H. R. 5297 
One Hundred Eleventh Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the fifth day of January, two thousand and ten 
An Act 
To create the Small Business Lending Fund Program to direct the Secretary of 
the Treasury to make capital investments in eligible institutions in order to 
increase the availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job creation, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Small Business Jobs Act of 
2010’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—SMALL BUSINESSES 
Sec. 1001. Definitions. 
Subtitle A—Small Business Access to Credit 
Sec. 1101. Short title. 
PART I—NEXT STEPS FOR MAIN STREET CREDIT AVAILABILITY 
Sec. 1111. Section 7(a) business loans. 
Sec. 1112. Maximum loan amounts under 504 program. 
Sec. 1113. Maximum loan limits under microloan program. 
Sec. 1114. Loan guarantee enhancement extensions. 
Sec. 1115. New Markets Venture Capital company investment limitations. 
Sec. 1116. Alternative size standards. 
Sec. 1117. Sale of 7(a) loans in secondary market. 
Sec. 1118. Online lending platform. 
Sec. 1119. SBA Secondary Market Guarantee Authority. 
PART II—SMALL BUSINESS ACCESS TO CAPITAL 
Sec. 1122. Low-interest refinancing under the local development business loan pro-
gram. 
PART III—OTHER MATTERS 
Sec. 1131. Small business intermediary lending pilot program. 
Sec. 1132. Public policy goals. 
Sec. 1133. Floor plan pilot program extension. 
Sec. 1134. Guarantees for bonds and notes issued for community or economic devel-
opment purposes. 
Sec. 1135. Temporary express loan enhancement. 
Sec. 1136. Prohibition on using TARP funds or tax increases. 
Subtitle B—Small Business Trade and Exporting 
Sec. 1201. Short title. 
Sec. 1202. Definitions.
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Sec. 1203. Office of International Trade. 
Sec. 1204. Duties of the Office of International Trade. 
Sec. 1205. Export assistance centers. 
Sec. 1206. International trade finance programs. 
Sec. 1207. State Trade and Export Promotion Grant Program. 
Sec. 1208. Rural export promotion. 
Sec. 1209. International trade cooperation by small business development centers. 
Subtitle C—Small Business Contracting 
PART I—CONTRACT BUNDLING 
Sec. 1311. Small Business Act. 
Sec. 1312. Leadership and oversight. 
Sec. 1313. Consolidation of contract requirements. 
Sec. 1314. Small business teams pilot program. 
PART II—SUBCONTRACTING INTEGRITY 
Sec. 1321. Subcontracting misrepresentations. 
Sec. 1322. Small business subcontracting improvements. 
PART III—ACQUISITION PROCESS 
Sec. 1331. Reservation of prime contract awards for small businesses. 
Sec. 1332. Micro-purchase guidelines. 
Sec. 1333. Agency accountability. 
Sec. 1334. Payment of subcontractors. 
Sec. 1335. Repeal of Small Business Competitiveness Demonstration Program. 
PART IV—SMALL BUSINESS SIZE AND STATUS INTEGRITY 
Sec. 1341. Policy and presumptions. 
Sec. 1342. Annual certification. 
Sec. 1343. Training for contracting and enforcement personnel. 
Sec. 1344. Updated size standards. 
Sec. 1345. Study and report on the mentor-protege program. 
Sec. 1346. Contracting goals reports. 
Sec. 1347. Small business contracting parity. 
Subtitle D—Small Business Management and Counseling Assistance 
Sec. 1401. Matching requirements under small business programs. 
Sec. 1402. Grants for SBDCs. 
Subtitle E—Disaster Loan Improvement 
Sec. 1501. Aquaculture business disaster assistance. 
Subtitle F—Small Business Regulatory Relief 
Sec. 1601. Requirements providing for more detailed analyses. 
Sec. 1602. Office of advocacy. 
Subtitle G—Appropriations Provisions 
Sec. 1701. Salaries and expenses. 
Sec. 1702. Business loans program account. 
Sec. 1703. Community Development Financial Institutions Fund program account. 
Sec. 1704. Small business loan guarantee enhancement extensions. 
TITLE II—TAX PROVISIONS 
Sec. 2001. Short title. 
Subtitle A—Small Business Relief 
PART I—PROVIDING ACCESS TO CAPITAL 
Sec. 2011. Temporary exclusion of 100 percent of gain on certain small business 
stock. 
Sec. 2012. General business credits of eligible small businesses for 2010 carried 
back 5 years. 
Sec. 2013. General business credits of eligible small businesses in 2010 not subject 
to alternative minimum tax. 
Sec. 2014. Temporary reduction in recognition period for built-in gains tax. 
PART II—ENCOURAGING INVESTMENT 
Sec. 2021. Increased expensing limitations for 2010 and 2011; certain real property 
treated as section 179 property.
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Sec. 2022. Additional first-year depreciation for 50 percent of the basis of certain 
qualified property. 
Sec. 2023. Special rule for long-term contract accounting. 
PART III—PROMOTING ENTREPRENEURSHIP 
Sec. 2031. Increase in amount allowed as deduction for start-up expenditures in 
2010. 
Sec. 2032. Authorization of appropriations for the United States Trade Representa-
tive to develop market access opportunities for United States small- and 
medium-sized businesses and to enforce trade agreements. 
PART IV—PROMOTING SMALL BUSINESS FAIRNESS 
Sec. 2041. Limitation on penalty for failure to disclose reportable transactions 
based on resulting tax benefits. 
Sec. 2042. Deduction for health insurance costs in computing self-employment 
taxes in 2010. 
Sec. 2043. Removal of cellular telephones and similar telecommunications equip-
ment from listed property. 
Subtitle B—Revenue Provisions 
PART I—REDUCING THE TAX GAP 
Sec. 2101. Information reporting for rental property expense payments. 
Sec. 2102. Increase in information return penalties. 
Sec. 2103. Report on tax shelter penalties and certain other enforcement actions. 
Sec. 2104. Application of continuous levy to tax liabilities of certain Federal con-
tractors. 
PART II—PROMOTING RETIREMENT PREPARATION 
Sec. 2111. Participants in government section 457 plans allowed to treat elective 
deferrals as Roth contributions. 
Sec. 2112. Rollovers from elective deferral plans to designated Roth accounts. 
Sec. 2113. Special rules for annuities received from only a portion of a contract. 
PART III—CLOSING UNINTENDED LOOPHOLES 
Sec. 2121. Crude tall oil ineligible for cellulosic biofuel producer credit. 
Sec. 2122. Source rules for income on guarantees. 
PART IV—TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES 
Sec. 2131. Time for payment of corporate estimated taxes. 
