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

19 center, not later than 30 days after the comple20 tion of a site visit at that center, a copy of site 

21 visit reports and evaluation reports prepared by 

22 district office technical representatives or Ad23 ministration officials.’’. 


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

2 (a) WOMEN’S BUSINESS CENTER GRANTS PRO3 GRAM.—Section 29 of the Small Business Act (15 U.S.C. 

4 656) is amended— 

5 (1) in subsection (a)— 

6 (A) by redesignating paragraphs (2), (3), 

7 and (4), as paragraphs (3), (4), and (5), re8 spectively; and 

9 (B) by inserting after paragraph (1) the 

10 following: 

11 ‘‘(2) the term ‘association of women’s business 

12 centers’ means an organization that represents not 

13 fewer than 30 percent of the women’s business cen14 ters that are participating in a program under this 

15 section, and whose primary purpose is to represent 

16 women’s business centers;’’; 

17 (2) in subsection (b)— 

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

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

20 and adjusting the margins accordingly; 

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

22 inserting the following: 

23 ‘‘(1) IN GENERAL.—The Administration’’; 

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

25 inserting the following: 

26 ‘‘(2) USE OF FUNDS.—The projects shall’’; and 


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

2 ‘‘(3) AMOUNT OF GRANTS.— 

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

4 may award a grant under this subsection of not 

5 more than $150,000 per year. 

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

7 that the Administration has insufficient funds 

8 to provide grants of $150,000 for each grant 

9 recipient under this subsection in any fiscal 

10 year, available funds shall be allocated equally 

11 to grant recipients, unless any recipient re12 quests a lower amount than the allocable 

13 amount. 

14 ‘‘(4) ASSOCIATIONS OF WOMEN’S BUSINESS

15 CENTERS.— 

16 ‘‘(A) RECOGNITION.—The Administrator 

17 shall recognize the existence and activities of 

18 any association of women’s business centers es19 tablished to address matters of common con20 cern. 

21 ‘‘(B) CONSULTATION.—The Administrator 

22 shall consult with each association of women’s 

23 business centers to develop— 


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1 ‘‘(i) a training program for the staff 

2 of the women’s business centers and the 

3 Administration; and 

4 ‘‘(ii) recommendations to improve the 

5 policies and procedures for governing the 

6 general operations and administration of 

7 the Women’s Business Center Program, in8 cluding grant program improvements 

9 under subsection (g)(5).’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

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

14 award a contract (as a sustainability grant) 

15 under subsection (l) or’’; 

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

17 Administration’’ and inserting ‘‘Not later than 

18 November 1st of each year, the Administrator’’; 

19 and 

20 (C) in subsection (k)— 

21 (i) by striking paragraphs (1) and (2) 

22 and inserting 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 ‘‘(A) $15,000,000 for fiscal year 2008; 

2 ‘‘(B) $16,000,000 for fiscal year 2009; and 

3 ‘‘(C) $17,500,000 for fiscal year 2010. 

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

5 pursuant to paragraph (1), the Administrator shall 

6 use not less than 60 percent for grants under sub7 section (m). 

8 ‘‘(3) USE OF AMOUNTS.—Amounts made avail9 able under this subsection may only be used for 

10 grant awards and may not be used for costs incurred 

11 by the Administration in connection with the man12 agement and administration of the program under 

13 this section.’’; and 

14 (ii) by striking paragraph (4). 

15 (2) RENEWAL GRANTS.— 

16 (A) IN GENERAL.—Section 29 of the Small 

17 Business Act (15 U.S.C. 656) is amended by 

18 redesignating subsections (m) and (n) as sub19 sections (l) and (m), respectively. 

20 (B) REFERENCE.—Subsection (l)(4)(D) of 

21 section 29 of the Small Business Act (15 

22 U.S.C. 656), as redesignated by subparagraph 

23 (A) of this paragraph, is amended by striking 

24 ‘‘or subsection (l)’’. 


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1 (C) ALLOCATION.—Section 29(k)(2) of the 

2 Small Business Act (15 U.S.C. 656(k)(2)), as 

3 amended by this Act, is amended by striking 

4 ‘‘subsection (m)’’ and inserting ‘‘subsection 

5 (l)’’. 

6 (D) EFFECTIVE DATE.—The amendments 

7 made by this paragraph shall take effect on the 

8 day after the effective date of the amendments 

9 made by section 8305(b) of the Small Business 

10 and Work Opportunity Act of 2007 (Public 

11 Law 110–28) (striking subsection (l)). 

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

13 (a) COSPONSORSHIP AUTHORITY.—Section 406 of 

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

15 7106) is amended by adding at the end the following: 

16 ‘‘(f) COSPONSORSHIP AUTHORITY.—The Council is 

17 authorized to enter into agreements as a cosponsor with 

18 public and private entities, in the same manner as is pro19 vided in section 8(b)(1)(A) of the Small Business Act (15 

20 U.S.C. 637(b)(1)(A)), to carry out its duties under this 

21 section.’’. 

22 (b) MEMBERSHIP.—Section 407(f) of the Women’s 

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

24 amended by adding at the end the following: 


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

3 Council and the Administrator, a national women’s 

4 business organization or small business concern that 

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

8 (c) ESTABLISHMENT OF WORKING GROUPS.—Title 

9 IV of the Women’s Business Ownership Act of 1988 (15 

10 U.S.C. 7101 et seq.) is amended by inserting after section 

11 410, the following new section: 

12 ‘‘SEC. 411. WORKING GROUPS. 

13 ‘‘(a) ESTABLISHMENT.—There are established within 

14 the Council, working groups, as directed by the chair15 person. 

16 ‘‘(b) DUTIES.—The working groups established 

17 under subsection (a) shall perform such duties as the 

18 chairperson shall direct.’’. 

19 (d) CLEARINGHOUSE FOR HISTORICAL DOCU20 MENTS.—Section 409 of the Women’s Business Owner21 ship Act of 1988 (15 U.S.C. 7109) is amended by adding 

22 at the end the following: 

23 ‘‘(c) CLEARINGHOUSE FOR HISTORICAL DOCU24 MENTS.—The Council shall serve as a clearinghouse for 

25 information on small businesses owned and controlled by 


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1 women, including research conducted by other organiza2 tions and individuals relating to ownership by women of 

3 small business concerns in the United States.’’. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 410(a) of the Women’s Business Ownership Act of 1988 

6 (15 U.S.C. 7110(a)) is amended by striking ‘‘2001 

7 through 2003, of which $550,000’’ and inserting ‘‘2008 

8 through 2010, of which not less than 30 percent’’. 

9 SEC. 204. INTERAGENCY COMMITTEE ON WOMEN’S BUSI10 NESS ENTERPRISE. 

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

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

13 amended— 

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

15 following: 

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

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

18 ‘‘(2) VACANCY.—In the event that a chair19 person is not appointed under paragraph (1), the 

20 Deputy Administrator of the Small Business Admin21 istration shall serve as acting chairperson of the 

22 Interagency Committee until a chairperson is ap23 pointed under paragraph (1).’’. 


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

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

3 7101) is amended— 

4 (1) by striking ‘‘There’’ and inserting the fol5 lowing: 

6 ‘‘(a) IN GENERAL.—There’’; and 

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

8 ‘‘(b) POLICY ADVISORY GROUP.— 

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

10 Policy Advisory Group to assist the chairperson in 

11 developing policies and programs under this Act. 

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

13 Group shall be composed of 7 policy making offi14 cials, of whom— 

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

16 Small Business Administration; 

17 ‘‘(B) 1 shall be a representative of the De18 partment of Commerce; 

19 ‘‘(C) 1 shall be a representative of the De20 partment of Labor; 

21 ‘‘(D) 1 shall be a representative of the De22 partment of Defense; 

23 ‘‘(E) 1 shall be a representative of the De24 partment of the Treasury; and 


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

2 Council.’’. 

3 SEC. 205. PRESERVING THE INDEPENDENCE OF THE NA4 TIONAL WOMEN’S BUSINESS COUNCIL. 

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

6 (1) The National Women’s Business Council 

7 provides an independent source of advice and policy 

8 recommendations regarding women’s business devel9 opment and the needs of women entrepreneurs in 

10 the United States to— 

11 (A) the President; 

12 (B) Congress; 

13 (C) the Interagency Committee on Wom14 en’s Business Enterprise; and 

15 (D) the Administrator. 

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

17 Business Council are small business owners, rep18 resentatives of business organizations, and rep19 resentatives of women’s business centers. 

20 (3) The chair and ranking member of the Com21 mittee on Small Business and Entrepreneurship of 

22 the Senate and the Committee on Small Business of 

23 the House of Representatives make recommenda24 tions to the Administrator to fill 8 of the positions 

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


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1 the positions are reserved for small business owners 

2 who are affiliated with the political party of the 

3 President and 4 of the positions are reserved for 

4 small business owners who are not affiliated with the 

5 political party of the President. This method of ap6 pointment ensures that the National Women’s Busi7 ness Council will provide Congress with nonpartisan, 

8 balanced, and independent advice. 

9 (4) In order to maintain the independence of 

10 the National Women’s Business Council and to en11 sure that the Council continues to provide Congress 

12 with advice on a nonpartisan basis, it is essential 

13 that the Council maintain the bipartisan balance es14 tablished under section 407 of the Women’s Busi15 ness Ownership Act of 1988 (15 U.S.C. 7107). 

16 (b) MAINTENANCE OF PARTISAN BALANCE.—Section 

17 407(f) of the Women’s Business Ownership Act of 1988 

18 (15 U.S.C. 7107(f)), as amended by this Act, is amended 

19 by adding at the end the following: 

20 ‘‘(4) PARTISAN BALANCE.—When filling a va21 cancy under paragraph (1) of this subsection of a 

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

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

24 practicable, ensure that there are an equal number 


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

2 political parties. 

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

4 filled within the 30-day period required under para5 graph (1), or if there exists an imbalance of party6 affiliated members on the Council for a period ex7 ceeding 30 days, the Administrator shall submit a 

8 report, not later than 10 days after the expiration 

9 of either such 30-day deadline, to the Committee on 

10 Small Business and Entrepreneurship of the Senate 

11 and the Committee on Small Business of the House 

12 of Representatives, that explains why the respective 

13 deadline was not met and provides an estimated date 

14 on which any vacancies will be filled, as applicable.’’. 

15 TITLE III—INTERNATIONAL 

16 TRADE 

17 SEC. 301. SMALL BUSINESS ADMINISTRATION ASSOCIATE 

18 ADMINISTRATOR FOR INTERNATIONAL 

19 TRADE. 

20 (a) ESTABLISHMENT.—Section 22(a) of the Small 

21 Business Act (15 U.S.C. 649(a)) is amended by adding 

22 at the end the following: ‘‘The head of the Office shall 

23 be the Associate Administrator for International Trade, 

24 who shall be responsible to the Administrator.’’. 


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1 (b) AUTHORITY FOR ADDITIONAL ASSOCIATE AD2 MINISTRATOR.—Section 4(b)(1) of the Small Business Act 

3 (15 U.S.C. 633(b)(1)) is amended— 

4 (1) in the fifth sentence, by striking ‘‘five Asso5 ciate Administrators’’ and inserting ‘‘Associate Ad6 ministrators’’; and 

7 (2) by adding at the end the following: ‘‘One of 

8 the Associate Administrators shall be the Associate 

9 Administrator for International Trade, who shall be 

10 the head of the Office of International Trade estab11 lished under section 22.’’. 

12 (c) DISCHARGE OF ADMINISTRATION INTER13 NATIONAL TRADE RESPONSIBILITIES.—Section 22 of the 

14 Small Business Act (15 U.S.C. 649) is amended by adding 

15 at the end the following: 

16 ‘‘(h) DISCHARGE OF ADMINISTRATION INTER17 NATIONAL TRADE RESPONSIBILITIES.—The Adminis18 trator shall ensure that— 

19 ‘‘(1) the responsibilities of the Administration 

20 regarding international trade are carried out 

21 through the Associate Administrator for Inter22 national Trade; 

23 ‘‘(2) the Associate Administrator for Inter24 national Trade has sufficient resources to carry out 

25 such responsibilities; and 


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1 ‘‘(3) the Associate Administrator for Inter2 national Trade has direct supervision and control 

3 over the staff of the Office of International Trade, 

4 and over any employee of the Administration whose 

5 principal duty station is a United States Export As6 sistance Center or any successor entity.’’. 

7 (d) ROLE OF ASSOCIATE ADMINISTRATOR IN CAR8 RYING OUT INTERNATIONAL TRADE POLICY.—Section 

9 2(b)(1) of the Small Business Act (15 U.S.C. 631(b)(1)) 

10 is amended in the matter preceding subparagraph (A)— 

11 (1) by inserting ‘‘the Administrator of’’ before 

12 ‘‘the Small Business Administration’’; and 

13 (2) by inserting ‘‘through the Associate Admin14 istrator for International Trade, and’’ before ‘‘in co15 operation with’’. 

16 (e) TECHNICAL AMENDMENT.—Section 22(c)(5) of 

17 the Small Business Act (15 U.S.C. 649(c)(5)) is amended 

18 by striking the period at the end and inserting a semi19 colon. 

20 (f) EFFECTIVE DATE.—Not later than 90 days after 

21 the date of enactment of this Act, the Administrator shall 

22 appoint an Associate Administrator for International 

23 Trade under section 22 of the Small Business Act (15 

24 U.S.C. 649), as amended by this section. 


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1 SEC. 302. OFFICE OF INTERNATIONAL TRADE. 

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

3 is amended— 

4 (1) by striking ‘‘SEC. 22. (a) There’’ and in5 serting the following: 

6 ‘‘SEC. 22. OFFICE OF INTERNATIONAL TRADE. 

7 ‘‘(a) ESTABLISHMENT.—There’’. 

8 (2) in subsection (a), by inserting ‘‘(referred to 

9 in this section as the ‘Office’),’’ after ‘‘Trade’’; 

10 (3) in subsection (b)— 

11 (A) by striking ‘‘The Office’’ and inserting 

12 the following: 

13 ‘‘(b) TRADE DISTRIBUTION NETWORK.—The Office, 

14 including United States Export Assistance Centers (re15 ferred to as ‘one-stop shops’ in section 2301(b)(8) of the 

16 Omnibus Trade and Competitiveness Act of 1988 (15 

17 U.S.C. 4721(b)(8)) and as ‘export centers’ in this sec18 tion)’’; and 

19 (B) by amending paragraph (1) to read as 

20 follows: 

21 ‘‘(1) assist in maintaining a distribution net22 work using regional and local offices of the Adminis23 tration, the small business development center net24 work, the women’s business center network, and ex25 port centers for— 

26 ‘‘(A) trade promotion; 


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1 ‘‘(B) trade finance; 

2 ‘‘(C) trade adjustment; 

3 ‘‘(D) trade remedy assistance; and 

4 ‘‘(E) trade data collection.’’; 

5 (4) in subsection (c)— 

6 (A) by redesignating paragraphs (1) 

7 through (8) as paragraphs (2) through (9), re8 spectively; 

9 (B) by inserting before paragraph (2), as 

10 so redesignated, the following: 

11 ‘‘(1) establish annual goals for the Office relat12 ing to— 

13 ‘‘(A) enhancing the exporting capability of 

14 small business concerns and small manufactur15 ers; 

16 ‘‘(B) facilitating technology transfers; 

17 ‘‘(C) enhancing programs and services to 

18 assist small business concerns and small manu19 facturers to compete effectively and efficiently 

20 against foreign entities; 

21 ‘‘(D) increasing the access to capital by 

22 small business concerns; 

23 ‘‘(E) disseminating information concerning 

24 Federal, State, and private programs and initia25 tives; and 


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1 ‘‘(F) ensuring that the interests of small 

2 business concerns are adequately represented in 

3 trade negotiations;’’; 

4 (C) in paragraph (2), as so redesignated, 

5 by striking ‘‘mechanism for’’ and all that fol6 lows through ‘‘(D)’’ and inserting the following: 

7 ‘‘mechanism for— 

8 ‘‘(A) identifying subsectors of the small 

9 business community with strong export poten10 tial; 

11 ‘‘(B) identifying areas of demand in for12 eign markets; 

13 ‘‘(C) prescreening foreign buyers for com14 mercial and credit purposes; and 

15 ‘‘(D)’’; and 

16 (D) in paragraph (9), as so redesignated— 

17 (i) in the matter preceding subpara18 graph (A)— 

19 (I) by striking ‘‘full-time export 

20 development specialists to each Ad21 ministration regional office and as22 signing’’; and 

23 (II) by striking ‘‘office. Such spe24 cialists’’ and inserting ‘‘office and pro25 viding each Administration regional 


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1 office with a full-time export develop2 ment specialist, who’’; 

3 (ii) in subparagraph (D), by striking 

4 ‘‘and’’ at the end; 

5 (iii) in subparagraph (E), by striking 

6 the period at the end and inserting a semi7 colon; and 

8 (iv) by adding at the end the fol9 lowing: 

10 ‘‘(F) participate jointly with employees of 

11 the Office in an annual training program that 

12 focuses on current small business needs for ex13 porting; and 

14 ‘‘(G) jointly develop and conduct training 

15 programs for exporters and lenders in coopera16 tion with the United States Export Assistance 

17 Centers, the Department of Commerce, small 

18 business development centers, and other rel19 evant Federal agencies.’’; 

20 (5) in subsection (d)— 

21 (A) by inserting ‘‘EXPORT FINANCING

22 PROGRAMS.—’’ after ‘‘(d)’’; 

23 (B) by redesignating paragraphs (1) 

24 through (5) as clauses (i) through (v), respec25 tively, and adjusting the margins accordingly; 


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1 (C) by striking ‘‘The Office shall work in 

2 cooperation’’ and inserting the following: 

3 ‘‘(1) IN GENERAL.—The Office shall work in 

4 cooperation’’; and 

5 (D) by striking ‘‘To accomplish this goal, 

6 the Office shall work’’ and inserting the fol7 lowing: 

8 ‘‘(2) TRADE FINANCIAL SPECIALIST.—To ac9 complish the goal established under paragraph (1), 

10 the Office shall— 

11 ‘‘(A) designate at least 1 individual within 

12 the Administration as a trade financial spe13 cialist to oversee international loan programs 

14 and assist Administration employees with trade 

15 finance issues; and 

16 ‘‘(B) work’’; 

17 (6) in subsection (e), by inserting ‘‘TRADE

18 REMEDIES.—’’ after ‘‘(e)’’; 

19 (7) by amending subsection (f) to read as fol20 lows: 

21 ‘‘(f) REPORTING REQUIREMENT.—The Office shall 

22 submit an annual report to the Committee on Small Busi23 ness and Entrepreneurship of the Senate and the Com24 mittee on Small Business of the House of Representatives 

25 that contains— 


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1 ‘‘(1) a description of the progress of the Office 

2 in implementing the requirements of this section; 

3 ‘‘(2) the destinations of travel by Office staff 

4 and benefits to the Administration and to small 

5 business concerns therefrom; and 

6 ‘‘(3) a description of the participation by the 

7 Office in trade negotiations.’’; 

8 (8) in subsection (g), by inserting ‘‘STUD9 IES.—’’ after ‘‘(g)’’; and 

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

11 ‘‘(i) EXPORT ASSISTANCE CENTERS.— 

12 ‘‘(1) IN GENERAL.—During the period begin13 ning on October 1, 2007, and ending on September 

14 30, 2010, the Administrator shall ensure that the 

15 number of full-time equivalent employees of the Of16 fice assigned to the one-stop shops referred to in 

17 section 2301(b) of the Omnibus Trade and Competi18 tiveness Act of 1988 (15 U.S.C. 4721 (b)) is not less 

19 than the number of such employees so assigned on 

20 January 1, 2003. 

21 ‘‘(2) PRIORITY OF PLACEMENT.—Priority shall 

22 be given, to the maximum extent practicable, to 

23 placing employees of the Administration at any Ex24 port Assistance Center that— 


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1 ‘‘(A) had an Administration employee as2 signed to such center before January 2003; and 

3 ‘‘(B) has not had an Administration em4 ployee assigned to such center during the period 

5 beginning January 2003, and ending on the 

6 date of enactment of this subsection, either 

7 through retirement or reassignment. 

8 ‘‘(3) NEEDS OF EXPORTERS.—The Adminis9 trator shall, to the maximum extent practicable, 

10 strategically assign Administration employees to Ex11 port Assistance Centers, based on the needs of ex12 porters. 

13 ‘‘(4) GOALS.—The Office shall work with the 

14 Department of Commerce and the Export-Import 

15 Bank to establish shared annual goals for the Ex16 port Centers. 

17 ‘‘(5) OVERSIGHT.—The Office shall designate 

18 an individual within the Administration to oversee 

19 all activities conducted by Administration employees 

20 assigned to Export Centers.’’. 


