Small Business Administration Reauthorization and Modernization Act of 2022

To reauthorize programs of the Small Business Administration, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Small Business Administration Reauthorization and Modernization Act of 2022 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Women's Business Centers Improvement Act of 2022 Sec. 101. Short title. Sec. 102. Amendments to Women's Business Center Program. Sec. 103. Effect on existing grants. Sec. 104. Regulations. TITLE II—Small Business Development Centers Improvement Act of 2022 Sec. 201. Short title. Sec. 202. Annual report on entrepreneurial development programs. Sec. 203. Marketing of services. Sec. 204. Data collection working group. Sec. 205. Oversight; fees from private partnerships and cosponsorships; negotiation. Sec. 206. Equity for small business development centers. Sec. 207. Confidentiality requirements. Sec. 208. Limitation on award of grants to small business development centers. Sec. 209. Authorization of appropriations for formula grants received by States. Sec. 210. Requirements relating to matching funds. Sec. 211. Duties of the Associate Administrator for Small Business Development Centers. Sec. 212. Determination of budgetary effects. TITLE III—SCORE for Small Business Act of 2022 Sec. 301. Short title. Sec. 302. SCORE Program provisions and requirements. Sec. 303. Authorization of appropriations for the SCORE program. Sec. 304. Reporting requirements. Sec. 305. Technical and conforming amendments. TITLE IV—Federal Contracting Fairness Act of 2022 Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Definitions. Sec. 404. Duration of participation; ramp-up period; transition period. Sec. 405. Administrative requirements for 8(a) firms. Sec. 406. SBA representation on the Federal Acquisition Regulation Council. Sec. 407. Office of Small and Disadvantaged Business Utilization; Director. Sec. 408. Sole source thresholds. Sec. 409. Mentor-protege program. Sec. 410. Certification process. Sec. 411. Repeal of bonafide office rule. Sec. 412. Reports. Sec. 413. Authorization of appropriations. TITLE V—Community Advantage Loan Program Permanency Act of 2022 Sec. 501. Short title. Sec. 502. Findings. Sec. 503. Community Advantage Loan Program. TITLE VI—STEP Improvement Act of 2022 Sec. 601. Short title. Sec. 602. State Trade Expansion Program. TITLE VII—Veterans Programs Sec. 701. Veteran Federal procurement entrepreneurship training program. Sec. 702. Boots to Business Program. TITLE VIII—Surety Bond Program Sec. 801. Expanding surety bond program. TITLE IX—SBIC Emerging Managers Program Sec. 901. Broadening investment by the SBIC program. TITLE X—New Start Act of 2022 Sec. 1001. Short title. Sec. 1002. Findings. Sec. 1003. Pilot program. TITLE XI—UPLIFT Act of 2022 Sec. 1101. Short title. Sec. 1102. Findings. Sec. 1103. Purposes. Sec. 1104. Innovation Centers Program. 2. Definitions In this Act: (1) Administration; Administrator The terms Administration Administrator (2) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Small Business of the House of Representatives. (3) Small business concern The term small business concern 15 U.S.C. 632 I Women's Business Centers Improvement Act of 2022 101. Short title This title may be cited as the Women's Business Centers Improvement Act of 2022 102. Amendments to Women's Business Center Program Section 29 of the Small Business Act ( 15 U.S.C. 656 29. Women's Business Center Program (a) Definitions In this section: (1) Assistant Administrator The term Assistant Administrator (2) Eligible entity The term eligible entity (A) an organization described in section 501(c) (B) a State, regional, or local economic development organization, if the organization certifies that grant funds received under this section will not be commingled with other funds; (C) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (D) a development, credit, or finance corporation chartered by a State, if the corporation certifies that grant funds received under this section will not be commingled with other funds; or (E) any combination of entities listed in subparagraphs (A) through (D). (3) Program The term Program (4) Relevant organizations The term relevant organizations (A) organizations that advocate for or work with women entrepreneurs, women's business ownership, or women's business centers; and (B) other organizations as the Administrator determines appropriate. (5) Resource partners The term resource partners (6) Women's business center The term women's business center (7) Women's Business Center Organization The term Women's Business Center Organization (b) Authority (1) Establishment There is established a Women's Business Center Program under which the Administrator may enter into a cooperative agreement with an eligible entity to provide a grant to the eligible entity to operate 1 or more women's business centers for the benefit of small business concerns owned and controlled by women. (2) Use of funds A women's business center established using funds made available under this section shall be designed to provide entrepreneurial counseling and training that meets the needs of the small business concerns owned and controlled by women, especially concerns owned and controlled by women who are both socially and economically disadvantaged, as defined in section 8(a), and shall provide— (A) financial assistance, including counseling and training on how to— (i) apply for and secure business credit and investment capital; (ii) prepare and present financial statements; and (iii) manage cash flow and other financial operations of a small business concern; (B) management assistance, including counseling and training on how to plan, organize, staff, direct, and control each major activity and function of a small business concern; (C) marketing assistance, including counseling and training on how to— (i) identify and segment domestic and international market opportunities; (ii) prepare and execute marketing plans; (iii) develop pricing strategies; (iv) locate contract opportunities; (v) negotiate contracts; and (vi) use various public relations and advertising techniques; and (D) other services, as needed, in order to meet the changing and evolving needs of the small business community. (3) Types of grants (A) Initial grant The amount of an initial grant, which shall be for a 5-year term, provided under this section to an eligible entity shall be not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation). (B) Continuation grants (i) In general The Administrator may award a continuation grant, which shall be for a 5-year term, of not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation) to an eligible entity that received an initial grant under subparagraph (A). (ii) No limitation There shall be no limitation on the number of continuation grants an eligible entity may receive under this section. (c) Application (1) Initial grants and continuation grants To receive an initial grant or continuation grant under this section, an eligible entity shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may require, including— (A) a certification that the eligible entity— (i) has designated an executive director or program manager, who may be compensated using grant funds awarded under this section or other sources, to manage each women's business center for which a grant under subsection (b) is sought; and (ii) meets accounting and reporting requirements established by the Director of the Office of Management and Budget; (B) information demonstrating the experience and effectiveness of the eligible entity in— (i) providing entrepreneurial counseling and training described in subsection (b)(2); (ii) providing training and services to a representative number of women who are both socially and economically disadvantaged; and (iii) working with resource partners, offices of the Administration, and other public and private entities engaging in entrepreneurial and small business development; and (C) a 5-year plan that— (i) includes information relating to the assistance to be provided by each women's business center in the area in which each center is located; (ii) describes the ability of the eligible entity to meet the needs of the market to be served by each women's business center; (iii) describes the ability of the eligible entity to obtain the matching funds required under subsection (e); and (iv) describes the ability of the eligible entity to provide entrepreneurial counseling and training described in subsection (b)(2), including to a representative number of women who are both socially and economically disadvantaged. (2) Record retention (A) In general The Administrator shall maintain a copy of each application submitted under this subsection for not less than 5 years. (B) Paperwork reduction The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out subparagraph (A). (d) Selection of eligible entities (1) In general In selecting recipients of initial grants under this section, the Administrator shall consider— (A) the experience of the applicant in providing entrepreneurial counseling and training; (B) the amount of time needed for the applicant to commence operation of a women's business center; (C) the capacity of the applicant to meet the accreditation standards established under subsection (j)(4) in a timely manner and the likelihood that the recipient will become accredited; (D) the ability of the applicant to sustain operations, including the applicant’s ability to obtain matching funds under subsection (e), for a 5-year period; (E) the proposed location of a women's business center to be operated by the applicant and the location’s proximity to Veteran Business Outreach Centers described in section 32 and to recipients of grants under section 8(b)(1) or 21; (F) the counsel of a Women's Business Center Organization or another relevant organization on the level of unmet need in the area where the women's business center is to be located; and (G) whether the applicant has received trainings conducted by, utilized services provided by, or engaged with a Women's Business Center Organization or another relevant organization in the preparation of the application. (2) Selection criteria (A) Rulemaking The Administrator shall issue regulations to specify the criteria for review and selection of applicants under this subsection. (B) Effect of regulations at time of application Unless otherwise required by an Act of Congress or an order of a Federal court, any application for an opportunity to award a grant under this section shall be governed by the regulations issued pursuant to subparagraph (A) that are in effect at the time of the public announcement of such opportunity made by the Administrator pursuant to subsection (k)(1). (C) Rule of construction Nothing in this paragraph may be construed as prohibiting the Administrator from modifying the regulations issued pursuant to subparagraph (A) as the regulations apply to an opportunity to be awarded a grant under this section that the Administrator has not yet publicly announced pursuant to subsection (k)(1). (e) Matching requirements (1) In general Subject to paragraph (5), upon approval of an application submitted by an eligible entity under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources— (A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and (B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. (2) Form of matching funds Not more than one-half of non-Federal matching funds described in paragraph (1) may be in the form of in-kind contributions that are budget line items only, including office equipment and office space. (3) Solicitation Notwithstanding any other provision of law, an eligible entity may— (A) solicit cash and in-kind contributions from private individuals and entities to be used to operate a women's business center; and (B) use amounts made available by the Administrator under this section for the cost of solicitation and management of the contributions received, subject to the limitations set by the Administrator. (4) Disbursement of funds The Administrator may disburse an amount not greater than 25 percent of the total amount of a grant awarded to an eligible entity before the eligible entity obtains the matching funds described in paragraph (1). (5) Failure to obtain matching funds (A) In general If an eligible entity fails to obtain the required matching funds described in paragraph (1), the eligible entity may not be eligible to receive advance disbursements pursuant to paragraph (4) during the remainder of the term, if applicable, of an initial grant awarded under this section. (B) Continuation grant Before approving an eligible entity for a continuation grant under this section, the Administrator shall make a written determination, including the reasons for the determination, of whether the Administrator believes that the eligible entity will be able to obtain the requisite matching funding under paragraph (1) for the continuation grant. (6) Waiver of non-Federal share (A) In general Upon request by an eligible entity and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain matching funds under paragraph (1) for a grant awarded under this section for the eligible entity for a 1-year term of the grant. (B) Considerations In determining whether to issue a waiver under this paragraph, the Administrator shall consider— (i) the economic conditions affecting the eligible entity; (ii) the demonstrated ability of the eligible entity to raise non-Federal funds; and (iii) the performance of the eligible entity under the initial grant. (C) Limitation The Administrator may not issue a waiver under this paragraph if the Administrator determines that granting the waiver would undermine the credibility of the Program. (7) Excess non-Federal dollars The amount of non-Federal dollars obtained by an eligible entity that is greater than the amount that is required to be obtained by the eligible entity under this subsection shall not be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto, if the amount of non-Federal dollars— (A) is not used as matching funds for purposes of implementing the Program; and (B) was not obtained by using funds granted under the Program. (8) Carryover An eligible entity may use excess non-Federal dollars described in paragraph (7) to satisfy the matching funds requirement under paragraph (1) for the subsequent 1-year grant term, if applicable, except that the amounts shall be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto. (f) Other requirements (1) Separation of funds An eligible entity shall— (A) operate a women's business center under this section separately from other projects, if any, of the eligible entity; and (B) separately maintain and account for any grant funds received under this section. (2) Examination of eligible entities (A) Required site visit Before receiving an initial grant under this section, each applicant shall have a site visit by an employee of the Administration in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided. (B) Annual review An employee of the Administration shall— (i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and (ii) provide the results of the examination to the eligible entity. (3) Remediation of problems (A) Plan of action If an examination of an eligible entity conducted under paragraph (2)(B) identifies any problems, the eligible entity shall, not later than 45 calendar days after receiving a copy of the results of the examination, provide the Assistant Administrator with a plan of action, including specific milestones, for correcting those problems. (B) Plan of action review by the Assistant Administrator Not later than 30 days after receipt of the plan of action, the Assistant Administrator shall review the plan of action submitted under subparagraph (A), and if the Assistant Administrator determines that the plan— (i) will bring the eligible entity into compliance with all the terms of a cooperative agreement described in subsection (b), the Assistant Administrator shall approve the plan; or (ii) is inadequate to remedy the problems identified in the annual examination to which the plan of action relates, the Assistant Administrator shall set forth the reasons in writing and provide the determination to the eligible entity not later than 15 calendar days after the date of determination. (C) Amendment to plan of action An eligible entity receiving a determination under subparagraph (B)(ii) shall have 30 calendar days from the receipt of the determination to amend the plan of action to satisfy the problems identified by the Assistant Administrator and resubmit the plan to the Assistant Administrator. (D) Amended plan review by the Assistant Administrator Not later than 15 calendar days after receipt of an amended plan of action under subparagraph (C), the Assistant Administrator shall approve or reject the plan and provide the approval or rejection in writing to the eligible entity. (E) Appeal of Assistant Administrator determination (i) In general If the Assistant Administrator rejects an amended plan of action under subparagraph (D), the eligible entity shall have the opportunity to appeal the decision to the Administrator, who may delegate the appeal to an appropriate officer of the Administration. (ii) Opportunity for explanation Any appeal described in clause (i) shall provide an opportunity for the eligible entity to provide, in writing, an explanation of why the amended plan of action of the eligible entity remedies the problems identified in the annual examination conducted under paragraph (2)(B). (iii) Notice of determination The Administrator shall provide to the eligible entity a determination of the appeal, in writing, not later than 15 calendar days after the eligible entity files an appeal under this subparagraph. (iv) Effect of failure to act If the Administrator fails