TITLE III—STATE SMALL BUSINESS CREDIT INITIATIVE 
Sec. 3001. Short title. 
Sec. 3002. Definitions. 
Sec. 3003. Federal funds allocated to States. 
Sec. 3004. Approving States for participation. 
Sec. 3005. Approving State capital access programs. 
Sec. 3006. Approving collateral support and other innovative credit access and 
guarantee initiatives for small businesses and manufacturers. 
Sec. 3007. Reports. 
Sec. 3008. Remedies for State program termination or failures. 
Sec. 3009. Implementation and administration. 
Sec. 3010. Regulations. 
Sec. 3011. Oversight and audits. 
TITLE IV—ADDITIONAL SMALL BUSINESS PROVISIONS 
Subtitle A—Small Business Lending Fund 
Sec. 4101. Purpose. 
Sec. 4102. Definitions. 
Sec. 4103. Small business lending fund. 
Sec. 4104. Additional authorities of the Secretary. 
Sec. 4105. Considerations. 
Sec. 4106. Reports. 
Sec. 4107. Oversight and audits. 
Sec. 4108. Credit reform; funding. 
Sec. 4109. Termination and continuation of authorities. 
Sec. 4110. Preservation of authority. 
Sec. 4111. Assurances. 
Sec. 4112. Study and report with respect to women-owned, veteran-owned, and mi-
nority-owned businesses.
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Sec. 4113. Sense of Congress. 
Subtitle B—Other Provisions 
PART I—SMALL BUSINESS EXPORT PROMOTION INITIATIVES 
Sec. 4221. Short title. 
Sec. 4222. Global business development and promotion activities of the Department 
of Commerce. 
Sec. 4223. Additional funding to improve access to global markets for rural busi-
nesses. 
Sec. 4224. Additional funding for the ExporTech program. 
Sec. 4225. Additional funding for the market development cooperator program of 
the Department of Commerce. 
Sec. 4226. Hollings Manufacturing Partnership Program; Technology Innovation 
Program. 
Sec. 4227. Sense of the Senate concerning Federal collaboration with States on ex-
port promotion issues. 
Sec. 4228. Report on tariff and nontariff barriers. 
PART II—MEDICARE FRAUD 
Sec. 4241. Use of predictive modeling and other analytics technologies to identify 
and prevent waste, fraud, and abuse in the Medicare fee-for-service pro-
gram. 
TITLE V—BUDGETARY PROVISIONS 
Sec. 5001. Determination of budgetary effects. 
TITLE I—SMALL BUSINESSES 
SEC. 1001. DEFINITIONS. 
In this title— 
(1) the terms ‘‘Administration’’ and ‘‘Administrator’’ mean 
the Small Business Administration and the Administrator 
thereof, respectively; and 
(2) the term ‘‘small business concern’’ has the meaning 
given that term under section 3 of the Small Business Act 
(15 U.S.C. 632). 
Subtitle A—Small Business Access to 
Credit 
SEC. 1101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Small Business Job Creation 
and Access to Capital Act of 2010’’. 
PART I—NEXT STEPS FOR MAIN STREET 
CREDIT AVAILABILITY 
SEC. 1111. SECTION 7(a) BUSINESS LOANS. 
(a) AMENDMENT.—Section 7(a) of the Small Business Act (15 
U.S.C. 636(a)) is amended— 
(1) in paragraph (2)(A)— 
(A) in clause (i), by striking ‘‘75 percent’’ and inserting 
‘‘90 percent’’; and 
(B) in clause (ii), by striking ‘‘85 percent’’ and inserting 
‘‘90 percent’’; and 
(2) in paragraph (3)(A), by striking ‘‘$1,500,000 (or if the 
gross loan amount would exceed $2,000,000’’ and inserting 
‘‘$4,500,000 (or if the gross loan amount would exceed 
$5,000,000’’.
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(b) PROSPECTIVE REPEAL.—Effective January 1, 2011, section 
7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended— 
(1) in paragraph (2)(A)— 
(A) in clause (i), by striking ‘‘90 percent’’ and inserting 
‘‘75 percent’’; and 
(B) in clause (ii), by striking ‘‘90 percent’’ and inserting 
‘‘85 percent’’; and 
(2) in paragraph (3)(A), by striking ‘‘$4,500,000’’ and 
inserting ‘‘$3,750,000’’. 
SEC. 1112. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM. 
Section 502(2)(A) of the Small Business Investment Act of 
1958 (15 U.S.C. 696(2)(A)) is amended— 
(1) in clause (i), by striking ‘‘$1,500,000’’ and inserting 
‘‘$5,000,000’’; 
(2) in clause (ii), by striking ‘‘$2,000,000’’ and inserting 
‘‘$5,000,000’’; 
(3) in clause (iii), by striking ‘‘$4,000,000’’ and inserting 
‘‘$5,500,000’’; 
(4) in clause (iv), by striking ‘‘$4,000,000’’ and inserting 
‘‘$5,500,000’’; and 
(5) in clause (v), by striking ‘‘$4,000,000’’ and inserting 
‘‘$5,500,000’’. 
SEC. 1113. MAXIMUM LOAN LIMITS UNDER MICROLOAN PROGRAM. 
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) 
is amended— 
(1) in paragraph (1)(B)(iii), by striking ‘‘$35,000’’ and 
inserting ‘‘$50,000’’; 
(2) in paragraph (3)— 
(A) in subparagraph (C), by striking ‘‘$3,500,000’’ and 
inserting ‘‘$5,000,000’’; and 
(B) in subparagraph (E), by striking ‘‘$35,000’’ each 
place that term appears and inserting ‘‘$50,000’’; and 
(3) in paragraph (11)(B), by striking ‘‘$35,000’’ and inserting 
‘‘$50,000’’. 
SEC. 1114. LOAN GUARANTEE ENHANCEMENT EXTENSIONS. 
(a) FEES.—Section 501 of the American Recovery and Reinvest-
ment Act of 2009 (Public Law 111–5; 123 Stat. 151) is amended 
by striking ‘‘September 30, 2010’’ each place that term appears 
and inserting ‘‘December 31, 2010’’. 
(b) LOAN GUARANTEES.—Section 502(f) of division A of the 
American Recovery and Reinvestment Act of 2009 (Public Law 
111–5; 123 Stat. 153) is amended by striking ‘‘May 31, 2010’’ and 
inserting ‘‘December 31, 2010’’. 
SEC. 1115. NEW MARKETS VENTURE CAPITAL COMPANY INVESTMENT 
LIMITATIONS. 
