II 

Calendar No. 109 

114TH CONGRESS 

1ST SESSION S. 999 

To amend the Small Business Act to provide for improvements to small 

business development centers. 

IN THE SENATE OF THE UNITED STATES 

APRIL 16, 2015 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on Small Business and Entrepreneurship 

JUNE 10, 2015 

Reported by Mr. VITTER, with an amendment 

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

A BILL 

To amend the Small Business Act to provide for 

improvements to small business development centers. 

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 Devel5 opment Centers Improvement Act of 2015’’. 


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1 SEC. 2. USE OF AUTHORIZED ENTREPRENEURIAL DEVEL2 OPMENT PROGRAMS. 

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

4 amended by adding at the end the following: 

5 ‘‘SEC. 48. USE OF AUTHORIZED ENTREPRENEURIAL DEVEL6 OPMENT PROGRAMS. 

7 ‘‘(a) EXPANDED SUPPORT FOR ENTREPRENEURS.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of law, the Administrator shall only use 

10 the programs authorized in sections 7(j), 7(m), 8(a), 

11 8(b)(1), 21, 22, 29, and 32 of this Act, and sections 

12 358 and 389 of the Small Business Investment Act 

13 to deliver entrepreneurial development services, en14 trepreneurial education, support for the development 

15 and maintenance of clusters, or business training. 

16 ‘‘(2) EXCEPTION.—This section shall not apply 

17 to— 

18 ‘‘(A) services provided to assist small busi19 ness concerns owned by an Indian tribe (as 

20 such term is defined in section 8(a)(13)); 

21 ‘‘(B) activities and programs in support of 

22 a member of the Armed Forces, including Na23 tional Guard and Reserve components, a vet24 eran, or a spouse of a member of the Armed 

25 Forces or a veteran; 


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1 ‘‘(C) the Microenterprise Technical Assist2 ance and Capacity Building Program estab3 lished under subtitle C of title I of the Riegle 

4 Community Development and Regulatory Im5 provement Act of 1994 (15 U.S.C. 6901 et 

6 seq.); 

7 ‘‘(D) the State Trade and Export Pro8 motion Grant Program established under sec9 tion 1207 of the Small Business Export En10 hancement and International Trade Act of 

11 2010 (15 U.S.C. 649b note); and 

12 ‘‘(E) the Federal and State Technology 

13 Partnership Program established under section 

14 34 of the Small Business Act (15 U.S.C. 657d). 

15 ‘‘(b) ANNUAL REPORT.—Beginning on the first De16 cember 1 after the date of enactment of this subsection, 

17 the Administrator shall annually report to the Committee 

18 on Small Business of the House of Representatives and 

19 the Committee on Small Business and Entrepreneurship 

20 of the Senate on all entrepreneurial development activities 

21 undertaken in the current fiscal year. This report shall 

22 include— 

23 ‘‘(1) a description and operating details for 

24 each program and activity; 


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1 ‘‘(2) operating circulars, manuals, and standard 

2 operating procedures for each program and activity; 

3 ‘‘(3) a description of the process used to award 

4 grants under each program and activity; 

5 ‘‘(4) a list of all awardees, contractors, and ven6 dors (including organization name and location) and 

7 the amount of awards for the current fiscal year for 

8 each program and activity; 

9 ‘‘(5) the amount of funding obligated for the 

10 current fiscal year for each program and activity; 

11 and 

12 ‘‘(6) the names and titles for those individuals 

13 responsible for each program and activity.’’. 

14 SEC. 3. MARKETING OF SERVICES. 

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

16 is amended by adding at the end the following: 

17 ‘‘(o) NO PROHIBITION OF MARKETING OF SERV18 ICES.—The Administrator shall not prohibit applicants re19 ceiving grants under this section from marketing and ad20 vertising their services to individuals and small busi21 nesses.’’. 

22 SEC. 4. DATA COLLECTION. 

23 Section 21(a)(3)(A) of the Small Business Act (15 

24 U.S.C. 648(a)(3)(A)) is amended— 


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1 (1) by striking ‘‘as provided in this section 

2 and’’ and inserting ‘‘as provided in this section,’’; 

3 and 

4 (2) by inserting before the period at the end the 

5 following: ‘‘, and (iv) governing data collection ac6 tivities related to applicants receiving grants under 

7 this section’’. 