to act on an appeal made under this subparagraph within the 15-day period specified under clause (iii), the amended plan of action of the eligible entity submitted under subparagraph (C) shall be deemed to be approved. (4) Termination of grant (A) In general The Administrator shall terminate a grant to an eligible entity under this section if the eligible entity fails to comply with— (i) a plan of action approved by the Assistant Administrator under paragraph (3)(B)(i); or (ii) an amended plan of action approved by the Assistant Administrator under paragraph (3)(D) or approved on appeal under paragraph (3)(E). (B) Appeal of termination An eligible entity shall have the opportunity to challenge the termination of a grant under subparagraph (A) on the record and after an opportunity for a hearing. (C) Final agency action A determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 (5) Engagement with majority Women's Business Center Organization, women's business centers, and other relevant organizations If, on the date of enactment of the Women's Business Centers Improvement Act of 2022, a majority of women's business centers that are operating pursuant to agreements with the Administration are members of an individual Women's Business Center Organization, the Administrator shall— (A) recognize the existence and activities of the Organization; and (B) consult with the Organization, and to the extent practicable, women's business centers and other relevant organizations, on the development of documents with respect to— (i) announcing the annual scope of activities pursuant to this section; (ii) requesting proposals to deliver assistance as provided in this section; and (iii) the governance, general operations, and administration of the Program, including general best practices in the operation of the Program and the development of regulations and financial examinations under that Program. (6) Enforcement (A) Grants The Assistant Administrator shall develop policies and procedures to minimize the possibility of awarding a grant to an eligible entity that will operate a women's business center that likely will not remain in compliance with program and financial requirements. (B) Individual cooperative agreements The Assistant Administrator shall enforce the terms of any individual cooperative agreement described in paragraph (5)(B)(iii). (g) Program examination (1) In general The Administration shall— (A) develop and implement an annual programmatic and financial examination of each eligible entity receiving a grant under this section, under which each eligible entity shall provide to the Administration— (i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and (ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the requirements of subsection (e) and, with respect to any in-kind contributions described in subsection (e)(2) that were used to satisfy the requirements of subsection (e), verification of the existence and valuation of those contributions; and (B) analyze the results of each examination and, based on that analysis, make a determination regarding the programmatic and financial viability of each women's business center operated by the eligible entity. (2) Conditions for continued funding In determining whether to award a continuation grant to an eligible entity, the Administrator shall— (A) consider the results of the most recent examination of the eligible entity under paragraph (1); (B) determine if— (i) the eligible entity has failed to provide, or provided inadequate, information under paragraph (1)(A); or (ii) the eligible entity has failed to provide any information required to be provided by a women's business center for purposes of the management report under subsection (l)(1), or the information provided by the center is inadequate; and (C) consider the accreditation status as described in subsection (j)(4). (h) Contract authority (1) Eligible entity An eligible entity that receives a grant under this section may enter into a contract with a Federal department or agency to provide specific assistance to small business concerns owned and controlled by women and other underserved small business concerns, if performance of that contract does not hinder the ability of the eligible entity to carry out the terms of a grant received under this section. (2) Administrator (A) In general The authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. (B) Adverse contract action After the Administrator has entered into a contract, either as a grant or a cooperative agreement, with any applicant under this section, the Administrator shall not suspend, terminate, or fail to renew or extend the contract unless the Administrator provides the applicant with written notification setting forth the reasons therefore and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 (i) Privacy requirements (1) In general A women's business center may not disclose the name, address, email address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of that individual or small business concern, unless— (A) the Administrator orders the disclosure after the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers a disclosure to be necessary for the purpose of conducting a financial audit of a women's business center, except that the disclosure shall be limited to the information necessary for the audit. (2) Administration use of information This subsection shall not— (A) restrict the access of the Administration to women's business center data; or (B) prevent the Administration from using information about individuals who use women's business centers to conduct surveys of those individuals. (3) Regulations The Administrator shall issue regulations to establish standards for disclosures for purposes of a financial audit described in paragraph (1)(B). (j) Office of Women's Business Ownership (1) Establishment There is established within the Administration an Office of Women's Business Ownership, which shall be— (A) responsible for the administration of the Administration’s programs for the development of women's business enterprises, as defined in section 408 of the Women's Business Ownership Act of 1988 ( 15 U.S.C. 7108 (B) administered by an Assistant Administrator, who shall be appointed by the Administrator. (2) Assistant Administrator of the Office of Women's Business Ownership (A) Qualification The position of Assistant Administrator of the Office of Women's Business Ownership shall be— (i) a Senior Executive Service position under section 3132(a)(2) of title 5, United States Code; and (ii) a noncareer appointee, as defined in section 3132(a)(7) of that title. (B) Duties The Assistant Administrator shall administer the programs and services of the Office of Women's Business Ownership and perform the following functions: (i) Recommend the annual administrative and program budgets of the Office of Women's Business Ownership and eligible entities receiving a grant under the Program. (ii) Review the annual budgets submitted by each eligible entity receiving a grant under the Program. (iii) Collaborate with other Federal departments and agencies, State and local governments, nonprofit organizations, and for-profit organizations to maximize utilization of taxpayer dollars and reduce or eliminate any duplication among the programs overseen by the Office of Women's Business Ownership and those of other entities that provide similar services to women entrepreneurs. (iv) Maintain a clearinghouse to provide for the dissemination and exchange of information between women's business centers. (v) Serve as the vice chairperson of the Interagency Committee on Women's Business Enterprise and as the liaison for the National Women's Business Council. (3) Mission The mission of the Office of Women's Business Ownership shall be to assist women entrepreneurs to start, grow, and compete in global markets by providing quality support with access to capital, access to markets, job creation, growth, and counseling by— (A) fostering participation of women entrepreneurs in the economy by overseeing a network of women's business centers throughout the United States; (B) creating public-private partnerships to support women entrepreneurs and conduct outreach and education to small business concerns owned and controlled by women; and (C) working with other programs of the Administration to— (i) ensure women are well-represented in those programs and being served by those programs; and (ii) identify gaps where participation by women in those programs could be increased. (4) Accreditation program (A) Establishment Not later than 270 days after the date of enactment of the Women's Business Centers Improvement Act of 2022, the Administrator shall publish standards for a program to accredit eligible entities that receive a grant under this section. (B) Public comment; transition Before publishing the standards under subparagraph (A), the Administrator— (i) shall provide a period of not less than 60 days for public comment on the standards; and (ii) may not terminate a grant under this section absent evidence of fraud or other criminal misconduct by the recipient. (C) Contracting authority The Administrator may provide financial support, by contract or otherwise, to a Women's Business Center Organization to provide assistance in establishing the standards required under subparagraph (A) or for carrying out an accreditation program pursuant to those standards. (5) Continuation grant considerations (A) In general In determining whether to award a continuation grant under this section, the Administrator shall consider the results of the annual programmatic and financial examination conducted under subsection (g) and the accreditation program under paragraph (4). (B) Accreditation requirement On and after the date that is 2 years after the date of enactment of the Women's Business Centers Improvement Act of 2022, the Administration may not award a continuation grant under this section unless the applicable eligible entity has been approved under the accreditation program conducted pursuant to paragraph (4), except that the Assistant Administrator for the Office of Women's Business Ownership may waive the accreditation requirement, in the discretion of the Assistant Administrator, upon a showing that the eligible entity is making a good faith effort to obtain accreditation. (6) Annual conference (A) In general Each women's business center shall participate in annual professional development at an annual conference facilitated by the Administrator. (B) Collaboration The Administrator shall collaborate with 1 or more Women's Business Center Organizations, women's business centers, or other relevant organizations in carrying out the responsibilities of the Administrator under subparagraph (A). (k) Notification requirements under the Program The Administrator shall provide the following: (1) A public announcement of any opportunity to be awarded grants under this section, to include the selection criteria under subsection (d) and any applicable regulations. (2) To any applicant for a grant under this section that failed to obtain a grant, an opportunity to debrief with the Administrator to review the reasons for the failure of the applicant. (3) To an eligible entity that receives an initial grant under this section, if a site visit or review of the eligible entity is carried out by an officer or employee of the Administration (other than the Inspector General), a copy of the site visit report or evaluation, as applicable, not later than 30 calendar days after the completion of the visit or evaluation. (l) Annual management report (1) In general The Administrator shall prepare and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report on the effectiveness of women's business centers operated through a grant awarded under this section. (2) Information for report Each women's business center shall, annually and upon request, provide the Administrator with sufficient information to complete the report required under paragraph (1), including the information described in paragraph (3). (3) Contents Each report submitted under paragraph (1) shall summarize— (A) information concerning, with respect to each women's business center established pursuant to a grant awarded under this section, the most recent analysis of the annual programmatic and financial examination of the applicable eligible entity, as required under subsection (g)(1)(B), and the subsequent determination made by the Administration under that subsection; (B) the total number of individuals and the number of unique individuals counseled or trained through the Program; (C) the total number of hours of counseling and training services provided through the Program; (D) to the extent practicable, the demographics of Program participants to include the gender, race, ethnicity, and age of each participant; (E) the number of Program participants who are veterans; (F) the number of new businesses started by participants in the Program; (G) to the extent practicable, the number of jobs supported, created, or retained with assistance from women's business centers; (H) the total amount of capital secured by participants in the Program, including through loans and equity investment of the Administration; (I) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (J) an estimate of gross receipts, including to the extent practicable a description of any change in revenue of small business concerns assisted through the Program; (K) the number of referrals of individuals to other resources and programs of the Administration; (L) the results of satisfaction surveys of participants, including a summary of any comments received from those participants; and (M) any recommendations by the Administrator to improve the delivery of services by women's business centers. (m) Authorization of appropriations (1) In general There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $31,500,000 for each of fiscal years 2023 through 2026. (2) Use of amounts (A) In general Except as provided in subparagraph (B), amounts made available under this subsection for fiscal year 2023, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section. (B) Exceptions Of the amount made available under this subsection for a fiscal year, for the fiscal year beginning after the date of enactment of the Women's Business Centers Improvement Act of 2022 and each fiscal year thereafter through fiscal year 2026, 2.6 percent shall be available for costs incurred by the Administration in connection with the management and administration of the program under this section. (C) Accreditation and annual conference Of the amounts made available in any fiscal year to carry out this section, not more than $250,000 may be used by the Administration to pay for expenses related to carrying out paragraphs (4) and (6) of subsection (j). (3) Expedited acquisition Notwithstanding any other provision of law, the Administrator may use expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business concerns are provided a reasonable opportunity to submit proposals. . 103. Effect on existing grants (a) Terms and conditions A nonprofit organization receiving a grant under section 29(m) of the Small Business Act ( 15 U.S.C. 656(m) 15 U.S.C. 656(m)(5) (b) Length of continuation grant The Administrator may award a grant under section 29 of the Small Business Act ( 15 U.S.C. 656 (1) beginning on the day after the last day of the grant agreement under such section 29(m); and (2) ending at the end of the third fiscal year beginning after the date of enactment of this Act. 104. Regulations Not later than 270 days after the date of enactment of this Act, the Administrator shall issue rules as are necessary to carry out section 29 of the Small Business Act ( 15 U.S.C. 656 II Small Business Development Centers Improvement Act of 2022 201. Short title This title may be cited as the Small Business Development Centers Improvement Act of 2022 202. Annual report on entrepreneurial development programs Section 10 of the Small Business Act ( 15 U.S.C. 639 (i) Annual report on entrepreneurial development programs (1) Definitions In this subsection: (A) Covered program The term covered program (B) Entrepreneurial development activity The term entrepreneurial development activity (2) Report required The Administrator shall include in the comprehensive annual report required under subsection (a) the following data: (A) A list of all entrepreneurial development activities undertaken during the fiscal year preceding the date of the report through a covered program, including— (i) a description and operating details for each such covered program and the activities performed under each such covered program; (ii) operating circulars, manuals, and standard operating procedures for each such covered program; (iii) a description of the process used to make awards relating to the provision of entrepreneurial development activities under each such covered program; (iv) a list of all recipients of awards under each such covered program and the amount of each such award; and (v) a list of contractors, including the name and location of such contractor, of an award recipient. (B) The total amount of funding obligated for a covered program and the entrepreneurial development activities conducted under each such covered program for the fiscal year preceding the date of the report. (C) The names and titles of the individuals responsible for carrying out a covered program. (D) For entrepreneurial development activities undertaken during the fiscal year preceding the date of the report through the small business development center program established under section 21 (in this section referred to as the Program (i) the total number and number of individuals counseled or trained through the Program; (ii) the total number of hours of counseling and training services provided through the Program; (iii) to the extent practicable, the demographics of participants in the Program, which shall include the gender, race, ethnicity, and age of each such participant; (iv) the number of participants in the Program who are veterans; (v) the number of new businesses started by participants in the Program; (vi) to the extent practicable, the number of jobs supported, created, and retained with assistance from the Program; (vii) to the extent practicable, the total amount of capital secured by participants in the Program, including through loans and equity investment from the Administration; (viii) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (ix) an estimate of gross receipts, including, to the extent practicable, a description of any change in revenue, of small business concerns assisted through the Program; (x) the number of referrals of individuals to other resources and programs of the Administration; (xi) the results of satisfaction surveys of participants in the Program, including a summary of any comments received from those participants; and (xii) any recommendations by the Administrator to improve the delivery of services by the Program. . 