Section 355 of the Small Business Investment Act of 1958 
(15 U.S.C. 689d) is amended by adding at the end the following: 
‘‘(e) INVESTMENT LIMITATIONS.— 
‘‘(1) DEFINITION.—In this subsection, the term ‘covered New 
Markets Venture Capital company’ means a New Markets Ven-
ture Capital company— 
‘‘(A) granted final approval by the Administrator under 
section 354(e) on or after March 1, 2002; and
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‘‘(B) that has obtained a financing from the Adminis-
trator. 
‘‘(2) LIMITATION.—Except to the extent approved by the 
Administrator, a covered New Markets Venture Capital com-
pany may not acquire or issue commitments for securities under 
this title for any single enterprise in an aggregate amount 
equal to more than 10 percent of the sum of— 
‘‘(A) the regulatory capital of the covered New Markets 
Venture Capital company; and 
‘‘(B) the total amount of leverage projected in the 
participation agreement of the covered New Markets Ven-
ture Capital.’’. 
SEC. 1116. ALTERNATIVE SIZE STANDARDS. 
Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is 
amended by adding at the end the following: 
‘‘(5) ALTERNATIVE SIZE STANDARD.— 
‘‘(A) IN GENERAL.—The Administrator shall establish an 
alternative size standard for applicants for business loans under 
section 7(a) and applicants for development company loans 
under title V of the Small Business Investment Act of 1958 
(15 U.S.C. 695 et seq.), that uses maximum tangible net worth 
and average net income as an alternative to the use of industry 
standards. 
‘‘(B) INTERIM RULE.—Until the date on which the alter-
native size standard established under subparagraph (A) is 
in effect, an applicant for a business loan under section 7(a) 
or an applicant for a development company loan under title 
V of the Small Business Investment Act of 1958 may be eligible 
for such a loan if— 
‘‘(i) the maximum tangible net worth of the applicant 
is not more than $15,000,000; and 
‘‘(ii) the average net income after Federal income taxes 
(excluding any carry-over losses) of the applicant for the 
2 full fiscal years before the date of the application is 
not more than $5,000,000.’’. 
SEC. 1117. SALE OF 7(a) LOANS IN SECONDARY MARKET. 
Section 5(g) of the Small Business Act (15 U.S.C. 634(g)) is 
amended by adding at the end the following: 
‘‘(6) If the amount of the guaranteed portion of any loan under 
section 7(a) is more than $500,000, the Administrator shall, upon 
request of a pool assembler, divide the loan guarantee into incre-
ments of $500,000 and 1 increment of any remaining amount less 
than $500,000, in order to permit the maximum amount of any 
loan in a pool to be not more than $500,000. Only 1 increment 
of any loan guarantee divided under this paragraph may be included 
in the same pool. Increments of loan guarantees to different bor-
rowers that are divided under this paragraph may be included 
in the same pool.’’. 
SEC. 1118. ONLINE LENDING PLATFORM. 
It is the sense of Congress that the Administrator of the Small 
Business Administration should establish a website that— 
(1) lists each lender that makes loans guaranteed by the 
Small Business Administration and provides information about 
the loan rates of each such lender; and
H. R. 5297—7 
(2) allows prospective borrowers to compare rates on loans 
guaranteed by the Small Business Administration. 
SEC. 1119. SBA SECONDARY MARKET GUARANTEE AUTHORITY. 
Section 503(f) of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 155) is 
amended by striking ‘‘on the date 2 years after the date of enact-
ment of this section’’ and inserting ‘‘2 years after the date of 
the first sale of a pool of first lien position 504 loans guaranteed 
under this section to a third-party investor’’. 
PART II—SMALL BUSINESS ACCESS TO 
CAPITAL 
SEC. 1122. LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOP-
MENT BUSINESS LOAN PROGRAM. 
(a) REFINANCING.—Section 502(7) of the Small Business Invest-
ment Act of 1958 (15 U.S.C. 696(7)) is amended by adding at 
the end the following: 
‘‘(C) REFINANCING NOT INVOLVING EXPANSIONS.— 
‘‘(i) DEFINITIONS.—In this subparagraph— 
‘‘(I) the term ‘borrower’ means a small business 
concern that submits an application to a develop-
ment company for financing under this subpara-
graph; 
‘‘(II) the term ‘eligible fixed asset’ means tan-
gible property relating to which the Administrator 
may provide financing under this section; and 
‘‘(III) the term ‘qualified debt’ means indebted-
ness— 
‘‘(aa) that— 
‘‘(AA) was incurred not less than 2 
years before the date of the application 
for assistance under this subparagraph; 
‘‘(BB) is a commercial loan; 
‘‘(CC) is not subject to a guarantee 
by a Federal agency; 
‘‘(DD) the proceeds of which were used 
to acquire an eligible fixed asset; 
‘‘(EE) was incurred for the benefit of 
the small business concern; and 
‘‘(FF) is collateralized by eligible fixed 
assets; and 
‘‘(bb) for which the borrower has been cur-
rent on all payments for not less than 1 year 
before the date of the application. 
‘‘(ii) AUTHORITY.—A project that does not involve 
the expansion of a small business concern may include 
the refinancing of qualified debt if— 
‘‘(I) the amount of the financing is not more 
than 90 percent of the value of the collateral for 
the financing, except that, if the appraised value 
of the eligible fixed assets serving as collateral 
for the financing is less than the amount equal 
to 125 percent of the amount of the financing, 
the borrower may provide additional cash or other 
collateral to eliminate any deficiency;
H. R. 5297—8 
‘‘(II) the borrower has been in operation for 
all of the 2-year period ending on the date of 
the loan; and 
‘‘(III) for a financing for which the Adminis-
trator determines there will be an additional cost 
attributable to the refinancing of the qualified 
debt, the borrower agrees to pay a fee in an amount 
equal to the anticipated additional cost. 
‘‘(iii) FINANCING FOR BUSINESS EXPENSES.— 
‘‘(I) FINANCING FOR BUSINESS EXPENSES.—The 
Administrator may provide financing to a borrower 
that receives financing that includes a refinancing 
of qualified debt under clause (ii), in addition to 
the refinancing under clause (ii), to be used solely 
for the payment of business expenses. 
‘‘(II) 
APPLICATION
FOR
FINANCING.—An 
application for financing under subclause (I) shall 
include— 
‘‘(aa) a specific description of the expenses 
for 
which 
the 
additional 
financing 
is 
requested; and 
‘‘(bb) an itemization of the amount of each 
expense. 
‘‘(III) CONDITION ON ADDITIONAL FINANCING.— 
A borrower may not use any part of the financing 
under this clause for non-business purposes. 