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1 TITLE IV—NATIVE AMERICAN 

2 SMALL BUSINESS DEVELOP3 MENT PROGRAM 

4 SEC. 401. SHORT TITLE. 

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

6 Small Business Development Act of 2007’’. 

7 SEC. 402. NATIVE AMERICAN SMALL BUSINESS DEVELOP8 MENT PROGRAM. 

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

10 amended— 

11 (1) by redesignating section 37 as section 38; 

12 and 

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

14 ‘‘SEC. 37. NATIVE AMERICAN SMALL BUSINESS DEVELOP15 MENT PROGRAM. 

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

17 ‘‘(1) the term ‘Alaska Native’ has the same 

18 meaning as the term ‘Native’ in section 3(b) of the 

19 Alaska Native Claims Settlement Act (43 U.S.C. 

20 1602(b)); 

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

22 the same meaning as the term ‘Native Corporation’ 

23 in section 3(m) of the Alaska Native Claims Settle24 ment Act (43 U.S.C. 1602(m)); 


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

2 the Assistant Administrator of the Office of Native 

3 American Affairs established under subsection (b); 

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

5 business center’ mean a center established under 

6 subsection (c); 

7 ‘‘(5) the term ‘Native American business devel8 opment center’ means an entity providing business 

9 development assistance to federally recognized tribes 

10 and Native Americans under a grant from the Mi11 nority Business Development Agency of the Depart12 ment of Commerce; 

13 ‘‘(6) the term ‘Native American small business 

14 concern’ means a small business concern that is 

15 owned and controlled by— 

16 ‘‘(A) a member of an Indian tribe or tribal 

17 government; 

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

19 corporation; or 

20 ‘‘(C) a Native Hawaiian or Native Hawai21 ian Organization; 

22 ‘‘(7) the term ‘Native Hawaiian’ has the same 

23 meaning as in section 625 of the Older Americans 

24 Act of 1965 (42 U.S.C. 3057k); 


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1 ‘‘(8) the term ‘Native Hawaiian Organization’ 

2 has the same meaning as in section 8(a)(15); 

3 ‘‘(9) the term ‘tribal college’ has the same 

4 meaning as the term ‘tribally controlled college or 

5 university’ has in section 2(a)(4) of the Tribally 

6 Controlled Community College Assistance Act of 

7 1978 (25 U.S.C. 1801(a)(4)); 

8 ‘‘(10) the term ‘tribal government’ has the 

9 same meaning as the term ‘Indian tribe’ has in sec10 tion 7501(a)(9) of title 31, United States Code; and 

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

12 within the exterior boundaries of any Indian reserva13 tion. 

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

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

16 within the Administration the Office of Native 

17 American Affairs, which, under the direction of the 

18 Assistant Administrator, shall implement the Admin19 istration’s programs for the development of business 

20 enterprises by Native Americans. 

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

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

24 ‘‘(A) start, operate, and grow small busi25 ness concerns; 


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1 ‘‘(B) develop management and technical 

2 skills; 

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

5 ‘‘(D) increase employment opportunities 

6 for Native Americans through the start and ex7 pansion of small business concerns; and 

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

10 ‘‘(3) ASSISTANT ADMINISTRATOR.— 

11 ‘‘(A) APPOINTMENT.—The Administrator 

12 shall appoint a qualified individual to serve as 

13 Assistant Administrator of the Office of Native 

14 American Affairs in accordance with this para15 graph. 

16 ‘‘(B) QUALIFICATIONS.—The Assistant 

17 Administrator appointed under subparagraph 

18 (A) shall have— 

19 ‘‘(i) knowledge of the Native Amer20 ican culture; and 

21 ‘‘(ii) experience providing culturally 

22 tailored small business development assist23 ance to Native Americans. 

24 ‘‘(C) EMPLOYMENT STATUS.—The Assist25 ant Administrator shall be a Senior Executive 


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1 Service position under section 3132(a)(2) of 

2 title 5, United States Code, and shall serve as 

3 a noncareer appointee, as defined in section 

4 3132(a)(7) of title 5, United States Code. 

5 ‘‘(D) RESPONSIBILITIES AND DUTIES.— 

6 The Assistant Administrator shall— 

7 ‘‘(i) administer and manage the Na8 tive American Small Business Development 

9 program established under this section; 

10 ‘‘(ii) recommend the annual adminis11 trative and program budgets for the Office 

12 of Native American Affairs; 

13 ‘‘(iii) consult with Native American 

14 business centers in carrying out the pro15 gram established under this section; 

16 ‘‘(iv) recommend appropriate funding 

17 levels; 

18 ‘‘(v) review the annual budgets sub19 mitted by each applicant for the Native 

20 American Small Business Development 

21 program; 

22 ‘‘(vi) select applicants to participate in 

23 the program under this section; 

24 ‘‘(vii) implement this section; and 


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1 ‘‘(viii) maintain a clearinghouse to 

2 provide for the dissemination and exchange 

3 of information between Native American 

4 business centers. 

5 ‘‘(E) CONSULTATION REQUIREMENTS.—In 

6 carrying out the responsibilities and duties de7 scribed in this paragraph, the Assistant Admin8 istrator shall confer with and seek the advice 

9 of— 

10 ‘‘(i) Administration officials working 

11 in areas served by Native American busi12 ness centers and Native American business 

13 development centers; 

14 ‘‘(ii) representatives of tribal govern15 ments; 

16 ‘‘(iii) tribal colleges; 

17 ‘‘(iv) Alaska Native corporations; and 

18 ‘‘(v) Native Hawaiian Organizations. 

19 ‘‘(c) NATIVE AMERICAN SMALL BUSINESS DEVELOP20 MENT PROGRAM.— 

21 ‘‘(1) AUTHORIZATION.— 

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

23 through the Office of Native American Affairs, 

24 shall provide financial assistance to tribal gov25 ernments, tribal colleges, Native Hawaiian OrVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6401 E:\BILLS\S1671.RS S1671

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1 ganizations, and Alaska Native corporations to 

2 create Native American business centers in ac3 cordance with this section. 

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

5 resource assistance provided under this sub6 section shall be used to overcome obstacles im7 peding the creation, development, and expan8 sion of small business concerns, in accordance 

9 with this section, by— 

10 ‘‘(i) reservation-based American Indi11 ans; 

12 ‘‘(ii) Alaska Natives; and 

13 ‘‘(iii) Native Hawaiians. 

14 ‘‘(2) 5-YEAR PROJECTS.— 

15 ‘‘(A) IN GENERAL.—Each Native Amer16 ican business center that receives assistance 

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

18 project that offers culturally tailored business 

19 development assistance in the form of— 

20 ‘‘(i) financial education, including 

21 training and counseling in— 

22 ‘‘(I) applying for and securing 

23 business credit and investment cap24 ital; 


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1 ‘‘(II) preparing and presenting fi2 nancial statements; and 

3 ‘‘(III) managing cash flow and 

4 other financial operations of a busi5 ness concern; 

6 ‘‘(ii) management education, including 

7 training and counseling in planning, orga8 nizing, staffing, directing, and controlling 

9 each major activity and function of a small 

10 business concern; and 

11 ‘‘(iii) marketing education, including 

12 training and counseling in— 

13 ‘‘(I) identifying and segmenting 

14 domestic and international market op15 portunities; 

16 ‘‘(II) preparing and executing 

17 marketing plans; 

18 ‘‘(III) developing pricing strate19 gies; 

20 ‘‘(IV) locating contract opportu21 nities; 

22 ‘‘(V) negotiating contracts; and 

23 ‘‘(VI) utilizing varying public re24 lations and advertising techniques. 


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1 ‘‘(B) BUSINESS DEVELOPMENT ASSIST2 ANCE RECIPIENTS.—The business development 

3 assistance under subparagraph (A) shall be of4 fered to prospective and current owners of small 

5 business concerns that are owned by— 

6 ‘‘(i) American Indians or tribal gov7 ernments, and located on or near tribal 

8 lands; 

9 ‘‘(ii) Alaska Natives or Alaska Native 

10 corporations; or 

11 ‘‘(iii) Native Hawaiians or Native Ha12 waiian Organizations. 

13 ‘‘(3) FORM OF FEDERAL FINANCIAL ASSIST14 ANCE.— 

15 ‘‘(A) DOCUMENTATION.— 

16 ‘‘(i) IN GENERAL.—The financial as17 sistance to Native American business cen18 ters authorized under this subsection may 

19 be made by grant, contract, or cooperative 

20 agreement. 

21 ‘‘(ii) EXCEPTION.—Financial assist22 ance under this subsection to Alaska Na23 tive corporations or Native Hawaiian Or24 ganizations may only be made by grant. 

25 ‘‘(B) PAYMENTS.— 


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1 ‘‘(i) TIMING.—Payments made under 

2 this subsection may be disbursed in an an3 nual lump sum or in periodic installments, 

4 at the request of the recipient. 

5 ‘‘(ii) ADVANCE.—The Administration 

6 may disburse not more than 25 percent of 

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

9 small business center after notice of the 

10 award has been issued. 

11 ‘‘(iii) NO MATCHING REQUIREMENT.— 

12 The Administration shall not require a 

13 grant recipient to match grant funding re14 ceived under this subsection with non-Fed15 eral resources as a condition of receiving 

16 the grant. 

17 ‘‘(4) CONTRACT AND COOPERATIVE AGREE18 MENT AUTHORITY.—A Native American business 

19 center may enter into a contract or cooperative 

20 agreement with a Federal department or agency to 

21 provide specific assistance to Native American and 

22 other underserved small business concerns located on 

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

24 or cooperative agreement is consistent with the 


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1 terms of any assistance received by the Native 

2 American business center from the Administration. 

3 ‘‘(5) APPLICATION PROCESS.— 

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

5 Each applicant for assistance under paragraph 

6 (1) shall submit a 5-year plan to the Adminis7 tration on proposed assistance and training ac8 tivities. 

9 ‘‘(B) CRITERIA.— 

10 ‘‘(i) IN GENERAL.—The Administra11 tion shall evaluate and rank applicants in 

12 accordance with predetermined selection 

13 criteria that shall be stated in terms of rel14 ative importance. 

15 ‘‘(ii) PUBLIC NOTICE.—The criteria 

16 required by this paragraph and their rel17 ative importance shall be made publicly 

18 available, within a reasonable time, and 

19 stated in each solicitation for applications 

20 made by the Administration. 

21 ‘‘(iii) CONSIDERATIONS.—The criteria 

22 required by this paragraph shall include— 

23 ‘‘(I) the experience of the appli24 cant in conducting programs or ongo25 ing efforts designed to impart or upVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6401 E:\BILLS\S1671.RS S1671

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1 grade the business skills of current or 

2 potential owners of Native American 

3 small business concerns; 

4 ‘‘(II) the ability of the applicant 

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

7 ‘‘(III) the ability of the applicant 

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

10 Americans; 

11 ‘‘(IV) previous assistance from 

12 the Administration to provide services 

13 in Native American communities; and 

14 ‘‘(V) the proposed location for 

15 the Native American business center 

16 site, with priority given based on the 

17 proximity of the center to the popu18 lation being served and to achieve a 

19 broad geographic dispersion of the 

20 centers. 

21 ‘‘(6) PROGRAM EXAMINATION.— 

22 ‘‘(A) IN GENERAL.—Each Native Amer23 ican business center established pursuant to 

24 this subsection shall annually provide the Ad25 ministration with an itemized cost breakdown of 


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1 actual expenditures incurred during the pre2 ceding year. 

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

4 information received under subparagraph (A), 

5 the Administration shall— 

6 ‘‘(i) develop and implement an annual 

7 programmatic and financial examination of 

8 each Native American business center as9 sisted pursuant to this subsection; and 

10 ‘‘(ii) analyze the results of each exam11 ination conducted under clause (i) to deter12 mine the programmatic and financial via13 bility of each Native American business 

14 center. 

15 ‘‘(C) CONDITIONS FOR CONTINUED FUND16 ING.—In determining whether to renew a grant, 

17 contract, or cooperative agreement with a Na18 tive American business center, the Administra19 tion— 

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

21 most recent examination of the center 

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

23 extent, previous examinations; and 

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

25 the Administration determines that— 


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1 ‘‘(I) the center has failed to pro2 vide adequate information required to 

3 be provided under subparagraph (A), 

4 or the information provided by the 

5 center is inadequate; or 

6 ‘‘(II) the center has failed to pro7 vide adequate information required to 

8 be provided by the center for purposes 

9 of the report of the Administration 

10 under subparagraph (E). 

11 ‘‘(D) CONTINUING CONTRACT AND COOP12 ERATIVE AGREEMENT AUTHORITY.— 

13 ‘‘(i) IN GENERAL.—The authority of 

14 the Administrator to enter into contracts 

15 or cooperative agreements in accordance 

16 with this subsection shall be in effect for 

17 each fiscal year only to the extent and in 

18 the amounts as are provided in advance in 

19 appropriations Acts. 

20 ‘‘(ii) RENEWAL.—After the Adminis21 trator has entered into a contract or coop22 erative agreement with any Native Amer23 ican business center under this subsection, 

24 it shall not suspend, terminate, or fail to 

25 renew or extend any such contract or coopVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6401 E:\BILLS\S1671.RS S1671

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1 erative agreement unless the Administrator 

2 provides the center with written notifica3 tion setting forth the reasons therefore and 

4 affords the center an opportunity for a 

5 hearing, appeal, or other administrative 

6 proceeding under chapter 5 of title 5, 

7 United States Code. 

8 ‘‘(E) MANAGEMENT REPORT.— 

9 ‘‘(i) IN GENERAL.—The Administra10 tion shall prepare and submit to the Com11 mittee on Small Business and Entrepre12 neurship of the Senate and the Committee 

13 on Small Business of the House of Rep14 resentatives an annual report on the effec15 tiveness of all projects conducted by Native 

16 American business centers under this sub17 section and any pilot programs adminis18 tered by the Office of Native American Af19 fairs. 

20 ‘‘(ii) CONTENTS.—Each report sub21 mitted under clause (i) shall include, with 

22 respect to each Native American business 

23 center receiving financial assistance under 

24 this subsection— 


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1 ‘‘(I) the number of individuals re2 ceiving assistance from the Native 

3 American business center; 

4 ‘‘(II) the number of startup busi5 ness concerns created; 

6 ‘‘(III) the number of existing 

7 businesses seeking to expand employ8 ment; 

9 ‘‘(IV) jobs created or maintained, 

10 on an annual basis, by Native Amer11 ican small business concerns assisted 

12 by the center since receiving funding 

13 under this Act; 

14 ‘‘(V) to the maximum extent 

15 practicable, the capital investment and 

16 loan financing utilized by emerging 

17 and expanding businesses that were 

18 assisted by a Native American busi19 ness center; and 

20 ‘‘(VI) the most recent examina21 tion, as required under subparagraph 

22 (B), and the subsequent determina23 tion made by the Administration 

24 under that subparagraph. 


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1 ‘‘(7) ANNUAL REPORT.—Each entity receiving 

2 financial assistance under this subsection shall annu3 ally report to the Administration on the services pro4 vided with such financial assistance, including— 

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

6 categorized by ethnicity; 

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

8 counseling and training for those individuals; 

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

10 concerns created or maintained; 

11 ‘‘(D) the gross receipts of assisted small 

12 business concerns; 

13 ‘‘(E) the number of jobs created or main14 tained at assisted small business concerns; and 

15 ‘‘(F) the number of Native American jobs 

16 created or maintained at assisted small business 

17 concerns. 

18 ‘‘(8) RECORD RETENTION.— 

19 ‘‘(A) APPLICATIONS.—The Administration 

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

22 7 years. 

23 ‘‘(B) ANNUAL REPORTS.—The Administra24 tion shall maintain copies of the information 

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


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

2 are authorized to be appropriated $5,000,000 for each of 

3 the fiscal years 2008 through 2010, to carry out the Na4 tive American Small Business Development Program, au5 thorized under subsection (c).’’. 

6 SEC. 403. PILOT PROGRAMS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) INCORPORATION BY REFERENCE.—The 

9 terms defined in section 37(a) of the Small Business 

10 Act (as added by this title) have the same meanings 

11 as in that section 37(a) when used in this section. 

12 (2) JOINT PROJECT.—The term ‘‘joint project’’ 

13 means the combined resources and expertise of 2 or 

14 more distinct entities at a physical location dedi15 cated to assisting the Native American community. 

16 (b) NATIVE AMERICAN DEVELOPMENT GRANT PILOT

17 PROGRAM.— 

18 (1) AUTHORIZATION.— 

19 (A) IN GENERAL.—There is established a 

20 4-year pilot program under which the Adminis21 tration is authorized to award Native American 

22 development grants to provide culturally tai23 lored business development training and related 

24 services to Native Americans and Native Amer25 ican small business concerns. 


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1 (B) ELIGIBLE ORGANIZATIONS.—The 

2 grants authorized under subparagraph (A) may 

3 be awarded to— 

4 (i) any small business development 

5 center; or 

6 (ii) any private, nonprofit organization 

7 that— 

8 (I) has members of an Indian 

9 tribe comprising a majority of its 

10 board of directors; 

11 (II) is a Native Hawaiian Orga12 nization; or 

13 (III) is an Alaska Native cor14 poration. 

15 (C) AMOUNTS.—The Administration shall 

16 not award a grant under this subsection in an 

17 amount which exceeds $100,000 for each year 

18 of the project. 

19 (D) GRANT DURATION.—Each grant under 

20 this subsection shall be awarded for not less 

21 than a 2-year period and not more than a 4- 

22 year period. 

23 (2) CONDITIONS FOR PARTICIPATION.—Each 

24 entity desiring a grant under this subsection shall 


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1 submit an application to the Administration that 

2 contains— 

3 (A) a certification that the applicant— 

4 (i) is a small business development 

5 center or a private, nonprofit organization 

6 under paragraph (1)(B); 

7 (ii) employs an executive director or 

8 program manager to manage the facility; 

9 and 

10 (iii) agrees— 

11 (I) to a site visit as part of the 

12 final selection process; 

13 (II) to an annual programmatic 

14 and financial examination; and 

15 (III) to the maximum extent 

16 practicable, to remedy any problems 

17 identified pursuant to that site visit or 

18 examination; 

19 (B) information demonstrating that the 

20 applicant has the ability and resources to meet 

21 the needs, including cultural needs, of the Na22 tive Americans to be served by the grant; 

23 (C) information relating to proposed assist24 ance that the grant will provide, including— 


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1 (i) the number of individuals to be as2 sisted; and 

3 (ii) the number of hours of counseling, 

4 training, and workshops to be provided; 

5 (D) information demonstrating the effec6 tive experience of the applicant in— 

7 (i) conducting financial, management, 

8 and marketing assistance programs de9 signed to impart or upgrade the business 

10 skills of current or prospective Native 

11 American business owners; 

12 (ii) providing training and services to 

13 a representative number of Native Ameri14 cans; 

15 (iii) using resource partners of the 

16 Administration and other entities, includ17 ing universities, tribal governments, or 

18 tribal colleges; and 

19 (iv) the prudent management of fi20 nances and staffing; 

21 (E) the location where the applicant will 

22 provide training and services to Native Ameri23 cans; and 

24 (F) a multiyear plan, corresponding to the 

25 length of the grant, that describes— 


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1 (i) the number of Native Americans 

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

4 (ii) in the continental United States, 

5 the number of Native Americans to be 

6 served by the grant; and 

7 (iii) the training and services to be 

8 provided to a representative number of Na9 tive Americans. 

10 (3) REVIEW OF APPLICATIONS.—The Adminis11 tration shall— 

12 (A) evaluate and rank applicants under 

13 paragraph (2) in accordance with predeter14 mined selection criteria that is stated in terms 

15 of relative importance; 

16 (B) include such criteria in each solicita17 tion under this subsection and make such infor18 mation available to the public; and 

19 (C) approve or disapprove each completed 

20 application submitted under this subsection not 

21 later than 60 days after the date of submission. 

22 (4) ANNUAL REPORT.—Each recipient of a Na23 tive American development grant under this sub24 section shall annually report to the Administration 

25 on the impact of the grant funding, including— 


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1 (A) the number of individuals assisted, cat2 egorized by ethnicity; 

3 (B) the number of hours spent providing 

4 counseling and training for those individuals; 

5 (C) the number of startup small business 

6 concerns created or maintained with assistance 

7 from a Native American business center; 

8 (D) the gross receipts of assisted small 

9 business concerns; 

10 (E) the number of jobs created or main11 tained at assisted small business concerns; and 

12 (F) the number of Native American jobs 

13 created or maintained at assisted small business 

14 concerns. 

15 (5) RECORD RETENTION.— 

16 (A) APPLICATIONS.—The Administration 

17 shall maintain a copy of each application sub18 mitted under this subsection for not less than 

19 7 years. 

20 (B) ANNUAL REPORTS.—The Administra21 tion shall maintain copies of the information 

22 collected under paragraph (4) indefinitely. 

