I 
111TH CONGRESS 
2D SESSION 
H. R. 4929 
To amend the Small Business Act to ensure that certain Federal contracts 
are set aside for small businesses, to enhance services to small businesses 
that are disadvantaged, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 24, 2010 
Mr. RUSH introduced the following bill; which was referred to the Committee 
on Small Business, and in addition to the Committees on Financial Serv-
ices, Oversight and Government Reform, and Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Small Business Act to ensure that certain 
Federal contracts are set aside for small businesses, to 
enhance services to small businesses that are disadvan-
taged, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Expanding Opportunities for Main Street Act of 2010’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
DIVISION A—SMALL BUSINESS ADMINISTRATION PROVISIONS 
TITLE I—CONTRACT OPPORTUNITIES FOR SMALL BUSINESS 
CONCERNS 
Sec. 101. Contract opportunities for small business concerns. 
TITLE II—MINORITY SMALL BUSINESS ENHANCEMENT 
Sec. 201. Enhancement of services to small businesses that are disadvantaged. 
Sec. 202. Surety bond guarantees. 
Sec. 203. Bundled contracts. 
Sec. 204. Federal contracting goals. 
Sec. 205. Implementation of subcontracting plans. 
Sec. 206. Requirement to consider use of small business concerns owned and 
controlled by socially and economically disadvantaged individ-
uals when considering past compliance with subcontracting 
plans. 
TITLE III—EXTENSION OF BUSINESS STABILIZATION LOANS 
Sec. 301. Extension of business stabilization loans. 
DIVISION B—MINORITY BUSINESS DEVELOPMENT AGENCY 
PROVISIONS 
TITLE I—MINORITY BUSINESS DEVELOPMENT IMPROVEMENTS 
Sec. 101. Minority Business Development Program. 
Sec. 102. Qualified minority business. 
Sec. 103. Technical assistance. 
Sec. 104. Loan guarantees. 
Sec. 105. Set-aside contracting opportunities. 
Sec. 106. Termination from the Program. 
Sec. 107. Reports. 
Sec. 108. Definitions. 
TITLE II—MINORITY BUSINESS DEVELOPMENT AGENCY 
DATABASE 
Sec. 201. Minority Business Development Agency database. 
DIVISION C—COMMUNITY ECONOMIC DEVELOPMENT PROVISIONS 
TITLE I—ENSURING JOB QUALITY AND ACCESS IN THE 
CONSTRUCTION SECTOR 
Sec. 101. Targeted hiring requirement for certain construction jobs. 
TITLE II—2-YEAR EXTENSION OF NEW MARKETS TAX CREDIT 
NATIONAL LIMITATION 
Sec. 201. 2-year extension of new markets tax credit national limitation. 
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TITLE III—EXTENSION OF EMPOWERMENT ZONE DESIGNATION 
Sec. 301. Extension of empowerment zone designation. 
DIVISION A—SMALL BUSINESS 
ADMINISTRATION PROVISIONS 
TITLE I—CONTRACT OPPORTU-
NITIES FOR SMALL BUSINESS 
CONCERNS 
SEC. 101. CONTRACT OPPORTUNITIES FOR SMALL BUSI-
NESS CONCERNS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a Federal department or agency shall, to the 
extent practicable, award to a small business concern each 
eligible contract of such department or agency. 
(b) SOLE SOURCE CONTRACTS.—A Federal depart-
ment or agency may award an eligible contract to a small 
business concern if at least one small business concern 
submits an offer with respect to such contract. 
(c) AWARD
TO
SMALL
BUSINESS
NOT
PRAC-
TICABLE.— 
(1) IN GENERAL.—If a contracting officer of a 
Federal department or agency determines that 
awarding an eligible contract to a small business 
concern under subsection (a) is not practicable, such 
contracting officer shall make available to the Ad-
ministrator of the Small Business Administration 
and the public the following: 
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(A) The determination and reasoning of 
such officer with respect to such eligible con-
tract. 
(B) The names of each small business con-
cern that submitted an offer with respect to 
such eligible contract. 
(2) REVIEW.—The Administrator of the Small 
Business Administration may review each determina-
tion under paragraph (1) and, if the Administrator 
determines it appropriate, may open such contract 
opportunity for the submission of additional offers. 
(d) DEFINITIONS.—In this Act: 
(1) ELIGIBLE CONTRACT.—The term ‘‘eligible 
contract’’ means any contract for the acquisition of 
goods or services that is in an amount (including op-
tions) of more than $3,000 and less than $500,000. 
(2) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given 
such term under section 3(a) of the Small Business 
Act (15 U.S.C. 632(a)). 