‘‘(iv) LOANS BASED ON JOBS.— 
‘‘(I) JOB CREATION AND RETENTION GOALS.— 
‘‘(aa) IN
GENERAL.—The Administrator 
may provide financing under this subpara-
graph for a borrower that meets the job cre-
ation goals under subsection (d) or (e) of sec-
tion 501. 
‘‘(bb) ALTERNATE JOB RETENTION GOAL.— 
The Administrator may provide financing 
under this subparagraph to a borrower that 
does not meet the goals described in item (aa) 
in an amount that is not more than the 
product obtained by multiplying the number 
of employees of the borrower by $65,000. 
‘‘(II) NUMBER
OF
EMPLOYEES.—For purposes 
of subclause (I), the number of employees of a 
borrower is equal to the sum of— 
‘‘(aa) the number of full-time employees 
of the borrower on the date on which the bor-
rower applies for a loan under this subpara-
graph; and 
‘‘(bb) the product obtained by multi-
plying— 
‘‘(AA) 
the 
number 
of 
part-time 
employees of the borrower on the date 
on which the borrower applies for a loan 
under this subparagraph; by 
‘‘(BB) 
the 
quotient 
obtained 
by 
dividing the average number of hours each 
part time employee of the borrower works 
each week by 40.
H. R. 5297—9 
‘‘(v) NONDELEGATION.—Notwithstanding section 
508(e), the Administrator may not permit a premier 
certified lender to approve or disapprove an application 
for assistance under this subparagraph. 
‘‘(vi) TOTAL AMOUNT OF LOANS.—The Administrator 
may provide not more than a total of $7,500,000,000 
of financing under this subparagraph for each fiscal 
year.’’. 
(b) PROSPECTIVE REPEAL.—Effective 2 years after the date of 
enactment of this Act, section 502(7) of the Small Business Invest-
ment Act of 1958 (15 U.S.C. 696(7)) is amended by striking subpara-
graph (C). 
(c) TECHNICAL CORRECTION.—Section 502(2)(A)(i) of the Small 
Business Investment Act of 1958 (15 U.S.C. 696(2)(A)(i)) is amended 
by striking ‘‘subparagraph (B) or (C)’’ and inserting ‘‘clause (ii), 
(iii), (iv), or (v)’’. 
PART III—OTHER MATTERS 
SEC. 1131. SMALL BUSINESS INTERMEDIARY LENDING PILOT PRO-
GRAM. 
(a) IN GENERAL.—Section 7 of the Small Business Act (15 
U.S.C. 636) is amended by striking subsection (l) and inserting 
the following: 
‘‘(l) SMALL BUSINESS INTERMEDIARY LENDING PILOT PROGRAM.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘eligible intermediary’— 
‘‘(i) means a private, nonprofit entity that— 
‘‘(I) seeks or has been awarded a loan from 
the Administrator to make loans to small business 
concerns under this subsection; and 
‘‘(II) has not less than 1 year of experience 
making loans to startup, newly established, or 
growing small business concerns; and 
‘‘(ii) includes— 
‘‘(I) a private, nonprofit community develop-
ment corporation; 
‘‘(II) 
a 
consortium 
of 
private, 
nonprofit 
organizations or nonprofit community development 
corporations; and 
‘‘(III) an agency of or nonprofit entity estab-
lished by a Native American Tribal Government; 
and 
‘‘(B) the term ‘Program’ means the small business inter-
mediary lending pilot program established under paragraph 
(2). 
‘‘(2) ESTABLISHMENT.—There is established a 3-year small 
business intermediary lending pilot program, under which the 
Administrator may make direct loans to eligible intermediaries, 
for the purpose of making loans to startup, newly established, 
and growing small business concerns. 
‘‘(3) PURPOSES.—The purposes of the Program are— 
‘‘(A) to assist small business concerns in areas suffering 
from a lack of credit due to poor economic conditions or 
changes in the financial market; and 
‘‘(B) to establish a loan program under which the 
Administrator may provide loans to eligible intermediaries
H. R. 5297—10 
to enable the eligible intermediaries to provide loans to 
startup, newly established, and growing small business 
concerns for working capital, real estate, or the acquisition 
of materials, supplies, or equipment. 
‘‘(4) LOANS TO ELIGIBLE INTERMEDIARIES.— 
‘‘(A) APPLICATION.—Each eligible intermediary desiring 
a loan under this subsection shall submit an application 
to the Administrator that describes— 
‘‘(i) the type of small business concerns to be 
assisted; 
‘‘(ii) the size and range of loans to be made; 
‘‘(iii) the interest rate and terms of loans to be 
made; 
‘‘(iv) the geographic area to be served and the 
economic, poverty, and unemployment characteristics 
of the area; 
‘‘(v) the status of small business concerns in the 
area to be served and an analysis of the availability 
of credit; and 
‘‘(vi) the qualifications of the applicant to carry 
out this subsection. 
‘‘(B) LOAN LIMITS.—No loan may be made to an eligible 
intermediary under this subsection if the total amount 
outstanding and committed to the eligible intermediary 
by the Administrator would, as a result of such loan, exceed 
$1,000,000 during the participation of the eligible inter-
mediary in the Program. 
‘‘(C) LOAN DURATION.—Loans made by the Adminis-
trator under this subsection shall be for a term of 20 
years. 
‘‘(D) APPLICABLE INTEREST RATES.—Loans made by the 
Administrator to an eligible intermediary under the Pro-
gram shall bear an annual interest rate equal to 1.00 
percent. 
‘‘(E) FEES; COLLATERAL.—The Administrator may not 
charge any fees or require collateral with respect to any 
loan made to an eligible intermediary under this sub-
section. 
‘‘(F) DELAYED PAYMENTS.—The Administrator shall not 
require the repayment of principal or interest on a loan 
made to an eligible intermediary under the Program during 
the 2-year period beginning on the date of the initial 
disbursement of funds under that loan. 
‘‘(G) MAXIMUM PARTICIPANTS AND AMOUNTS.—During 
each of fiscal years 2011, 2012, and 2013, the Administrator 
may make loans under the Program— 
‘‘(i) to not more than 20 eligible intermediaries; 
and 
‘‘(ii) in a total amount of not more than 
$20,000,000. 
‘‘(5) LOANS TO SMALL BUSINESS CONCERNS.— 
‘‘(A) IN
GENERAL.—The Administrator, through an 
eligible intermediary, shall make loans to startup, newly 
established, and growing small business concerns for 
working capital, real estate, and the acquisition of mate-
rials, supplies, furniture, fixtures, and equipment.
H. R. 5297—11 
‘‘(B) MAXIMUM LOAN.—An eligible intermediary may 
not make a loan under this subsection of more than 
$200,000 to any 1 small business concern. 