203. Marketing of services Section 21 of the Small Business Act ( 15 U.S.C. 648 (o) No prohibition of marketing of services An applicant receiving a grant under this section may use up to 10 percent of their budget to market and advertise the services of the applicant to individuals and small business concerns. . 204. Data collection working group (a) Establishment of working group To improve data collection The Administrator shall establish a group to be known as the Data Collection Working Group (b) Report Not later than 180 days after the date of enactment of this Act, the Data Collection Working Group shall issue a report to the appropriate committees of Congress containing the findings and determinations made in carrying out the study required under subsection (a), including— (1) recommendations for revising existing data collection practices for the small business development center program established under section 21 of the Small Business Act ( 15 U.S.C. 648 (2) a proposed plan for the Administrator to implement the recommendations described in paragraph (1). 205. Oversight; fees from private partnerships and cosponsorships; negotiation Section 21(a)(3) of the Small Business Act ( 15 U.S.C. 648(a)(3) (1) in the matter preceding subparagraph (A), by inserting , including financial oversight, oversight (2) by moving subparagraphs (A) and (B) 2 ems to the right; (3) in subparagraph (C)— (A) by striking Whereas (B) by inserting Program Center (C) by striking National national (4) by adding at the end the following: (D) (i) A small business development center that participates in a private partnership or cosponsorship, in which the Administrator or designee of the Administrator also participates, may collect fees or other income in order to hold events related to the private partnership or cosponsorship. (ii) Nothing in clause (i) shall be construed as the Administration endorsing a private partnership or cosponsorship described in clause (i). (E) An association formed under subparagraph (A) shall, at the request of a small business development center applicant or applicants, participate in the negotiation of the cooperative agreement described in this paragraph between the small business development center applicant or applicants and the Administration. . 206. Equity for small business development centers Section 21(a)(4)(C)(v) of the Small Business Act ( 15 U.S.C. 648(a)(4)(C)(v) (v) Use of amounts Of the amounts made available in any fiscal year to carry out this section, not more than $600,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1). . 207. Confidentiality requirements Section 21(a)(7)(A) of the Small Business Act ( 15 U.S.C. 648(a)(7)(A) (1) by striking or telephone number , telephone number, or email address (2) by inserting , or the nature or content of such assistance, to any State, local, or Federal agency, or to any third party receiving assistance under this section 208. Limitation on award of grants to small business development centers (a) In general Section 21 of the Small Business Act ( 15 U.S.C. 648 (1) in subsection (a)(1)— (A) by striking any women’s business center operating pursuant to section 29, (B) by striking or a women’s business center operating pursuant to section 29 as a Small Business Development Center (C) by striking and women’s business centers operating pursuant to section 29 (2) by adding at the end the following: (p) Limitation on award of grants Except for nonprofit institutions of higher education, and notwithstanding any other provision of law, the Administrator may not award a grant or contract to, or enter into a cooperative agreement with, an entity under this section unless that entity— (1) received a grant or contract from, or entered into a cooperative agreement with, the Administrator under this section before the date of enactment of this subsection; and (2) seeks to renew such a grant, contract, or cooperative agreement after such date. . (b) Rule of construction The amendments made by this section may not be construed as prohibiting a women’s business center described in section 29 of the Small Business Act ( 15 U.S.C. 656 15 U.S.C. 648 209. Authorization of appropriations for formula grants received by States Section 21(a)(4)(C) of the Small Business Act ( 15 U.S.C. 648(a)(4)(C) (1) in clause (vii), by striking subparagraph subparagraph $175,000,000 for each of fiscal years 2023 through 2026. (2) in clause (viii)— (A) by striking shall reserve not less than $1,000,000 shall reserve not more than $2,000,000 (B) by striking $100,000 $200,000 210. Requirements relating to matching funds Section 21(a)(4)(A) of the Small Business Act ( 15 U.S.C. 648(a)(4)(A) Such matching funds shall be evidenced by good faith assertions from the applicant, and the expenditure of matching funds shall not be made a prerequisite of the reimbursement of Federal funds, notwithstanding the final reconciliation payment for the close-out of each award. 211. Duties of the Associate Administrator for Small Business Development Centers Section 21(h)(2) of the Small Business Act ( 15 U.S.C. 648(h)(2) (C) Marketing The Associate Administrator for Small Business Development Centers shall market and advertise the Small Business Development Center Program and participants in that Program as a resource available to any Federal program providing assistance to small business concerns, including the FAST program established under section 34. . 212. Determination of budgetary effects The budgetary effects of this title, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation III SCORE for Small Business Act of 2022 301. Short title This title may be cited as the SCORE for Small Business Act of 2022 302. SCORE Program provisions and requirements Section 8 of the Small Business Act ( 15 U.S.C. 637 (1) in subsection (b)(1)(B)— (A) by striking a Service Corps of Retired Executives (SCORE) the SCORE program (B) by striking SCORE may the SCORE Association may (2) by striking subsection (c) and inserting the following: (c) SCORE program (1) Cooperative agreement The Administrator shall enter into a cooperative agreement with the SCORE Association to carry out the SCORE program, which shall include the following requirements: (A) Administrator duties The Administrator shall— (i) every 2 years, conduct a financial examination of the SCORE Association to ensure that any costs paid for with Federal funds are allowable, allocable, and reasonable; (ii) review and approve contracts entered into by the SCORE Association to provide goods or services for the SCORE program of a value greater than an amount determined by the Administrator; (iii) maintain a system through which the SCORE Association provides documentation relating to those contracts; and (iv) not later than 30 days after the receipt of a quarterly report on the achievements of the SCORE program submitted by the SCORE Association, reconcile differences between that report and the performance results of the SCORE program reported in a management information system of the Office of Entrepreneurial Development. (B) SCORE Association duties The SCORE Association shall— (i) manage nationwide chapters of the SCORE program; (ii) provide annual training to employees of the SCORE Association on generating and using program income from the SCORE program; (iii) submit documentation to the Administrator verifying the annual training is completed; (iv) maintain separation of funds donated to the SCORE Association from program income and funds received pursuant to a cooperative agreement; and (v) maintain and enforce requirements for volunteers participating in the SCORE program, including requirements that each volunteer shall— (I) based on the business experience and knowledge of the volunteer— (aa) provide personal counseling, mentoring, and coaching on the process of starting, expanding, managing, buying, and selling a business at no cost to individuals who own, or aspire to own, small business concerns; and (bb) facilitate free or low-cost education workshops for individuals who own, or aspire to own, small business concerns; and (II) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. (C) Joint duties The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program— (i) develop and implement plans and goals to effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, or other traditionally underserved communities, including plans for virtual, remote, and web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program; and (ii) reinforce an inclusive culture by recruiting diverse volunteers for the chapters of the SCORE program. (2) Online component In addition to providing in-person services, the SCORE Association shall maintain and expand online counseling services including webinars, electronic mentoring platforms, and online toolkits to further support entrepreneurs. (3) Accounting The SCORE Association shall— (A) maintain a centralized accounting and financing system for each chapter of the SCORE program; (B) maintain a uniform policy and procedures to manage Federal funds received pursuant to a cooperative agreement described in paragraph (1); and (C) maintain an employee of the SCORE Association to serve as a compliance officer to ensure expenditures of the SCORE program are fully compliant with any law, regulation, or cooperative agreement relating to the SCORE program. (4) Compensation The SCORE Association shall— (A) maintain a documented compensation policy that— (i) specifies the maximum rate of pay allowable for any individual in the SCORE Association; (ii) specifies the maximum percent of the aggregate salaries of employees of the SCORE Association that may be spent on individual performance awards to employees of the SCORE Association; and (iii) shall be reviewed annually by the SCORE Association and the Administrator; (B) prohibit payment of salaries or performance awards that exceed the limits set by the SCORE Association compensation policy; and (C) prohibit members of the Board of Directors of the SCORE Association or any employees of the SCORE Association from simultaneously serving on the Board of Directors of, or receiving compensation from, the SCORE Foundation without written approval from the Administrator. (5) Whistleblower protection requirements The SCORE Association shall— (A) annually update all manuals or other documents applicable to employees and volunteers of the SCORE Association or the SCORE program to include requirements relating to reporting procedures and protections for whistleblowers; and (B) conduct an annual training for employees and volunteers of the SCORE Association or the SCORE program on the requirements described in subparagraph (A) and encourage the use of the hotline established by the Office of the Inspector General of the Administration to submit whistleblower reports. (6) Published materials The SCORE Association shall ensure all published materials include written acknowledgment of Administration support of the SCORE program if those materials are paid for in whole or in part by Federal funds. (7) Privacy requirements (A) In general Neither the Administrator nor the SCORE Association may disclose the name, email address, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of the individual or small business concern, unless— (i) the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (ii) the Administrator determines that a disclosure is necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. (B) Administrator use of information This paragraph shall not— (i) restrict the access of the Administrator to SCORE program activity data; or (ii) prevent the Administrator from using SCORE program client information to conduct client surveys. (C) Standards (i) In general The Administrator shall, after opportunity for notice and comment, establish standards for— (I) disclosures with respect to financial audits described in subparagraph (A)(ii); and (II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. (ii) Maximum privacy protection The standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection. (8) Annual report Not later than 180 days after the date of enactment of the SCORE for Small Business Act of 2022 and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the SCORE program, which may be included as part of another report submitted to those committees by the Administrator, and which shall include— (A) the total number and the number of unique clients counseled or trained under the SCORE program; (B) the total number of hours of counseling or training provided under the SCORE program; (C) the total number of local workshops provided under the SCORE program; (D) the total number of clients attending online and local workshops provided under the SCORE program; (E) to the extent practicable, the demographics of SCORE program clients and volunteers, which shall include the gender, race, ethnicity, and age of each client or volunteer; (F) the number of SCORE program clients and volunteers who are veterans; (G) with respect to businesses assisted under the SCORE program, the cost to create a job, the cost to create a business, and the return on investment; (H) the number of referrals of SCORE program clients to other resources and programs of the Administration; (I) the results of SCORE program client satisfactory surveys, including a summary of any comments received from those clients; (J) the number of new businesses started by SCORE program clients; (K) the percentage of businesses assisted by the SCORE program realizing revenue growth; (L) to the extent practicable, the number of jobs created with assistance from the SCORE program; (M) the total cost of the SCORE program; (N) any recommendations of the Administrator to improve the SCORE program; (O) an explanation of how the SCORE program has been integrated with— (i) small business development centers; (ii) women’s business centers described in section 29; (iii) Veteran Business Outreach Centers described in section 32; (iv) other offices of the Administration; and (v) other public and private entities engaging in entrepreneurial and small business development; (P) the SCORE compensation policy for the relevant fiscal year, including— (i) a list of any changes to the compensation policy since the previous fiscal year; and (ii) justification if the maximum rate of pay allowable for any individual in the SCORE Association exceeds the maximum rate of pay allowable for an individual in the career Senior Executive Service employed at the Administration; (Q) the names, positions, and salaries of any employees of the SCORE Association whose salaries exceed the maximum rate of pay allowable per the SCORE compensation policy; (R) the percent of the aggregate salaries of employees of the SCORE Association spent on individual performance awards to employees of the SCORE Association, with a justification if this amount exceeds 10 percent; (S) the total amount of performance awards that have been disbursed or will be disbursed after the last day of the fiscal year in which the awards were earned and a justification for any awards that have been disbursed or will be disbursed outside the fiscal year in which the awards were earned; and (T) the names, positions, and salaries of any members of the Board of Directors of the SCORE Association or any employees of the SCORE Association that simultaneously serve on the Board of Directors of, or receive compensation from, the SCORE Foundation without written approval of the Administrator. . 303. Authorization of appropriations for the SCORE program Section 20 of the Small Business Act ( 15 U.S.C. 631 (i) SCORE program There are authorized to be appropriated to the Administrator to carry out the SCORE program such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $18,000,000 in each of fiscal years 2023 and 2024. . 304. Reporting requirements (a) Definitions In this section, the terms SCORE Association SCORE program 15 U.S.C. 632 (b) Study and report on the future role of the SCORE program (1) Study The SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will meet the needs of small business concerns during the 5-year period beginning on the date of enactment of this Act, with specific objectives for the first, third, and fifth years of the 5-year period. (2) Report Not later than 180 days after the date of enactment of this Act, the SCORE Association shall submit to the appropriate committees of Congress a report containing— (A) all findings and determinations made in carrying out the study required under paragraph (1); (B) the strategic plan developed under paragraph (1); and (C) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels. (c) Administrator report on leased space Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report containing an assessment of the cost of leased space that is donated to the SCORE Association. (d) Online component report Not later than 3 months after the last day of the first full fiscal year following the date of enactment of this Act, the SCORE Association shall submit to the appropriate committees of Congress a report on the effectiveness of the online counseling services required under paragraph (2) of section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) (1) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results; (2) the internal controls that are used and a summary of the topics covered by the webinars; and (3) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards those online counseling services. 