8 SEC. 5. FEES FROM PRIVATE PARTNERSHIPS AND CO9 SPONSORSHIPS. 

10 Section 21(a)(3)(C) of the Small Business Act (15 

11 U.S.C. 648(a)(3)(C)) is amended to read as follows: 

12 ‘‘(C) Participation in private partnerships and 

13 cosponsorships with the Administration shall not 

14 limit small business development centers from col15 lecting fees or other income related to the operation 

16 of such private partnerships and cosponsorships.’’. 

17 SEC. 6. EQUITY FOR SMALL BUSINESS DEVELOPMENT CEN18 TERS. 

19 Section 21(a)(4)(C)(v)(I) of the Small Business Act 

20 (15 U.S.C. 648(a)(4)(C)(v)) is amended— 

21 (1) in item (aa), by striking ‘‘; and’’ and insert22 ing a period; and 

23 (2) by striking item (bb). 


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1 SEC. 7. ASSISTANCE TO OUT-OF-STATE SMALL BUSINESSES. 

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

3 U.S.C. 648(b)(3)) is amended— 

4 (1) by striking ‘‘(3) At the discretion’’ and in5 serting the following: 

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

7 BUSINESSES.— 

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

9 and 

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

11 ‘‘(B) DISASTER RECOVERY ASSISTANCE.— 

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

13 of the Administrator, the Administrator 

14 may authorize a small business develop15 ment center to provide advice, information, 

16 and assistance, as described in subsection 

17 (c), to a small business concern located 

18 outside of the State, without regard to geo19 graphic proximity to the small business de20 velopment center, if the small business 

21 concern is located in an area for which the 

22 President has declared a major disaster 

23 under section 401 of the Robert T. Staf24 ford Disaster Relief and Emergency Assist25 ance Act (42 U.S.C. 5170). 

26 ‘‘(ii) TERM.— 


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1 ‘‘(I) IN GENERAL.—A small busi2 ness development center may provide 

3 advice, information, and assistance to 

4 a small business concern under clause 

5 (i) for a period of not more than 2 

6 years after the date on which the 

7 President declared a major disaster 

8 under section 401 of the Robert T. 

9 Stafford Disaster Relief and Emer10 gency Assistance Act (42 U.S.C. 

11 5170) for the area in which the small 

12 business concern is located. 

13 ‘‘(II) EXTENSION.—The Admin14 istrator may, at the discretion of the 

15 Administrator, extend the period de16 scribed in subclause (I). 

17 ‘‘(III) CONTINUITY OF SERV18 ICES.—A small business development 

19 center that provides counselors to an 

20 area described in clause (i) shall, to 

21 the maximum extent practicable, en22 sure continuity of services in any 

23 State in which the small business de24 velopment center otherwise provides 

25 services. 


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1 ‘‘(IV) ACCESS TO DISASTER RE2 COVERY FACILITIES.—For purposes of 

3 this subparagraph, the Administrator 

4 shall, to the maximum extent prac5 ticable, permit the personnel of a 

6 small business development center to 

7 use any site or facility designated by 

8 the Administrator for use to provide 

9 disaster recovery assistance.’’. 

10 SEC. 8. CONFIDENTIALITY REQUIREMENTS. 

11 Section 21(a)(7)(A) of the Small Business Act (15 

12 U.S.C. 648(a)(7)(A)) is amended by inserting after 

13 ‘‘under this section’’ the following: ‘‘to any State, local or 

14 Federal agency, or third party’’. 

15 SEC. 9. LIMITATION ON AWARD OF GRANTS TO SMALL 

16 BUSINESS DEVELOPMENT CENTERS. 

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

18 648), as amended by section 3 of this Act, is further 

19 amended by adding at the end the following: 

20 ‘‘(p) LIMITATION ON AWARD OF GRANTS.— 

21 ‘‘(1) IN GENERAL.—Except for not-for-profit 

22 institutions of higher education, and notwithstanding 

23 any provision of law, the Administrator may not 

24 award grants (including contracts and cooperative 

25 agreements) under this section to any entity other 


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1 than those that received grants (including contracts 

2 and cooperative agreements) under this section prior 

3 to September 30, 2015, and that seek to renew such 

4 grants (including contracts and cooperative agree5 ments) after such date. 