‘‘(C) APPLICABLE
INTEREST
RATES.—A loan made by 
an eligible intermediary to a small business concern under 
this subsection, may have a fixed or a variable interest 
rate, and shall bear an interest rate specified by the eligible 
intermediary in the application of the eligible intermediary 
for a loan under this subsection. 
‘‘(D) REVIEW RESTRICTIONS.—The Administrator may 
not review individual loans made by an eligible inter-
mediary to a small business concern before approval of 
the loan by the eligible intermediary. 
‘‘(6) TERMINATION.—The authority of the Administrator to 
make loans under the Program shall terminate 3 years after 
the date of enactment of the Small Business Job Creation 
and Access to Capital Act of 2010.’’. 
(b) RULEMAKING AUTHORITY.—Not later than 180 days after 
the date of enactment of this Act, the Administrator shall issue 
regulations to carry out section 7(l) of the Small Business Act, 
as amended by subsection (a). 
(c) AVAILABILITY
OF FUNDS.—Any amounts provided to the 
Administrator for the purposes of carrying out section 7(l) of the 
Small Business Act, as amended by subsection (a), shall remain 
available until expended. 
SEC. 1132. PUBLIC POLICY GOALS. 
Section 501(d)(3) of the Small Business Investment Act of 1958 
(15 U.S.C. 695(d)(3)) is amended— 
(1) in subparagraph (J), by striking ‘‘or’’ at the end; 
(2) in subparagraph (K), by striking the period at the 
end and inserting ‘‘, or’’; and 
(3) by adding at the end the following: 
‘‘(L) reduction of rates of unemployment in labor sur-
plus areas, as such areas are determined by the Secretary 
of Labor.’’. 
SEC. 1133. FLOOR PLAN PILOT PROGRAM EXTENSION. 
(a) IN GENERAL.—Section 7(a) of the Small Business Act (15 
U.S.C. 636(a)) is amended— 
(1) by redesignating paragraph (32), relating to increased 
veteran participation, as added by section 208 of the Military 
Reservist and Veteran Small Business Reauthorization and 
Opportunity Act of 2008 (Public Law 110–186; 122 Stat. 631), 
as paragraph (33); and 
(2) by adding at the end the following: 
‘‘(34) FLOOR PLAN FINANCING PROGRAM.— 
‘‘(A) DEFINITION.—In this paragraph, the term ‘eligible 
retail good’— 
‘‘(i) means a good for which a title may be obtained 
under State law; and 
‘‘(ii) includes an automobile, recreational vehicle, 
boat, and manufactured home. 
‘‘(B) PROGRAM.—The Administrator may guarantee the 
timely payment of an open-end extension of credit to a 
small business concern, the proceeds of which may be used 
for the purchase of eligible retail goods for resale.
H. R. 5297—12 
‘‘(C) AMOUNT.—An open-end extension of credit guaran-
teed under this paragraph shall be in an amount not less 
than $500,000 and not more than $5,000,000. 
‘‘(D) TERM.—An open-end extension of credit guaran-
teed under this paragraph shall have a term of not more 
than 5 years. 
‘‘(E) GUARANTEE
PERCENTAGE.—The Administrator 
may guarantee— 
‘‘(i) not less than 60 percent of an open-end exten-
sion of credit under this paragraph; and 
‘‘(ii) not more than 75 percent of an open-end 
extension of credit under this paragraph. 
‘‘(F) ADVANCE RATE.—The lender for an open-end exten-
sion of credit guaranteed under this paragraph may allow 
the borrower to draw funds on the line of credit in an 
amount equal to not more than 100 percent of the value 
of the eligible retail goods to be purchased.’’. 
(b) SUNSET.—Effective September 30, 2013, section 7(a) of the 
Small Business Act (15 U.S.C. 636(a)) is amended— 
(1) by striking paragraph (34); and 
(2) by redesignating paragraph (35), as added by section 
1206 of this Act, as paragraph (34). 
SEC. 1134. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMU-
NITY OR ECONOMIC DEVELOPMENT PURPOSES. 
The Riegle Community Development and Regulatory Improve-
ment Act of 1994 (12 U.S.C. 4701 et seq.) is amended by inserting 
after section 114 (12 U.S.C. 4713) the following: 
‘‘SEC. 114A. GUARANTEES FOR BONDS AND NOTES ISSUED FOR 
COMMUNITY OR ECONOMIC DEVELOPMENT PURPOSES. 
‘‘(a) DEFINITIONS.—In this section, the following definitions 
shall apply: 
‘‘(1) 
ELIGIBLE
COMMUNITY
DEVELOPMENT
FINANCIAL 
INSTITUTION.—The term ‘eligible community development finan-
cial institution’ means a community development financial 
institution (as described in section 1805.201 of title 12, Code 
of Federal Regulations, or any successor thereto) certified by 
the Secretary that has applied to a qualified issuer for, or 
been granted by a qualified issuer, a loan under the Program. 
‘‘(2) ELIGIBLE COMMUNITY OR ECONOMIC DEVELOPMENT PUR-
POSE.—The term ‘eligible community or economic development 
purpose’— 
‘‘(A) means any purpose described in section 108(b); 
and 
‘‘(B) includes the provision of community or economic 
development in low-income or underserved rural areas. 
‘‘(3) GUARANTEE.—The term ‘guarantee’ means a written 
agreement between the Secretary and a qualified issuer (or 
trustee), pursuant to which the Secretary ensures repayment 
of the verifiable losses of principal, interest, and call premium, 
if any, on notes or bonds issued by a qualified issuer to finance 
or refinance loans to eligible community development financial 
institutions. 
‘‘(4) LOAN.—The term ‘loan’ means any credit instrument 
that is extended under the Program for any eligible community 
or economic development purpose. 
‘‘(5) MASTER SERVICER.—
H. R. 5297—13 
‘‘(A) IN GENERAL.—The term ‘master servicer’ means 
any entity approved by the Secretary in accordance with 
subparagraph (B) to oversee the activities of servicers, as 
provided in subsection (f)(4). 
‘‘(B) APPROVAL CRITERIA FOR MASTER SERVICERS.—The 
Secretary shall approve or deny any application to become 
a master servicer under the Program not later than 90 
days after the date on which all required information is 
submitted to the Secretary, based on the capacity and 
experience of the applicant in— 
‘‘(i) loan administration, servicing, and loan moni-
toring; 
‘‘(ii) managing regional or national loan intake, 
processing, or servicing operational systems and infra-
structure; 
‘‘(iii) managing regional or national originator 
communication systems and infrastructure; 
‘‘(iv) developing and implementing training and 
other risk management strategies on a regional or 
national basis; and 
‘‘(v) compliance monitoring, investor relations, and 
reporting. 