23 (c) AMERICAN INDIAN TRIBAL ASSISTANCE CENTER

24 GRANT PILOT PROGRAM.— 

25 (1) AUTHORIZATION.— 


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1 (A) IN GENERAL.—There is established a 

2 4-year pilot program, under which the Adminis3 tration shall award not less than 3 American 

4 Indian Tribal Assistance Center grants to es5 tablish joint projects to provide culturally tai6 lored business development assistance to pro7 spective and current owners of small business 

8 concerns located on or near tribal lands. 

9 (B) ELIGIBLE ORGANIZATIONS.— 

10 (i) CLASS 1.—Not fewer than 1 grant 

11 shall be awarded to a joint project per12 formed by a Native American business cen13 ter, a Native American business develop14 ment center, and a small business develop15 ment center. 

16 (ii) CLASS 2.—Not fewer than 2 

17 grants shall be awarded to joint projects 

18 performed by a Native American business 

19 center and a Native American business de20 velopment center. 

21 (C) AMOUNTS.—The Administration shall 

22 not award a grant under this subsection in an 

23 amount which exceeds $200,000 for each year 

24 of the project. 


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1 (D) GRANT DURATION.—Each grant under 

2 this subsection shall be awarded for a 3-year 

3 period. 

4 (2) CONDITIONS FOR PARTICIPATION.—Each 

5 entity desiring a grant under this subsection shall 

6 submit to the Administration a joint application that 

7 contains— 

8 (A) a certification that each participant of 

9 the joint application— 

10 (i) is either a Native American busi11 ness center, a Native American business 

12 development center, or a small business de13 velopment center; 

14 (ii) employs an executive director or 

15 program manager to manage the center; 

16 and 

17 (iii) as a condition of receiving an 

18 American Indian Tribal Assistance Center 

19 grant, agrees— 

20 (I) to an annual programmatic 

21 and financial examination; and 

22 (II) to the maximum extent prac23 ticable, to remedy any problems iden24 tified pursuant to that examination; 


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1 (B) information demonstrating an historic 

2 commitment to providing assistance to Native 

3 Americans— 

4 (i) residing on or near tribal lands; or 

5 (ii) operating a small business concern 

6 on or near tribal lands; 

7 (C) information demonstrating that each 

8 participant of the joint application has the abil9 ity and resources to meet the needs, including 

10 the cultural needs, of the Native Americans to 

11 be served by the grant; 

12 (D) information relating to proposed as13 sistance that the grant will provide, including— 

14 (i) the number of individuals to be as15 sisted; and 

16 (ii) the number of hours of counseling, 

17 training, and workshops to be provided; 

18 (E) information demonstrating the effec19 tive experience of each participant of the joint 

20 application in— 

21 (i) conducting financial, management, 

22 and marketing assistance programs, de23 signed to impart or upgrade the business 

24 skills of current or prospective Native 

25 American business owners; and 


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

3 (F) a plan for the length of the grant, that 

4 describes— 

5 (i) the number of Native Americans 

6 and Native American small business con7 cerns to be served by the grant; and 

8 (ii) the training and services to be 

9 provided. 

10 (3) REVIEW OF APPLICATIONS.—The Adminis11 tration shall— 

12 (A) evaluate and rank applicants under 

13 paragraph (2) in accordance with predeter14 mined selection criteria that is stated in terms 

15 of relative importance; 

16 (B) include such criteria in each solicita17 tion under this subsection and make such infor18 mation available to the public; and 

19 (C) approve or disapprove each application 

20 submitted under this subsection not later than 

21 60 days after the date of submission. 

22 (4) ANNUAL REPORT.—Each recipient of an 

23 American Indian tribal assistance center grant 

24 under this subsection shall annually report to the 

25 Administration on the impact of the grant funding 


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1 received during the reporting year, and the cumu2 lative impact of the grant funding received since the 

3 initiation of the grant, including— 

4 (A) the number of individuals assisted, cat5 egorized by ethnicity; 

6 (B) the number of hours of counseling and 

7 training provided and workshops conducted; 

8 (C) the number of startup business con9 cerns created or maintained with assistance 

10 from a Native American business center; 

11 (D) the gross receipts of assisted small 

12 business concerns; 

13 (E) the number of jobs created or main14 tained at assisted small business concerns; and 

15 (F) the number of Native American jobs 

16 created or maintained at assisted small business 

17 concerns. 

18 (5) RECORD RETENTION.— 

19 (A) APPLICATIONS.—The Administration 

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

22 7 years. 

23 (B) ANNUAL REPORTS.—The Administra24 tion shall maintain copies of the information 

25 collected under paragraph (4) indefinitely. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated— 

3 (1) $1,000,000 for each of fiscal years 2008 

4 through 2010, to carry out the Native American De5 velopment Grant Pilot Program, authorized under 

6 subsection (b); and 

7 (2) $1,000,000 for each of fiscal years 2008 

8 through 2010, to carry out the American Indian 

9 Tribal Assistance Center Grant Pilot Program, au10 thorized under subsection (c). 

11 TITLE V—NATIONAL SMALL 

12 BUSINESS REGULATORY AS13 SISTANCE 

14 SEC. 501. SHORT TITLE. 

15 This title may be cited as the ‘‘National Small Busi16 ness Regulatory Assistance Act of 2007’’. 

17 SEC. 502. PURPOSE. 

18 The purpose of this title is to establish a 4-year pilot 

19 program to— 

20 (1) provide confidential assistance to small 

21 business concerns; 

22 (2) provide small business concerns with the in23 formation necessary to improve their rate of compli24 ance with Federal and State regulations derived 

25 from Federal law; 


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1 (3) create a partnership among Federal agen2 cies to increase outreach efforts to small business 

3 concerns with respect to regulatory compliance; 

4 (4) provide a mechanism for unbiased feedback 

5 to Federal agencies on the regulatory environment 

6 for small business concerns; and 

7 (5) expand the services delivered by the small 

8 business development centers under section 

9 21(c)(3)(H) of the Small Business Act to improve 

10 access to programs to assist small business concerns 

11 with regulatory compliance. 

12 SEC. 503. SMALL BUSINESS REGULATORY ASSISTANCE 

13 PILOT PROGRAM. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ASSOCIATION.—The term ‘‘association’’ 

16 means the association established pursuant to sec17 tion 21(a)(3)(A) of the Small Business Act (15 

18 U.S.C. 648(a)(3)(A)) representing a majority of 

19 small business development centers. 

20 (2) PARTICIPATING SMALL BUSINESS DEVELOP21 MENT CENTER.—The term ‘‘participating small 

22 business development center’’ means a small busi23 ness development center participating in the pilot 

24 program established under this title. 


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1 (3) REGULATORY COMPLIANCE ASSISTANCE.— 

2 The term ‘‘regulatory compliance assistance’’ means 

3 assistance provided by a small business development 

4 center to a small business concern to assist and fa5 cilitate the concern in complying with Federal and 

6 State regulatory requirements derived from Federal 

7 law. 

8 (4) SMALL BUSINESS DEVELOPMENT CEN9 TER.—The term ‘‘small business development cen10 ter’’ means a small business development center de11 scribed in section 21 of the Small Business Act (15 

12 U.S.C. 648). 

13 (5) STATE.—The term ‘‘State’’ means each of 

14 the several States, the District of Columbia, the 

15 Commonwealth of Puerto Rico, the Virgin Islands, 

16 American Samoa, and Guam. 

17 (b) AUTHORITY.—In accordance with this section, 

18 the Administrator shall establish a pilot program to pro19 vide regulatory compliance assistance to small business 

20 concerns through participating small business develop21 ment centers. 

22 (c) SMALL BUSINESS DEVELOPMENT CENTERS.— 

23 (1) IN GENERAL.—In carrying out the pilot 

24 program established under this section, the Adminis25 trator shall enter into arrangements with particiVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6401 E:\BILLS\S1671.RS S1671

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1 pating small business development centers under 

2 which such centers shall— 

3 (A) provide access to information and re4 sources, including current Federal and State 

5 nonpunitive compliance and technical assistance 

6 programs similar to those established under 

7 section 507 of the Clean Air Act Amendments 

8 of 1990 (42 U.S.C. 7661f); 

9 (B) conduct training and educational ac10 tivities; 

11 (C) offer confidential, free of charge, one12 on-one, in-depth counseling to the owners and 

13 operators of small business concerns regarding 

14 compliance with Federal and State regulations 

15 derived from Federal law, provided that such 

16 counseling is not considered to be the practice 

17 of law in a State in which a small business de18 velopment center is located or in which such 

19 counseling is conducted; 

20 (D) provide technical assistance; 

21 (E) give referrals to experts and other pro22 viders of compliance assistance who meet such 

23 standards for educational, technical, and profes24 sional competency as are established by the Ad25 ministrator; and 


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1 (F) form partnerships with Federal compli2 ance programs. 

3 (2) REPORTS.—Each participating small busi4 ness development center shall transmit to the Ad5 ministrator and the Chief Counsel for Advocacy of 

6 the Administration, as the Administrator may direct, 

7 a quarterly report that includes— 

8 (A) a summary of the regulatory compli9 ance assistance provided by the center under 

10 the pilot program; 

11 (B) the number of small business concerns 

12 assisted under the pilot program; and 

13 (C) for every fourth report, any regulatory 

14 compliance information based on Federal law 

15 that a Federal or State agency has provided to 

16 the center during the preceding year and re17 quested that it be disseminated to small busi18 ness concerns. 

19 (d) ELIGIBILITY.—A small business development cen20 ter shall be eligible to receive assistance under the pilot 

21 program established under this section only if such center 

22 is certified under section 21(k)(2) of the Small Business 

23 Act (15 U.S.C. 648(k)(2)). 

24 (e) SELECTION OF PARTICIPATING SMALL BUSINESS

25 DEVELOPMENT CENTERS.— 


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1 (1) GROUPINGS.— 

2 (A) CONSULTATION.—The Administrator 

3 shall select the small business development cen4 ter programs of 2 States from each of the 

5 groups of States described in subparagraph (B) 

6 to participate in the pilot program established 

7 under this section. 

8 (B) GROUPS.—The groups described in 

9 this subparagraph as follows: 

10 (i) GROUP 1.—Group 1 shall consist 

11 of Maine, Massachusetts, New Hampshire, 

12 Connecticut, Vermont, and Rhode Island. 

13 (ii) GROUP 2.—Group 2 shall consist 

14 of New York, New Jersey, Puerto Rico, 

15 and the Virgin Islands. 

16 (iii) GROUP 3.—Group 3 shall consist 

17 of Pennsylvania, Maryland, West Virginia, 

18 Virginia, the District of Columbia, and 

19 Delaware. 

20 (iv) GROUP 4.—Group 4 shall consist 

21 of Georgia, Alabama, North Carolina, 

22 South Carolina, Mississippi, Florida, Ken23 tucky, and Tennessee. 


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1 (v) GROUP 5.—Group 5 shall consist 

2 of Illinois, Ohio, Michigan, Indiana, Wis3 consin, and Minnesota. 

4 (vi) GROUP 6.—Group 6 shall consist 

5 of Texas, New Mexico, Arkansas, Okla6 homa, and Louisiana. 

7 (vii) GROUP 7.—Group 7 shall consist 

8 of Missouri, Iowa, Nebraska, and Kansas. 

9 (viii) GROUP 8.—Group 8 shall consist 

10 of Colorado, Wyoming, North Dakota, 

11 South Dakota, Montana, and Utah. 

12 (ix) GROUP 9.—Group 9 shall consist 

13 of California, Guam, American Samoa, 

14 Hawaii, Nevada, and Arizona. 

15 (x) GROUP 10.—Group 10 shall con16 sist of Washington, Alaska, Idaho, and Or17 egon. 

18 (2) DEADLINE FOR SELECTION.—The Adminis19 trator shall make selections under this subsection 

20 not later than 6 months after the date of publication 

21 of final regulations under section 1704. 

22 (f) MATCHING REQUIREMENT.—Subparagraphs (A) 

23 and (B) of section 21(a)(4) of the Small Business Act (15 

24 U.S.C. 648(a)(4)) shall apply to assistance made available 

25 under the pilot program established under this section. 


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1 (g) GRANT AMOUNTS.—Each State program selected 

2 to receive a grant under subsection (e) shall be eligible 

3 to receive a grant in an amount equal to— 

4 (1) not less than $150,000 per fiscal year; and 

5 (2) not more than $300,000 per fiscal year. 

6 (h) EVALUATION AND REPORT.—The Comptroller 

7 General of the United States shall— 

8 (1) not later than 30 months after the date of 

9 disbursement of the first grant under the pilot pro10 gram established under this section, initiate an eval11 uation of the pilot program; and 

12 (2) not later than 6 months after the date of 

13 the initiation of the evaluation under paragraph (1), 

14 transmit to the Administrator, the Chief Counsel for 

15 Advocacy, the Committee on Small Business and 

16 Entrepreneurship of the Senate, and the Committee 

17 on Small Business of the House of Representatives, 

18 a report containing— 

19 (A) the results of the evaluation; and 

20 (B) any recommendations as to whether 

21 the pilot program, with or without modification, 

22 should be extended to include the participation 

23 of all small business development centers. 

24 (i) POSTING OF INFORMATION.—Not later than 90 

25 days after the date of enactment of this Act, the AdminisVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6401 E:\BILLS\S1671.RS S1671

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1 trator shall post on the website of the Administration and 

2 publish in the Federal Register a guidance document de3 scribing the requirements of an application for assistance 

4 under this section. 

5 (j) AUTHORIZATION OF APPROPRIATIONS.— 

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

7 appropriated to carry out this section— 

8 (A) $5,000,000 for the first fiscal year be9 ginning after the date of enactment of this Act; 

10 and 

11 (B) $5,000,000 for each of the 3 fiscal 

12 years following the fiscal year described in sub13 paragraph (A). 

14 (2) LIMITATION ON USE OF OTHER FUNDS.— 

15 The Administrator may carry out the pilot program 

16 established under this section only with amounts ap17 propriated in advance specifically to carry out this 

18 section. 

19 (k) TERMINATION.—The Small Business Regulatory 

20 Assistance Pilot Program established under this section 

21 shall terminate 4 years after the date of disbursement of 

22 the first grant under the pilot program. 

23 SEC. 504. RULEMAKING. 

24 After providing notice and an opportunity for com25 ment, and after consulting with the association (but not 


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1 later than 180 days after the date of enactment of this 

2 Act), the Administrator shall promulgate final regulations 

3 to carry out this title, including regulations that estab4 lish— 

5 (1) priorities for the types of assistance to be 

6 provided under the pilot program established under 

7 this title; 

8 (2) standards relating to educational, technical, 

9 and support services to be provided by participating 

10 small business development centers; 

11 (3) standards relating to any national service 

12 delivery and support function to be provided by the 

13 association under the pilot program; 

14 (4) standards relating to any work plan that 

15 the Administrator may require a participating small 

16 business development center to develop; and 

17 (5) standards relating to the educational, tech18 nical, and professional competency of any expert or 

19 other assistance provider to whom a small business 

20 concern may be referred for compliance assistance 

21 under the pilot program. 

22 TITLE VI—OTHER PROVISIONS 

23 SEC. 601. MINORITY ENTREPRENEURSHIP AND INNOVA24 TION PILOT PROGRAM. 

25 (a) DEFINITIONS.—In this section— 


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1 (1) the terms ‘‘Alaska Native-serving institu2 tion’’ and ‘‘Native Hawaiian-serving institution’’ 

3 have the meanings given those terms in section 317 

4 of the Higher Education Act of 1965 (20 U.S.C. 

5 1059d); 

6 (2) the term ‘‘Hispanic serving institution’’ has 

7 the meaning given the term in section 502 of the 

8 Higher Education Act of 1965 (20 U.S.C. 1101a); 

9 (3) the term ‘‘historically Black college and uni10 versity’’ has the meaning given the term ‘‘part B in11 stitution’’ in section 322 of the Higher Education 

12 Act of 1965 (20 U.S.C. 1061); 

13 (4) the term ‘‘small business development cen14 ter’’ has the same meaning as in section 21 of the 

15 Small Business Act (15 U.S.C. 648); and 

16 (5) the term ‘‘Tribal College’’ has the meaning 

17 given the term ‘‘tribally controlled college or univer18 sity’’ in section 2 of the Tribally Controlled College 

19 or University Assistance Act of 1978 (25 U.S.C. 

20 1801). 

21 (b) MINORITY ENTREPRENEURSHIP AND INNOVA22 TION GRANTS.— 

23 (1) IN GENERAL.—The Administrator shall 

24 make grants to historically Black colleges and uni25 versities, Tribal Colleges, Hispanic serving instituVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6401 E:\BILLS\S1671.RS S1671

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1 tions, Alaska Native-serving institutions, and Native 

2 Hawaiian-serving institutions, or to any entity 

3 formed by a combination of such institutions— 

4 (A) to assist in establishing an entrepre5 neurship curriculum for undergraduate or grad6 uate studies; and 

7 (B) for placement of small business devel8 opment centers on the physical campus of the 

9 institution. 

10 (2) CURRICULUM REQUIREMENT.—An institu11 tion of higher education receiving a grant under this 

12 subsection shall develop a curriculum that includes 

13 training in various skill sets needed by successful en14 trepreneurs, including— 

15 (A) business management and marketing, 

16 financial management and accounting, market 

17 analysis and competitive analysis, innovation 

18 and strategic planning; and 

19 (B) additional entrepreneurial skill sets 

20 specific to the needs of the student population 

21 and the surrounding community, as determined 

22 by the institution. 

23 (3) SMALL BUSINESS DEVELOPMENT CENTER

24 REQUIREMENT.—Each institution receiving a grant 


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1 under this subsection shall open a small business de2 velopment center that— 

3 (A) performs studies, research, and coun4 seling concerning the management, financing, 

5 and operation of small business concerns; 

6 (B) performs management training and 

7 technical assistance regarding the participation 

8 of small business concerns in international mar9 kets, export promotion and technology transfer, 

10 and the delivery or distribution of such services 

11 and information; 

12 (C) offers referral services for entre13 preneurs and small business concerns to busi14 ness development, financing, and legal experts; 

15 and 

16 (D) promotes market-specific innovation, 

17 niche marketing, capacity building, inter18 national trade, and strategic planning as keys 

19 to long-term growth for its small business con20 cern and entrepreneur clients. 

21 (4) GRANT LIMITATIONS.—A grant under this 

22 subsection— 

23 (A) may not exceed $500,000 for any fis24 cal year for any 1 institution of higher edu25 cation; 


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1 (B) may not be used for any purpose other 

2 than those associated with the direct costs in3 curred to develop and implement a curriculum 

4 that fosters entrepreneurship and the costs in5 curred to organize and run a small business de6 velopment center on the grounds of the institu7 tion; and 

8 (C) may not be used for building expenses, 

9 administrative travel budgets, or other expenses 

10 not directly related to the implementation of the 

11 curriculum or activities authorized by this sec12 tion. 

13 (5) EXCEPTION FROM SMALL BUSINESS ACT

14 REQUIREMENT.—Subparagraphs (A) and (B) of sec15 tion 21(a)(4) of the Small Business Act (15 U.S.C. 

16 648(a)(4)) do not apply to assistance made available 

17 under this subsection. 

18 (6) REPORT.—Not later than November 1 of 

19 each year, the Associate Administrator of Entrepre20 neurial Development of the Administration shall sub21 mit to the Committee on Small Business and Entre22 preneurship of the Senate and the Committee on 

23 Small Business of the House of Representatives, a 

24 report evaluating the award and use of grants under 


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1 this subsection during the preceding fiscal year, 

2 which shall include— 

3 (A) a description of each entrepreneurship 

4 program developed with grant funds, the date 

5 of the award of such grant, and the number of 

6 participants in each such program; 

7 (B) the number of small business concerns 

8 assisted by each small business development 

9 center established with a grant under this sub10 section; and 

11 (C) data regarding the economic impact of 

12 the small business development center coun13 seling provided under a grant under this sub14 section. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $10,000,000, to remain available until expended, for each 

18 of fiscal years 2008 and 2010. 

19 (d) LIMITATION ON USE OF OTHER FUNDS.—The 

20 Administrator shall carry out this section only with 

21 amounts appropriated in advance specifically to carry out 

22 this section. 

23 SEC. 602. INSTITUTIONS OF HIGHER EDUCATION. 

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

25 Business Act (15 U.S.C. 648(a)(1)) is amended by strikVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6401 E:\BILLS\S1671.RS S1671

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

2 such date.’’ and inserting the following: ‘‘On and after De3 cember 31, 2007, the Administration may only make a 

4 grant under this paragraph to an applicant that is an in5 stitution of higher education, as defined in section 101(a) 

6 of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) 

7 that is accredited (and not merely in preaccreditation sta8 tus) by a nationally recognized accrediting agency or asso9 ciation, recognized by the Secretary of Education for such 

10 purpose in accordance with section 496 of that Act (20 

11 U.S.C. 1099b), or to a women’s business center operating 

12 pursuant to section 29 as a small business development 

13 center, unless the applicant was receiving a grant (includ14 ing a contract or cooperative agreement) on December 31, 

15 2007.’’. 