305. Technical and conforming amendments (a) Small Business Act The Small Business Act ( 15 U.S.C. 631 et seq. (1) in section 3 ( 15 U.S.C. 632 (gg) SCORE program definitions In this Act: (1) SCORE program The term SCORE program (2) SCORE Association The term SCORE Association (3) SCORE Foundation The term SCORE Foundation ; (2) in section 7 ( 15 U.S.C. 636 (A) in subsection (b)(12)— (i) in the paragraph heading, by striking score SCORE program (ii) in subparagraph (A), by striking Service Corps of Retired Executives SCORE program (B) in subsection (m)(3)(A)(i)(VIII), by striking Service Corps of Retired Executives SCORE program (3) in section 20(d)(1)(E) ( 15 U.S.C. 631 Service Corps of Retired Executives program SCORE program (4) in section 22 ( 15 U.S.C. 649 (A) in subsection (b)— (i) in paragraph (1), by striking Service Corps of Retired Executives authorized by section (8)(b)(1) SCORE program (ii) in paragraph (3), by striking Service Corps of Retired Executives SCORE program (B) in subsection (c)(12), by striking Service Corps of Retired Executives authorized by section 8(b)(1) SCORE program (b) Other laws (1) Small Business Reauthorization Act of 1997 Section 707 of the Small Business Reauthorization Act of 1997 ( 15 U.S.C. 631 Service Corps of Retired Executives (SCORE) program SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) (2) Veterans Entrepreneurship and Small Business Development Act of 1999 Section 301 of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking Service Core of Retired Executives (described in section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) SCORE SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) SCORE program (ii) in paragraphs (1), (2), and (3), by striking SCORE the SCORE program (iii) in paragraph (2), by striking the establishing (B) in subsection (b), by striking SCORE the SCORE program (3) Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 The Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 ( 15 U.S.C. 636 (A) in section 3, by striking paragraph (5) and inserting the following: (5) the term SCORE program 15 U.S.C. 637(c) ; and (B) in section 201(c)(2)(B)(i), by striking Service Corps of Retired Executives SCORE program (4) Children’s Health Insurance Program Reauthorization Act of 2009 Section 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 ( 15 U.S.C. 657p (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) the term SCORE program 15 U.S.C. 637(c) ; and (B) in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives SCORE program (5) Energy Policy and Conservation Act Section 337(d)(2)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6307(d)(2)(A) Service Corps of Retired Executives (SCORE) SCORE program IV Federal Contracting Fairness Act of 2022 401. Short title This title may be cited as the Federal Contracting Fairness Act of 2022 402. Findings Congress finds the following: (1) There remain disparities in education, employment, and business history, which includes unequal contracting opportunities, unequal access to credit or capital, and acquisition of credit or capital under commercially unfavorable circumstances, between individuals defined as socially and economically disadvantaged under the Small Business Act ( 15 U.S.C. 631 et seq. (2) The following statistics reiterate the disparities described in paragraph (1): (A) Of the 16,300,000 students enrolled in 4-year undergraduate university in the fall of 2016, 9,100,000 were White, 3,200,000 were Hispanic, 2,200,000 were Black, and 1,100,000 million were Asian. In 2018, 41 percent of all 18- to 24-year-olds were enrolled in college. However, 37 percent of Black 18- to 24-year-olds and 26 percent of Hispanic 18- to 24-year-olds were enrolled in college. Additionally, in 2019, 29 percent of Black adults had a bachelor's degree or higher, 21 percent of Latino or Hispanic adults had a bachelor's degree or higher, and 22 percent of Pacific Islander adults had a bachelor's degree or higher, as compared to 45 percent of White adults. (B) In 2020, 24 percent of Black employees and 24 percent of Hispanic employees report having been discriminated against at work, compared to 15 percent of White employees reporting discrimination at work. In the first quarter of 2022, the unemployment rate in the United States among White workers was 3.6 percent compared to 6.8 percent among Black workers and 4.9 percent among Hispanic workers. (C) With regards to contracting, in 2021, 2.78 percent of Federal contracts were awarded to Asian-owned small businesses, 1.67 percent went to Black-owned small businesses, 1.78 percent went to Hispanic-owned small businesses, and 2.69 percent went to Native American-owned small businesses compared to 15.64 percent of Federal contracts awarded to White-owned small businesses. In total, 9.4 percent of contracting dollars went to minority-owned businesses when 19 percent of United States employer businesses are minority-owned. (D) In terms of access to capital, in 2021, 15 percent of Asian-owned small businesses received all the financing they sought, 16 percent of Black-owned small businesses received all the non-emergency financing they sought, and 19 percent of Hispanic-owned small businesses received all the non-emergency financing they sought, as compared to 35 percent of White-owned small businesses. (3) Given these disparities, the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) 403. Definitions In this title, the terms qualified HUBZone small business concern small business concern owned and controlled by service-disabled veterans small business concern owned and controlled by women 15 U.S.C. 632 404. Duration of participation; ramp-up period; transition period (a) Extension of program participation period Section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) (1) in the matter preceding subparagraph (A), by striking nine years 10 years (2) in subparagraph (A), by striking four years 5 years (3) in subparagraph (B), by striking five years 5 years (b) Ramp-up period (1) Definition In this subsection, the term covered small business concern (A) is in the first 3 years as a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (B) is an individually owned entity; and (C) has not been awarded a contract under such section 8(a), excluding contracts that meet the simplified acquisition threshold described in section 134 of title 41, United States Code. (2) Election (A) In general Subject to subparagraph (B), a covered small business concern may elect at the time of certification to begin the 10-year program participation period under section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) (i) the date on which the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (ii) 3 years after the date on which the covered small business concern was certified to participate in the program established under such section 8(a). (B) Limitation Notwithstanding subparagraph (A), the program participation period for a covered small business concern under section 7(j)(15) of the Small Business Act ( 15 U.S.C. 636(j)(15) (3) Training (A) In general Except as provided in subparagraph (B), if a covered small business concern makes an election under paragraph (2), the covered small business concern shall— (i) participate in 12 hours per year of marketing, business development training, and engagement to show intent in building capacity to participate in the Federal contracting market, which shall be satisfied through training provided by the Administration, the Minority Business Development Agency, resource partners of the Administration, Procurement Technical Assistance Centers, or national organizations with expertise in Federal contracting or that provide contracting certifications; and (ii) log the progress of the covered small business concern on the training carried out under clause (i) in the annual review submitted by the covered small business concern. (B) Exception (i) In general The requirements under subparagraph (A)(i) shall be waived for a covered small business concern if, before reaching 36 hours of training under subparagraph (A)(i), the covered small business concern is awarded a contract under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (ii) Requirement to log Notwithstanding clause (i), a covered small business concern that receives a waiver under clause (i) is required to log the training in which the small business concern participates under subparagraph (A) in accordance with clause (ii) of such subparagraph. (c) Transition period (1) Definitions In this subsection— (A) the term covered small business concern 15 U.S.C. 637(a) (B) the term economically disadvantaged individual 15 U.S.C. 637(a)(6)(A) (2) Increased amounts The Administrator may permit the owner of a covered small business concern to have an adjusted gross income and personal net worth that is not more than 3 times higher than the amount allowed for the covered small business program under the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (A) an investment in the covered small business concern to continue to compete in the Federal contracting market, such as investment in company infrastructure; (B) a plan for how the covered small business concern is being prepared to compete for Federal contracts after exiting the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (C) any other metrics as determined by the Administrator. 405. Administrative requirements for 8( a Not later than 90 days after the date of enactment of this Act, the Administrator shall issue or revise regulations to— (1) make the review process for small business concerns already certified under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (A) providing that, with respect to such an annual review, each such small business concern— (i) shall submit to the Administrator a new business plan, including a contract forecast, a transitional management plan, and an annual performance of contracts, and a business capture strategy approach only if the plan or approach, as applicable, has changed, as compared with the previous year; and (ii) may indicate to the Administrator that there has been no change to the business plan or business capture strategy approach described in clause (i) during the previous year; and (B) making such other reductions in the number of forms and documents submitted by each such small business concern that the Administrator determines necessary, while still ensuring that each such small business concern maintains good standing with respect to the program carried out under such section 8(a); (2) determine a new process for how the Administrator processes the annual review of each such small business concern that, at a minimum, requires the Administrator to conduct a review, which shall be expedited, of the small business concern when the small business concern is awarded a contract under such section 8(a); and (3) coordinate with the General Services Administration to streamline the Past Performance Questionnaire form for small business concerns and Federal agencies participating in the programs established under sections 8(a), 8(m), 31, and 36 of the Small Business Act ( 15 U.S.C. 637(a) 406. SBA representation on the Federal Acquisition Regulation Council Section 1302(b) of title 41, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking and (B) in subparagraph (D), by striking the period at the end and inserting ; and (C) by adding at the end the following: (E) the Administrator of the Small Business Administration. ; and (2) in paragraph (2)(A), by striking subparagraphs (B) to (D) subparagraphs (B) through (E) 407. Office of Small and Disadvantaged Business Utilization; Director Section 15(k)(3) of the Small Business Act ( 15 U.S.C. 644(k)(3) be at a level that is not less senior than the Under Secretary of Defense for Policy or the Under Secretary of Defense for Acquisition and Sustainment, appraisals), 408. Sole source thresholds The Small Business Act ( 15 U.S.C. 631 et seq. (1) in section 8 ( 15 U.S.C. 637 (A) in subsection (a)(1)(D)(i), by striking subclause (II) and inserting the following: (II) the anticipated award price of the contract (including options and options periods) will exceed— (aa) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development, except that such amount shall be $14,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; (bb) $14,000,000 (or $16,000,000, if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45) in the case of a contract opportunity described in item (aa), if the small business concern subcontracts with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (cc) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing, except that such amount shall be $16,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45; or (dd) $10,000,000 in the case of any other contract opportunity, except that such amount shall be $12,000,000 if the small business concern is a participating or graduated mentor in, or a joint venture established under, the mentor-protege program under section 45. ; and (B) in subsection (m)— (i) in paragraph (7)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; and (ii) in paragraph (8)(B), by striking clauses (i) and (ii) and inserting the following: (i) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (ii) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (iii) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (iv) $10,000,000 in the case of any other contract opportunity; and ; (2) in section 31(c)(2)(A)(ii) ( 15 U.S.C. 657a(c)(2)(A)(ii) (I) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (II) $14,000,000 in the case of a contract opportunity described in item (aa), if the qualified HUBZone small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (III) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (IV) $10,000,000 in the case of any other contract opportunity; and ; and (3) in section 36(c)(2) ( 15 U.S.C. 657f(c)(2) (A) $12,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for research and development; (B) $14,000,000 in the case of a contract opportunity described in item (aa), if the small business concern partners with an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (C) $14,000,000 in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (D) $10,000,000 in the case of any other contract opportunity; and . 409. Mentor-protege program (a) Removal of restriction on number of mentors (1) In general Section 45(b)(3)(A) of the Small Business Act ( 15 U.S.C. 657r(b)(3)(A) , including any restrictions (2) Regulations The Administrator shall issue regulations to provide that there is no restriction on the number of mentors under section 45 of the Small Business Act ( 15 U.S.C. 657r 15 U.S.C. 637(a) (b) Database The Administrator shall create an online centralized database for mentors and proteges (as defined in section 45 of the Small Business Act ( 15 U.S.C. 657r (c) Streamlined process The Administrator shall issue regulations to streamline the process for applying to the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r 410. Certification process (a) Regulations Not later than 1 year after the date of enactment of this Act, the Administrator shall issue regulations to streamline the certification process for small business concerns seeking to become certified as— (1) a participant in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (2) a small business concern owned and controlled by women; (3) a qualified HUBZone small business concern; or (4) a small business concern owned and controlled by service-disabled veterans. (b) Report Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that outlines how the Administrator plans to streamline the certification process described in subsection (a). 411. Repeal of bonafide office rule Section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) 412. Reports (a) Demographic data Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall— (1) make publicly available on the website of the Administration— (A) disaggregated data on the size and number of contracts in total by the Federal Government and by each Federal agency to small business concerns by demographics, including, at a minimum, the gender, race, and ethnicity categories published by the Administration in the disaggregated Federal contracting data in December 2021, and the size of the small business concern; and (B) data on the number of small business concerns owned and controlled by disabled individuals that are participating in the program established under section 8(a); and (2) with consultation with the Administrator of General Services, include on SAM.gov the ability for small business concerns to report the data described in paragraph (1)(B). (b) Review of size standards Not later than 180 days after the date of enactment of this Act, the Administrator shall conduct a review of and submit to Congress a report on the size standards applicable to participants in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (c) Ability To obtain set-Aside and sole source contracts Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on— (1) the ability of small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (A) small business concerns participating in that program that are not owned by Alaska Native Corporations or Native Hawaiian Organizations; and (B) small business concerns participating in that program that are owned by Alaska Native Corporations or Native Hawaiian Organizations; and (2) the best sole source thresholds to enable small business concerns participating in the program established under 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (d) Changes to 8( a Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on a plan to implement the changes to the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) 413. Authorization of appropriations There is authorized to be appropriated to the Administration— (1) for fiscal year 2023 and every fiscal year thereafter— (A) $20,000,000 to increase the number of procurement center representatives under section 15(l) of the Small Business Act ( 15 U.S.C. 644(l) (B) $20,000,000 to increase the number of district office business specialists available under the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) (C) $5,000,000 for costs related to certifying small business concerns as small business concerns owned and controlled by women; and (D) $400,000 for costs related to processing applications to participate in the mentor-protege program established under section 45 of the Small Business Act ( 15 U.S.C. 657r (2) for fiscal year 2023, to remain available until expended, $2,500,000 to replace the dynamic small business search database of the Administration. V Community Advantage Loan Program Permanency Act of 2022 501. Short title This title may be cited as the Community Advantage Loan Program Permanency Act of 2022 502. Findings Congress finds that— (1) capital access remains one of the largest barriers to overcome for socially and economically disadvantaged business owners as well as for the smallest small businesses; (2) according to the Double Jeopardy: COVID–19’s Concentrated Health and Wealth Effects in Black Communities study conducted by the Federal Reserve banks, in 2020— (A) firms owned by people of color are more likely to have weak capitalizations, limited bank relationships, and little in cash reserves; and (B) 51 percent of Black-owned businesses have less than 3 months of cash reserves in case of an emergency, which is nearly 7 percentage points higher than their peers; (3) according to the Small Business Credit Survey conducted by the Federal Reserve banks, in 2021— (A) 31 percent of firms that sought financing received the full financing sought by the firm; (B) firms owned by people of color were least likely to receive the full amount of financing sought by the firm, with 15 percent of Asian-owned businesses, 16 percent of Black-owned businesses, and 19 percent of Hispanic-owned businesses receiving full financing, as opposed to 35 percent of non-Hispanic White-owned businesses receiving full financing; and (C) firms with fewer employees were also least likely to receive the full financing sought by the firm, with 23 percent of businesses with 1 to 4 employees and 37 percent of businesses with 5 to 49 employees receiving full financing, as opposed to 55 percent of businesses with 50 to 499 employees receiving full financing; (4) the Community Advantage Pilot Program of the Administration has helped increase lending backed by the Administration to firms owned by people of color, women, and veterans and firms classified as startups; (5) from fiscal year 2018 to fiscal year 2022— (A) 13 percent of loans under the Community Advantage Pilot Program went to Black business owners, while 4 percent of loans under the loan program under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) 7(a) loan program (B) 15 percent of loans under the Community Advantage Pilot Program went to Hispanic business owners, while 8 percent of loans under the 7(a) loan program went to Hispanic business owners; (C) 20 percent of loans under the Community Advantage Pilot Program went to women business owners, while 17 percent of loans under the 7(a) loan program went to women business owners; and (D) 9 percent of loans under the Community Advantage Pilot Program went to veteran business owners, while 5 percent of loans under the 7(a) loan program went to veteran business owners; and (6) from fiscal year 2020 to fiscal year 2021, 14 percent of loans under the Community Advantage Pilot Program went to startup business owners, while 7 percent of loans under the 7(a) loan program went to startup business owners. 503. Community Advantage Loan Program (a) In general Section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) (38) Community Advantage Loan Program (A) Purposes The purposes of the Community Advantage Loan Program are— (i) to create a mission-oriented loan guarantee program that builds on the demonstrated success of the Community Advantage Pilot Program of the Administration, as established in 2011, to reach more underserved small business concerns; (ii) to increase lending to small business concerns in underserved and rural markets, including veterans and members of the military community, socially and economically disadvantaged individuals, as described in paragraphs (5) and (6)(A) of section 8(a), respectively, women, and new businesses; (iii) to ensure that the program under this subsection expands inclusion and more broadly meets congressional intent to reach borrowers who are unable to get credit elsewhere on reasonable terms and conditions; (iv) to help underserved small business concerns become bankable by utilizing the small dollar financing and business support experience of mission-oriented lenders; (v) to allow certain mission-oriented lenders, primarily financial intermediaries focused on economic development in underserved markets, access to guarantees for loans under this subsection (in this paragraph referred to as 7(a) loans (vi) to provide certainty for the lending partners that make loans under this subsection and to attract new lenders; (vii) to encourage collaboration between mission-oriented and conventional lenders under this subsection in order to support underserved small business concerns; and (viii) to assist covered institutions with providing business support services and technical assistance to small business concerns, when needed. (B) Definitions In this paragraph— (i) the term Community Advantage Network Partner (I) means a nonprofit, mission-oriented organization that acts as a Referral Agent to covered institutions in order to expand the reach of the program to small businesses in underserved markets; and (II) does not include a covered institution making loans under the program; (ii) the term covered institution (I) is— (aa) a development company, as defined in section 103 of the Small Business Investment Act of 1958 ( 15 U.S.C. 662 15 U.S.C. 695 et seq. (bb) a nonprofit intermediary, as defined in subsection (m)(11), participating in the microloan program under subsection (m); (cc) a non-federally regulated entity or a lending institution certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) (dd) an eligible intermediary, as defined in subsection (l)(1), participating in the Intermediary Lending Program established under subsection (l)(2); and (II) has approved and disbursed 10 similarly sized loans in the preceding 24-month period and is servicing not less than 10 similarly sized loans to small business concerns in the portfolio of the entity; (iii) the term existing business (iv) the term new business (v) the term program (vi) the term Referral Agent (vii) the term rural area (viii) the term small business concern in an underserved market (I) that is located in— (aa) a low- to moderate-income community; (bb) a HUBZone, as that term is defined in section 31(b); (cc) a rural area; or (dd) any area for which a disaster declaration or determination described in subparagraph (A), (B), (C), or (E) of subsection (b)(2) has been made that has not terminated more than 2 years before the date (or later, as determined by the Administrator) on which a loan is made to the small business concern under the program, except that, in the case of a major disaster described in subsection (b)(2)(A), that period shall be 5 years; (II) for which more than 50 percent of the employees reside in a low- or moderate-income community; (III) that is a new business; (IV) owned and controlled by socially and economically disadvantaged individuals, as described in paragraphs (5) and (6)(A) of section 8(a), respectively, which the Administrator, in carrying out the program, shall presume includes Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities; (V) owned and controlled by women; (VI) owned and controlled by veterans or spouses of veterans; (VII) owned and controlled by a member of an Indian Tribe individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 (VIII) owned and controlled by an individual who has completed a term of imprisonment in a Federal, State, or local jail or prison; (IX) owned and controlled by an individual with a disability, as that term is defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (X) as otherwise determined by the Administrator. (C) Establishment There is established a Community Advantage Loan Program under which the Administration may guarantee loans made by covered institutions under this subsection, with an emphasis on loans made to small business concerns in underserved markets. (D) Program levels In fiscal year 2023 and each fiscal year thereafter, not more than 10 percent of the number of loans guaranteed under this subsection may be guaranteed under the program. (E) Grandfathering of existing lenders Any covered institution that actively participated in the Community Advantage Pilot Program of the Administration and is in good standing, as determined by the Administration, on the day before the date of enactment of this paragraph— (i) shall retain designation in the program; (ii) shall not be required to submit an application to participate in the program; and (iii) for the purpose of determining the loan loss reserve amount of the covered institution, shall have participation in the Community Advantage Pilot Program included in the calculation under subparagraph (J). (F) Requirement to make loans to underserved markets Not less than 70 percent of loans made by a covered institution under the program shall consist of loans made to small business concerns in underserved markets. (G) Maximum loan amount The maximum loan amount for a loan guaranteed under the program is $350,000. (H) Interest rates The maximum allowable interest rate prescribed by the Administration on any financing made on a deferred basis pursuant to the program shall not exceed the maximum allowable interest rate under sections 120.213 and 120.214 of title 13, Code of Federal Regulations, or any successor regulations. (I) Refinancing of Community Advantage program loans A loan guaranteed under the program or guaranteed under the Community Advantage Pilot Program of the Administration may be refinanced into another 7(a) loan made by lender that does not participate in the program. (J) Loan loss reserve requirements (i) Loan loss reserve account for covered institutions A covered institution— (I) with not more than 5 years of participation in the program shall maintain a loan loss reserve account with an amount equal to 5 percent of the outstanding amount of the unguaranteed portion of the loan portfolio of the covered institution under the program; and (II) with more than 5 years of participation in the program shall maintain a loan loss reserve account with an amount equal to the average repurchase rate of the covered institution over the preceding 36-month period. (ii) Additional loan loss reserve amount for selling loans on the secondary market In addition to the amount required in the loan loss reserve account under clause (i), a covered institution that sells a program loan on the secondary market shall be required to maintain the following additional amounts in the loan loss reserve account: (I) An amount equal to 2 percent of the guaranteed portion of each program loan sold on the secondary market for lenders with less than 5 years experience selling program loans on the secondary market. (II) An amount equal to the average repurchase rate for loans sold by the lender on the secondary market over the preceding 36 months for lenders with more than 5 years experience selling program loans on the secondary market. (iii) Recalculation The loan loss reserve required under clauses (i) and (ii) shall be recalculated on October 1 of each year. (K) Training The Administration— (i) shall provide accessible upfront and ongoing training for covered institutions making loans under the program to support program compliance and improve the interface between the covered institutions and the Administration, which shall include— (I) guidance for following the regulations of the Administration; and (II) guidance specific to mission-oriented lending that is intended to help lenders effectively reach and support underserved small business concerns, including management and technical assistance delivery; (ii) shall ensure that the training described in clause (i) is provided for free or at a low cost; (iii) may enter into a contract to provide the training described in clause (i) with an organization with expertise in lending under this subsection and primarily specializing in mission-oriented lending, and lending to underserved markets; and (iv) shall provide training for the employees and contractors of the Administration that regularly engage with covered institutions or borrowers in the program. (L) Community advantage outreach and education The Administrator— (i) shall develop and implement a program to promote to, conduct outreach to, and educate prospective covered institutions about the program, with a focus on women- and minority-owned covered institutions; and (ii) may enter into a contract with 1 or more nonprofit organizations experienced in working with and training mission-driven lenders to provide the outreach and education described in clause (i). (M) Community advantage network partner participation (i) In general A covered institution that uses a Community Advantage Network Partner shall abide by policies and procedures of the Administration concerning the use of Referral Agent fees permitted by the Administration and disclosure of those fees. (ii) Payment of fees Notwithstanding any other provision of law, all fees described in clause (i) shall be paid by the covered institution to the Community Advantage Network Partner upon disbursement of the applicable program loan. (N) Delegated authority A covered institution is not eligible to receive delegated authority from the Administration under the program until the covered institution has approved and fully disbursed not less than 10 loans under the program and the Administration had evaluated the ability of the covered institution to fulfill program requirements. (O) Reporting (i) Weekly reports (I) In general The Administration shall report on the website of the Administration, as part of the weekly reports on lending approvals under this subsection— (aa) on and after the date of enactment of this paragraph, the number and dollar amount of loans guaranteed under the Community Advantage Pilot Program of the Administration; and (bb) on and after the date on which the Administration begins to approve loans under the program, the number and dollar amount of loans guaranteed under the program. (II) Separate accounting The number and dollar amount of loans reported in a weekly report under subclause (I) for loans guaranteed under the Community Advantage Pilot Program of the Administration and under the program shall include a breakdown by the categories of race, ethnicity, and gender of the owners of the small business concerns, by whether the small business concern is a new or existing small business concern, and by whether the small business concern is located in an urban or rural area, and broken down by— (aa) loans of not more than $50,000; (bb) loans of more than $50,000 and not more than $150,000; (cc) loans of more than $150,000 and not more than $250,000; and (dd) loans of more than $250,000 and not more than $350,000. (ii) Annual reports (I) In general For each fiscal year in which the program is in effect, the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, and make publicly available on the internet, information about loans provided under the program and under the Community Advantage Pilot Program of the Administration. (II) Contents Each report submitted and made publicly available under subclause (I) shall include— (aa) the number and dollar amounts of loans provided to small business concerns under the program, including a breakdown by— (AA) the gender of the owners of the small business concern; (BB) the race and ethnicity of the owners of the small business concern, disaggregated in a manner that captures all the racial groups specified in the American Community Survey conducted by the Bureau of the Census; (CC) whether the small business concern is located in an urban or rural area; and (DD) whether the small business concern is an existing business or a new business, as provided in the weekly reports on lending approvals under this subsection; (bb) the proportion of loans described in item (aa) compared to— (AA) other 7(a) loans of any amount; (BB) other 7(a) loans of similar amounts; (CC) express loans provided under paragraph (31) of similar amounts; and (DD) other 7(a) loans of similar amounts provided to small business concerns in underserved markets; (cc) a comparison of the number and dollar amounts of loans provided to small business concerns under the program and under each category of loans described in item (aa), broken down by— (AA) loans of not more than $50,000; (BB) loans of more than $50,000 and not more than $150,000; (CC) loans of more than $150,000 and not more than $250,000; and (DD) loans of more than $250,000 and not more than $350,000; (dd) the number and dollar amounts of loans provided to small business concerns under the program by State, and the jobs created or retained within each State; (ee) a list of covered institutions participating in the program and the Community Advantage Pilot Program of the Administration, including— (AA) the name, location, and contact information, such as the website and telephone number, of each covered institution; and (BB) a breakdown by the number and dollar amount of the loans approved for small business concerns; and (ff) the benchmarks established by the Community Advantage Working Group under subparagraph (O)(i). (III) Timing An annual report required under this clause shall— (aa) be submitted and made publicly available not later than December 1 of each year; and (bb) cover the lending activity for the fiscal year that ended on September 30 of that same year. (P) GAO report Not later than 5 years after the date of enactment of this paragraph, the Comptroller General of the United States shall submit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report— (i) assessing— (I) the extent to which the program fulfills the requirements of this paragraph; and (II) the performance of covered institutions participating in the program; and (ii) providing recommendations on the administration of the program and the findings under subclauses (I) and (II) of clause (i). (Q) Community Advantage Working Group (i) In general Not later than 90 days after the date of enactment of this paragraph, the Administrator shall establish a Community Advantage Working Group, which shall— (I) include— (aa) a geographically diverse representation of members from among covered institutions participating in the program; and (bb) representatives from the Office of Capital Access of the Administration, including the Office of Credit Risk Management, the Office of Financial Assistance, and the Office of Economic Opportunity; (II) develop recommendations on how the Administration can effectively manage, support, and promote the program and the mission of the program; (III) establish metrics of success and benchmarks that reflect the mission and population served by covered institutions under the program, which the Administration shall use to evaluate the performance of those covered institutions; (IV) establish criteria assessing the business support services and technical assistance needs of borrowers and methods to assess lender expertise to provide necessary services and assistance; and (V) institute regular and sustainable systems of communication between the Administration and covered institutions participating in the program. (ii) Report Not later than 1 year after the date of enactment of this paragraph, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes— (I) the recommendations of the Community Advantage Working Group established under clause (i); and (II) a recommended plan and timeline for implementation of those recommendations. (R) Regulations (i) In general Not later than 180 days after the date of enactment of this paragraph, the Administrator shall promulgate regulations governing the program, including metrics for lender performance, metrics of success and benchmarks of the program, and criteria for appropriate management and technical assistance. (ii) Updates The Administrator shall consult the report issued under subparagraph (P) and, not later than 180 days after submission of the report, promulgate any necessary changes to existing regulations of the Administration based on the recommendations contained in the report. (S) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to conduct outreach and education described in subparagraph (L). . (b) Participation Section 7(a)(2) of the Small Business Act ( 15 U.S.C. 636(a)(2) (1) in subparagraph (A), in the matter preceding clause (i), by striking and (F) (F), and (G) (2) by adding at the end the following: (G) Participation in the Community Advantage Loan Program In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be— (i) 80 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is more than $150,000 and not more than $350,000; or (ii) 90 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is not more than $150,000. . VI STEP Improvement Act of 2022 601. Short title This title may be cited as the STEP Improvement Act of 2022 602. State Trade Expansion Program (a) Application requirements Section 22(l)(3) of the Small Business Act ( 15 U.S.C. 649(l)(3) (1) in subparagraph (D)— (A) in clause (i), by inserting , including a budget plan for use of funds awarded under this subsection (B) by adding at the end the following: (iii) Timing The Associate Administrator shall— (I) publish information on how to apply for a grant under this subsection, including specific calculations and other determinations used to award such a grant, not later than March 31 of each year; (II) establish a deadline for the submission of applications that is not earlier than 60 days after the date on which the information is published under subclause (I) and that is not later than May 31; and (III) announce grant recipients not later than August 31 of each year. ; and (2) by adding at the end the following: (E) Application information The Associate Administrator shall clearly communicate to applicants and grant recipients any information about State Trade Expansion Program, including— (i) for each unsuccessful applicant for a grant awarded under this subsection, recommendations to improve a subsequent application for such a grant; and (ii) for each successful applicant for such a grant, an explanation for the amount awarded, if different from the amount requested in the application. (F) Budget plan revisions (i) In general A State receiving a grant under this subsection may revise the budget plan of the State submitted under subparagraph (D) after the disbursal of grant funds if— (I) the revision complies with allowable uses of grant funds under this subsection; and (II) such State submits notification of the revision to the Associate Administrator. (ii) Exception If a revision under clause (i) reallocates 10 percent or more of the amounts described in the budget plan of the State submitted under subparagraph (D), the State may not implement the revised budget plan without the approval of the Associate Administrator, unless the Associate Administrator fails to approve or deny the revised plan within 20 days after receipt of such revised plan. . (b) Survey Section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (1) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and (2) by inserting after paragraph (6) the following: (7) Survey The Associate Administrator shall conduct an annual survey of each State that received a grant under this subsection during the preceding year to solicit feedback on the program and develop best practices for grantees. . (c) Annual report Paragraph (8)(B) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (1) in clause (i)— (A) in subclause (III), by inserting , including the total number of eligible small business concerns assisted by the program (disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns) (B) in subclause (IV), by striking and (C) in subclause (V)— (i) by striking description of best practices detailed description of best practices (ii) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (VI) an analysis of the performance metrics described in clause (iii), including a determination of whether or not any goals relating to such performance metrics were met, and an analysis of the survey described in paragraph (7); and (VII) a description of lessons learned by grant recipients under this subsection that may apply to other assistance provided by the Administration. ; and (2) by adding at the end the following: (iii) Performance metrics Annually, the Associate Administrator shall collect data on eligible small business concerns assisted by the program for the following performance metrics: (I) Total number of such concerns, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns. (II) Total dollar amount of export sales by eligible small business concerns assisted by the program. (III) Number of such concerns that have not previously participated in an activity described in paragraph (2). (IV) Number of such concerns that, because of participation in the program, have accessed a new market. (V) Number of such concerns that, because of participation in the program, have created new jobs. (VI) Number of such concerns participating in foreign trade missions or trade show exhibitions, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns. . (d) Expansion of definition of eligible small business concern Section 22(l)(1)(A) of the Small Business Act ( 15 U.S.C. 649(l)(1)(A) (1) in clause (iii)(II), by adding and (2) by striking clause (iv); and (3) by redesignating clause (v) as clause (iv). (e) Authorization of appropriations Paragraph (10) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) fiscal years 2016 through 2020 fiscal years 2023 through 2026 (f) Report to Congress Not later than 1 year after the date of enactment of this Act, the Associate Administrator for International Trade of the Administration shall submit to Congress a report on the State Trade Expansion Program established under section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (1) the process developed for review of revised budget plans submitted under subparagraph (F) of section 22(l)(3) of the Small Business Act ( 15 U.S.C. 649(l)(3) (2) any changes made to streamline the application process to remove duplicative requirements and create a more transparent process; (3) the process developed to share best practices by States described in paragraph (8)(B)(i)(V) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (4) the process developed to communicate, both verbally and in writing, relevant information about the State Trade Expansion Program to all grant recipients in a timely manner. VII Veterans Programs 701. Veteran Federal procurement entrepreneurship training program (a) In general Section 32 of the Small Business Act ( 15 U.S.C. 657b (f) Veteran federal procurement entrepreneurship training program The Administrator, acting through the Associate Administrator, shall make grants to, or enter into a cooperative agreement with, not more than 1 nonprofit entity to operate a Federal procurement entrepreneurship training program to provide assistance to small business concerns owned and controlled by veterans regarding how to increase the likelihood of being awarded contracts with the Federal Government— (1) which shall be made to or entered into with a nonprofit entity that has a track record of successfully providing educational and job training services to targeted veteran populations from diverse locations; (2) under which the nonprofit entity may, at the discretion of the Administrator, be required to match any Federal funds received for the program with State, local, or private sector funds; and (3) under which the nonprofit entity shall use a diverse group of professional service experts, such as Federal, State, and local contracting experts and private sector industry experts with first-hand experience in Federal Government contracting, to provide instruction to small business concerns owned and controlled by veterans. . (b) Authorization of appropriations There are authorized to be appropriated to the Administration, $1,000,000 for each of fiscal years 2023 through 2027 to carry out section 32 of the Small Business Act ( 15 U.S.C. 657b 702. Boots to Business Program Section 32 of the Small Business Act ( 15 U.S.C. 657b (h) Boots to Business Program (1) Covered individual defined In this subsection, the term covered individual (A) a member of the Armed Forces, including the National Guard or Reserves; (B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code; (C) an individual who— (i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and (ii) was discharged or released from such service under conditions other than dishonorable; and (D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C). (2) Establishment During the period beginning on the date of enactment of this subsection and ending on September 30, 2027, the Administrator shall carry out a program to be known as the Boots to Business Program (3) Goals The goals of the Boots to Business Program are to— (A) provide assistance and in-depth training to covered individuals interested in business ownership; and (B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern. (4) Program components (A) In general The Boots to Business Program may include— (i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern; (ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern; (iii) an in-person classroom instruction component providing an introduction to the foundations of self-employment and ownership of a small business concern; and (iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan. (B) Collaboration The Administrator may— (i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and (ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 1071 (C) Use of resource partners and district offices (i) In general The Administrator shall— (I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and (II) to the maximum extent practicable, use district offices of the Administration and a variety of other resource partners and entities in administering the Boots to Business Program. (ii) Grant authority In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program. (D) Availability to Department of Defense and the Department of Labor The Administrator shall make available to the Secretary of Defense and the Secretary of Labor information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the websites of the Department of Defense and the Department of Labor relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense and the Secretary of Labor. (E) Availability to Department of Veterans Affairs In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display on the website of the Department of Veterans Affairs and at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program, which shall, at a minimum— (i) describe the Boots to Business Program and the services provided; and (ii) include eligibility requirements for participating in the Boots to Business Program. (F) Availability to other participating agencies The Administrator shall ensure information regarding the Boots to Business program, including all course materials and outreach materials related to the Boots to Business Program, is made available to other participating agencies in the Transition Assistance Program and upon request of other agencies. (5) Competitive bidding procedures The Administration shall use relevant competitive bidding procedures with respect to any contract or cooperative agreement executed by the Administration under the Boots to Business Program. (6) Publication of notice of funding opportunity Not later than 30 days before the deadline for submitting applications for any funding opportunity under the Boots to Business Program, the Administration shall publish a notice of the funding opportunity. (7) Report Not later than 180 days after the date of enactment of this subsection, and not less frequently than annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which— (A) may be included as part of another report submitted to such committees by the Administrator related to the Office of Veterans Business Development; and (B) shall summarize available information relating to— (i) grants awarded under paragraph (4)(C); (ii) the total cost of the Boots to Business Program; (iii) the number of program participants using each component of the Boots to Business Program; (iv) the completion rates for each component of the Boots to Business Program; (v) to the extent possible— (I) the demographics of program participants, to include gender, age, race, ethnicity, and relationship to military; (II) the number of program participants that connect with a district office of the Administration, a Veteran Business Outreach Center, or another resource partner of the Administration; (III) the number of program participants that start a small business concern; (IV) the results of the Boots to Business and Boots to Business Reboot course quality surveys conducted by the Office of Veterans Business Development before and after attending each of those courses, including a summary of any comments received from program participants; (V) the results of the Boots to Business Program outcome surveys conducted by the Office of Veterans Business Development, including a summary of any comments received from program participants; and (VI) the results of other germane participant satisfaction surveys; (C) an evaluation of the overall effectiveness of the Boots to Business Program based on each geographic region covered by the Administration during the most recent fiscal year; (D) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator; (E) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals; (F) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and (G) any additional information the Administrator determines necessary. . VIII Surety Bond Program 801. Expanding surety bond program Part B of title IV of the Small Business Investment Act of 1958 ( 15 U.S.C. 694a et seq. (1) in section 411(a) ( 15 U.S.C. 694b(a) (A) in paragraph (1)— (i) in subparagraph (A), by striking $6,500,000 $10,000,000 (ii) by amending subparagraph (B) to read as follows: (B) The Administrator may guarantee a surety under subparagraph (A) for a total work order or contract entered into by a Federal agency in an amount that does not exceed $20,000,000. ; and (2) in section 412 ( 15 U.S.C. 694c (A) in subsection (a), in the third sentence, by striking , excluding administrative expenses, (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) Not more than 5 percent of the amount that is in the fund described in subsection (a) at the beginning of each fiscal year may be obligated during that fiscal year to cover costs incurred by the Administration in connection with the management and administration of this part, including information technology and systems, personnel costs, outreach activities, and contracts related thereto. . IX SBIC Emerging Managers Program 901. Broadening investment by the SBIC program (a) Sense of congress It is the sense of Congress that the Office of Innovation and Investment should market to, engage with, and provide enhanced onboarding support to applicants for small business investment company licenses, with a priority to reach those companies that are managed by— (1) women; (2) socially disadvantaged individuals, as described in section 8(a)(5) of the Small Business Act ( 15 U.S.C. 637(a)(5) (3) economically disadvantaged individuals, as described in section 8(a)(6)(A) of the Small Business Act ( 15 U.S.C. 637(a)(6)(A) (4) veterans, as defined in section 101 of title 38, United States Code; or (5) individuals in rural or low-income areas, as determined by the Administrator using the most recently available data from the Bureau of the Census. (b) Amendment Part A of title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. 