‘‘(6) PROGRAM.—The term ‘Program’ means the guarantee 
Program for bonds and notes issued for eligible community 
or economic development purposes established under this sec-
tion. 
‘‘(7) 
PROGRAM
ADMINISTRATOR.—The 
term 
‘Program 
administrator’ means an entity designated by the issuer to 
perform administrative duties, as provided in subsection (f)(2). 
‘‘(8) QUALIFIED ISSUER.— 
‘‘(A) IN GENERAL.—The term ‘qualified issuer’ means 
a community development financial institution (or any 
entity designated to issue notes or bonds on behalf of 
such community development financial institution) that 
meets the qualification requirements of this paragraph. 
‘‘(B) APPROVAL CRITERIA FOR QUALIFIED ISSUERS.— 
‘‘(i) IN GENERAL.—The Secretary shall approve a 
qualified issuer for a guarantee under the Program 
in accordance with the requirements of this paragraph, 
and such additional requirements as the Secretary may 
establish, by regulation. 
‘‘(ii) TERMS
AND
QUALIFICATIONS.—A qualified 
issuer shall— 
‘‘(I) have appropriate expertise, capacity, and 
experience, or otherwise be qualified to make loans 
for eligible community or economic development 
purposes; 
‘‘(II) provide to the Secretary— 
‘‘(aa) an acceptable statement of the pro-
posed sources and uses of the funds; and 
‘‘(bb) a capital distribution plan that meets 
the requirements of subsection (c)(1); and 
‘‘(III) certify to the Secretary that the bonds 
or notes to be guaranteed are to be used for eligible 
community or economic development purposes. 
‘‘(C) DEPARTMENT OPINION; TIMING.—
H. R. 5297—14 
‘‘(i) DEPARTMENT OPINION.—Not later than 30 days 
after the date of a request by a qualified issuer for 
approval of a guarantee under the Program, the Sec-
retary shall provide an opinion regarding compliance 
by the issuer with the requirements of the Program 
under this section. 
‘‘(ii) TIMING.—The Secretary shall approve or deny 
a guarantee under this section after consideration of 
the opinion provided to the Secretary under clause 
(i), and in no case later than 90 days after receipt 
of all required information by the Secretary with 
respect to a request for such guarantee. 
‘‘(9) SECRETARY.—The term ‘Secretary’ means the Secretary 
of the Treasury. 
‘‘(10) SERVICER.—The term ‘servicer’ means an entity des-
ignated by the issuer to perform various servicing duties, as 
provided in subsection (f)(3). 
‘‘(b) GUARANTEES AUTHORIZED.—The Secretary shall guarantee 
payments on bonds or notes issued by any qualified issuer, if 
the proceeds of the bonds or notes are used in accordance with 
this section to make loans to eligible community development finan-
cial institutions— 
‘‘(1) for eligible community or economic development pur-
poses; or 
‘‘(2) to refinance loans or notes issued for such purposes. 
‘‘(c) GENERAL PROGRAM REQUIREMENTS.— 
‘‘(1) IN GENERAL.—A capital distribution plan meets the 
requirements of this subsection, if not less than 90 percent 
of the principal amount of guaranteed bonds or notes (other 
than costs of issuance fees) are used to make loans for any 
eligible community or economic development purpose, measured 
annually, beginning at the end of the 1-year period beginning 
on the issuance date of such guaranteed bonds or notes. 
‘‘(2) RELENDING ACCOUNT.—Not more than 10 percent of 
the principal amount of guaranteed bonds or notes, multiplied 
by an amount equal to the outstanding principal balance of 
issued notes or bonds, minus the risk-share pool amount under 
subsection (d), may be held in a relending account and may 
be made available for new eligible community or economic 
development purposes. 
‘‘(3) LIMITATIONS
ON
UNPAID
PRINCIPAL
BALANCES.—The 
proceeds of guaranteed bonds or notes under the Program may 
not be used to pay fees (other than costs of issuance fees), 
and shall be held in— 
‘‘(A) community or economic development loans; 
‘‘(B) a relending account, to the extent authorized 
under paragraph (2); or 
‘‘(C) a risk-share pool established under subsection (d). 
‘‘(4) REPAYMENT.—If a qualified issuer fails to meet the 
requirements of paragraph (1) by the end of the 90-day period 
beginning at the end of the annual measurement period, repay-
ment shall be made on that portion of bonds or notes necessary 
to bring the bonds or notes that remain outstanding after 
such repayment into compliance with the 90 percent require-
ment of paragraph (1). 
‘‘(5) PROHIBITED
USES.—The Secretary shall, by regula-
tion—
H. R. 5297—15 
‘‘(A) prohibit, as appropriate, certain uses of amounts 
from the guarantee of a bond or note under the Program, 
including the use of such funds for political activities, lob-
bying, outreach, counseling services, or travel expenses; 
and 
‘‘(B) provide that the guarantee of a bond or note 
under the Program may not be used for salaries or other 
administrative costs of— 
‘‘(i) the qualified issuer; or 
‘‘(ii) any recipient of amounts from the guarantee 
of a bond or note. 
‘‘(d) RISK-SHARE POOL.—Each qualified issuer shall, during the 
term of a guarantee provided under the Program, establish a risk- 
share pool, capitalized by contributions from eligible community 
development financial institution participants an amount equal to 
3 percent of the guaranteed amount outstanding on the subject 
notes and bonds. 
‘‘(e) GUARANTEES.— 
‘‘(1) IN GENERAL.—A guarantee issued under the Program 
shall— 
‘‘(A) be for the full amount of a bond or note, including 
the amount of principal, interest, and call premiums; 
‘‘(B) be fully assignable and transferable to the capital 
market, on terms and conditions that are consistent with 
comparable Government-guaranteed bonds, and satisfac-
tory to the Secretary; 
‘‘(C) represent the full faith and credit of the United 
States; and 
‘‘(D) not exceed 30 years. 
‘‘(2) LIMITATIONS.— 
‘‘(A) ANNUAL NUMBER OF GUARANTEES.—The Secretary 
shall issue not more than 10 guarantees in any calendar 
year under the Program. 
‘‘(B) GUARANTEE
AMOUNT.—The Secretary may not 
guarantee any amount under the Program equal to less 
than $100,000,000, but the total of all such guarantees 
in any fiscal year may not exceed $1,000,000,000. 
‘‘(f) SERVICING OF TRANSACTIONS.— 
‘‘(1) IN GENERAL.—To maximize efficiencies and minimize 
cost and interest rates, loans made under this section may 
be serviced by qualified Program administrators, bond servicers, 
and a master servicer. 