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TITLE II—MINORITY SMALL 
BUSINESS ENHANCEMENT 
SEC. 201. ENHANCEMENT OF SERVICES TO SMALL BUSI-
NESSES THAT ARE DISADVANTAGED. 
(a) NET WORTH.—Section 8(a)(6)(A) of the Small 
Business Act (15 U.S.C. 637(a)(6)(A)) is amended by in-
serting after ‘‘disadvantaged individual.’’ the following: 
‘‘For purposes of eligibility for admission as a Program 
Participant and for continued eligibility after admission, 
the net worth of such individual may be any amount less 
than $1,500,000.’’. 
(b) 
TIME
LIMIT
ON
PARTICIPATION.—Section 
7(j)(15) of the Small Business Act (15 U.S.C. 636(j)(15)) 
is amended— 
(1) by redesignating subparagraphs (A) and 
(B) as clauses (i) and (ii), respectively; 
(2) by inserting ‘‘(A)’’ after ‘‘(15)’’; and 
(3) by adding at the end the following: 
‘‘(B) No time limitation relating to the period that 
a small business concern may receive developmental assist-
ance under the Program and contracts under section 8(a) 
shall apply to a small business concern that has not com-
pleted a contract under section 8(a).’’. 
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SEC. 202. SURETY BOND GUARANTEES. 
Section 508(f) of title V of division A of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111– 
5; 123 Stat. 159) is amended by striking ‘‘amendments 
made by this section’’ and inserting ‘‘amendment made 
by subsection (c)’’. 
SEC. 203. BUNDLED CONTRACTS. 
(a) DEFINITION.—Section 3(o) of the Small Business 
Act (15 U.S.C. 632(o)) is amended to read as follows: 
‘‘(o) DEFINITIONS OF BUNDLING OF CONTRACT RE-
QUIREMENTS AND RELATED TERMS.—For purposes of 
this Act: 
‘‘(1) BUNDLED CONTRACT.— 
‘‘(A) IN
GENERAL.—The term ‘bundled 
contract’ means a contract or order that is en-
tered into to meet procurement requirements 
that are consolidated in a bundling of contract 
requirements, without regard to its designation 
by the procuring agency or whether a study of 
the effects of the solicitation on civilian or mili-
tary personnel has been made. 
‘‘(B) EXCEPTIONS.—The term does not in-
clude— 
‘‘(i) a contract or order with an aggre-
gate dollar value below the dollar threshold 
specified in paragraph (5); or 
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‘‘(ii) a contract or order that is en-
tered into to meet procurement require-
ments, all of which are exempted require-
ments under paragraph (6). 
‘‘(2) 
BUNDLING
OF
CONTRACT
REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—The term ‘bundling of 
contract requirements’ means the use of any 
bundling methodology to satisfy 2 or more pro-
curement requirements for goods or services 
previously supplied or performed under separate 
smaller contracts or orders, or to satisfy 2 or 
more procurement requirements for construc-
tion services of a type historically performed 
under separate smaller contracts or orders, that 
is likely to be unsuitable for award to a small 
business concern due to— 
‘‘(i) the diversity, size, or specialized 
nature of the elements of the performance 
specified; 
‘‘(ii) the aggregate dollar value of the 
anticipated award; 
‘‘(iii) the geographical dispersion of 
the contract or order performance sites; or 
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‘‘(iv) any combination of the factors 
described in clauses (i), (ii), and (iii). 
‘‘(B) INCLUSION
OF
NEW
FEATURES
OR 
FUNCTIONS.—A combination of contract re-
quirements that would meet the definition of a 
bundling of contract requirements but for the 
addition of a procurement requirement with at 
least one new good or service shall be consid-
ered to be a bundling of contract requirements 
unless the new features or functions substan-
tially transform the goods or services and will 
provide measurably substantial benefits to the 
government in terms of quality, performance, or 
price. 
‘‘(C) EXCEPTIONS.—The term does not in-
clude— 
‘‘(i) the use of a bundling method-
ology for an anticipated award with an ag-
gregate dollar value below the dollar 
threshold specified in paragraph (5); or 
‘‘(ii) the use of a bundling method-
ology to meet procurement requirements, 
all of which are exempted requirements 
under paragraph (6). 
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‘‘(3) BUNDLING
METHODOLOGY.—The term 
‘bundling methodology’ means— 
‘‘(A) a solicitation to obtain offers for a 
single contract or order, or a multiple award 
contract or order; or 
‘‘(B) a solicitation of offers for the 
issuance of a task or a delivery order under an 
existing single or multiple award contract or 
order. 
‘‘(4) SEPARATE
SMALLER
CONTRACT.—The 
term ‘separate smaller contract’, with respect to 
bundling of contract requirements, means a contract 
or order that has been performed by 1 or more small 
business concerns or was suitable for award to 1 or 
more small business concerns. 
