II 

111TH CONGRESS 

2D SESSION S. 3165 

To authorize the Administrator of the Small Business Administration to 

waive the non-Federal share requirement under certain programs. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2010 

Ms. LANDRIEU (for herself, Ms. SNOWE, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Small 

Business and Entrepreneurship 

A BILL 

To authorize the Administrator of the Small Business Administration to waive the non-Federal share requirement 

under certain programs. 

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 ‘‘Small Business Com5 munity Partner Relief Act of 2010’’. 

6 SEC. 2. MATCHING REQUIREMENTS UNDER SMALL BUSI7 NESS PROGRAMS. 

8 (a) MICROLOAN PROGRAM.—Section 7(m) of the 

9 Small Business Act (15 U.S.C. 636(m)) is amended— 


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 3165 IS

1 (1) in paragraph (3)(B)— 

2 (A) by striking ‘‘As a condition’’ and in3 serting the following: 

4 ‘‘(i) IN GENERAL.—Subject to clause 

5 (ii), as a condition’’; 

6 (B) by striking ‘‘the Administration’’ and 

7 inserting ‘‘the Administrator’’; and 

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

9 ‘‘(ii) WAIVER OF NON-FEDERAL

10 SHARE.— 

11 ‘‘(I) IN GENERAL.—Upon request 

12 by an intermediary, and in accordance 

13 with this clause, the Administrator 

14 may waive, in whole or in part, the re15 quirement to obtain non-Federal 

16 funds under clause (i) for a fiscal 

17 year. The Administrator may not 

18 waive the requirement for an inter19 mediary to obtain non-Federal funds 

20 under this clause for more than a 

21 total of 2 fiscal years. 

22 ‘‘(II) CONSIDERATIONS.—In de23 termining whether to waive the re24 quirement to obtain non-Federal 


jbell on DSKDVH8Z91PROD with BILLS
3 

•S 3165 IS

1 funds under this clause, the Adminis2 trator shall consider— 

3 ‘‘(aa) the economic condi4 tions affecting the intermediary; 

5 ‘‘(bb) the impact a waiver 

6 under this clause would have on 

7 the credibility of the microloan 

8 program under this subsection; 

9 ‘‘(cc) the demonstrated abil10 ity of the intermediary to raise 

11 non-Federal funds; and 

12 ‘‘(dd) the performance of 

13 the intermediary. 

14 ‘‘(III) LIMITATION.—The Admin15 istrator may not waive the require16 ment to obtain non-Federal funds 

17 under this clause if granting the waiv18 er would undermine the credibility of 

19 the microloan program under this 

20 subsection.’’; and 

21 (2) in paragraph (4)(B)— 

22 (A) by striking ‘‘As a condition’’ and all 

23 that follows through ‘‘the Administration shall 

24 require’’ and inserting the following: 


jbell on DSKDVH8Z91PROD with BILLS
4 

•S 3165 IS

1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (ii), as a condition of a grant made under 

3 subparagraph (A), the Administrator shall 

4 require’’; and 

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

6 ‘‘(ii) WAIVER OF NON-FEDERAL

7 SHARE.— 

8 ‘‘(I) IN GENERAL.—Upon request 

9 by an intermediary, and in accordance 

10 with this clause, the Administrator 

11 may waive, in whole or in part, the re12 quirement to obtain non-Federal 

13 funds under clause (i) for a fiscal 

14 year. The Administrator may not 

15 waive the requirement for an inter16 mediary to obtain non-Federal funds 

17 under this clause for more than a 

18 total of 2 fiscal years. 

19 ‘‘(II) CONSIDERATIONS.—In de20 termining whether to waive the re21 quirement to obtain non-Federal 

22 funds under this clause, the Adminis23 trator shall consider— 

24 ‘‘(aa) the economic condi25 tions affecting the intermediary; 


jbell on DSKDVH8Z91PROD with BILLS
5 

•S 3165 IS

1 ‘‘(bb) the impact a waiver 

2 under this clause would have on 

3 the credibility of the microloan 

4 program under this subsection; 

5 ‘‘(cc) the demonstrated abil6 ity of the intermediary to raise 

7 non-Federal funds; and 

8 ‘‘(dd) the performance of 

9 the intermediary. 

10 ‘‘(III) LIMITATION.—The Admin11 istrator may not waive the require12 ment to obtain non-Federal funds 

13 under this clause if granting the waiv14 er would undermine the credibility of 

15 the microloan program under this 

16 subsection.’’. 

17 (b) WOMEN’S BUSINESS CENTER PROGRAM.—Sec18 tion 29(c) of the Small Business Act (15 U.S.C. 656(c)) 

19 is amended— 

20 (1) in paragraph (1), by striking ‘‘As a condi21 tion’’ and inserting ‘‘Subject to paragraph (5), as a 

22 condition’’; and 

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


jbell on DSKDVH8Z91PROD with BILLS
6 

•S 3165 IS

1 ‘‘(5) WAIVER OF NON-FEDERAL SHARE RELAT2 ING TO TECHNICAL ASSISTANCE AND COUN3 SELING.— 

4 ‘‘(A) IN GENERAL.—Upon request by a re5 cipient organization, and in accordance with 

6 this paragraph, the Administrator may waive, 

7 in whole or in part, the requirement to obtain 

8 non-Federal funds under this subsection for the 

9 technical assistance and counseling activities of 

10 the recipient organization carried out using fi11 nancial assistance under this section for a fiscal 

12 year. The Administrator may not waive the re13 quirement for a recipient organization to obtain 

14 non-Federal funds under this paragraph for 

15 more than a total of 2 fiscal years. 

16 ‘‘(B) CONSIDERATIONS.—In determining 

17 whether to waive the requirement to obtain 

18 non-Federal funds under this paragraph, the 

19 Administrator shall consider— 

20 ‘‘(i) the economic conditions affecting 

21 the recipient organization; 

22 ‘‘(ii) the impact a waiver under this 

23 clause would have on the credibility of the 

24 women’s business center program under 

25 this section; 


jbell on DSKDVH8Z91PROD with BILLS
7 

•S 3165 IS

1 ‘‘(iii) the demonstrated ability of the 

2 recipient organization to raise non-Federal 

3 funds; and 

4 ‘‘(iv) the performance of the recipient 

5 organization. 

6 ‘‘(C) LIMITATION.—The Administrator 

7 may not waive the requirement to obtain non8 Federal funds under this paragraph if granting 

9 the waiver would undermine the credibility of 

10 the women’s business center program under 

11 this section.’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS