H. R. 4818—643
SEC. 126. PROMOTION OF EFFECTIVE PRACTICES OF ELIGIBLE INTER-
MEDIARIES.
Section 27(c) of the Small Business Act (15 U.S.C. 654(c))
is amended to read as follows:
‘‘(c) PROMOTION OF EFFECTIVE PRACTICES OF ELIGIBLE INTER-
MEDIARIES.—
‘‘(1) 
TECHNICAL
ASSISTANCE
AND
INFORMATION.—The
Administrator, after consultation with the Director of the
Center for Substance Abuse and Prevention, shall provide tech-
nical assistance and information to each eligible intermediary
under subsection (b) regarding the most effective practices in
establishing and carrying out drug-free workplace programs.
‘‘(2) EVALUATION OF PROGRAM.—
‘‘(A) DATA COLLECTION AND ANALYSIS.—Each eligible
intermediary receiving a grant under this section shall
establish a system to collect and analyze information
regarding the effectiveness of drug-free workplace programs
established with assistance provided under this section
through the intermediary, including information regarding
any increase or decrease among employees in drug use,
awareness of the adverse consequences of drug use, and
absenteeism, injury, and disciplinary problems related to
drug use. Such system shall conform to such requirements
as the Administrator, after consultation with the Director
of the Center for Substance Abuse and Prevention, may
prescribe. Not more than 5 percent of the amount of each
grant made under subsection (b) shall be used by the
eligible intermediary to carry out this paragraph.
‘‘(B) METHOD
OF
EVALUATION.—The Administrator,
after consultation with the Director of the Center for Sub-
stance Abuse and Prevention, shall provide technical assist-
ance and guidance to each eligible intermediary receiving
a grant under subsection (b) regarding the collection and
analysis of information to evaluate the effectiveness of
drug-free workplace programs established with assistance
provided under this section, including the information
referred to in paragraph (1). Such assistance shall include
the identification of additional information suitable for
measuring the benefits of drug-free workplace programs
to the small business concern and to the concern’s
employees and the identification of methods suitable for
analyzing such information.’’.
SEC. 127. REPORT TO CONGRESS.
Not later than March 31, 2006, the Administrator, in consulta-
tion with the Secretary of Labor, the Secretary of Health and
Human Services, and the Director of National Drug Control Policy,
shall submit to Congress a report that—
(1) analyzes the information collected under section 27(c)
of the Small Business Act;
(2) identifies trends in such information; and
(3) evaluates the effectiveness of the drug-free workplace
programs established with assistance under section 27 of the
Small Business Act (15 U.S.C. 654).
H. R. 4818—644
Subtitle C—Administration Management
SEC. 131. LENDER EXAMINATION AND REVIEW FEES.
Section 5(b) of the Small Business Act (15 U.S.C. 634(b)) is
amended—
(1) in paragraph (12), by striking ‘‘and’’ at the end;
(2) in paragraph (13), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(14) require any lender authorized to make loans under
section 7 of this Act to pay examination and review fees, which
shall be deposited in the account for salaries and expenses
of the Administration, and shall be available for the costs
of examinations, reviews, and other lender oversight activities.’’.
SEC. 132. GIFTS AND CO-SPONSORSHIP OF EVENTS.
(a) IN GENERAL.—Section 4 of the Small Business Act (15
U.S.C. 633) is amended by adding at the end the following:
‘‘(g) GIFTS.—
‘‘(1) IN GENERAL.—The Administrator may, for purposes
of this Act, the Small Business Investment Act of 1954, and
title IV of the Women’s Business Ownership Act of 1988, solicit,
accept, hold, administer, utilize, and dispose of gifts, devises,
and bequests of cash, property (including tangible, intangible,
real, and personal), subsistence, and services. Notwithstanding
any other provision of law, the Administrator may utilize gifts,
devises, or bequests for marketing and outreach activities,
including the cost of promotional materials and wearing
apparel.
‘‘(2) AUDITS.—Any gift, devise, or bequest of cash accepted
by the Administrator shall be held in a separate account and
shall be subject to semi-annual audits by the Inspector General
of the Administration who shall report his findings to the
Congress.