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

17 subsection (a) shall take effect on December 31, 2007. 

18 SEC. 603. HEALTH INSURANCE OPTIONS INFORMATION FOR 

19 SMALL BUSINESS CONCERNS. 

20 (a) DEFINITIONS.—In this section, the following defi21 nitions shall apply: 

22 (1) ASSOCIATION.—The term ‘‘association’’ 

23 means an association established under section 

24 21(a)(3)(A) of the Small Business Act (15 U.S.C. 


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1 648(a)(3)(A)) representing a majority of small busi2 ness development centers. 

3 (2) PARTICIPATING SMALL BUSINESS DEVELOP4 MENT CENTER.—The term ‘‘participating small 

5 business development center’’ means a small busi6 ness development center described in section 21 of 

7 the Small Business Act (15 U.S.C. 648) that— 

8 (A) is certified under section 21(k)(2) of 

9 the Small Business Act (15 U.S.C. 648(k)(2)); 

10 and 

11 (B) receives a grant under the pilot pro12 gram. 

13 (3) PILOT PROGRAM.—The term ‘‘pilot pro14 gram’’ means the small business health insurance in15 formation pilot program established under this sec16 tion. 

17 (4) STATE.—The term ‘‘State’’ means each of 

18 the several States of the United States, the District 

19 of Columbia, the Commonwealth of Puerto Rico, the 

20 Virgin Islands, American Samoa, and Guam. 

21 (b) SMALL BUSINESS HEALTH INSURANCE INFOR22 MATION PILOT PROGRAM.—The Administrator shall es23 tablish a pilot program to make grants to small business 

24 development centers to provide neutral and objective infor25 mation and educational materials regarding health insurVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6401 E:\BILLS\S1671.RS S1671

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1 ance options, including coverage options within the small 

2 group market, to small business concerns. 

3 (c) APPLICATIONS.— 

4 (1) POSTING OF INFORMATION.—Not later than 

5 90 days after the date of enactment of this Act, the 

6 Administrator shall post on the website of the Ad7 ministration and publish in the Federal Register a 

8 guidance document describing— 

9 (A) the requirements of an application for 

10 a grant under the pilot program; and 

11 (B) the types of informational and edu12 cational materials regarding health insurance 

13 options to be created under the pilot program, 

14 including by referencing materials and re15 sources developed by the National Association 

16 of Insurance Commissioners, the Kaiser Family 

17 Foundation, and the Healthcare Leadership 

18 Council. 

19 (2) SUBMISSION.—A small business develop20 ment center desiring a grant under the pilot pro21 gram shall submit an application at such time, in 

22 such manner, and accompanied by such information 

23 as the Administrator may reasonably require. 

24 (d) SELECTION OF PARTICIPATING SMALL BUSINESS

25 DEVELOPMENT CENTERS.— 


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1 (1) IN GENERAL.—The Administrator shall se2 lect not more than 20 small business development 

3 centers to receive a grant under the pilot program. 

4 (2) SELECTION OF PROGRAMS.—In selecting 

5 small business development centers under paragraph 

6 (1), the Administrator may not select— 

7 (A) more than 2 programs from each of 

8 the groups of States described in paragraph 

9 (3); and 

10 (B) more than 1 program in any State. 

11 (3) GROUPINGS.—The groups of States de12 scribed in this paragraph are the following: 

13 (A) GROUP 1.—Group 1 shall consist of 

14 Maine, Massachusetts, New Hampshire, Con15 necticut, Vermont, and Rhode Island. 

16 (B) GROUP 2.—Group 2 shall consist of 

17 New York, New Jersey, Puerto Rico, and the 

18 Virgin Islands. 

19 (C) GROUP 3.—Group 3 shall consist of 

20 Pennsylvania, Maryland, West Virginia, Vir21 ginia, the District of Columbia, and Delaware. 

22 (D) GROUP 4.—Group 4 shall consist of 

23 Georgia, Alabama, North Carolina, South Caro24 lina, Mississippi, Florida, Kentucky, and Ten25 nessee. 


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1 (E) GROUP 5.—Group 5 shall consist of Il2 linois, Ohio, Michigan, Indiana, Wisconsin, and 

3 Minnesota. 

4 (F) GROUP 6.—Group 6 shall consist of 

5 Texas, New Mexico, Arkansas, Oklahoma, and 

6 Louisiana. 

7 (G) GROUP 7.—Group 7 shall consist of 

8 Missouri, Iowa, Nebraska, and Kansas. 

9 (H) GROUP 8.—Group 8 shall consist of 

10 Colorado, Wyoming, North Dakota, South Da11 kota, Montana, and Utah. 

12 (I) GROUP 9.—Group 9 shall consist of 

13 California, Guam, American Samoa, Hawaii, 

14 Nevada, and Arizona. 

15 (J) GROUP 10.—Group 10 shall consist of 

16 Washington, Alaska, Idaho, and Oregon. 

17 (4) DEADLINE FOR SELECTION.—The Adminis18 trator shall make selections under this subsection 

19 not later than 6 months after the later of the date 

20 on which the information described in subsection 

21 (c)(1) is posted on the website of the Administration 

22 and the date on which the information described in 

23 subsection (c)(1) is published in the Federal Reg24 ister. 

25 (e) USE OF FUNDS.— 


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1 (1) IN GENERAL.—A participating small busi2 ness development center shall use funds provided 

3 under the pilot program to— 

4 (A) create and distribute informational 

5 materials; and 

6 (B) conduct training and educational ac7 tivities. 

8 (2) CONTENT OF MATERIALS.— 

9 (A) IN GENERAL.—In creating materials 

10 under the pilot program, a participating small 

11 business development center shall evaluate and 

12 incorporate relevant portions of existing infor13 mational materials regarding health insurance 

14 options, including materials and resources de15 veloped by the National Association of Insur16 ance Commissioners, the Kaiser Family Foun17 dation, and the Healthcare Leadership Council. 

18 (B) HEALTH INSURANCE OPTIONS.—In in19 corporating information regarding health insur20 ance options under subparagraph (A), a partici21 pating small business development center shall 

22 provide neutral and objective information re23 garding health insurance options in the geo24 graphic area served by the participating small 

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1 tional employer sponsored health insurance for 

2 the group insurance market, such as the health 

3 insurance options defined in section 2791 of the 

4 Public Health Services Act (42 U.S.C. 300gg– 

5 91) or section 125 of the Internal Revenue 

6 Code of 1986, and Federal and State health in7 surance programs. 

8 (f) GRANT AMOUNTS.—Each participating small 

9 business development center program shall receive a grant 

10 in an amount equal to— 

11 (1) not less than $150,000 per fiscal year; and 

12 (2) not more than $300,000 per fiscal year. 

13 (g) MATCHING REQUIREMENT.—Subparagraphs (A) 

14 and (B) of section 21(a)(4) of the Small Business Act (15 

15 U.S.C. 648(a)(4)) shall apply to assistance made available 

16 under the pilot program. 

17 (h) REPORTS.—Each participating small business de18 velopment center shall transmit to the Committee on 

19 Small Business and Entrepreneurship of the Senate and 

20 the Committee on Small Business of the House of Rep21 resentatives, a quarterly report that includes— 

22 (1) a summary of the information and edu23 cational materials regarding health insurance op24 tions provided by the participating small business 

25 development center under the pilot program; and 


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1 (2) the number of small business concerns as2 sisted under the pilot program. 

3 (i) AUTHORIZATION OF APPROPRIATIONS.— 

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

5 appropriated to carry out this section— 

6 (A) $5,000,000 for the first fiscal year be7 ginning after the date of enactment of this Act; 

8 and 

9 (B) $5,000,000 for each of the 3 fiscal 

10 years following the fiscal year described in sub11 paragraph (A). 

12 (2) LIMITATION ON USE OF OTHER FUNDS.— 

13 The Administrator may carry out the pilot program 

14 only with amounts appropriated in advance specifi15 cally to carry out this section. 

16 SEC. 604. NATIONAL SMALL BUSINESS DEVELOPMENT CEN17 TER ADVISORY BOARD. 

18 Section 21(i)(1) of the Small Business Act (15 

19 U.S.C. 648(i)(1)) is amended by striking ‘‘nine members’’ 

20 and inserting ‘‘10 members’’. 

21 SEC. 605. OFFICE OF NATIVE AMERICAN AFFAIRS PILOT 

22 PROGRAM. 

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

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

25 community of Indians located in the contiguous United 


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1 States, and the Metlakatla Indian Community, whose 

2 members are recognized as eligible for the services pro3 vided to Indians by the Secretary of the Interior because 

4 of their status as Indians. 

5 (b) AUTHORIZATION.—The Office of Native Amer6 ican Affairs of the Administration may conduct a pilot 

7 program— 

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

9 tool for Indian tribes that will allow such tribes to 

10 evaluate and implement best practices for economic 

11 development; and 

12 (2) to provide assistance to Indian tribes, 

13 through the Inter-Agency Working Group, in identi14 fying and implementing economic development op15 portunities available from the Federal Government 

16 and private enterprise, including— 

17 (A) the Administration; 

18 (B) the Department of Energy; 

19 (C) the Environmental Protection Agency; 

20 (D) the Department of Commerce; 

21 (E) the Federal Communications Commis22 sion; 

23 (F) the Department of Justice; 

24 (G) the Department of Labor; 


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1 (H) the Office of National Drug Control 

2 Policy; and 

3 (I) the Department of Agriculture. 

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

5 conduct a pilot program under this section shall terminate 

6 on September 30, 2009. 

7 (d) REPORT.—Not later than September 30, 2009, 

8 the Office of Native American Affairs shall submit a re9 port to the Committee on Small Business and Entrepre10 neurship of the Senate and the Committee on Small Busi11 ness of the House of Representatives regarding the effec12 tiveness of the self-assessment tool developed under sub13 section (b)(1). 

14 SEC. 606. PRIVACY REQUIREMENTS FOR SCORE CHAPTERS. 

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

16 is amended by inserting after subsection (b) the following 

17 ‘‘(c) PRIVACY REQUIREMENTS.— 

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

19 Corps of Retired Executives program authorized by 

20 subsection (b)(1) or an agent of such a chapter may 

21 not disclose the name, address, or telephone number 

22 of any individual or small business concern receiving 

23 assistance from that chapter or agent without the 

24 consent of such individual or small business concern, 

25 unless— 


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

2 such a disclosure by a court in any civil or 

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

5 ‘‘(B) the Administrator considers such a 

6 disclosure to be necessary for the purpose of 

7 conducting a financial audit of a chapter of the 

8 Service Corps of Retired Executives program 

9 authorized by subsection (b)(1), but a disclo10 sure under this subparagraph shall be limited 

11 to the information necessary for such audit. 

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

13 This subsection shall not— 

14 ‘‘(A) restrict Administrator access to pro15 gram activity data; or 

16 ‘‘(B) prevent the Administrator from using 

17 client information to conduct client surveys. 

18 ‘‘(3) REGULATIONS.— 

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

20 shall issue regulations to establish standards— 

21 ‘‘(i) for disclosures with respect to fi22 nancial audits under paragraph (1)(B); 

23 and 

24 ‘‘(ii) for client surveys under para25 graph (2)(B), including standards for overVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6401 E:\BILLS\S1671.RS S1671

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1 sight of such surveys and for dissemination 

2 and use of client information. 

3 ‘‘(B) MAXIMUM PRIVACY PROTECTION.— 

4 Regulations under this paragraph shall, to the 

5 extent practicable, provide for the maximum 

6 amount of privacy protection. 

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

11 General who shall include such approval in the 

12 semi-annual report of the Inspector General.’’. 

13 SEC. 607. NATIONAL SMALL BUSINESS SUMMIT. 

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

15 2009, the President shall convene a National Small Busi16 ness Summit to examine the present conditions and future 

17 of the community of small business concerns in the United 

18 States. The summit shall include owners of small business 

19 concerns, representatives of small business groups, labor, 

20 academia, State and Federal government, Federal re21 search and development agencies, and nonprofit policy 

22 groups concerned with the issues of small business con23 cerns. 

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

25 of the conclusion of the summit convened under subsection 


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

2 the summit. The report shall identify key challenges and 

3 recommendations for promoting entrepreneurship and the 

4 growth of small business concerns. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Entrepreneurial Devel7 opment Act of 2007’’. 

8 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—REAUTHORIZATION 

Sec. 101. Reauthorization. 

TITLE II—WOMEN’S SMALL BUSINESS OWNERSHIP PROGRAMS 

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

Sec. 202. Women’s Business Center Program. 

Sec. 203. National Women’s Business Council. 

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

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

TITLE III—INTERNATIONAL TRADE 

Sec. 301. Small Business Administration Associate Administrator for International Trade. 

Sec. 302. Office of International Trade. 

TITLE IV—NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT 

PROGRAM 

Sec. 401. Short title. 

Sec. 402. Native American Small Business Development Program. 

Sec. 403. Pilot programs. 

TITLE V—NATIONAL SMALL BUSINESS REGULATORY ASSISTANCE 

Sec. 501. Short title. 

Sec. 502. Purpose. 

Sec. 503. Small Business Regulatory Assistance Pilot Program. 

Sec. 504. Rulemaking. 


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TITLE VI—OTHER PROVISIONS 

Sec. 601. Minority Entrepreneurship and Innovation Pilot Program. 

Sec. 602. Institutions of higher education. 

Sec. 603. Health insurance options information for small business concerns. 

Sec. 604. National Small Business Development Center Advisory Board. 

Sec. 605. Office of Native American Affairs pilot program. 

Sec. 606. Privacy requirements for SCORE chapters. 

Sec. 607. National Small Business Summit. 

1 SEC. 3. DEFINITIONS. 

2 In this Act— 

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

5 the Administrator thereof, respectively; and 

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

7 meaning given that term in section 3 of the Small 

8 Business Act (15 U.S.C. 632). 

9 TITLE I—REAUTHORIZATION 

10 SEC. 101. REAUTHORIZATION. 

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

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

13 (1) by striking subsections (d), (e), and (j); and 

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

15 ‘‘(d) SCORE PROGRAM.—There are authorized to be 

16 appropriated to the Administrator to carry out the Service 

17 Corps of Retired Executives program authorized by section 

18 8(b)(1) such sums as are necessary for the Administrator 

19 to make grants or enter into cooperative agreements for a 

20 total of— 

21 ‘‘(1) $7,000,000 in fiscal year 2008; 


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1 ‘‘(2) $8,000,000 in fiscal year 2009; and 

2 ‘‘(3) $9,000,000 in fiscal year 2010.’’. 

3 (b) SMALL BUSINESS DEVELOPMENT CENTERS.—Sec4 tion 21 of the Small Business Act (15 U.S.C. 648) is 

5 amended— 

6 (1) in subsection (a)(4)(C), by amending clause 

7 (vii) to read as follows: 

8 ‘‘(vii) AUTHORIZATION OF APPROPRIA9 TIONS.—There are authorized to be appro10 priated to carry out this subparagraph— 

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

12 2008; 

13 ‘‘(II) $140,000,000 for fiscal year 

14 2009; and 

15 ‘‘(III) $145,000,000 for fiscal year 

16 2010.’’; and 

17 (2) in subsection (c)(3)(T), by striking ‘‘October 

18 1, 2006’’ and inserting ‘‘October 1, 2010’’. 

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

20 PROGRAM.— 

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

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

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

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

25 years 2008 through 2010’’; and 


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

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

3 years 2008 through 2010’’. 

4 (2) CONFORMING AMENDMENT.—Section 

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

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

7 2006’’ and inserting ‘‘October 1, 2010’’. 

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

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

11 Section 29(g) of the Small Business Act (15 U.S.C. 

12 656(g)) is amended— 

13 (1) in paragraph (2)— 

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

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

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

17 address issues concerning management, oper18 ations, manufacturing, technology, finance, retail 

19 and product sales, international trade, and other 

20 disciplines required for— 

21 ‘‘(I) starting, operating, and 

22 growing a small business concern;’’; 

23 and 

24 (B) in subparagraph (C), by inserting be25 fore the period at the end the following: ‘‘, the 


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1 National Women’s Business Council, and any 

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

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

4 ‘‘(3) PROGRAMS AND SERVICES FOR WOMEN5 OWNED SMALL BUSINESSES.—The Assistant Adminis6 trator, in consultation with the National Women’s 

7 Business Council, the Interagency Committee on 

8 Women’s Business Enterprise, and 1 or more associa9 tions of women’s business centers, shall develop pro10 grams and services for women-owned businesses (as 

11 defined in section 408 of the Women’s Business Own12 ership Act of 1988 (15 U.S.C. 631 note)) in business 

13 areas, which may include— 

14 ‘‘(A) manufacturing; 

15 ‘‘(B) technology; 

16 ‘‘(C) professional services; 

17 ‘‘(D) retail and product sales; 

18 ‘‘(E) travel and tourism; 

19 ‘‘(F) international trade; and 

20 ‘‘(G) Federal Government contract business 

21 development. 

22 ‘‘(4) TRAINING.—The Administrator shall pro23 vide annual programmatic and financial oversight 

24 training for women’s business ownership representa25 tives and district office technical representatives of the 


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1 Administration to enable representatives to carry out 

2 their responsibilities under this section. 

3 ‘‘(5) GRANTPROGRAM AND TRANSPARENCY IM4 PROVEMENTS.—The Administrator shall improve the 

5 transparency of the women’s business center grant 

6 proposal process and the programmatic and financial 

7 oversight process by— 

8 ‘‘(A) providing notice to the public of each 

9 women’s business center grant announcement for 

10 an initial and renewal grant, not later than 6 

11 months before awarding such grant; 

12 ‘‘(B) providing notice to grant applicants 

13 and recipients of program evaluation and award 

14 criteria, not later than 12 months before any 

15 such evaluation; 

16 ‘‘(C) reducing paperwork and reporting re17 quirements for grant applicants and recipients; 

18 ‘‘(D) standardizing the oversight and review 

19 process of the Administration; and 

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

21 center, not later than 30 days after the comple22 tion of a site visit (whether conducted for an 

23 audit, performance review, or other reason) at 

24 that center, a copy of site visit reports and eval25 uation reports prepared by district office techVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6203 E:\BILLS\S1671.RS S1671

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1 nical representatives or Administration offi2 cials.’’. 

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

4 (a) WOMEN’S BUSINESS CENTER GRANTS PRO5 GRAM.—Section 29 of the Small Business Act (15 U.S.C. 

6 656) is amended— 

7 (1) in subsection (a)— 

8 (A) by redesignating paragraphs (2), (3), 

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

11 (B) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) the term ‘association of women’s business 

14 centers’ means an organization that represents not 

15 fewer than 30 percent of the women’s business centers 

16 that are participating in a program under this sec17 tion, and whose primary purpose is to represent 

18 women’s business centers;’’; 

19 (2) in subsection (b)— 

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

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

22 adjusting the margins accordingly; 

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

24 inserting the following: 

25 ‘‘(1) IN GENERAL.—The Administration’’; 


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1 (C) by striking ‘‘The projects shall’’ and in2 serting the following: 

3 ‘‘(2) USE OF FUNDS.—The projects shall’’; and 

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

5 ‘‘(3) AMOUNTOF GRANTS.— 

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

7 may award a grant under this subsection of not 

8 more than $150,000 per year. 

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

10 that the Administration has insufficient funds to 

11 provide grants of $150,000 for each grant recipi12 ent under this subsection in any fiscal year, 

13 available funds shall be allocated equally to 

14 grant recipients, unless any recipient requests a 

15 lower amount than the allocable amount. 

16 ‘‘(4) ASSOCIATIONS OF WOMEN’S BUSINESS CEN17 TERS.— 

18 ‘‘(A) RECOGNITION.—The Administrator 

19 shall recognize the existence and activities of any 

20 association of women’s business centers estab21 lished to address matters of common concern. 