‘‘(2) DUTIES OF PROGRAM ADMINISTRATOR.—The duties of 
a Program administrator shall include— 
‘‘(A) approving and qualifying eligible community 
development financial institution applications for participa-
tion in the Program; 
‘‘(B) compliance monitoring; 
‘‘(C) bond packaging in connection with the Program; 
and 
‘‘(D) all other duties and related services that are cus-
tomarily expected of a Program administrator. 
‘‘(3) DUTIES OF SERVICER.—The duties of a servicer shall 
include— 
‘‘(A) billing and collecting loan payments; 
‘‘(B) initiating collection activities on past-due loans;
H. R. 5297—16 
‘‘(C) transferring loan payments to the master servicing 
accounts; 
‘‘(D) loan administration and servicing; 
‘‘(E) systematic and timely reporting of loan perform-
ance through remittance and servicing reports; 
‘‘(F) proper measurement of annual outstanding loan 
requirements; and 
‘‘(G) all other duties and related services that are cus-
tomarily expected of servicers. 
‘‘(4) DUTIES OF MASTER SERVICER.—The duties of a master 
servicer shall include— 
‘‘(A) tracking the movement of funds between the 
accounts of the master servicer and any other servicer; 
‘‘(B) ensuring orderly receipt of the monthly remittance 
and servicing reports of the servicer; 
‘‘(C) monitoring the collection comments and fore-
closure actions; 
‘‘(D) aggregating the reporting and distribution of funds 
to trustees and investors; 
‘‘(E) removing and replacing a servicer, as necessary; 
‘‘(F) loan administration and servicing; 
‘‘(G) systematic and timely reporting of loan perform-
ance compiled from all bond servicers’ reports; 
‘‘(H) proper distribution of funds to investors; and 
‘‘(I) all other duties and related services that are cus-
tomarily expected of a master servicer. 
‘‘(g) FEES.— 
‘‘(1) IN GENERAL.—A qualified issuer that receives a guar-
antee issued under this section on a bond or note shall pay 
a fee to the Secretary, in an amount equal to 10 basis points 
of the amount of the unpaid principal of the bond or note 
guaranteed. 
‘‘(2) PAYMENT.—A qualified issuer shall pay the fee required 
under this subsection on an annual basis. 
‘‘(3) USE OF FEES.—Fees collected by the Secretary under 
this subsection shall be used to reimburse the Department 
of the Treasury for any administrative costs incurred by the 
Department in implementing the Program established under 
this section. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be appropriated 
to the Secretary, such sums as are necessary to carry out 
this section. 
‘‘(2) USE OF FEES.—To the extent that the amount of funds 
appropriated for a fiscal year under paragraph (1) are not 
sufficient to carry out this section, the Secretary may use 
the fees collected under subsection (g) for the cost of providing 
guarantees of bonds and notes under this section. 
‘‘(i) INVESTMENT
IN
GUARANTEED
BONDS
INELIGIBLE
FOR 
COMMUNITY REINVESTMENT ACT PURPOSES.—Notwithstanding any 
other provision of law, any investment by a financial institution 
in bonds or notes guaranteed under the Program shall not be 
taken into account in assessing the record of such institution for 
purposes of the Community Reinvestment Act of 1977 (12 U.S.C. 
2901). 
‘‘(j) ADMINISTRATION.—
H. R. 5297—17 
‘‘(1) REGULATIONS.—Not later than 1 year after the date 
of enactment of this section, the Secretary shall promulgate 
regulations to carry out this section. 
‘‘(2) IMPLEMENTATION.—Not later than 2 years after the 
date of enactment of this section, the Secretary shall implement 
this section. 
‘‘(k) TERMINATION.—This section is repealed, and the authority 
provided under this section shall terminate, on September 30, 
2014.’’. 
SEC. 1135. TEMPORARY EXPRESS LOAN ENHANCEMENT. 
(a) IN GENERAL.—Section 7(a)(31)(D) of the Small Business 
Act (15 U.S.C. 636(a)(31)(D)) is amended by striking ‘‘$350,000’’ 
and inserting ‘‘$1,000,000’’. 
(b) PROSPECTIVE REPEAL.—Effective 1 year after the date of 
enactment of this Act, section 7(a)(31)(D) of the Small Business 
Act (15 U.S.C. 636(a)(31)(D)) is amended by striking ‘‘$1,000,000’’ 
and inserting ‘‘$350,000’’. 
SEC. 1136. PROHIBITION ON USING TARP FUNDS OR TAX INCREASES. 
(a) IN GENERAL.—Except as provided in subsection (b), nothing 
in section 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1122, 
or 1131, or an amendment made by such sections, shall be construed 
to limit the ability of Congress to appropriate funds. 
(b) TARP FUNDS AND TAX INCREASES.— 
(1) IN GENERAL.—Any covered amounts may not be used 
to carry out section 1111, 1112, 1113, 1114, 1115, 1116, 1117, 
1118, 1122, or 1131, or an amendment made by such sections. 
(2) DEFINITION.—In this subsection, the term ‘‘covered 
amounts’’ means— 
(A) the amounts made available to the Secretary of 
the Treasury under title I of the Emergency Economic 
Stabilization Act of 2008 S.C. 5201 et seq.) to purchase 
(under section 101) or guarantee (under section 102) assets 
under that Act; and 
(B) any revenue increase attributable to any amend-
ment to the Internal Revenue Code of 1986 made during 
the period beginning on the date of enactment of this 
Act and ending on December 31, 2010. 
Subtitle B—Small Business Trade and 
Exporting 
SEC. 1201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Small Business Export 
Enhancement and International Trade Act of 2010’’. 
SEC. 1202. DEFINITIONS. 
(a) DEFINITIONS.—In this subtitle— 
(1) the term ‘‘Associate Administrator’’ means the Associate 
Administrator for International Trade appointed under section 
22(a)(2) of the Small Business Act, as amended by this subtitle; 
(2) the term ‘‘Export Assistance Center’’ means a one- 
stop shop referred to in section 2301(b)(8) of the Omnibus 
Trade and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8)); 
and
H. R. 5297—18 
(3) the term ‘‘rural small business concern’’ means a small 
business concern located in a rural area, as that term is defined 
in section 1393(a)(2) of the Internal Revenue Code of 1986. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) DEFINITIONS.—Section 3 of the Small Business Act (15 
U.S.C. 632) is amended by adding at the end the following: 
‘‘(t) SMALL BUSINESS DEVELOPMENT CENTER.—In this Act, the 
term ‘small business development center’ means a small business 
development center described in section 21. 
‘‘(u) REGION OF THE ADMINISTRATION.—In this Act, the term 
‘region of the Administration’ means the geographic area served 
by a regional office of the Administration established under section 
4(a).’’. 