321. Emerging managers program (a) Definitions In this section: (1) Covered investments The term covered investments (A) infrastructure, including— (i) roads, bridges, and mass transit; (ii) water supply and sewer; (iii) the electrical grid; (iv) broadband and telecommunications; (v) clean energy; or (vi) child care and elder care; (B) manufacturing; (C) low-income communities, as defined in section 45D(e) (D) HUBZones, as defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) (E) small business concerns owned and controlled by a member of an Indian Tribe individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 (F) small business concerns owned and controlled by an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (G) small business concerns owned and controlled by a veteran, as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 (H) industries identified by the Administrator. (2) Emerging manager company The term emerging manager company (A) The partners of the firm have— (i) an investment track record of less than 10 years of combined investment experience; or (ii) a documented record of successful business experience. (B) The firm has a focus on underserved markets. (C) The firm is not less than 50 percent owned, managed, or controlled by— (i) women; (ii) socially disadvantaged individuals, as described in section 8(a)(5) of the Small Business Act ( 15 U.S.C. 637(a)(5) (iii) economically disadvantaged individuals, as described in section 8(a)(6)(A) of the Small Business Act ( 15 U.S.C. 637(a)(6)(A) (iv) veterans, as defined in section 101 of title 38, United States Code; (v) individuals in rural or low-income areas, as determined by the Administrator using the most recently available data from the Bureau of the Census; or (vi) individuals with disabilities, as defined in section 49 of the Small Business Act. (b) Establishment The Administrator shall establish an emerging managers program pursuant to which managers with substantial experience in operating small business investment companies— (1) may enter into a written agreement approved by the Administrator to provide guidance and assistance to an applicant for a license for a small business investment company license that is to be managed by an emerging manager company; and (2) may hold a minority financial interest in the small business investment company described in paragraph (1). (c) Licensing An applicant described in subsection (b) shall apply for a license under section 301(c) and shall— (1) have private capital not to exceed $100,000,000; (2) be managed by not less than two individuals; (3) be a second generation fund or earlier; and (4) focus its investment strategy on covered investments. (d) Waiver of maximum leverage The approval of a written agreement under subsection (b) by the Administrator shall operate as a waiver of the requirements of section 303(b)(2)(B) to the extent that such section would otherwise apply. (e) Increased leverage maximum An existing small business investment company that enters into a written agreement under subsection (b) may receive an increase in the maximum leverage cap of the company under section 303(b)(2)— (1) under subparagraph (A) of such section, with respect to a single license, by not more than $17,500,000; and (2) under subparagraph (B) of such section, with respect to multiple licenses under common control, by not more than $35,000,000. . X New Start Act of 2022 1001. Short title This title may be cited as the Necessary Entrepreneurship Workshops via the SBA to Transform and Assist Re-entry Training Act of 2022 NEW START Act of 2022 1002. Findings Congress finds that— (1) according to the Department of Justice, every year, over 600,000 individuals are released from prison and return home to their communities, and almost 77 percent of those individuals will reoffend within 5 years; (2) according to the Brookings Institute, an estimated 48.5 percent of formerly incarcerated individuals will remain unemployed or earn a negligible income for a period of 1 year post-incarceration, increasing the risk for recidivism; (3) according to the Florida State University Institute for Justice Research and Development, formerly incarcerated individuals see a reduction in earnings of 25 percent since criminal records make it difficult to find stable employment; (4) self-employment can provide economic stability for those who are otherwise locked out of the labor market; and (5) according to a paper entitled Entrepreneurship as a Response to Labor Market Discrimination for Formerly Incarcerated People (A) the average individual without a criminal record has a 7.09 percent likelihood of becoming an entrepreneur, but justice-impacted individuals were found to be more than 50 percent likely to choose entrepreneurship with a 12.69 percent likelihood of becoming an entrepreneur; (B) entrepreneurship reduces the likelihood of recidivism by 5.3 percent, which was a 32.5 percent decrease from average recidivism rates for regular employees who have been previously incarcerated; and (C) formerly incarcerated individuals who choose entrepreneurship make $2,700 more annually than formerly incarcerated employees and that the income gap between formerly incarcerated entrepreneurs and entrepreneurs with no criminal record was 38 percent lower than the income gap between formerly incarcerated employees and employees with no criminal record. 1003. Pilot program (a) Definitions In this title: (1) Covered individual The term covered individual (A) completed a term of imprisonment in Federal, State, or local jail or prison; and (B) meets the offense eligibility requirements set forth in any applicable policy notice or other guidance issued by the Administration for the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) (2) Intermediary; microloan The terms intermediary microloan 15 U.S.C. 636(m)(11) (3) Microloan intermediary The term microloan intermediary 15 U.S.C. 636(m) (4) Pilot program The term pilot program (b) Establishment Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to award grants to organizations over a 5-year period to create or support existing entrepreneurship development programs to provide assistance to covered individuals. (c) Grant requirements The Administrator shall— (1) award grants under the pilot program to organizations, or partnerships of organizations, which shall each receive a grant in an amount greater than $100,000 and less than $500,000 annually over the 5-year period in which the pilot program is in existence; and (2) allocate grants under the pilot program to ensure that the recipients are geographically varied throughout the United States. (d) Partnerships An applicant for a grant under the pilot program may form partnerships with other organizations for the purposes of the application submitted under subsection (e) and for conducting entrepreneurial development programming. (e) Application (1) In general An organization or partnership of organizations desiring a grant under the pilot program shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may reasonably require. (2) Contents An application submitted under paragraph (1) shall— (A) demonstrate that the applicant is a microloan intemediary or an organization that administers the Community Advantage Pilot Program of the Administration, or has a partnership with such an intermediary or organization, that may provide microloans to qualified covered individuals, or, to the extent that the applicant is a national organization in multiple different markets, that a separate microloan intermediary may be used in each such market; (B) demonstrate strong community ties, including those with the covered individual community, local businesses, and political leaders; (C) demonstrate an ability to provide a full range of entrepreneurial development programming on an ongoing basis; (D) include a plan for reaching covered individuals, including by identifying particular target populations within the community; (E) clearly define entrepreneurial development capabilities, including coordination with existing local resource partners of the Administration for additional training as necessary; (F) present an entrepreneurship development curriculum, which may be a nationally recognized model or based upon such a model; (G) include a list of each partner organization; and (H) include a comprehensive plan for the use of grant funds, including estimates for administrative and outreach costs of running and evaluating the entrepreneurship development program. (f) Priority In determining whether to award a grant under the pilot program, the Administrator may give priority to applicants based on— (1) whether the application includes a commitment from an existing or new non-Federal funding source to meet the matching requirement under subsection (g); (2) whether the application takes into account local economies and markets as a part of the educational component of the entrepreneurship development program; (3) the ability or plan of the applicant to provide entrepreneurial development services concurrent with employment or job training services; and (4) whether the applicant has a history of effectively providing entrepreneurial training or access to capital to covered individuals. (g) Matching requirement (1) In general As a condition of a grant provided under the pilot program, the Administrator shall require the recipient of the grant to contribute an amount equal to 25 percent of the amount of the grant, obtained solely from existing or new non-Federal sources. (2) Form In addition to cash or other direct funding, the contribution required under paragraph (1) may include indirect costs or in-kind contributions paid for under non-Federal programs. (h) Responsibilities A recipient of a grant under the pilot program shall, to the maximum extent possible, connect covered individuals to a range of Federal resources, including— (1) the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) (2) the Community Advantage Pilot Program of the Administration; (3) small business development centers, as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 (4) women’s business centers described in section 29 of the Small Business Act ( 15 U.S.C. 656 (5) chapters of the Service Corps of Retired Executives established under section 8(b)(1)(B) of the Small Business Act (( 15 U.S.C. 637(b)(1)(B) (6) Veteran Business Outreach Centers described in section 32 of the Small Business Act ( 15 U.S.C. 657b (7) business centers established by the Minority Business Development Agency. (i) Reports (1) In general Not later than 1 year after the date on which the Administrator establishes the pilot program, and every year thereafter until the pilot program terminates, the Administrator shall submit to Congress a report on the activities of the pilot program, including— (A) a list of each grantee organization and each partner organization; (B) the characteristics of covered individuals assisted under the entrepreneurship development programs, including race and ethnicity, gender, age, marital status, parental status, employment status, income, banking and credit history, and prior business experience; (C) the participation and attendance rates for all components of the entrepreneurship development programs; (D) the program retention rate; (E) to the greatest extent practicable, the most common reasons why participants do not complete the program; (F) the percentage of participants who remain non-justice involved during the calendar year of the program; (G) the level of the covered individuals' understanding of business concepts and principles; (H) the level of the covered individuals' greater confidence in leadership strengths, including the results of an industry-recognized behavioral assessment; (I) the covered individuals' progress made toward establishing a business; (J) the experiences and perceptions of the covered individuals; (K) the number and dollar amount of loans made to covered individuals; (L) the number and dollar amount of loans made or guaranteed by the Administration to covered individuals; and (M) such additional information as the Administrator may require. (2) GAO report Not later than 1 year after the date on which the pilot program terminates, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that evaluates— (A) the services that grant recipients provided to covered individuals assisted under entrepreneurship development programs; (B) oversight of the pilot program by the Administrator, including policies and procedures for monitoring the compliance by grant recipients with pilot program requirements and an assessment of the effectiveness of the pilot program; and (C) the overall performance of the pilot program and the impacts of the pilot program on grant recipients. (j) Rule of construction Nothing in this title may be construed to affect the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) (1) the requirements of that program; (2) the manner in which that program is carried out; or (3) the use or availability of any amounts that have been made available to carry out that program. (k) Authorization of appropriations There are authorized to be appropriated to the Administrator such sums as are necessary to carry out the pilot program. (l) Termination The pilot program shall terminate on the date that is 5 years after the date on which the Administrator establishes the pilot program. XI UPLIFT Act of 2022 1101. Short title This title may be cited as the Ushering Progress by Leveraging Innovation and Future Technology Act of 2022 UPLIFT Act of 2022 1102. Findings Congress finds the following: (1) Studies have found that incubators, accelerators, and other similar models are effective at increasing revenues, the number of employees, and the likelihood that the business venture will be successful for participants. (2) According to the Kauffman Foundation— (A) minority-owned and women-owned businesses are 1/2 (B) if minorities started businesses at the same rate as nonminorities, approximately 9,500,000 jobs would be added to the economy of the United States. (3) The Kauffman Foundation also found that the percentage of startups in rural communities has dropped from 20 percent in the 1980s to 12.2 percent. (4) According to the Martin Prosperity Institute, less than 1 percent of all venture capital funding goes to businesses located in rural areas. (5) According to PitchBook, around 2 percent of all venture capital funding goes to businesses with women founders. (6) According to Crunchbase, less than 3 percent of all venture capital funding goes to businesses with Black and Hispanic founders. (7) Historically Black colleges and universities, minority-serving institutions, and community colleges are anchor institutions that serve populations that tend to be underrepresented in entrepreneurship, particularly in high-growth sectors. 1103. Purposes The purposes of the Innovation Centers Program established under section 49 of the Small Business Act, as added by this title, are to— (1) spur economic growth in underserved communities by creating good paying jobs and pathways to prosperity; (2) increase prospects for success for small business concerns in underserved communities, which often suffer from higher business failure rates than the national average; (3) help create a pipeline for small business concerns in underserved and rural markets into high-growth sectors, where they are generally underrepresented; (4) help address the multi-decade decline in the rate of new business creation; (5) close the gaps that underserved small business concerns often have in terms of revenue and number of employees, which represent lost opportunity for the economy of the United States; and (6) encourage collaboration between the Administration and institutions of higher learning that serve low-income and minority communities. 