22 ‘‘(B) CONSULTATION.—The Administrator 

23 shall consult with each association of women’s 

24 business centers to develop— 


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

2 the women’s business centers and the Ad3 ministration; and 

4 ‘‘(ii) recommendations to improve the 

5 policies and procedures for governing the 

6 general operations and administration of 

7 the Women’s Business Center Program, in8 cluding grant program improvements under 

9 subsection (g)(5).’’; 

10 (3) by striking subsection (f) and inserting the 

11 following: 

12 ‘‘(f) APPLICATIONS AND CRITERIA FOR INITIAL

13 GRANTS.— 

14 ‘‘(1) APPLICATION.—Each organization desiring 

15 a grant under subsection (b) shall submit to the Ad16 ministrator an application that contains— 

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

18 ‘‘(i) is a private nonprofit organiza19 tion; 

20 ‘‘(ii) has designated an executive direc21 tor or program manager, who may be com22 pensated from grant funds or other sources, 

23 to manage the center; and 

24 ‘‘(iii) as a condition of receiving a 

25 grant under subsection (b), agrees— 


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1 ‘‘(I) to receive a site visit as part 

2 of the final selection process; 

3 ‘‘(II) to undergo an annual pro4 grammatic and financial examination; 

5 and 

6 ‘‘(III) to the maximum extent 

7 practicable, to remedy any problems 

8 identified pursuant to the site visit or 

9 examination under subclauses (I) and 

10 (II); 

11 ‘‘(B) information demonstrating that the 

12 applicant has the ability and resources to meet 

13 the needs of the market to be served by the wom14 en’s business center site for which a grant under 

15 subsection (b) is sought, including the ability to 

16 comply with the matching requirement under 

17 subsection (c); 

18 ‘‘(C) information relating to assistance to 

19 be provided by the women’s business center site 

20 for which a grant under subsection (b) is sought 

21 in the area in which the site is located; 

22 ‘‘(D) information demonstrating the effec23 tive experience of the applicant in— 

24 ‘‘(i) conducting financial, manage25 ment, and marketing assistance programs, 


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

2 are designed to teach or upgrade the busi3 ness skills of women who are business own4 ers or potential business owners; 

5 ‘‘(ii) providing training and services 

6 to a representative number of women who 

7 are both socially and economically dis8 advantaged; and 

9 ‘‘(iii) using resource partners of the 

10 Administration and other entities, such as 

11 universities; 

12 ‘‘(E) a 5-year plan that projects the ability 

13 of the women’s business center site for which a 

14 grant is sought— 

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

16 owners or potential owners in the future by 

17 improving training and counseling activi18 ties; and 

19 ‘‘(ii) to provide training and services 

20 to a representative number of women who 

21 are both socially and economically dis22 advantaged; and 

23 ‘‘(F) any additional information that the 

24 Administrator may reasonably require. 


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1 ‘‘(2) REVIEW AND APPROVAL OF APPLICATIONS

2 FOR AN INITIAL GRANT.— 

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

4 shall— 

5 ‘‘(i) review each application submitted 

6 under paragraph (1), based on the informa7 tion described in such paragraph and the 

8 criteria set forth under subparagraph (B) of 

9 this paragraph; and 

10 ‘‘(ii) as part of the final selection proc11 ess, conduct a site visit at each women’s 

12 business center for which a grant under sub13 section (b) is sought. 

14 ‘‘(B) SELECTION CRITERIA.— 

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

16 shall evaluate applicants for grants under 

17 subsection (b) in accordance with predeter18 mined selection criteria that shall be stated 

19 in terms of relative importance. Such cri20 teria and their relative importance shall be 

21 made publicly available and stated in each 

22 solicitation for applications made by the 

23 Administrator. 


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1 ‘‘(ii) REQUIRED CRITERIA.—The selec2 tion criteria for a grant under subsection 

3 (b) shall include— 

4 ‘‘(I) the experience of the appli5 cant in conducting programs or ongo6 ing efforts designed to teach or upgrade 

7 the business skills of women who are 

8 business owners or potential owners; 

9 ‘‘(II) the ability of the applicant 

10 to commence a project within a min11 imum amount of time; 

12 ‘‘(III) the ability of the applicant 

13 to provide training and services to a 

14 representative number of women who 

15 are both socially and economically dis16 advantaged; and 

17 ‘‘(IV) the location for the women’s 

18 business center site proposed by the ap19 plicant. 

20 ‘‘(C) NOTICE.—The Administrator may not 

21 award a grant under subsection (b) to an appli22 cant whose principle place of business is located 

23 less than 50 miles from the principle place of 

24 business of another organization receiving a 

25 grant under this section unless the AdminisVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6203 E:\BILLS\S1671.RS S1671

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1 trator submits a written justification for the 

2 need to award another grant under this section 

3 in that area to the Committee on Small Business 

4 and Entrepreneurship of the Senate and the 

5 Committee on Small Business of the House of 

6 Representatives. 

7 ‘‘(D) RECORD RETENTION.—The Adminis8 trator shall maintain a copy of each application 

9 submitted under this subsection for not less than 

10 7 years.’’; and 

11 (4) in subsection (m), by striking paragraph (3) 

12 and inserting the following: 

13 ‘‘(3) APPLICATION AND APPROVAL.— 

14 ‘‘(A) APPLICATION.—Each organization de15 siring a grant this subsection, shall submit to the 

16 Administrator, not later than 3 months before 

17 the expiration of a grant under subsection (b) or 

18 this subsection, as the case may be, an applica19 tion that contains— 

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

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


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1 ‘‘(II) has designated an executive 

2 director or program manager to man3 age the center; and 

4 ‘‘(III) as a condition of receiving 

5 a grant under this subsection, agrees— 

6 ‘‘(aa) to receive a site visit as 

7 part of the final selection process; 

8 ‘‘(bb) to submit, for the pre9 ceding 2 years, annual pro10 grammatic and financial exam11 ination reports or certified copies 

12 of the applicant’s compliance sup13 plemental audits under OMB Cir14 cular A–133; and 

15 ‘‘(cc) to the maximum extent 

16 practicable, to remedy any prob17 lems identified pursuant to the 

18 site visit or examination under 

19 items (aa) and (bb); 

20 ‘‘(ii) information demonstrating that 

21 the applicant has the ability and resources 

22 to meet the needs of the market to be served 

23 by the women’s business center site for 

24 which a grant under this subsection is 

25 sought, including the ability to comply with 


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1 the matching requirement under paragraph 

2 (4)(C); 

3 ‘‘(iii) information relating to assist4 ance to be provided by the women’s business 

5 center site for which a grant under this sub6 section is sought in the area in which the 

7 site is located; 

8 ‘‘(iv) information demonstrating the 

9 utilization of resource partners of the Ad10 ministration and other entities; 

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

12 ability of the women’s business center site 

13 for which a grant under this subsection is 

14 sought— 

15 ‘‘(I) to serve women who are busi16 ness owners or potential owners in the 

17 future by improving training and 

18 counseling activities; and 

19 ‘‘(II) to provide training and 

20 services to a representative number of 

21 women who are both socially and eco22 nomically disadvantaged; and 

23 ‘‘(vi) any additional information that 

24 the Administrator may reasonably require. 


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

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

4 shall— 

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

7 on the information described in such 

8 subparagraph and the criteria set forth 

9 under clause (ii) of this subparagraph; 

10 and 

11 ‘‘(II) as part of the final selection 

12 process, conduct a site visit at each 

13 women’s business center for which a 

14 grant under this subsection is sought. 

15 ‘‘(ii) SELECTION CRITERIA.— 

16 ‘‘(I) IN GENERAL.—The Adminis17 trator shall evaluate applicants in ac18 cordance with predetermined selection 

19 criteria that shall be stated in terms of 

20 relative importance. Such criteria and 

21 their relative importance shall be made 

22 publicly available and stated in each 

23 solicitation for applications made by 

24 the Administrator. 


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1 ‘‘(II) REQUIRED CRITERIA.—The 

2 selection criteria for a grant under this 

3 subsection shall include— 

4 ‘‘(aa) the total number of en5 trepreneurs served by the appli6 cant; 

7 ‘‘(bb) the total number of 

8 new start-up companies assisted 

9 by the applicant; 

10 ‘‘(cc) the percentage of the 

11 clients of the applicant that are 

12 socially or economically disadvan13 taged; and 

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

16 by the applicant who are socially 

17 or economically disadvantaged. 

18 ‘‘(iii) CONDITIONS FOR CONTINUED

19 FUNDING.—In determining whether to make 

20 a grant under this subsection, the Adminis21 trator— 

22 ‘‘(I) shall consider the results of 

23 the most recent evaluation of the cen24 ter, and, to a lesser extent, previous 

25 evaluations; and 


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1 ‘‘(II) may withhold such a grant, 

2 if the Administrator determines that 

3 the center has failed to provide the in4 formation required to be provided 

5 under this paragraph, or the informa6 tion provided by the center is inad7 equate. 

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

9 days after the date of the deadline to submit ap10 plications for each fiscal year, the Administrator 

11 shall approve or deny any application under 

12 this paragraph and notify the applicant for each 

13 such application. 

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

16 submitted under this paragraph for not less than 

17 7 years.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) IN GENERAL.—Section 29 of the Small Busi20 ness Act (15 U.S.C. 656) is amended— 

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

22 award a contract (as a sustainability grant) 

23 under subsection (l) or’’; 

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

25 Administration’’ and inserting ‘‘Not later than 


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

2 and 

3 (C) in subsection (k)— 

4 (i) by striking paragraph (4); 

5 (ii) by redesignating paragraph (3) as 

6 paragraph (5); and 

7 (iii) by striking paragraphs (1) and 

8 (2) and inserting the following: 

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

10 appropriated to the Administration to carry out this 

11 section, to remain available until expended— 

12 ‘‘(A) $15,000,000 for fiscal year 2008; 

13 ‘‘(B) $16,000,000 for fiscal year 2009; and 

14 ‘‘(C) $17,500,000 for fiscal year 2010. 

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

16 pursuant to paragraph (1), the Administrator shall 

17 use not less than 60 percent for grants under sub18 section (m). 

19 ‘‘(3) USE OF AMOUNTS.—Amounts made avail20 able under this subsection may only be used for grant 

21 awards and may not be used for costs incurred by the 

22 Administration in connection with the management 

23 and administration of the program under this section. 

24 ‘‘(4) CONTINUING GRANT AND COOPERATIVE

25 AGREEMENT AUTHORITY.— 


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

2 Administrator to make grants under this section 

3 shall be in effect for each fiscal year only to the 

4 extent and in the amounts as are provided in 

5 advance in appropriations Acts. 

6 ‘‘(B) PROMPTDISBURSEMENT.—In order to 

7 help women’s business centers operate smoothly 

8 and predictably, upon receiving funds to carry 

9 out this section for a fiscal year, the Adminis10 trator shall promptly disburse funds to any 

11 women’s business center awarded a grant under 

12 this section. 

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

14 has entered into a grant or cooperative agree15 ment with any women’s business center under 

16 this section, the Administrator shall not suspend, 

17 terminate, or fail to renew or extend any such 

18 grant or cooperative agreement, unless the Ad19 ministrator provides the women’s business center 

20 with written notification setting forth the rea21 sons for that action and affords the center an op22 portunity for a hearing, appeal, or other admin23 istrative proceeding under chapter 5 of title 5, 

24 United States Code.’’. 

25 (2) RENEWAL GRANTS.— 


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

2 Business Act (15 U.S.C. 656) is amended by re3 designating subsections (m) and (n) as sub4 sections (l) and (m), respectively. 

5 (B) REFERENCE.—Subsection (l)(4)(D) of 

6 section 29 of the Small Business Act (15 U.S.C. 

7 656), as redesignated by subparagraph (A) of 

8 this paragraph, is amended by striking ‘‘or sub9 section (l)’’. 

10 (C) ALLOCATION.—Section 29(k)(2) of the 

11 Small Business Act (15 U.S.C. 656(k)(2)), as 

12 amended by this Act, is amended by striking 

13 ‘‘subsection (m)’’ and inserting ‘‘subsection (l)’’. 

14 (D) EFFECTIVE DATE.—The amendments 

15 made by this paragraph shall take effect on the 

16 day after the effective date of the amendments 

17 made by section 8305(b) of the Small Business 

18 and Work Opportunity Act of 2007 (Public Law 

19 110-28) (striking subsection (l)). 

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

21 (a) COSPONSORSHIP AUTHORITY.—Section 406 of the 

22 Women’s Business Ownership Act of 1988 (15 U.S.C. 7106) 

23 is amended by adding at the end the following: 

24 ‘‘(f) COSPONSORSHIP AUTHORITY.—The Council is au25 thorized to enter into agreements as a cosponsor with public 


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1 and private entities, in the same manner as is provided 

2 in section 4(h) of the Small Business Act (15 U.S.C. 

3 633(h)), to carry out its duties under this section.’’. 

4 (b) MEMBERSHIP.—Section 407(f) of the Women’s 

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

6 amended by adding at the end the following: 

7 ‘‘(3) REPRESENTATION OF MEMBER ORGANIZA8 TIONS.—In consultation with the chairperson of the 

9 Council and the Administrator, a national women’s 

10 business organization or small business concern that 

11 is represented on the Council may replace its rep12 resentative member on the Council during the service 

13 term to which that member was appointed.’’. 

14 (c) ESTABLISHMENT OF WORKING GROUPS.—Title IV 

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

16 7101 et seq.) is amended by inserting after section 410, the 

17 following new section: 

18 ‘‘SEC. 411. WORKING GROUPS. 

19 ‘‘(a) ESTABLISHMENT.—There are established within 

20 the Council, working groups, as directed by the chairperson. 

21 ‘‘(b) DUTIES.—The working groups established under 

22 subsection (a) shall perform such duties as the chairperson 

23 shall direct.’’. 

24 (d) ELECTRONIC CLEARINGHOUSE FOR HISTORICAL

25 DOCUMENTS.—Section 409 of the Women’s Business OwnVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 E:\BILLS\S1671.RS S1671

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1 ership Act of 1988 (15 U.S.C. 7109) is amended by adding 

2 at the end the following: 

3 ‘‘(c) ELECTRONIC CLEARINGHOUSE FOR HISTORICAL

4 DOCUMENTS.—The Council shall serve as an electronic 

5 clearinghouse for information on small businesses owned 

6 and controlled by women, including research conducted by 

7 other organizations and individuals relating to ownership 

8 by women of small business concerns in the United States.’’. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 410(a) of the Women’s Business Ownership Act of 1988 (15 

11 U.S.C. 7110(a)) is amended by striking ‘‘2001 through 

12 2003, of which $550,000’’ and inserting ‘‘2008 through 

13 2010, of which not less than 30 percent’’. 

14 SEC. 204. INTERAGENCY COMMITTEE ON WOMEN’S BUSI15 NESS ENTERPRISE. 

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

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

18 amended— 

19 (1) by striking ‘‘Not later’’ and inserting the fol20 lowing: 

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

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

23 ‘‘(2) VACANCY.—In the event that a chairperson 

24 is not appointed under paragraph (1), the Deputy 

25 Administrator of the Small Business Administration 


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1 shall serve as acting chairperson of the Interagency 

2 Committee until a chairperson is appointed under 

3 paragraph (1).’’. 

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

5 Women’s Business Ownership Act of 1988 (15 U.S.C. 7101) 

6 is amended— 

7 (1) by striking ‘‘There’’ and inserting the fol8 lowing: 

9 ‘‘(a) IN GENERAL.—There’’; and 

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

11 ‘‘(b) POLICY ADVISORY GROUP.— 

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

13 Policy Advisory Group to assist the chairperson in 

14 developing policies and programs under this Act. 

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

16 shall be composed of 7 policy making officials, of 

17 whom— 

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

19 Business Administration; 

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

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

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


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

3 ‘‘(F) 2 shall be representatives of the Coun4 cil. 

5 ‘‘(3) MEETINGS.—The Policy Advisory Group es6 tablished under paragraph (1) shall meet not less fre7 quently than 3 times each year to— 

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

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

10 goals; and 

11 ‘‘(C) evaluate the progress during the fiscal 

12 year and prepare an annual report.’’. 

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

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

16 (1) The National Women’s Business Council pro17 vides an independent source of advice and policy rec18 ommendations regarding women’s business develop19 ment and the needs of women entrepreneurs in the 

20 United States to— 

21 (A) the President; 

22 (B) Congress; 

23 (C) the Interagency Committee on Women’s 

24 Business Enterprise; and 

25 (D) the Administrator. 


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1 (2) The members of the National Women’s Busi2 ness Council are small business owners, representa3 tives of business organizations, and representatives of 

4 women’s business centers. 

5 (3) The chair and ranking member of the Com6 mittee on Small Business and Entrepreneurship of 

7 the Senate and the Committee on Small Business of 

8 the House of Representatives make recommendations 

9 to the Administrator to fill 8 of the positions on the 

10 National Women’s Business Council. Four of the posi11 tions are reserved for small business owners who are 

12 affiliated with the political party of the President and 

13 4 of the positions are reserved for small business own14 ers who are not affiliated with the political party of 

15 the President. This method of appointment ensures 

16 that the National Women’s Business Council will pro17 vide Congress with nonpartisan, balanced, and inde18 pendent advice. 

19 (4) In order to maintain the independence of the 

20 National Women’s Business Council and to ensure 

21 that the Council continues to provide the President, 

22 the Interagency Committee on Women’s Business En23 terprise, the Administrator, and Congress with advice 

24 on a nonpartisan basis, it is essential that the Coun25 cil maintain the bipartisan balance established under 


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1 section 407 of the Women’s Business Ownership Act 

2 of 1988 (15 U.S.C. 7107). 

3 (b) MAINTENANCE OF PARTISAN BALANCE.—Section 

4 407(f) of the Women’s Business Ownership Act of 1988 (15 

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

6 adding at the end the following: 

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

9 member appointed under paragraph (1) or (2) of sub10 section (b), the Administrator shall, to the extent 

11 practicable, ensure that there are an equal number of 

12 members on the Council from each of the 2 major po13 litical parties. 

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

15 filled within the 30-day period required under para16 graph (1), or if there exists an imbalance of party17 affiliated members on the Council for a period exceed18 ing 30 days, the Administrator shall submit a report, 

19 not later than 10 days after the expiration of either 

20 such 30-day deadline, to the Committee on Small 

21 Business and Entrepreneurship of the Senate and the 

22 Committee on Small Business of the House of Rep23 resentatives, that explains why the respective deadline 

24 was not met and provides an estimated date on which 

25 any vacancies will be filled, as applicable.’’. 


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1 TITLE III—INTERNATIONAL 

2 TRADE 

3 SEC. 301. SMALL BUSINESS ADMINISTRATION ASSOCIATE 

4 ADMINISTRATOR FOR INTERNATIONAL 

5 TRADE. 

6 (a) ESTABLISHMENT.—Section 22(a) of the Small 

7 Business Act (15 U.S.C. 649(a)) is amended by adding at 

8 the end the following: ‘‘The head of the Office shall be the 

9 Associate Administrator for International Trade, who shall 

10 be responsible to the Administrator.’’. 

11 (b) AUTHORITY FOR ADDITIONAL ASSOCIATE ADMINIS12 TRATOR.—Section 4(b)(1) of the Small Business Act (15 

13 U.S.C. 633(b)(1)) is amended— 

14 (1) in the fifth sentence, by striking ‘‘five Asso15 ciate Administrators’’ and inserting ‘‘Associate Ad16 ministrators’’; and 

17 (2) by adding at the end the following: ‘‘One of 

18 the Associate Administrators shall be the Associate 

19 Administrator for International Trade, who shall be 

20 the head of the Office of International Trade estab21 lished under section 22.’’. 

22 (c) DISCHARGE OF ADMINISTRATION INTERNATIONAL

23 TRADE RESPONSIBILITIES.—Section 22 of the Small Busi24 ness Act (15 U.S.C. 649) is amended by adding at the end 

25 the following: 


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1 ‘‘(h) DISCHARGE OF ADMINISTRATION INTERNATIONAL

2 TRADE RESPONSIBILITIES.—The Administrator shall en3 sure that— 

4 ‘‘(1) the responsibilities of the Administration re5 garding international trade are carried out through 

6 the Associate Administrator for International Trade; 

7 ‘‘(2) the Associate Administrator for Inter8 national Trade has sufficient resources to carry out 

9 such responsibilities; and 

10 ‘‘(3) the Associate Administrator for Inter11 national Trade has direct supervision and control 

12 over the staff of the Office of International Trade, and 

13 over any employee of the Administration whose prin14 cipal duty station is a United States Export Assist15 ance Center or any successor entity.’’. 

16 (d) ROLE OF ASSOCIATE ADMINISTRATOR IN CAR17 RYING OUT INTERNATIONAL TRADE POLICY.—Section 

18 2(b)(1) of the Small Business Act (15 U.S.C. 631(b)(1)) is 

19 amended in the matter preceding subparagraph (A)— 

20 (1) by inserting ‘‘the Administrator of’’ before 

21 ‘‘the Small Business Administration’’; and 

22 (2) by inserting ‘‘through the Associate Adminis23 trator for International Trade, and’’ before ‘‘in co24 operation with’’. 


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1 (e) TECHNICAL AMENDMENT.—Section 22(c)(5) of the 

2 Small Business Act (15 U.S.C. 649(c)(5)) is amended by 

3 striking the period at the end and inserting a semicolon. 

4 (f) EFFECTIVE DATE.—Not later than 90 days after 

5 the date of enactment of this Act, the Administrator shall 

6 appoint an Associate Administrator for International 

7 Trade under section 22 of the Small Business Act (15 

8 U.S.C. 649), as amended by this section. 

9 SEC. 302. OFFICE OF INTERNATIONAL TRADE. 

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

11 is amended— 

12 (1) by striking ‘‘SEC. 22. (a) There’’ and insert13 ing the following: 

14 ‘‘SEC. 22. OFFICE OF INTERNATIONAL TRADE. 