‘‘(5) DOLLAR THRESHOLD.—The term ‘dollar 
threshold’ means $65,000,000, if solely for construc-
tion services, and $5,000,000 with respect to all 
other circumstances. 
‘‘(6) EXEMPTED
REQUIREMENTS.—The term 
‘exempted requirement’ means a procurement re-
quirement solely for items that are not commercial 
items (as the term ‘commercial item’ is defined in 
section 4(12) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(12))). 
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‘‘(7) PROCUREMENT REQUIREMENT.—The term 
‘procurement requirement’ means a determination 
by an agency that a specified good or service is 
needed to satisfy the mission of the agency.’’. 
(b) PROPOSED PROCUREMENT REQUIREMENTS.— 
Section 15(a) of the Small Business Act (15 U.S.C. 
644(a)) is amended— 
(1) by striking ‘‘necessary and justified.’’ and 
inserting ‘‘necessary and justified, as well as identi-
fying information on the incumbent contract holders, 
a description of the industries which might be inter-
ested in bidding on the contract requirements, and 
the number of small businesses listed in the industry 
categories that could be excluded from future bid-
ding if the contract is combined or packaged.’’; and 
(2) by striking the sentence beginning ‘‘When-
ever the Administration and the contracting procure-
ment agency fail to agree,’’ and inserting the fol-
lowing: ‘‘Whenever the Administration and the con-
tracting procurement agency fail to agree, the Ad-
ministrator may review the proposed procurement, 
may delay the solicitation process for not more than 
10 days to make recommendations, and the matter 
shall be submitted to the Director of the Office of 
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Management and Budget to mediate the disagree-
ment.’’. 
SEC. 204. FEDERAL CONTRACTING GOALS. 
(a) INCREASE IN CERTAIN GOALS.—Section 15(g)(1) 
of the Small Business Act (15 U.S.C. 644(g)(1)) is 
amended— 
(1) by striking ‘‘not less than 23 percent’’ and 
inserting ‘‘not less than 25 percent’’; and 
(2) by striking ‘‘not less than 5 percent’’ each 
place it appears and inserting ‘‘not less than 10 per-
cent’’. 
(b) LIMITATION ON NUMBER OF CATEGORIES FOR 
WHICH A BUSINESS MAY QUALIFY.—Section 15(g) of the 
Small Business Act (15 U.S.C. 644(g)) is amended by 
adding at the end the following: 
‘‘(3) For purposes of this subsection and subsection 
(h), with respect to each procurement contract a small 
business concern may not qualify as more than 2 specified 
categories, regardless of whether such small business con-
cern satisfies the definition of more than 2 specified cat-
egories. The specified categories are small business con-
cerns, small business concerns owned and controlled by 
service-disabled veterans, qualified HUBZone small busi-
ness concerns, small business concerns owned and con-
trolled by socially and economically disadvantaged individ-
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uals, and small business concerns owned and controlled 
by women.’’. 
SEC. 205. IMPLEMENTATION OF SUBCONTRACTING PLANS. 
Section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) is amended by adding at the end the following: 
‘‘(12) In the case of any contract containing a sub-
contracting plan included pursuant to paragraph (4) or 
(5), the following apply: 
‘‘(A) The Federal agency awarding the contract 
shall include in the contract a clause providing for 
the withholding of not less than (i) $5,000 in the 
case of a contract in the amount of $100,000 or 
less, (ii) 3 percent of the contract amount in the 
case of a contract in an amount of more than 
$100,000 and less than $5,000,000, and (iii) 5 per-
cent of the contract amount in the case of a contract 
in an amount of $5,000,000 or more, if the con-
tractor does not achieve the percentage goal for the 
utilization of small business concerns owned and 
controlled by socially and economically disadvan-
taged individuals as set forth in the subcontracting 
plan. 
‘‘(B) The Federal agency awarding the contract 
shall require the contractor to provide written jus-
tification to the agency whenever the contractor, in 
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performing the contract, does not enter into a sub-
contract with, or substitutes another subcontractor 
for, a specific small business concern identified in 
the subcontracting plan. 
‘‘(13) The Administration shall establish a telephone 
line or other electronic means of communication through 
which any small business concern identified in a subcon-
tracting plan by an offeror or bidder may communicate 
to the Administration any concerns regarding major devi-
ations by prime contractors from the use of small business 
concerns as subcontractors under the prime contract as 
described in subcontracting plans.’’. 