6 ‘‘(2) RULE OF CONSTRUCTION.—This sub7 section shall not be construed to prohibit a grant re8 cipient under this section from entering into a grant, 

9 contract, or cooperative agreement with any other 

10 entity.’’. 

11 SECTION 1. SHORT TITLE. 

12 This Act may be cited as the ‘‘Small Business Develop13 ment Centers Improvement Act of 2015’’. 

14 SEC. 2. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOP15 MENT PROGRAMS. 

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

17 amended— 

18 (1) by redesignating section 47 as section 48; 

19 and 

20 (2) by inserting after section 46 the following: 

21 ‘‘SEC. 47. USE OF AUTHORIZED ENTREPRENEURIAL DEVEL22 OPMENT PROGRAMS. 

23 ‘‘(a) IN GENERAL.—Notwithstanding any other provi24 sion of law, the Administrator shall only use the programs 

25 authorized in sections 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, 


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1 and 32 of this Act, and sections 358 and 389 of the Small 

2 Business Investment Act (15 U.S.C. 689g and 690h) to de3 liver entrepreneurial development services, entrepreneurial 

4 education, support for the development and maintenance of 

5 clusters, or business training. 

6 ‘‘(b) EXCEPTION.—This section shall not apply to— 

7 ‘‘(1) services provided to assist small business 

8 concerns owned by an Indian tribe (as such term is 

9 defined in section 8(a)(13)); 

10 ‘‘(2) activities and programs in support of a 

11 member of the Armed Forces, including a member of 

12 a reserve component of the Armed Forces named in 

13 section 10101 of title 10, United States Code, a vet14 eran, or a spouse of a member of the Armed Forces 

15 or a veteran; 

16 ‘‘(3) the Microenterprise Technical Assistance 

17 and Capacity Building Program established under 

18 subtitle C of title I of the Riegle Community Develop19 ment and Regulatory Improvement Act of 1994 (15 

20 U.S.C. 6901 et seq.); 

21 ‘‘(4) the State Trade and Export Promotion 

22 Grant Program established under section 1207 of the 

23 Small Business Export Enhancement and Inter24 national Trade Act of 2010 (15 U.S.C. 649b note); 

25 and 


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1 ‘‘(5) the Federal and State Technology Partner2 ship Program established under section 34.’’. 

3 SEC. 3. MARKETING OF SERVICES. 

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

5 is amended by adding at the end the following: 

6 ‘‘(o) NO PROHIBITION OF MARKETING OF SERVICES.— 

7 The Administrator shall not prohibit applicants receiving 

8 grants under this section from marketing and advertising 

9 their services to individuals and small businesses.’’. 

10 SEC. 4. DATA COLLECTION. 

11 Section 21(a)(3)(A) of the Small Business Act (15 

12 U.S.C. 648(a)(3)(A)) is amended— 

13 (1) by striking ‘‘as provided in this section and’’ 

14 and inserting ‘‘as provided in this section,’’; and 

15 (2) by inserting before the period at the end the 

16 following: ‘‘, and (iv) governing data collection activi17 ties related to applicants receiving grants under this 

18 section’’. 

19 SEC. 5. FEES FROM PRIVATE PARTNERSHIPS AND CO20 SPONSORSHIPS. 

21 Section 21(a)(3)(C) of the Small Business Act (15 

22 U.S.C. 648(a)(3)(C)) is amended to read as follows: 

23 ‘‘(C) Participation in private partnerships and 

24 cosponsorships with the Administration shall not 

25 limit small business development centers from colVerDate Sep 11 2014 22:11 Jun 10, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S999.RS S999

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1 lecting fees or other income related to the operation 

2 of such private partnerships and cosponsorships.’’. 

3 SEC. 6. EQUITY FOR SMALL BUSINESS DEVELOPMENT CEN4 TERS. 

5 Section 21(a)(4)(C)(v)(I) of the Small Business Act 

6 (15 U.S.C. 648(a)(4)(C)(v)(I)) is amended— 

7 (1) by striking ‘‘this section’’ and all that follows 

8 through ‘‘pay expenses enumerated’’ and inserting 

9 ‘‘this section, not more than $500,000 may be used by 

10 the Administration to pay expenses enumerated’’; and 

11 (2) by striking ‘‘; and’’ and all that follows and 

12 inserting a period. 