15 ‘‘(a) ESTABLISHMENT.—There’’. 

16 (2) in subsection (a), by inserting ‘‘(referred to 

17 in this section as the ‘Office’),’’ after ‘‘Trade’’; 

18 (3) in subsection (b)— 

19 (A) by striking ‘‘The Office’’ and inserting 

20 the following: 

21 ‘‘(b) TRADE DISTRIBUTION NETWORK.—The Office, 

22 including United States Export Assistance Centers (referred 

23 to as ‘one-stop shops’ in section 2301(b)(8) of the Omnibus 

24 Trade and Competitiveness Act of 1988 (15 U.S.C. 

25 4721(b)(8)) and as ‘export centers’ in this section)’’; and 


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1 (B) by amending paragraph (1) to read as 

2 follows: 

3 ‘‘(1) assist in maintaining a distribution net4 work using regional and local offices of the Adminis5 tration, the small business development center net6 work, the women’s business center network, and ex7 port centers for— 

8 ‘‘(A) trade promotion; 

9 ‘‘(B) trade finance; 

10 ‘‘(C) trade adjustment; 

11 ‘‘(D) trade remedy assistance; and 

12 ‘‘(E) trade data collection.’’; 

13 (4) in subsection (c)— 

14 (A) by redesignating paragraphs (1) 

15 through (8) as paragraphs (2) through (9), re16 spectively; 

17 (B) by inserting before paragraph (2), as so 

18 redesignated, the following: 

19 ‘‘(1) establish annual goals for the Office relating 

20 to— 

21 ‘‘(A) enhancing the exporting capability of 

22 small business concerns and small manufactur23 ers; 

24 ‘‘(B) facilitating technology transfers; 


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1 ‘‘(C) enhancing programs and services to 

2 assist small business concerns and small manu3 facturers to compete effectively and efficiently 

4 against foreign entities; 

5 ‘‘(D) increasing the access to capital by 

6 small business concerns; 

7 ‘‘(E) disseminating information concerning 

8 Federal, State, and private programs and initia9 tives; and 

10 ‘‘(F) ensuring that the interests of small 

11 business concerns are adequately represented in 

12 trade negotiations;’’; 

13 (C) in paragraph (2), as so redesignated, by 

14 striking ‘‘mechanism for’’ and all that follows 

15 through ‘‘(D)’’ and inserting the following: 

16 ‘‘mechanism for— 

17 ‘‘(A) identifying subsectors of the small 

18 business community with strong export poten19 tial; 

20 ‘‘(B) identifying areas of demand in foreign 

21 markets; 

22 ‘‘(C) prescreening foreign buyers for com23 mercial and credit purposes; and 

24 ‘‘(D)’’; and 

25 (D) in paragraph (9), as so redesignated— 


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1 (i) in the matter preceding subpara2 graph (A)— 

3 (I) by striking ‘‘full-time export 

4 development specialists to each Admin5 istration regional office and assign6 ing’’; and 

7 (II) by striking ‘‘office. Such spe8 cialists’’ and inserting ‘‘office and pro9 viding each Administration regional 

10 office with a full-time export develop11 ment specialist, who’’; 

12 (ii) in subparagraph (D), by striking 

13 ‘‘and’’ at the end; 

14 (iii) in subparagraph (E), by striking 

15 the period at the end and inserting a semi16 colon; and 

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

18 ‘‘(F) participate jointly with employees of 

19 the Office in an annual training program that 

20 focuses on current small business needs for ex21 porting; and 

22 ‘‘(G) jointly develop and conduct training 

23 programs for exporters and lenders in coopera24 tion with the United States Export Assistance 

25 Centers, the Department of Commerce, small 


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1 business development centers, and other relevant 

2 Federal agencies.’’; 

3 (5) in subsection (d)— 

4 (A) by inserting ‘‘EXPORT FINANCING PRO5 GRAMS.—’’ after ‘‘(d)’’; 

6 (B) by redesignating paragraphs (1) 

7 through (5) as clauses (i) through (v), respec8 tively, and adjusting the margins accordingly; 

9 (C) by striking ‘‘The Office shall work in 

10 cooperation’’ and inserting the following: 

11 ‘‘(1) IN GENERAL.—The Office shall work in co12 operation’’; and 

13 (D) by striking ‘‘To accomplish this goal, 

14 the Office shall work’’ and inserting the fol15 lowing: 

16 ‘‘(2) TRADE FINANCIAL SPECIALIST.—To accom17 plish the goal established under paragraph (1), the 

18 Office shall— 

19 ‘‘(A) designate at least 1 individual within 

20 the Administration as a trade financial spe21 cialist to oversee international loan programs 

22 and assist Administration employees with trade 

23 finance issues; and 

24 ‘‘(B) work’’; 


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1 (6) in subsection (e), by inserting ‘‘TRADE REM2 EDIES.—’’ after ‘‘(e)’’; 

3 (7) by amending subsection (f) to read as follows: 

4 ‘‘(f) REPORTING REQUIREMENT.—The Office shall sub5 mit an annual report to the Committee on Small Business 

6 and Entrepreneurship of the Senate and the Committee on 

7 Small Business of the House of Representatives that con8 tains— 

9 ‘‘(1) a description of the progress of the Office in 

10 implementing the requirements of this section; 

11 ‘‘(2) the destinations of travel by Office staff and 

12 benefits to the Administration and to small business 

13 concerns therefrom; and 

14 ‘‘(3) a description of the participation by the Of15 fice in trade negotiations.’’; 

16 (8) in subsection (g), by inserting ‘‘STUDIES.— 

17 ’’ after ‘‘(g)’’; and 

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

19 ‘‘(i) EXPORT ASSISTANCE CENTERS.— 

20 ‘‘(1) IN GENERAL.—During the period beginning 

21 on October 1, 2007, and ending on September 30, 

22 2010, the Administrator shall ensure that the number 

23 of full-time equivalent employees of the Office as24 signed to the one-stop shops referred to in section 

25 2301(b) of the Omnibus Trade and Competitiveness 


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1 Act of 1988 (15 U.S.C. 4721 (b)) is not less than the 

2 number of such employees so assigned on January 1, 

3 2003. 

4 ‘‘(2) PRIORITY OF PLACEMENT.—Priority shall 

5 be given, to the maximum extent practicable, to plac6 ing employees of the Administration at any Export 

7 Assistance Center that— 

8 ‘‘(A) had an Administration employee as9 signed to such center before January 2003; and 

10 ‘‘(B) has not had an Administration em11 ployee assigned to such center during the period 

12 beginning January 2003, and ending on the date 

13 of enactment of this subsection, either through re14 tirement or reassignment. 

15 ‘‘(3) NEEDS OF EXPORTERS.—The Administrator 

16 shall, to the maximum extent practicable, strategi17 cally assign Administration employees to Export As18 sistance Centers, based on the needs of exporters. 

19 ‘‘(4) GOALS.—The Office shall work with the De20 partment of Commerce and the Export-Import Bank 

21 to establish shared annual goals for the Export Cen22 ters. 

23 ‘‘(5) OVERSIGHT.—The Office shall designate an 

24 individual within the Administration to oversee all 


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1 activities conducted by Administration employees as2 signed to Export Centers.’’. 

3 TITLE IV—NATIVE AMERICAN 

4 SMALL BUSINESS DEVELOP5 MENT PROGRAM 

6 SEC. 401. SHORT TITLE. 

7 This title may be cited as the ‘‘Native American Small 

8 Business Development Act of 2007’’. 

9 SEC. 402. NATIVE AMERICAN SMALL BUSINESS DEVELOP10 MENT PROGRAM. 

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

12 amended— 

13 (1) by redesignating section 37 as section 38; 

14 and 

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

16 ‘‘SEC. 37. NATIVE AMERICAN SMALL BUSINESS DEVELOP17 MENT PROGRAM. 

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

19 ‘‘(1) the term ‘Alaska Native’ has the same 

20 meaning as the term ‘Native’ in section 3(b) of the 

21 Alaska Native Claims Settlement Act (43 U.S.C. 

22 1602(b)); 

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

24 same meaning as the term ‘Native Corporation’ in 


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

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

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

4 the Assistant Administrator of the Office of Native 

5 American Affairs established under subsection (b); 

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

7 business center’ mean a center established under sub8 section (c); 

9 ‘‘(5) the term ‘Native American business enter10 prise center’ means an entity providing business de11 velopment assistance to federally recognized tribes and 

12 Native Americans under a grant from the Minority 

13 Business Development Agency of the Department of 

14 Commerce; 

15 ‘‘(6) the term ‘Native American small business 

16 concern’ means a small business concern that is 

17 owned and controlled by— 

18 ‘‘(A) a member of an Indian tribe or tribal 

19 government; 

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

21 corporation; or 

22 ‘‘(C) a Native Hawaiian or Native Hawai23 ian Organization; 


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1 ‘‘(7) the term ‘Native Hawaiian’ has the same 

2 meaning as in section 625 of the Older Americans Act 

3 of 1965 (42 U.S.C. 3057k); 

4 ‘‘(8) the term ‘Native Hawaiian Organization’ 

5 has the same meaning as in section 8(a)(15); 

6 ‘‘(9) the term ‘tribal college’ has the same mean7 ing as the term ‘tribally controlled college or univer8 sity’ has in section 2(a)(4) of the Tribally Controlled 

9 Community College Assistance Act of 1978 (25 U.S.C. 

10 1801(a)(4)); 

11 ‘‘(10) the term ‘tribal government’ has the same 

12 meaning as the term ‘Indian tribe’ has in section 

13 7501(a)(9) of title 31, United States Code; and 

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

15 within the exterior boundaries of any Indian reserva16 tion. 

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

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

19 within the Administration the Office of Native Amer20 ican Affairs, which, under the direction of the Assist21 ant Administrator, shall implement the Administra22 tion’s programs for the development of business enter23 prises by Native Americans. 


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1 ‘‘(2) PURPOSE.—The purpose of the Office of Na2 tive American Affairs is to assist Native American 

3 entrepreneurs to— 

4 ‘‘(A) start, operate, and grow small business 

5 concerns; 

6 ‘‘(B) develop management and technical 

7 skills; 

8 ‘‘(C) seek Federal procurement opportuni9 ties; 

10 ‘‘(D) increase employment opportunities for 

11 Native Americans through the start and expan12 sion of small business concerns; and 

13 ‘‘(E) increase the access of Native Ameri14 cans to capital markets. 

15 ‘‘(3) ASSISTANT ADMINISTRATOR.— 

16 ‘‘(A) APPOINTMENT.—The Administrator 

17 shall appoint a qualified individual to serve as 

18 Assistant Administrator of the Office of Native 

19 American Affairs in accordance with this para20 graph. 

21 ‘‘(B) QUALIFICATIONS.—The Assistant Ad22 ministrator appointed under subparagraph (A) 

23 shall have— 

24 ‘‘(i) knowledge of the Native American 

25 culture; and 


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1 ‘‘(ii) experience providing culturally 

2 tailored small business development assist3 ance to Native Americans. 

4 ‘‘(C) EMPLOYMENT STATUS.—The Assistant 

5 Administrator shall be a Senior Executive Serv6 ice position under section 3132(a)(2) of title 5, 

7 United States Code, and shall serve as a non8 career appointee, as defined in section 

9 3132(a)(7) of title 5, United States Code. 

10 ‘‘(D) RESPONSIBILITIES AND DUTIES.—The 

11 Assistant Administrator shall— 

12 ‘‘(i) administer and manage the Native 

13 American Small Business Development pro14 gram established under this section; 

15 ‘‘(ii) recommend the annual adminis16 trative and program budgets for the Office 

17 of Native American Affairs; 

18 ‘‘(iii) consult with Native American 

19 business centers in carrying out the pro20 gram established under this section; 

21 ‘‘(iv) recommend appropriate funding 

22 levels; 

23 ‘‘(v) review the annual budgets sub24 mitted by each applicant for the Native 


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1 American Small Business Development pro2 gram; 

3 ‘‘(vi) select applicants to participate in 

4 the program under this section; 

5 ‘‘(vii) implement this section; and 

6 ‘‘(viii) maintain a clearinghouse to 

7 provide for the dissemination and exchange 

8 of information between Native American 

9 business centers. 

10 ‘‘(E) CONSULTATION REQUIREMENTS.—In 

11 carrying out the responsibilities and duties de12 scribed in this paragraph, the Assistant Admin13 istrator shall confer with and seek the advice 

14 of— 

15 ‘‘(i) Administration officials working 

16 in areas served by Native American busi17 ness centers and Native American business 

18 enterprise centers; 

19 ‘‘(ii) representatives of tribal govern20 ments; 

21 ‘‘(iii) tribal colleges; 

22 ‘‘(iv) Alaska Native corporations; and 

23 ‘‘(v) Native Hawaiian Organizations. 

24 ‘‘(c) NATIVE AMERICAN SMALL BUSINESS DEVELOP25 MENT PROGRAM.— 


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1 ‘‘(1) AUTHORIZATION.— 

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

3 through the Office of Native American Affairs, 

4 shall provide financial assistance to tribal gov5 ernments, tribal colleges, Native Hawaiian Orga6 nizations, and Alaska Native corporations to cre7 ate Native American business centers in accord8 ance with this section. 

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

10 resource assistance provided under this sub11 section shall be used to overcome obstacles imped12 ing the creation, development, and expansion of 

13 small business concerns, in accordance with this 

14 section, by— 

15 ‘‘(i) reservation-based American Indi16 ans; 

17 ‘‘(ii) Alaska Natives; and 

18 ‘‘(iii) Native Hawaiians. 

19 ‘‘(2) 5-YEAR PROJECTS.— 

20 ‘‘(A) IN GENERAL.—Each Native American 

21 business center that receives assistance under 

22 paragraph (1)(A) shall conduct a 5-year project 

23 that offers culturally tailored business develop24 ment assistance in the form of— 


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1 ‘‘(i) financial education, including 

2 training and counseling in— 

3 ‘‘(I) applying for and securing 

4 business credit and investment capital; 

5 ‘‘(II) preparing and presenting fi6 nancial statements; and 

7 ‘‘(III) managing cash flow and 

8 other financial operations of a business 

9 concern; 

10 ‘‘(ii) management education, including 

11 training and counseling in planning, orga12 nizing, staffing, directing, and controlling 

13 each major activity and function of a small 

14 business concern; and 

15 ‘‘(iii) marketing education, including 

16 training and counseling in— 

17 ‘‘(I) identifying and segmenting 

18 domestic and international market op19 portunities; 

20 ‘‘(II) preparing and executing 

21 marketing plans; 

22 ‘‘(III) developing pricing strate23 gies; 

24 ‘‘(IV) locating contract opportuni25 ties; 


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1 ‘‘(V) negotiating contracts; and 

2 ‘‘(VI) utilizing varying public re3 lations and advertising techniques. 

4 ‘‘(B) BUSINESS DEVELOPMENTASSISTANCE

5 RECIPIENTS.—The business development assist6 ance under subparagraph (A) shall be offered to 

7 prospective and current owners of small business 

8 concerns that are owned by— 

9 ‘‘(i) American Indians or tribal gov10 ernments, and located on or near tribal 

11 lands; 

12 ‘‘(ii) Alaska Natives or Alaska Native 

13 corporations; or 

14 ‘‘(iii) Native Hawaiians or Native Ha15 waiian Organizations. 

16 ‘‘(3) FORM OF FEDERAL FINANCIAL ASSIST17 ANCE.— 

18 ‘‘(A) DOCUMENTATION.— 

19 ‘‘(i) IN GENERAL.—The financial as20 sistance to Native American business centers 

21 authorized under this subsection may be 

22 made by grant, contract, or cooperative 

23 agreement. 

24 ‘‘(ii) EXCEPTION.—Financial assist25 ance under this subsection to Alaska Native 


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1 corporations or Native Hawaiian Organiza2 tions may only be made by grant. 

3 ‘‘(B) PAYMENTS.— 

4 ‘‘(i) TIMING.—Payments made under 

5 this subsection may be disbursed in an an6 nual lump sum or in periodic installments, 

7 at the request of the recipient. 

8 ‘‘(ii) ADVANCE.—The Administration 

9 may disburse not more than 25 percent of 

10 the annual amount of Federal financial as11 sistance awarded to a Native American 

12 small business center after notice of the 

13 award has been issued. 

14 ‘‘(iii) NO MATCHING REQUIREMENT.— 

15 The Administration shall not require a 

16 grant recipient to match grant funding re17 ceived under this subsection with non-Fed18 eral resources as a condition of receiving the 

19 grant. 

20 ‘‘(4) CONTRACT AND COOPERATIVE AGREEMENT

21 AUTHORITY.—A Native American business center may 

22 enter into a contract or cooperative agreement with a 

23 Federal department or agency to provide specific as24 sistance to Native American and other underserved 

25 small business concerns located on or near tribal 


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1 lands, to the extent that such contract or cooperative 

2 agreement is consistent with the terms of any assist3 ance received by the Native American business center 

4 from the Administration. 

5 ‘‘(5) APPLICATION PROCESS.— 

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

7 Each applicant for assistance under paragraph 

8 (1) shall submit a 5-year plan to the Adminis9 tration on proposed assistance and training ac10 tivities. 

11 ‘‘(B) CRITERIA.— 

12 ‘‘(i) IN GENERAL.—The Administra13 tion shall evaluate and rank applicants in 

14 accordance with predetermined selection cri15 teria that shall be stated in terms of relative 

16 importance. 

17 ‘‘(ii) PUBLIC NOTICE.—The criteria re18 quired by this paragraph and their relative 

19 importance shall be made publicly avail20 able, within a reasonable time, and stated 

21 in each solicitation for applications made 

22 by the Administration. 

23 ‘‘(iii) CONSIDERATIONS.—The criteria 

24 required by this paragraph shall include— 


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1 ‘‘(I) the experience of the appli2 cant in conducting programs or ongo3 ing efforts designed to impart or up4 grade the business skills of current or 

5 potential owners of Native American 

6 small business concerns; 

7 ‘‘(II) the ability of the applicant 

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

10 ‘‘(III) the ability of the applicant 

11 to provide quality training and serv12 ices to a significant number of Native 

13 Americans; 

14 ‘‘(IV) previous assistance from the 

15 Administration to provide services in 

16 Native American communities; and 

17 ‘‘(V) the proposed location for the 

18 Native American business center site, 

19 with priority given based on the prox20 imity of the center to the population 

21 being served and to achieve a broad ge22 ographic dispersion of the centers. 

23 ‘‘(6) PROGRAM EXAMINATION.— 

24 ‘‘(A) IN GENERAL.—Each Native American 

25 business center established pursuant to this subVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6203 E:\BILLS\S1671.RS S1671

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1 section shall annually provide the Administra2 tion with an itemized cost breakdown of actual 

3 expenditures incurred during the preceding year. 

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

5 information received under subparagraph (A), 

6 the Administration shall— 

7 ‘‘(i) develop and implement an annual 

8 programmatic and financial examination of 

9 each Native American business center as10 sisted pursuant to this subsection; and 

11 ‘‘(ii) analyze the results of each exam12 ination conducted under clause (i) to deter13 mine the programmatic and financial via14 bility of each Native American business cen15 ter. 

16 ‘‘(C) CONDITIONS FOR CONTINUED FUND17 ING.—In determining whether to renew a grant, 

18 contract, or cooperative agreement with a Native 

19 American business center, the Administration— 

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

21 most recent examination of the center under 

22 subparagraph (B), and, to a lesser extent, 

23 previous examinations; and 

24 ‘‘(ii) may withhold such renewal, if the 

25 Administration determines that— 


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1 ‘‘(I) the center has failed to pro2 vide adequate information required to 

3 be provided under subparagraph (A), 

4 or the information provided by the cen5 ter is inadequate; or 

6 ‘‘(II) the center has failed to pro7 vide adequate information required to 

8 be provided by the center for purposes 

9 of the report of the Administration 

10 under subparagraph (E). 

11 ‘‘(D) CONTINUING CONTRACT AND COOPERA12 TIVE AGREEMENT AUTHORITY.— 

13 ‘‘(i) IN GENERAL.—The authority of 

14 the Administrator to enter into contracts or 

15 cooperative agreements in accordance with 

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

18 amounts as are provided in advance in ap19 propriations Acts. 

20 ‘‘(ii) RENEWAL.—After the Adminis21 trator has entered into a contract or cooper22 ative agreement with any Native American 

23 business center under this subsection, it 

24 shall not suspend, terminate, or fail to 

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1 erative agreement unless the Administrator 

2 provides the center with written notification 

3 setting forth the reasons therefore and af4 fords the center an opportunity for a hear5 ing, appeal, or other administrative pro6 ceeding under chapter 5 of title 5, United 

7 States Code. 

8 ‘‘(E) MANAGEMENTREPORT.— 

9 ‘‘(i) IN GENERAL.—The Administra10 tion shall prepare and submit to the Com11 mittee on Small Business and Entrepre12 neurship of the Senate and the Committee 

13 on Small Business of the House of Rep14 resentatives an annual report on the effec15 tiveness of all projects conducted by Native 

16 American business centers under this sub17 section and any pilot programs adminis18 tered by the Office of Native American Af19 fairs. 