1104. Innovation Centers Program (a) In general The Small Business Act ( 15 U.S.C. 631 et seq. (1) by redesignating section 49 ( 15 U.S.C. 631 (2) by inserting after section 48 ( 15 U.S.C. 657u 49. Innovation Centers Program (a) Definitions In this section: (1) Accelerator The term accelerator (A) that— (i) works with a startup or growing small business concern for a predetermined period; and (ii) provides mentorship and instruction to scale businesses; and (B) that may— (i) provide, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; and (ii) offer startup capital or the opportunity to raise capital from outside investors. (2) Federally recognized area of economic distress The term federally recognized area of economic distress (A) a HUBZone, as that term is defined in section 31(b); or (B) an area that has been designated as— (i) an empowerment zone under section 1391 (ii) a Promise Zone by the Secretary of Housing and Urban Development; or (iii) a low-income neighborhood or moderate-income neighborhood for purposes of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 et seq. (3) Growing; newly established; startup The terms growing newly established startup (4) Incubator The term incubator (A) that— (i) tends to work with startup and newly established small business concerns; and (ii) provides mentorship to startup and newly established small business concerns; and (B) that may— (i) provide a co-working environment or a month-to-month lease program; and (ii) work with a startup or newly established small business concern for a predetermined period or an open-ended period. (5) Individuals with disabilities The term individuals with a disability 42 U.S.C. 12102 (6) Eligible entity The term eligible entity (A) an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (B) a junior or community college, as defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) (7) Rural area The term rural area (8) Socially and economically disadvantaged individuals The term socially and economically disadvantaged individual (b) Establishment Not later than 1 year after the date of enactment of the UPLIFT Act of 2022, the Administrator shall develop and begin implementing a program (to be known as the Innovation Centers Program (c) Authority (1) In general The Administrator may— (A) enter into cooperative agreements to provide financial assistance to eligible entities to conduct 5-year projects for the benefit of startup, newly established, or growing small business concerns; and (B) renew a cooperative agreement entered into under this section for additional 3-year periods, in accordance with paragraph (3). (2) Project requirements A project conducted under a cooperative agreement under this section shall— (A) include operating as an accelerator, an incubator, or any other small business innovation-focused project as the Administrator approves; (B) be carried out in such locations as to provide maximum accessibility and benefits to the small business concerns that the project is intended to serve; (C) have a full-time staff, including a full-time director who shall— (i) have the authority to make expenditures under the budget of the project; and (ii) manage the activities carried out under the project; (D) include the joint provision of programs and services by the eligible entity and the Administration, which— (i) shall be jointly developed, negotiated, and agreed upon, with full participation of both parties, pursuant to an executed cooperative agreement between the eligible entity and the Administration; and (ii) shall include— (I) one-to-one individual counseling, as described in section 21(c)(3)(A); and (II) a formal, structured mentorship program; (E) incorporate continuous upgrades and modifications to the services and programs offered under the project, as needed to meet the changing and evolving needs of the business community; (F) involve working with underserved groups, which include— (i) women; (ii) socially and economically disadvantaged individuals; (iii) veterans; (iv) individuals with disabilities; or (v) startup, newly established, or growing small business concerns located in rural areas; (G) not impose or otherwise collect a fee or other compensation in connection with participation in the programs and services described in subparagraph (D)(ii); and (H) ensure that small business concerns participating in the project have access, including through resource partners, to information concerning Federal, State, and local regulations that affect small business concerns. (3) Continued funding (A) In general An eligible entity that enters into an initial cooperative agreement or a renewal of a cooperative under paragraph (1) may submit an application for a 3-year renewal of the cooperative agreement at such time, in such manner, and accompanied by such information as the Administrator may establish. (B) Application and approval criteria (i) Criteria The Administrator shall develop and publish criteria for the consideration and approval of applications for renewals by eligible entities under this paragraph, which shall take into account the structure and the stated goals of the project. (ii) Notification Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application. (C) Priority In allocating funds made available for cooperative agreements under this section, the Administrator shall give applications under this paragraph priority over first-time applications for cooperative agreements under paragraph (1)(A). (4) Limit on use of funds Amounts received by an eligible entity under a cooperative agreement under this section may not be used to provide capital to a participant in the project carried out under the cooperative agreement. (5) Scope of authority (A) Subject to appropriations The authority of the Administrator to enter into cooperative agreements under this section shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. (B) Suspension, termination, and failure to renew or extend After the Administrator has entered into a cooperative agreement with an eligible entity under this section, the Administrator may not suspend, terminate, or fail to renew or extend the cooperative agreement unless the Administrator provides the eligible entity with written notification setting forth the reasons for that action and affords the eligible entity an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 (d) Criteria (1) In general The Administrator shall— (A) establish and rank in terms of relative importance the criteria the Administrator shall use in awarding cooperative agreements under this section, which shall include— (i) whether the proposed project will be located in— (I) a federally recognized area of economic distress; (II) a rural area; or (III) an area lacking sufficient entrepreneurial development resources, as determined by the Administrator; and (ii) whether the proposed project demonstrates a commitment to partner with core stakeholders working with small business concerns in the relevant area, including— (I) investment and lending organizations; (II) nongovernmental organizations; (III) programs of State and local governments that are concerned with aiding small business concerns; (IV) Federal agencies; and (V) for-profit organizations with an expertise in small business innovation; (B) make publicly available, including on the website of the Administration, and state in each solicitation for applications for cooperative agreements under this section, the selection criteria and ranking established under subparagraph (A); and (C) evaluate and rank applicants for cooperative agreements under this section in accordance with the selection criteria and ranking established under subparagraph (A). (2) Contents The criteria established under paragraph (1)(A)— (A) for eligible entities that have in operation an accelerator, incubator, or other small business innovation-focused project, shall include the record of the eligible entity in assisting growing, newly established, and startup small business concerns, including, for each of the 3 full years before the date on which the eligible entity applies for a cooperative agreement under this section, or if the accelerator, incubator, or other small business innovation-focused project has been in operation for less than 3 years, for the most recent full year the accelerator, incubator, or other small business innovation-focused project was in operation— (i) the number and retention rate of growing, newly established, and startup business concerns in the program of the eligible entity; (ii) the average period of participation by growing, newly established, and startup small business concerns in the program of the eligible entity; (iii) the total and median capital raised by growing, newly established, and startup small business concerns participating in the program of the eligible entity; (iv) the number of investments or loans received by growing, newly established, and startup small business concerns participating in the program of the eligible entity; and (v) the total and median number of employees of growing, newly established, and startup small business concerns participating in the program of the eligible entity; and (B) for all eligible entities— (i) shall include whether the eligible entity— (I) indicates the structure and goals of the project; (II) demonstrates ties to the business community; (III) identifies the resources available for the project; (IV) describes the capabilities of the project, including coordination with local resource partners and local or national lending partners of the Administration; (V) addresses the unique business and economic challenges faced by the community in which the eligible entity is located and businesses in that community; or (VI) provides a proposed budget and plan for use of funds; and (ii) may include any other criteria determined appropriate by the Administrator. (e) Program examination (1) In general The Administrator shall— (A) develop and implement an annual programmatic and financial examination of each project conducted under this section, under which each eligible entity entering into a cooperative agreement under this section shall provide to the Administrator— (i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and (ii) documentation regarding— (I) the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the matching requirement under subsection (i); and (II) with respect to any in-kind contributions that were used to satisfy the matching requirement under subsection (i), verification of the existence and valuation of those contributions; and (B) analyze the results of each examination conducted under subparagraph (A) and, based on that analysis, make a determination regarding the programmatic and financial viability of each eligible entity. (2) Conditions for continued funding In determining whether to continue or renew a cooperative agreement under this section, the Administrator— (A) shall consider the results of the most recent examination of the project under paragraph (1); and (B) may terminate or not renew a cooperative agreement, if the Administrator determines that the eligible entity has failed to provide any information required to be provided (including information provided for purposes of the annual report by the Administrator under subsection (m)) or the information provided by the eligible entity is inadequate. (f) Training and technical assistance The Administrator— (1) shall provide in person or online training and technical assistance to each eligible entity entering into a cooperative agreement under this section at the beginning of the participation of the eligible entity in the Innovation Centers Program in order to build the capacity of the eligible entity and ensure compliance with procedures established by the Administrator; (2) shall ensure that the training and technical assistance described in paragraph (1) is provided at no cost or at a low cost; and (3) may enter into a contract to provide the training or technical assistance described in paragraph (1) with 1 or more organizations with expertise in the entrepreneurial development programs of the Administration, innovation, and entrepreneurial development. (g) Coordination In carrying out a project under this section, an eligible entity may coordinate with— (1) resource and lending partners of the Administration; (2) programs of State and local governments that are concerned with aiding small business concerns; and (3) other Federal agencies, including to provide services to and assist small business concerns in participating in the SBIR and STTR programs, as defined in section 9(e). (h) Funding limit The amount of financial assistance provided to an eligible entity under a cooperative agreement entered into under this section shall be not more than $400,000 during each year. (i) Matching requirement (1) In general An eligible entity shall contribute toward the cost of the project carried out under a cooperative agreement under this section an amount equal to 50 percent of the amount received under the cooperative agreement. (2) In-kind contributions Not more than 50 percent of the contribution of an eligible entity under paragraph (1) may be in the form of in-kind contributions. (3) Waiver (A) In general If the Administrator determines that an eligible entity is unable to meet the contribution requirement under paragraph (1), the Administrator may reduce the required contribution. (B) Presumption An eligible entity shall be presumed to be unable to meet the contribution requirement under paragraph (1) if the eligible entity has— (i) long-term debt in an amount that is less than $10,000,000; (ii) an invested market endowment in an amount that is less than $15,000,000; or (iii) total net liquid assets in an amount that is less than $15,000,000. (4) Failure to obtain non-federal funding If an eligible entity fails to obtain the required non-Federal contribution during any project, or the reduced non-Federal contribution, as determined by the Administrator— (A) the eligible entity shall not be eligible thereafter for any other project for which the eligible entity is or may be funded by the Administration; and (B) before approving assistance for the eligible entity for any other project, the Administrator shall specifically determine whether the Administrator believes that the eligible entity will be able to obtain the requisite non-Federal funding and enter a written finding setting the forth the reasons for making that determination. (5) Rule of construction The demonstrated inability of an eligible entity to meet the contribution requirement under paragraph (1) shall not disqualify the eligible entity from entering into a cooperative agreement under this section. (j) Contract authority (1) In general An eligible entity may enter into a contract with a Federal department or agency to provide specific assistance to startup, newly established, or growing small business concerns. (2) Performance Performance of a contract entered into under paragraph (1) may not hinder the applicable eligible entity in carrying out the terms of the cooperative agreement under this section. (3) Exemption from matching requirement A contract entered into under paragraph (1) shall not be subject to the matching requirement under subsection (i). (4) Additional provision Notwithstanding any other provision of law, a contract for assistance under paragraph (1) shall not be applied to any contracting goal for a Federal department or agency under section 15(g) with respect to small business concerns, small business concerns owned and controlled by women, or small business concerns owned and controlled by socially and economically disadvantaged individuals. (k) Privacy requirements (1) In general An eligible entity may not disclose the name, address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of that individual or small business concern, unless— (A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of an eligible entity, except that a disclosure under this subparagraph shall be limited to the information necessary for that financial audit. (2) Administration use of information This subsection shall not— (A) restrict Administration access to program activity data; or (B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. (3) Regulations The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under paragraph (1)(B). (l) Publication of information The Administrator shall— (1) publish information about the program under this section online, including— (A) on the website of the Administration; and (B) on the social media of the Administration; and (2) request that the resource and lending partners of the Administration and the district offices of the Administration publicize the program. (m) Annual reporting Not later than 1 year after the date on which the Administrator establishes the program under this section, and annually thereafter, the Administrator shall submit to Congress a report on the activities under the program, including— (1) the number of startup, newly established, and growing small business concerns participating in the project carried out by each eligible entity under a cooperative agreement under this section (referred to in this as participants (2) the retention rate for participants; (3) the total and median amount of capital accessed by participants, including the type of capital accessed; (4) the total and median number of employees of participants; (5) the number and median wage of jobs created by participants; (6) the number of jobs sustained by participants; and (7) information regarding such other metrics as the Administrator determines appropriate. (n) Funding (1) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Administrative expenses Of the amount made available to carry out this section for any fiscal year, not more than 10 percent may be used by the Administrator for administrative expenses. . (b) Regulations The Administrator shall promulgate regulations to carry out section 49 of the Small Business Act, as added by subsection (a).

Summary: Small Business Administration Reauthorization and Modernization Act of 2022 This bill modifies and reauthorizes various Small Business Administration programs, including the Women's Business Center program, the Small Business Development Center program, the SCORE business mentoring program, and the State Trade Expansion Program. It also provides for business ownership and entrepreneurship training to veterans.