SEC. 206. REQUIREMENT TO CONSIDER USE OF SMALL 
BUSINESS 
CONCERNS 
OWNED 
AND 
CON-
TROLLED BY SOCIALLY AND ECONOMICALLY 
DISADVANTAGED INDIVIDUALS WHEN CON-
SIDERING PAST COMPLIANCE WITH SUBCON-
TRACTING PLANS. 
Paragraphs (4)(C) and (5)(B) of section 8(d) of the 
Small Business Act (15 U.S.C. 637(d)) are each amended 
in the second sentence by inserting ‘‘, especially compli-
ance with the goal set forth in such plans for the utiliza-
tion of small business concerns owned and controlled by 
socially and economically disadvantaged individuals,’’ after 
‘‘other such subcontracting plans’’. 
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TITLE III—EXTENSION OF BUSI-
NESS STABILIZATION LOANS 
SEC. 301. EXTENSION OF BUSINESS STABILIZATION LOANS. 
Section 506(j) of title V of division A of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111– 
5; 123 Stat. 157) is amended by striking ‘‘September 30, 
2010’’ and inserting ‘‘September 30, 2011’’. 
DIVISION 
B—MINORITY 
BUSI-
NESS DEVELOPMENT AGENCY 
PROVISIONS 
TITLE I—MINORITY BUSINESS 
DEVELOPMENT IMPROVEMENTS 
SEC. 101. MINORITY BUSINESS DEVELOPMENT PROGRAM. 
The Director of the Minority Business Development 
Agency shall establish the Minority Business Development 
Program (in this title referred to as the ‘‘Program’’) to 
assist qualified minority businesses. The Program shall 
provide to such businesses the following: 
(1) Technical assistance. 
(2) Loan guarantees. 
(3) Contract procurement assistance. 
SEC. 102. QUALIFIED MINORITY BUSINESS. 
(a) CERTIFICATION.—For purposes of the Program, 
the Director may certify as a qualified minority business 
any entity that satisfies each of the following: 
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(1) Not less than 51 percent of the entity is di-
rectly and unconditionally owned or controlled by 
historically disadvantaged individuals. 
(2) Each officer or other individual who exer-
cises control over the regular operations of the entity 
is a historically disadvantaged individual. 
(3) The net worth of each principal of the enti-
ty is not greater than $2,000,000. (The equity of a 
disadvantaged owner in a primary personal residence 
shall be considered in this calculation.) 
(4) The principal place of business of the entity 
is in the United States. 
(5) Each principal of the entity maintains good 
character in the determination of the Director. 
(6) The entity engages in competitive and bona 
fide commercial business operations in not less than 
one sector of industry that has a North American 
Industry Classification System code. 
(7) The entity submits reports to the Director 
at such time, in such form, and containing such in-
formation as the Director may require. 
(8) Any additional requirements that the Direc-
tor determines appropriate. 
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(b) TERM OF CERTIFICATION.—A certification under 
this section shall be for a term of 5 years and may not 
be renewed. 
SEC. 103. TECHNICAL ASSISTANCE. 
(a) IN GENERAL.—In carrying out the Program, the 
Director may provide to qualified minority businesses 
technical assistance with regard to the following: 
(1) Writing business plans. 
(2) Marketing. 
(3) Management. 
(4) Securing sufficient financing for business 
operations. 
(b) CONTRACT AUTHORITY.—The Director may enter 
into agreements with persons to provide technical assist-
ance under this section. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $200,000,000 to the Di-
rector to carry out this section. Such sums shall remain 
available until expended. 
SEC. 104. LOAN GUARANTEES. 
(a) IN GENERAL.—Subject to subsection (b), the Di-
rector may guarantee up to 90 percent of the amount of 
a loan made to a qualified minority business to be used 
for business purposes, including the following: 
(1) Purchasing essential equipment. 
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(2) Payroll expenses. 
(3) Purchasing facilities. 
(4) Renovating facilities. 
(b) TERMS AND CONDITIONS.— 
(1) IN
GENERAL.—The Director may make 
guarantees under this section for projects on such 
terms and conditions as the Director determines ap-
propriate, after consultation with the Secretary of 
the Treasury, in accordance with this section. 
(2) REPAYMENT.—No guarantee shall be made 
under this section unless the Director determines 
that there is reasonable prospect of repayment of the 
principal and interest on the obligation by the bor-
rower. 
(3) DEFAULTS.— 
(A) PAYMENT BY DIRECTOR.— 
(i) IN GENERAL.—If a borrower de-
faults on the obligation (as defined in reg-
ulations promulgated by the Director and 
specified in the guarantee contract), the 
holder of the guarantee shall have the 
right to demand payment of the unpaid 
amount from the Director. 
(ii) 
PAYMENT
REQUIRED.—Within 
such period as may be specified in the 
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