20 ‘‘(ii) CONTENTS.—Each report sub21 mitted under clause (i) shall include, with 

22 respect to each Native American business 

23 center receiving financial assistance under 

24 this subsection— 


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1 ‘‘(I) the number of individuals re2 ceiving assistance from the Native 

3 American business center; 

4 ‘‘(II) the number of startup busi5 ness concerns created; 

6 ‘‘(III) the number of existing busi7 nesses seeking to expand employment; 

8 ‘‘(IV) jobs created or maintained, 

9 on an annual basis, by Native Amer10 ican small business concerns assisted 

11 by the center since receiving funding 

12 under this Act; 

13 ‘‘(V) to the maximum extent prac14 ticable, the capital investment and 

15 loan financing utilized by emerging 

16 and expanding businesses that were as17 sisted by a Native American business 

18 center; and 

19 ‘‘(VI) the most recent examina20 tion, as required under subparagraph 

21 (B), and the subsequent determination 

22 made by the Administration under 

23 that subparagraph. 

24 ‘‘(7) ANNUAL REPORT.—Each entity receiving fi25 nancial assistance under this subsection shall annuVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6203 E:\BILLS\S1671.RS S1671

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1 ally report to the Administration on the services pro2 vided with such financial assistance, including— 

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

4 categorized by ethnicity; 

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

6 counseling and training for those individuals; 

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

8 concerns created or maintained; 

9 ‘‘(D) the gross receipts of assisted small 

10 business concerns; 

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

13 ‘‘(F) the number of Native American jobs 

14 created or maintained at assisted small business 

15 concerns. 

16 ‘‘(8) RECORD RETENTION.— 

17 ‘‘(A) APPLICATIONS.—The Administration 

18 shall maintain a copy of each application sub19 mitted under this subsection for not less than 7 

20 years. 

21 ‘‘(B) ANNUAL REPORTS.—The Administra22 tion shall maintain copies of the information 

23 collected under paragraph (6)(A) indefinitely. 

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

25 are authorized to be appropriated $5,000,000 for each of 


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1 the fiscal years 2008 through 2010, to carry out the Native 

2 American Small Business Development Program, author3 ized under subsection (c).’’. 

4 SEC. 403. PILOT PROGRAMS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) INCORPORATION BY REFERENCE.—The terms 

7 defined in section 37(a) of the Small Business Act (as 

8 added by this title) have the same meanings as in 

9 that section 37(a) when used in this section. 

10 (2) JOINTPROJECT.—The term ‘‘joint project’’ 

11 means the combined resources and expertise of 2 or 

12 more distinct entities at a physical location dedicated 

13 to assisting the Native American community. 

14 (b) NATIVE AMERICAN DEVELOPMENT GRANT PILOT

15 PROGRAM.— 

16 (1) AUTHORIZATION.— 

17 (A) IN GENERAL.—There is established a 4- 

18 year pilot program under which the Administra19 tion is authorized to award Native American de20 velopment grants to provide culturally tailored 

21 business development training and related serv22 ices to Native Americans and Native American 

23 small business concerns. 


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1 (B) ELIGIBLE ORGANIZATIONS.—The grants 

2 authorized under subparagraph (A) may be 

3 awarded to— 

4 (i) any small business development 

5 center; or 

6 (ii) any private, nonprofit organiza7 tion that— 

8 (I) has members of an Indian 

9 tribe comprising a majority of its 

10 board of directors; 

11 (II) is a Native Hawaiian Orga12 nization; or 

13 (III) is an Alaska Native corpora14 tion. 

15 (C) AMOUNTS.—The Administration shall 

16 not award a grant under this subsection in an 

17 amount which exceeds $100,000 for each year of 

18 the project. 

19 (D) GRANTDURATION.—Each grant under 

20 this subsection shall be awarded for not less than 

21 a 2-year period and not more than a 4-year pe22 riod. 

23 (2) CONDITIONS FOR PARTICIPATION.—Each en24 tity desiring a grant under this subsection shall subVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6203 E:\BILLS\S1671.RS S1671

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1 mit an application to the Administration that con2 tains— 

3 (A) a certification that the applicant— 

4 (i) is a small business development 

5 center or a private, nonprofit organization 

6 under paragraph (1)(B); 

7 (ii) employs an executive director or 

8 program manager to manage the facility; 

9 and 

10 (iii) agrees— 

11 (I) to a site visit as part of the 

12 final selection process; 

13 (II) to an annual programmatic 

14 and financial examination; and 

15 (III) to the maximum extent 

16 practicable, to remedy any problems 

17 identified pursuant to that site visit or 

18 examination; 

19 (B) information demonstrating that the ap20 plicant has the ability and resources to meet the 

21 needs, including cultural needs, of the Native 

22 Americans to be served by the grant; 

23 (C) information relating to proposed assist24 ance that the grant will provide, including— 


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1 (i) the number of individuals to be as2 sisted; and 

3 (ii) the number of hours of counseling, 

4 training, and workshops to be provided; 

5 (D) information demonstrating the effective 

6 experience of the applicant in— 

7 (i) conducting financial, management, 

8 and marketing assistance programs de9 signed to impart or upgrade the business 

10 skills of current or prospective Native Amer11 ican business owners; 

12 (ii) providing training and services to 

13 a representative number of Native Ameri14 cans; 

15 (iii) using resource partners of the Ad16 ministration and other entities, including 

17 universities, tribal governments, or tribal 

18 colleges; and 

19 (iv) the prudent management of fi20 nances and staffing; 

21 (E) the location where the applicant will 

22 provide training and services to Native Ameri23 cans; and 

24 (F) a multiyear plan, corresponding to the 

25 length of the grant, that describes— 


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1 (i) the number of Native Americans 

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

4 (ii) in the continental United States, 

5 the number of Native Americans to be 

6 served by the grant; and 

7 (iii) the training and services to be 

8 provided to a representative number of Na9 tive Americans. 

10 (3) REVIEW OF APPLICATIONS.—The Adminis11 tration shall— 

12 (A) evaluate and rank applicants under 

13 paragraph (2) in accordance with predetermined 

14 selection criteria that is stated in terms of rel15 ative importance; 

16 (B) include such criteria in each solicita17 tion under this subsection and make such infor18 mation available to the public; and 

19 (C) approve or disapprove each completed 

20 application submitted under this subsection not 

21 later than 60 days after the date of submission. 

22 (4) ANNUAL REPORT.—Each recipient of a Na23 tive American development grant under this sub24 section shall annually report to the Administration 

25 on the impact of the grant funding, including— 


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1 (A) the number of individuals assisted, cat2 egorized by ethnicity; 

3 (B) the number of hours spent providing 

4 counseling and training for those individuals; 

5 (C) the number of startup small business 

6 concerns created or maintained with assistance 

7 from a Native American business center; 

8 (D) the gross receipts of assisted small busi9 ness concerns; 

10 (E) the number of jobs created or main11 tained at assisted small business concerns; and 

12 (F) the number of Native American jobs cre13 ated or maintained at assisted small business 

14 concerns. 

15 (5) RECORD RETENTION.— 

16 (A) APPLICATIONS.—The Administration 

17 shall maintain a copy of each application sub18 mitted under this subsection for not less than 7 

19 years. 

20 (B) ANNUAL REPORTS.—The Administra21 tion shall maintain copies of the information 

22 collected under paragraph (4) indefinitely. 

23 (c) AMERICAN INDIAN TRIBAL ASSISTANCE CENTER

24 GRANT PILOT PROGRAM.— 

25 (1) AUTHORIZATION.— 


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1 (A) IN GENERAL.—There is established a 4- 

2 year pilot program, under which the Adminis3 tration shall award not less than 3 American In4 dian Tribal Assistance Center grants to establish 

5 joint projects to provide culturally tailored busi6 ness development assistance to prospective and 

7 current owners of small business concerns located 

8 on or near tribal lands. 

9 (B) ELIGIBLE ORGANIZATIONS.— 

10 (i) CLASS 1.—Not fewer than 1 grant 

11 shall be awarded to a joint project per12 formed by a Native American business cen13 ter, a Native American business enterprise 

14 center, and a small business development 

15 center. 

16 (ii) CLASS 2.—Not fewer than 2 grants 

17 shall be awarded to joint projects performed 

18 by a Native American business center and 

19 a Native American business enterprise cen20 ter. 

21 (C) AMOUNTS.—The Administration shall 

22 not award a grant under this subsection in an 

23 amount which exceeds $200,000 for each year of 

24 the project. 


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1 (D) GRANTDURATION.—Each grant under 

2 this subsection shall be awarded for a 3-year pe3 riod. 

4 (2) CONDITIONS FOR PARTICIPATION.—Each en5 tity desiring a grant under this subsection shall sub6 mit to the Administration a joint application that 

7 contains— 

8 (A) a certification that each participant of 

9 the joint application— 

10 (i) is either a Native American busi11 ness center, a Native American business en12 terprise center, or a small business develop13 ment center; 

14 (ii) employs an executive director or 

15 program manager to manage the center; 

16 and 

17 (iii) as a condition of receiving an 

18 American Indian Tribal Assistance Center 

19 grant, agrees— 

20 (I) to an annual programmatic 

21 and financial examination; and 

22 (II) to the maximum extent prac23 ticable, to remedy any problems identi24 fied pursuant to that examination; 


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1 (B) information demonstrating an historic 

2 commitment to providing assistance to Native 

3 Americans— 

4 (i) residing on or near tribal lands; or 

5 (ii) operating a small business concern 

6 on or near tribal lands; 

7 (C) information demonstrating that each 

8 participant of the joint application has the abil9 ity and resources to meet the needs, including the 

10 cultural needs, of the Native Americans to be 

11 served by the grant; 

12 (D) information relating to proposed assist13 ance that the grant will provide, including— 

14 (i) the number of individuals to be as15 sisted; and 

16 (ii) the number of hours of counseling, 

17 training, and workshops to be provided; 

18 (E) information demonstrating the effective 

19 experience of each participant of the joint appli20 cation in— 

21 (i) conducting financial, management, 

22 and marketing assistance programs, de23 signed to impart or upgrade the business 

24 skills of current or prospective Native Amer25 ican business owners; and 


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

3 (F) a plan for the length of the grant, that 

4 describes— 

5 (i) the number of Native Americans 

6 and Native American small business con7 cerns to be served by the grant; and 

8 (ii) the training and services to be pro9 vided. 

10 (3) REVIEW OF APPLICATIONS.—The Adminis11 tration shall— 

12 (A) evaluate and rank applicants under 

13 paragraph (2) in accordance with predetermined 

14 selection criteria that is stated in terms of rel15 ative importance; 

16 (B) include such criteria in each solicita17 tion under this subsection and make such infor18 mation available to the public; and 

19 (C) approve or disapprove each application 

20 submitted under this subsection not later than 60 

21 days after the date of submission. 

22 (4) ANNUAL REPORT.—Each recipient of an 

23 American Indian tribal assistance center grant under 

24 this subsection shall annually report to the Adminis25 tration on the impact of the grant funding received 


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1 during the reporting year, and the cumulative impact 

2 of the grant funding received since the initiation of 

3 the grant, including— 

4 (A) the number of individuals assisted, cat5 egorized by ethnicity; 

6 (B) the number of hours of counseling and 

7 training provided and workshops conducted; 

8 (C) the number of startup business concerns 

9 created or maintained with assistance from a 

10 Native American business center; 

11 (D) the gross receipts of assisted small busi12 ness concerns; 

13 (E) the number of jobs created or main14 tained at assisted small business concerns; and 

15 (F) the number of Native American jobs cre16 ated or maintained at assisted small business 

17 concerns. 

18 (5) RECORD RETENTION.— 

19 (A) APPLICATIONS.—The Administration 

20 shall maintain a copy of each application sub21 mitted under this subsection for not less than 7 

22 years. 

23 (B) ANNUAL REPORTS.—The Administra24 tion shall maintain copies of the information 

25 collected under paragraph (4) indefinitely. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated— 

3 (1) $1,000,000 for each of fiscal years 2008 

4 through 2010, to carry out the Native American De5 velopment Grant Pilot Program, authorized under 

6 subsection (b); and 

7 (2) $1,000,000 for each of fiscal years 2008 

8 through 2010, to carry out the American Indian Trib9 al Assistance Center Grant Pilot Program, authorized 

10 under subsection (c). 

11 TITLE V—NATIONAL SMALL 

12 BUSINESS REGULATORY AS13 SISTANCE 

14 SEC. 501. SHORT TITLE. 

15 This title may be cited as the ‘‘National Small Busi16 ness Regulatory Assistance Act of 2007’’. 

17 SEC. 502. PURPOSE. 

18 The purpose of this title is to establish a 4-year pilot 

19 program to— 

20 (1) provide confidential assistance to small busi21 ness concerns; 

22 (2) provide small business concerns with the in23 formation necessary to improve their rate of compli24 ance with Federal and State regulations derived from 

25 Federal law; 


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1 (3) create a partnership among Federal agencies 

2 to increase outreach efforts to small business concerns 

3 with respect to regulatory compliance; 

4 (4) provide a mechanism for unbiased feedback 

5 to Federal agencies on the regulatory environment for 

6 small business concerns; and 

7 (5) expand the services delivered by the small 

8 business development centers under section 

9 21(c)(3)(H) of the Small Business Act to improve ac10 cess to programs to assist small business concerns 

11 with regulatory compliance. 

12 SEC. 503. SMALL BUSINESS REGULATORY ASSISTANCE 

13 PILOT PROGRAM. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ASSOCIATION.—The term ‘‘association’’ 

16 means the association established pursuant to section 

17 21(a)(3)(A) of the Small Business Act (15 U.S.C. 

18 648(a)(3)(A)) representing a majority of small busi19 ness development centers. 

20 (2) PARTICIPATING SMALL BUSINESS DEVELOP21 MENTCENTER.—The term ‘‘participating small busi22 ness development center’’ means a small business de23 velopment center participating in the pilot program 

24 established under this title. 


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1 (3) REGULATORY COMPLIANCE ASSISTANCE.— 

2 The term ‘‘regulatory compliance assistance’’ means 

3 assistance provided by a small business development 

4 center to a small business concern to assist and facili5 tate the concern in complying with Federal and State 

6 regulatory requirements derived from Federal law. 

7 (4) SMALL BUSINESS DEVELOPMENTCENTER.— 

8 The term ‘‘small business development center’’ means 

9 a small business development center described in sec10 tion 21 of the Small Business Act (15 U.S.C. 648). 

11 (5) STATE.—The term ‘‘State’’ means each of the 

12 several States, the District of Columbia, the Common13 wealth of Puerto Rico, the Virgin Islands, American 

14 Samoa, and Guam. 

15 (b) AUTHORITY.—In accordance with this section, the 

16 Administrator shall establish a pilot program to provide 

17 regulatory compliance assistance to small business concerns 

18 through participating small business development centers. 

19 (c) SMALL BUSINESS DEVELOPMENT CENTERS.— 

20 (1) IN GENERAL.—In carrying out the pilot pro21 gram established under this section, the Adminis22 trator shall enter into arrangements with partici23 pating small business development centers under 

24 which such centers shall— 


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1 (A) provide access to information and re2 sources, including current Federal and State 

3 nonpunitive compliance and technical assistance 

4 programs similar to those established under sec5 tion 507 of the Clean Air Act Amendments of 

6 1990 (42 U.S.C. 7661f); 

7 (B) conduct training and educational ac8 tivities; 

9 (C) offer confidential, free of charge, one-on10 one, in-depth counseling to the owners and oper11 ators of small business concerns regarding com12 pliance with Federal and State regulations de13 rived from Federal law, provided that such coun14 seling is not considered to be the practice of law 

15 in a State in which a small business develop16 ment center is located or in which such coun17 seling is conducted; 

18 (D) provide technical assistance; 

19 (E) give referrals to experts and other pro20 viders of compliance assistance who meet such 

21 standards for educational, technical, and profes22 sional competency as are established by the Ad23 ministrator; and 

24 (F) form partnerships with Federal compli25 ance programs. 


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1 (2) REPORTS.—Each participating small busi2 ness development center shall transmit to the Admin3 istrator and the Chief Counsel for Advocacy of the Ad4 ministration, as the Administrator may direct, a 

5 quarterly report that includes— 

6 (A) a summary of the regulatory compli7 ance assistance provided by the center under the 

8 pilot program; 

9 (B) the number of small business concerns 

10 assisted under the pilot program; and 

11 (C) for every fourth report, any regulatory 

12 compliance information based on Federal law 

13 that a Federal or State agency has provided to 

14 the center during the preceding year and re15 quested that it be disseminated to small business 

16 concerns. 

17 (d) ELIGIBILITY.—A small business development cen18 ter shall be eligible to receive assistance under the pilot pro19 gram established under this section only if such center is 

20 accredited under section 21(k)(2) of the Small Business Act 

21 (15 U.S.C. 648(k)(2)). 

22 (e) SELECTION OF PARTICIPATING SMALL BUSINESS

23 DEVELOPMENT CENTERS.— 

24 (1) GROUPINGS.— 


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1 (A) CONSULTATION.—The Administrator 

2 shall select the small business development center 

3 programs of 2 States from each of the groups of 

4 States described in subparagraph (B) to partici5 pate in the pilot program established under this 

6 section. 

7 (B) GROUPS.—The groups described in this 

8 subparagraph as follows: 

9 (i) GROUP 1.—Group 1 shall consist of 

10 Maine, Massachusetts, New Hampshire, 

11 Connecticut, Vermont, and Rhode Island. 

12 (ii) GROUP 2.—Group 2 shall consist 

13 of New York, New Jersey, Puerto Rico, and 

14 the Virgin Islands. 

15 (iii) GROUP 3.—Group 3 shall consist 

16 of Pennsylvania, Maryland, West Virginia, 

17 Virginia, the District of Columbia, and 

18 Delaware. 

19 (iv) GROUP 4.—Group 4 shall consist 

20 of Georgia, Alabama, North Carolina, South 

21 Carolina, Mississippi, Florida, Kentucky, 

22 and Tennessee. 

23 (v) GROUP 5.—Group 5 shall consist of 

24 Illinois, Ohio, Michigan, Indiana, Wis25 consin, and Minnesota. 


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1 (vi) GROUP 6.—Group 6 shall consist 

2 of Texas, New Mexico, Arkansas, Oklahoma, 

3 and Louisiana. 

4 (vii) GROUP 7.—Group 7 shall consist 

5 of Missouri, Iowa, Nebraska, and Kansas. 

6 (viii) GROUP 8.—Group 8 shall consist 

7 of Colorado, Wyoming, North Dakota, South 

8 Dakota, Montana, and Utah. 

9 (ix) GROUP 9.—Group 9 shall consist 

10 of California, Guam, American Samoa, Ha11 waii, Nevada, and Arizona. 

12 (x) GROUP 10.—Group 10 shall consist 

13 of Washington, Alaska, Idaho, and Oregon. 

14 (C) COORDINATION TO AVOID DUPLICATION

15 WITH OTHER PROGRAMS.—In selecting small 

16 business development center programs under this 

17 paragraph, the Administrator shall give a pref18 erence to any such program that has a plan for 

19 consulting with Federal and State agencies to 

20 ensure that any assistance provided under this 

21 section is not duplicated by a Federal or State 

22 program. 

23 (2) DEADLINE FOR SELECTION.—The Adminis24 trator shall make selections under this subsection not 


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1 later than 6 months after the date of publication of 

2 final regulations under section 1704. 

3 (f) MATCHING REQUIREMENT.—Subparagraphs (A) 

4 and (B) of section 21(a)(4) of the Small Business Act (15 

5 U.S.C. 648(a)(4)) shall apply to assistance made available 

6 under the pilot program established under this section. 

7 (g) GRANT AMOUNTS.—Each State program selected to 

8 receive a grant under subsection (e) shall be eligible to re9 ceive a grant in an amount equal to— 

10 (1) not less than $150,000 per fiscal year; and 

11 (2) not more than $300,000 per fiscal year. 

12 (h) EVALUATION AND REPORT.—The Comptroller Gen13 eral of the United States shall— 

14 (1) not later than 30 months after the date of 

15 disbursement of the first grant under the pilot pro16 gram established under this section, initiate an eval17 uation of the pilot program; and 

18 (2) not later than 6 months after the date of the 

19 initiation of the evaluation under paragraph (1), 

20 transmit to the Administrator, the Chief Counsel for 

21 Advocacy, the Committee on Small Business and En22 trepreneurship of the Senate, and the Committee on 

23 Small Business of the House of Representatives, a re24 port containing— 

25 (A) the results of the evaluation; and 


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1 (B) any recommendations as to whether the 

2 pilot program, with or without modification, 

3 should be extended to include the participation of 

4 all small business development centers. 