13 SEC. 7. ASSISTANCE TO OUT-OF-STATE SMALL BUSINESSES. 

14 Section 21(b)(3) of the Small Business Act (15 U.S.C. 

15 648(b)(3)) is amended— 

16 (1) by striking ‘‘(3) At the discretion’’ and in17 serting the following: 

18 ‘‘(3) ASSISTANCE TO OUT-OF-STATE SMALL BUSI19 NESSES.— 

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

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

22 ‘‘(B) DISASTER RECOVERY ASSISTANCE.— 

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

24 the Administrator, the Administrator may 

25 authorize a small business development cenVerDate Sep 11 2014 22:11 Jun 10, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S999.RS S999

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1 ter to provide advice, information, and as2 sistance, as described in subsection (c), to a 

3 small business concern located outside of the 

4 State, without regard to geographic prox5 imity to the small business development 

6 center, if the small business concern is lo7 cated in an area for which the President 

8 has declared a major disaster under section 

9 401 of the Robert T. Stafford Disaster Relief 

10 and Emergency Assistance Act (42 U.S.C. 

11 5170). 

12 ‘‘(ii) TERM.— 

13 ‘‘(I) IN GENERAL.—A small busi14 ness development center may provide 

15 advice, information, and assistance to 

16 a small business concern under clause 

17 (i) for a period of not more than 2 

18 years after the date on which the Presi19 dent declared a major disaster under 

20 section 401 of the Robert T. Stafford 

21 Disaster Relief and Emergency Assist22 ance Act (42 U.S.C. 5170) for the area 

23 in which the small business concern is 

24 located. 


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1 ‘‘(II) EXTENSION.—The Adminis2 trator may, at the discretion of the Ad3 ministrator, extend the period de4 scribed in subclause (I). 

5 ‘‘(III) CONTINUITY OF SERV6 ICES.—A small business development 

7 center that provides counselors to an 

8 area described in clause (i) shall, to the 

9 maximum extent practicable, ensure 

10 continuity of services in any State in 

11 which the small business development 

12 center otherwise provides services. 

13 ‘‘(IV) ACCESS TO DISASTER RE14 COVERY FACILITIES.—For purposes of 

15 this subparagraph, the Administrator 

16 shall, to the maximum extent prac17 ticable, permit the personnel of a small 

18 business development center to use any 

19 site or facility designated by the Ad20 ministrator for use to provide disaster 

21 recovery assistance.’’. 

22 SEC. 8. CONFIDENTIALITY REQUIREMENTS. 

23 Section 21(a)(7)(A) of the Small Business Act (15 

24 U.S.C. 648(a)(7)(A)) is amended by inserting after ‘‘under 


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1 this section’’ the following: ‘‘to any State, local or Federal 

2 agency, or third party’’. 

3 SEC. 9. LIMITATION ON AWARD OF GRANTS TO SMALL BUSI4 NESS DEVELOPMENT CENTERS. 

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

6 as amended by section 3 of this Act, is further amended 

7 by adding at the end the following: 

8 ‘‘(p) LIMITATION ON AWARD OF GRANTS.— 

9 ‘‘(1) IN GENERAL.—Except for not-for-profit in10 stitutions of higher education, and notwithstanding 

11 any other provision of law, the Administrator may 

12 not award grants (including contracts and coopera13 tive agreements) under this section to any entity other 

14 than those that received grants (including contracts 

15 and cooperative agreements) under this section prior 

16 to September 30, 2015, and that seek to renew such 

17 grants (including contracts and cooperative agree18 ments) after such date. 

19 ‘‘(2) RULE OF CONSTRUCTION.—This subsection 

20 shall not be construed to prohibit a grant recipient 

21 under this section from entering into a grant, con22 tract, or cooperative agreement with any other enti23 ty.’’. 


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Calendar No. 109 

114TH CONGRESS 

1ST SESSION S. 999 

A BILL 

To amend the Small Business Act to provide for 

ters. improvements to small business development cenJUNE 10, 2015 

Reported with an amendment 


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