‘‘(3) CONFLICTS OF INTEREST.—No gift, devise, or bequest
shall be solicited or accepted under the authority of this sub-
section if such solicitation or acceptance would, in the deter-
mination of the General Counsel, create a conflict of interest.
‘‘(4) ACCEPTANCE OF SERVICES AND FACILITIES FOR DISASTER
LOAN PROGRAM.—The Administrator may accept the services
and facilities of Federal, State, and local agencies and groups,
both public and private, and utilize such gratuitous services
and facilities as may, from time to time, be necessary, to
further the objectives of section 7(b).
‘‘(h) CO-SPONSORSHIP OF EVENTS.—
‘‘(1) AUTHORIZATION.—The Administrator, after consulta-
tion with the General Counsel, may provide assistance for
the benefit of small business through Administration-sponsored
activities, through cosponsored activities with any eligible
entity, or through such other activities that the Administrator
determines to be appropriate, including recognition events.
‘‘(2) ELIGIBLE ENTITY.—For purposes of this subsection, the
term ‘eligible entity’ means any for-profit or not-for-profit entity,
any Federal, State, or local government official, or any Federal,
State, or local government entity.
H. R. 4818—645
‘‘(3) PROHIBITION ON ENDORSEMENTS.—The Administrator
shall ensure that the Administration and any eligible entities
that cosponsor activities receive appropriate recognition for
such cosponsorship, and that such recognition does not con-
stitute or imply an endorsement by the Administration of any
product or service of such entity.
‘‘(4) AUTHORITY
TO
CHARGE
FEES.—Notwithstanding any
other provision of law, the Administrator may charge a partici-
pant in any activity sponsored or cosponsored by the Adminis-
tration a minimal fee, and retain and use such fee to cover
the costs of such activity.
‘‘(5) LIMITED
DELEGATION.—The Administrator may not
delegate the authority described in this subsection except to
the Deputy Administrator, an Associate Administrator, or an
Assistant Administrator.
‘‘(6) REPORT TO CONGRESS.—The Inspector General of the
Administration shall report semi-annually to Congress on the
Administrator’s use of authority under this subsection.
‘‘(7) RULEMAKING.—Not later than 180 days after the date
of enactment of this subsection, the Administrator shall promul-
gate regulations to carry out the provisions of this subsection.’’.
(b) CONFORMING AMENDMENTS.—Section 8(b)(1)(A) of the Small
Business Act (15 U.S.C. 637(b)(1)(A)) is amended—
(1) by striking clause (ii);
(2) by striking ‘‘(1)(A) to provide—’’ and all that follows
through ‘‘business concerns—’’ and inserting the following:
‘‘(1)(A) to provide technical, managerial, and informational
aids to small business concerns—’’;
(3) by redesignating subclauses (I) through (IV) as clauses
(i) through (iv), respectively;
(4) by redesignating items (aa) and (bb) of clause (ii), as
so redesignated by paragraph (3), as subclauses (I) and (II),
respectively; and
(5) by striking ‘‘; and’’ at the end of clause (iv), as so
redesignated by paragraph (3), and inserting a period.
(c) SUNSET PROVISION.—The amendments made by this section
are repealed on October 1, 2006.
Subtitle D—Entrepreneurial Development
Programs
CHAPTER 1—OFFICE OF ENTREPRENEURIAL
DEVELOPMENT
SEC. 141. SERVICE CORPS OF RETIRED EXECUTIVES.
(a) IN GENERAL.—Section 8(b)(1)(B) of the Small Business Act
(15 U.S.C. 637(b)(1)(B)) is amended—
(1) by striking ‘‘this Act; and to’’, and inserting ‘‘this Act.
To’’;
(2) by striking ‘‘may maintain at its headquarters’’ and
all that follows through ‘‘That any’’ and inserting ‘‘shall main-
tain at its headquarters and pay the salaries, benefits, and
expenses of a volunteer and professional staff to manage and
oversee the program. Any’’; and
(3) by striking the period at the end and inserting ‘‘and
the management of the contributions received.’’.