5 (i) POSTING OF INFORMATION.—Not later than 90 

6 days after the date of enactment of this Act, the Adminis7 trator shall post on the website of the Administration and 

8 publish in the Federal Register a guidance document de9 scribing the requirements of an application for assistance 

10 under this section. 

11 (j) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) IN GENERAL.—There are authorized to be ap13 propriated to carry out this section— 

14 (A) $5,000,000 for the first fiscal year be15 ginning after the date of enactment of this Act; 

16 and 

17 (B) $5,000,000 for each of the 3 fiscal years 

18 following the fiscal year described in subpara19 graph (A). 

20 (2) LIMITATION ON USE OF OTHER FUNDS.—The 

21 Administrator may carry out the pilot program es22 tablished under this section only with amounts appro23 priated in advance specifically to carry out this sec24 tion. 


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1 (k) TERMINATION.—The Small Business Regulatory 

2 Assistance Pilot Program established under this section 

3 shall terminate 4 years after the date of disbursement of 

4 the first grant under the pilot program. 

5 SEC. 504. RULEMAKING. 

6 After providing notice and an opportunity for com7 ment, and after consulting with the association (but not 

8 later than 180 days after the date of enactment of this Act), 

9 the Administrator shall promulgate final regulations to 

10 carry out this title, including regulations that establish— 

11 (1) priorities for the types of assistance to be 

12 provided under the pilot program established under 

13 this title; 

14 (2) standards relating to educational, technical, 

15 and support services to be provided by participating 

16 small business development centers; 

17 (3) standards relating to any national service 

18 delivery and support function to be provided by the 

19 association under the pilot program; 

20 (4) standards relating to any work plan that the 

21 Administrator may require a participating small 

22 business development center to develop; and 

23 (5) standards relating to the educational, tech24 nical, and professional competency of any expert or 

25 other assistance provider to whom a small business 


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1 concern may be referred for compliance assistance 

2 under the pilot program. 

3 TITLE VI—OTHER PROVISIONS 

4 SEC. 601. MINORITY ENTREPRENEURSHIP AND INNOVA5 TION PILOT PROGRAM. 

6 (a) DEFINITIONS.—In this section— 

7 (1) the terms ‘‘Alaska Native-serving institution’’ 

8 and ‘‘Native Hawaiian-serving institution’’ have the 

9 meanings given those terms in section 317 of the 

10 Higher Education Act of 1965 (20 U.S.C. 1059d); 

11 (2) the term ‘‘Hispanic serving institution’’ has 

12 the meaning given the term in section 502 of the 

13 Higher Education Act of 1965 (20 U.S.C. 1101a); 

14 (3) the term ‘‘historically Black college and uni15 versity’’ has the meaning given the term ‘‘part B in16 stitution’’ in section 322 of the Higher Education Act 

17 of 1965 (20 U.S.C. 1061); 

18 (4) the term ‘‘small business development center’’ 

19 has the same meaning as in section 21 of the Small 

20 Business Act (15 U.S.C. 648); and 

21 (5) the term ‘‘Tribal College’’ has the meaning 

22 given the term ‘‘tribally controlled college or univer23 sity’’ in section 2 of the Tribally Controlled College 

24 or University Assistance Act of 1978 (25 U.S.C. 

25 1801). 


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1 (b) MINORITY ENTREPRENEURSHIP AND INNOVATION

2 GRANTS.— 

3 (1) IN GENERAL.—The Administrator shall make 

4 grants to historically Black colleges and universities, 

5 Tribal Colleges, Hispanic serving institutions, Alaska 

6 Native-serving institutions, and Native Hawaiian7 serving institutions, or to any entity formed by a 

8 combination of such institutions— 

9 (A) to assist in establishing an entrepre10 neurship curriculum for undergraduate or grad11 uate studies; and 

12 (B) for placement of small business develop13 ment centers on the physical campus of the insti14 tution. 

15 (2) CURRICULUM REQUIREMENT.—An institu16 tion of higher education receiving a grant under this 

17 subsection shall develop a curriculum that includes 

18 training in various skill sets needed by successful en19 trepreneurs, including— 

20 (A) business management and marketing, 

21 financial management and accounting, market 

22 analysis and competitive analysis, innovation 

23 and strategic planning; and 

24 (B) additional entrepreneurial skill sets spe25 cific to the needs of the student population and 


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1 the surrounding community, as determined by 

2 the institution. 

3 (3) SMALL BUSINESS DEVELOPMENTCENTER RE4 QUIREMENT.—Each institution receiving a grant 

5 under this subsection shall open a small business de6 velopment center that— 

7 (A) performs studies, research, and coun8 seling concerning the management, financing, 

9 and operation of small business concerns; 

10 (B) performs management training and 

11 technical assistance regarding the participation 

12 of small business concerns in international mar13 kets, export promotion and technology transfer, 

14 and the delivery or distribution of such services 

15 and information; 

16 (C) offers referral services for entrepreneurs 

17 and small business concerns to business develop18 ment, financing, and legal experts; and 

19 (D) promotes market-specific innovation, 

20 niche marketing, capacity building, inter21 national trade, and strategic planning as keys to 

22 long-term growth for its small business concern 

23 and entrepreneur clients. 

24 (4) GRANT LIMITATIONS.—A grant under this 

25 subsection— 


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1 (A) may not exceed $500,000 for any fiscal 

2 year for any 1 institution of higher education; 

3 (B) may not be used for any purpose other 

4 than those associated with the direct costs in5 curred to develop and implement a curriculum 

6 that fosters entrepreneurship and the costs in7 curred to organize and run a small business de8 velopment center on the grounds of the institu9 tion; and 

10 (C) may not be used for building expenses, 

11 administrative travel budgets, or other expenses 

12 not directly related to the implementation of the 

13 curriculum or activities authorized by this sec14 tion. 

15 (5) EXCEPTION FROM SMALL BUSINESS ACT RE16 QUIREMENT.—Subparagraphs (A) and (B) of section 

17 21(a)(4) of the Small Business Act (15 U.S.C. 

18 648(a)(4)) do not apply to assistance made available 

19 under this subsection. 

20 (6) REPORT.—Not later than November 1 of each 

21 year, the Associate Administrator of Entrepreneurial 

22 Development of the Administration shall submit to 

23 the Committee on Small Business and Entrepreneur24 ship of the Senate and the Committee on Small Busi25 ness of the House of Representatives, a report evaluVerDate Aug 31 2005 02:24 Sep 28, 2007 Jkt 059200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6203 E:\BILLS\S1671.RS S1671

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1 ating the award and use of grants under this sub2 section during the preceding fiscal year, which shall 

3 include— 

4 (A) a description of each entrepreneurship 

5 program developed with grant funds, the date of 

6 the award of such grant, and the number of par7 ticipants in each such program; 

8 (B) the number of small business concerns 

9 assisted by each small business development cen10 ter established with a grant under this sub11 section; and 

12 (C) data regarding the economic impact of 

13 the small business development center counseling 

14 provided under a grant under this subsection. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $10,000,000, to remain available until expended, for each 

18 of fiscal years 2008 and 2010. 

19 (d) LIMITATION ON USE OF OTHER FUNDS.—The Ad20 ministrator shall carry out this section only with amounts 

21 appropriated in advance specifically to carry out this sec22 tion. 

23 SEC. 602. INSTITUTIONS OF HIGHER EDUCATION. 

24 (a) IN GENERAL.—Section 21(a)(1) of the Small Busi25 ness Act (15 U.S.C. 648(a)(1)) is amended by striking ‘‘: 


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

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

3 31, 2007, the Administration may only make a grant under 

4 this paragraph to an applicant that is an institution of 

5 higher education, as defined in section 101(a) of the Higher 

6 Education Act of 1965 (20 U.S.C. 1001(a)) that is accred7 ited (and not merely in preaccreditation status) by a na8 tionally recognized accrediting agency or association, recog9 nized by the Secretary of Education for such purpose in 

10 accordance with section 496 of that Act (20 U.S.C. 1099b), 

11 or to a women’s business center operating pursuant to sec12 tion 29 as a small business development center, unless the 

13 applicant was receiving a grant (including a contract or 

14 cooperative agreement) on December 31, 2007.’’. 

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall take effect on December 31, 2007. 

17 SEC. 603. HEALTH INSURANCE OPTIONS INFORMATION FOR 

18 SMALL BUSINESS CONCERNS. 

19 (a) DEFINITIONS.—In this section, the following defi20 nitions shall apply: 

21 (1) ASSOCIATION.—The term ‘‘association’’ 

22 means an association established under section 

23 21(a)(3)(A) of the Small Business Act (15 U.S.C. 

24 648(a)(3)(A)) representing a majority of small busi25 ness development centers. 


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1 (2) PARTICIPATING SMALL BUSINESS DEVELOP2 MENTCENTER.—The term ‘‘participating small busi3 ness development center’’ means a small business de4 velopment center described in section 21 of the Small 

5 Business Act (15 U.S.C. 648) that— 

6 (A) is accredited under section 21(k)(2) of 

7 the Small Business Act (15 U.S.C. 648(k)(2)); 

8 and 

9 (B) receives a grant under the pilot pro10 gram. 

11 (3) PILOTPROGRAM.—The term ‘‘pilot program’’ 

12 means the small business health insurance informa13 tion pilot program established under this section. 

14 (4) STATE.—The term ‘‘State’’ means each of the 

15 several States of the United States, the District of Co16 lumbia, the Commonwealth of Puerto Rico, the Virgin 

17 Islands, American Samoa, and Guam. 

18 (b) SMALL BUSINESS HEALTH INSURANCE INFORMA19 TION PILOT PROGRAM.—The Administrator shall establish 

20 a pilot program to make grants to small business develop21 ment centers to provide neutral and objective information 

22 and educational materials regarding health insurance op23 tions, including coverage options within the small group 

24 market, to small business concerns. 

25 (c) APPLICATIONS.— 


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1 (1) POSTING OF INFORMATION.—Not later than 

2 90 days after the date of enactment of this Act, the 

3 Administrator shall post on the website of the Admin4 istration and publish in the Federal Register a guid5 ance document describing— 

6 (A) the requirements of an application for 

7 a grant under the pilot program; and 

8 (B) the types of informational and edu9 cational materials regarding health insurance 

10 options to be created under the pilot program, 

11 including by referencing materials and resources 

12 developed by the National Association of Insur13 ance Commissioners, the Kaiser Family Founda14 tion, and the Healthcare Leadership Council. 

15 (2) SUBMISSION.—A small business development 

16 center desiring a grant under the pilot program shall 

17 submit an application at such time, in such manner, 

18 and accompanied by such information as the Admin19 istrator may reasonably require. 

20 (d) SELECTION OF PARTICIPATING SMALL BUSINESS

21 DEVELOPMENT CENTERS.— 

22 (1) IN GENERAL.—The Administrator shall select 

23 not more than 20 small business development centers 

24 to receive a grant under the pilot program. 


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1 (2) SELECTION OF PROGRAMS.—In selecting 

2 small business development centers under paragraph 

3 (1), the Administrator may not select— 

4 (A) more than 2 programs from each of the 

5 groups of States described in paragraph (3); and 

6 (B) more than 1 program in any State. 

7 (3) GROUPINGS.—The groups of States described 

8 in this paragraph are the following: 

9 (A) GROUP 1.—Group 1 shall consist of 

10 Maine, Massachusetts, New Hampshire, Con11 necticut, Vermont, and Rhode Island. 

12 (B) GROUP 2.—Group 2 shall consist of 

13 New York, New Jersey, Puerto Rico, and the Vir14 gin Islands. 

15 (C) GROUP 3.—Group 3 shall consist of 

16 Pennsylvania, Maryland, West Virginia, Vir17 ginia, the District of Columbia, and Delaware. 

18 (D) GROUP 4.—Group 4 shall consist of 

19 Georgia, Alabama, North Carolina, South Caro20 lina, Mississippi, Florida, Kentucky, and Ten21 nessee. 

22 (E) GROUP 5.—Group 5 shall consist of Illi23 nois, Ohio, Michigan, Indiana, Wisconsin, and 

24 Minnesota. 


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1 (F) GROUP 6.—Group 6 shall consist of 

2 Texas, New Mexico, Arkansas, Oklahoma, and 

3 Louisiana. 

4 (G) GROUP 7.—Group 7 shall consist of 

5 Missouri, Iowa, Nebraska, and Kansas. 

6 (H) GROUP 8.—Group 8 shall consist of 

7 Colorado, Wyoming, North Dakota, South Da8 kota, Montana, and Utah. 

9 (I) GROUP 9.—Group 9 shall consist of 

10 California, Guam, American Samoa, Hawaii, 

11 Nevada, and Arizona. 

12 (J) GROUP 10.—Group 10 shall consist of 

13 Washington, Alaska, Idaho, and Oregon. 

14 (4) DEADLINE FOR SELECTION.—The Adminis15 trator shall make selections under this subsection not 

16 later than 6 months after the later of the date on 

17 which the information described in subsection (c)(1) 

18 is posted on the website of the Administration and the 

19 date on which the information described in subsection 

20 (c)(1) is published in the Federal Register. 

21 (e) USE OF FUNDS.— 

22 (1) IN GENERAL.—A participating small busi23 ness development center shall use funds provided 

24 under the pilot program to— 


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1 (A) create and distribute informational ma2 terials; and 

3 (B) conduct training and educational ac4 tivities. 

5 (2) CONTENT OF MATERIALS.— 

6 (A) IN GENERAL.—In creating materials 

7 under the pilot program, a participating small 

8 business development center shall evaluate and 

9 incorporate relevant portions of existing infor10 mational materials regarding health insurance 

11 options, including materials and resources devel12 oped by the National Association of Insurance 

13 Commissioners, the Kaiser Family Foundation, 

14 and the Healthcare Leadership Council. 

15 (B) HEALTH INSURANCE OPTIONS.—In in16 corporating information regarding health insur17 ance options under subparagraph (A), a partici18 pating small business development center shall 

19 provide neutral and objective information re20 garding health insurance options in the geo21 graphic area served by the participating small 

22 business development center, including tradi23 tional employer sponsored health insurance for 

24 the group insurance market, such as the health 

25 insurance options defined in section 2791 of the 


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

2 or section 125 of the Internal Revenue Code of 

3 1986, and Federal and State health insurance 

4 programs. 

5 (f) GRANT AMOUNTS.—Each participating small busi6 ness development center program shall receive a grant in 

7 an amount equal to— 

8 (1) not less than $150,000 per fiscal year; and 

9 (2) not more than $300,000 per fiscal year. 

10 (g) MATCHING REQUIREMENT.—Subparagraphs (A) 

11 and (B) of section 21(a)(4) of the Small Business Act (15 

12 U.S.C. 648(a)(4)) shall apply to assistance made available 

13 under the pilot program. 

14 (h) REPORTS.—Each participating small business de15 velopment center shall transmit to the Committee on Small 

16 Business and Entrepreneurship of the Senate and the Com17 mittee on Small Business of the House of Representatives, 

18 a quarterly report that includes— 

19 (1) a summary of the information and edu20 cational materials regarding health insurance options 

21 provided by the participating small business develop22 ment center under the pilot program; and 

23 (2) the number of small business concerns as24 sisted under the pilot program. 

25 (i) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—There are authorized to be ap2 propriated to carry out this section— 

3 (A) $5,000,000 for the first fiscal year be4 ginning after the date of enactment of this Act; 

5 and 

6 (B) $5,000,000 for each of the 3 fiscal years 

7 following the fiscal year described in subpara8 graph (A). 

9 (2) LIMITATION ON USE OF OTHER FUNDS.—The 

10 Administrator may carry out the pilot program only 

11 with amounts appropriated in advance specifically to 

12 carry out this section. 

13 SEC. 604. NATIONAL SMALL BUSINESS DEVELOPMENT CEN14 TER ADVISORY BOARD. 

15 Section 21(i)(1) of the Small Business Act (15 U.S.C. 

16 648(i)(1)) is amended by striking ‘‘nine members’’ and in17 serting ‘‘10 members’’. 

18 SEC. 605. OFFICE OF NATIVE AMERICAN AFFAIRS PILOT 

19 PROGRAM. 

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

21 tribe’’ means any band, nation, or organized group or com22 munity of Indians located in the contiguous United States, 

23 and the Metlakatla Indian Community, whose members are 

24 recognized as eligible for the services provided to Indians 


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1 by the Secretary of the Interior because of their status as 

2 Indians. 

3 (b) AUTHORIZATION.—The Office of Native American 

4 Affairs of the Administration may conduct a pilot pro5 gram— 

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

7 for Indian tribes that will allow such tribes to evalu8 ate and implement best practices for economic devel9 opment; and 

10 (2) to provide assistance to Indian tribes, 

11 through the Inter-Agency Working Group, in identi12 fying and implementing economic development oppor13 tunities available from the Federal Government and 

14 private enterprise, including— 

15 (A) the Administration; 

16 (B) the Department of Energy; 

17 (C) the Environmental Protection Agency; 

18 (D) the Department of Commerce; 

19 (E) the Federal Communications Commis20 sion; 

21 (F) the Department of Justice; 

22 (G) the Department of Labor; 

23 (H) the Office of National Drug Control 

24 Policy; and 

25 (I) the Department of Agriculture. 


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

2 conduct a pilot program under this section shall terminate 

3 on September 30, 2009. 

4 (d) REPORT.—Not later than September 30, 2009, the 

5 Office of Native American Affairs shall submit a report to 

6 the Committee on Small Business and Entrepreneurship of 

7 the Senate and the Committee on Small Business of the 

8 House of Representatives regarding the effectiveness of the 

9 self-assessment tool developed under subsection (b)(1). 

10 SEC. 606. PRIVACY REQUIREMENTS FOR SCORE CHAPTERS. 

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

12 is amended by inserting after subsection (b) the following 

13 ‘‘(c) PRIVACY REQUIREMENTS.— 

14 ‘‘(1) IN GENERAL.—A chapter of the Service 

15 Corps of Retired Executives program authorized by 

16 subsection (b)(1) or an agent of such a chapter may 

17 not disclose the name, address, or telephone number of 

18 any individual or small business concern receiving 

19 assistance from that chapter or agent without the con20 sent of such individual or small business concern, un21 less— 

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

23 such a disclosure by a court in any civil or 

24 criminal enforcement action initiated by a Fed25 eral or State agency; or 


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1 ‘‘(B) the Administrator considers such a 

2 disclosure to be necessary for the purpose of con3 ducting a financial audit of a chapter of the 

4 Service Corps of Retired Executives program au5 thorized by subsection (b)(1), but a disclosure 

6 under this subparagraph shall be limited to the 

7 information necessary for such audit. 

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

9 This subsection shall not— 

10 ‘‘(A) restrict Administrator access to pro11 gram activity data; or 

12 ‘‘(B) prevent the Administrator from using 

13 client information to conduct client surveys. 

14 ‘‘(3) REGULATIONS.— 

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

16 shall issue regulations to establish standards— 

17 ‘‘(i) for disclosures with respect to fi18 nancial audits under paragraph (1)(B); 

19 and 

20 ‘‘(ii) for client surveys under para21 graph (2)(B), including standards for over22 sight of such surveys and for dissemination 

23 and use of client information. 

24 ‘‘(B) MAXIMUM PRIVACY PROTECTION.— 

25 Regulations under this paragraph shall, to the 


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1 extent practicable, provide for the maximum 

2 amount of privacy protection. 

3 ‘‘(C) INSPECTOR GENERAL.—Until the effec4 tive date of regulations under this paragraph, 

5 any client survey and the use of such informa6 tion shall be approved by the Inspector General 

7 who shall include such approval in the semi-an8 nual report of the Inspector General.’’. 

9 SEC. 607. NATIONAL SMALL BUSINESS SUMMIT. 

10 (a) IN GENERAL.—Not later than December 31, 2009, 

11 the President shall convene a National Small Business 

12 Summit to examine the present conditions and future of 

13 the community of small business concerns in the United 

14 States. The summit shall include owners of small business 

15 concerns, representatives of small business groups, labor, 

16 academia, State and Federal government, Federal research 

17 and development agencies, and nonprofit policy groups con18 cerned with the issues of small business concerns. 

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

20 of the conclusion of the summit convened under subsection 

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

22 summit. The report shall identify key challenges and rec23 ommendations for promoting entrepreneurship and the 

24 growth of small business concerns. 


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Calendar No. 386 

110TH CONGRESS 

1ST SESSION S. 1671 

[Report No. 110

–185] 

A BILL 

To reauthorize and improve the entrepreneurial deministration, and for other purposes. velopment programs of the Small Business AdSEPTEMBER 26, 2007 

Reported with an amendment 


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