(2) CONFORMING AMENDMENT.—Section 4(b)(3)(B)(x) of the 
Small Business Act (15 U.S.C. 633(b)(3)(B)(x)) is amended by 
striking ‘‘Administration district and region’’ and inserting ‘‘dis-
trict and region of the Administration’’. 
SEC. 1203. OFFICE OF INTERNATIONAL TRADE. 
(a) ESTABLISHMENT.—Section 22 of the Small Business Act 
(15 U.S.C. 649) is amended— 
(1) by striking ‘‘SEC. 22. (a) There’’ and inserting the fol-
lowing: 
‘‘SEC. 22. OFFICE OF INTERNATIONAL TRADE. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) OFFICE.—There’’; and 
(2) in subsection (a)— 
(A) in paragraph (1), as so designated, by striking 
the period and inserting ‘‘for the primary purposes of 
increasing— 
‘‘(A) the number of small business concerns that export; 
and 
‘‘(B) the volume of exports by small business concerns.’’; 
and 
(B) by adding at the end the following: 
‘‘(2) ASSOCIATE ADMINISTRATOR.—The head of the Office 
shall be the Associate Administrator for International Trade, 
who shall be responsible to the Administrator.’’. 
(b) AUTHORITY FOR ADDITIONAL ASSOCIATE ADMINISTRATOR.— 
Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) 
is amended— 
(1) in the fifth sentence, by striking ‘‘five Associate 
Administrators’’ and inserting ‘‘Associate Administrators’’; and 
(2) by adding at the end the following: ‘‘One such Associate 
Administrator shall be the Associate Administrator for Inter-
national Trade, who shall be the head of the Office of Inter-
national Trade established under section 22.’’. 
(c) DISCHARGE OF INTERNATIONAL TRADE RESPONSIBILITIES OF 
ADMINISTRATION.—Section 22 of the Small Business Act (15 U.S.C. 
649) is amended by adding at the end the following: 
‘‘(h) DISCHARGE OF INTERNATIONAL TRADE RESPONSIBILITIES OF 
ADMINISTRATION.—The Administrator shall ensure that— 
‘‘(1) the responsibilities of the Administration regarding 
international trade are carried out by the Associate Adminis-
trator; 
‘‘(2) the Associate Administrator has sufficient resources 
to carry out such responsibilities; and
H. R. 5297—19 
‘‘(3) the Associate Administrator has direct supervision and 
control over— 
‘‘(A) the staff of the Office; and 
‘‘(B) any employee of the Administration whose prin-
cipal duty station is an Export Assistance Center, or any 
successor entity.’’. 
(d) ROLE
OF ASSOCIATE ADMINISTRATOR
IN CARRYING OUT 
INTERNATIONAL TRADE POLICY.—Section 2(b)(1) of the Small Busi-
ness Act (15 U.S.C. 631(b)(1)) is amended in the matter preceding 
subparagraph (A)— 
(1) by inserting ‘‘the Administrator of’’ before ‘‘the Small 
Business Administration’’; and 
(2) by inserting ‘‘through the Associate Administrator for 
International Trade, and’’ before ‘‘in cooperation with’’. 
(e) IMPLEMENTATION DATE.—Not later than 90 days after the 
date of enactment of this Act, the Administrator of the Small 
Business Administration shall appoint an Associate Administrator 
for International Trade under section 22(a) of the Small Business 
Act (15 U.S.C. 649(a)), as added by this section. 
SEC. 1204. DUTIES OF THE OFFICE OF INTERNATIONAL TRADE. 
(a) AMENDMENTS
TO SECTION 22.—Section 22 of the Small 
Business Act (15 U.S.C. 649) is amended— 
(1) by striking subsection (b) and inserting the following: 
‘‘(b) TRADE DISTRIBUTION NETWORK.—The Associate Adminis-
trator, working in close cooperation with the Secretary of Commerce, 
the United States Trade Representative, the Secretary of Agri-
culture, the Secretary of State, the President of the Export-Import 
Bank of the United States, the President of the Overseas Private 
Investment Corporation, Director of the United States Trade and 
Development Agency, and other relevant Federal agencies, small 
business development centers engaged in export promotion efforts, 
Export Assistance Centers, regional and district offices of the 
Administration, the small business community, and relevant State 
and local export promotion programs, shall— 
‘‘(1) maintain a distribution network, using regional and 
district offices of the Administration, the small business 
development center network, networks of women’s business 
centers, the Service Corps of Retired Executives authorized 
by section 8(b)(1), and Export Assistance Centers, for programs 
relating to— 
‘‘(A) trade promotion; 
‘‘(B) trade finance; 
‘‘(C) trade adjustment assistance; 
‘‘(D) trade remedy assistance; and 
‘‘(E) trade data collection; 
‘‘(2) aggressively market the programs described in para-
graph (1) and disseminate information, including computerized 
marketing data, to small business concerns on exporting trends, 
market-specific growth, industry trends, and international pros-
pects for exports; 
‘‘(3) promote export assistance programs through the dis-
trict and regional offices of the Administration, the small busi-
ness development center network, Export Assistance Centers, 
the network of women’s business centers, chapters of the 
Service Corps of Retired Executives, State and local export 
promotion programs, and partners in the private sector; and
H. R. 5297—20 
‘‘(4) give preference in hiring or approving the transfer 
of any employee into the Office or to a position described 
in subsection (c)(9) to otherwise qualified applicants who are 
fluent in a language in addition to English, to— 
‘‘(A) accompany small business concerns on foreign 
trade missions; and 
‘‘(B) translate documents, interpret conversations, and 
facilitate multilingual transactions, including by providing 
referral lists for translation services, if required.’’; 
(2) in subsection (c)— 
(A) by striking ‘‘(c) The Office’’ and inserting the fol-
lowing: 
‘‘(c) PROMOTION
OF
SALES
OPPORTUNITIES.—The Associate 
Administrator’’; 
(B) by redesignating paragraphs (1) through (8) as 
paragraphs (2) through (9), respectively; 
(C) by inserting before paragraph (2), as so redesig-
nated, the following: 
‘‘(1) establish annual goals for the Office relating to— 
‘‘(A) enhancing the exporting capability of small busi-
ness concerns and small manufacturers; 
‘‘(B) facilitating technology transfers; 
‘‘(C) enhancing programs and services to assist small 
business concerns and small manufacturers to compete 
effectively and efficiently in foreign markets; 
‘‘(D) increasing the ability of small business concerns 
to access capital; and 
‘‘(E) disseminating information concerning Federal, 
State, and private programs and initiatives;’’; 
(D) in paragraph (2), as so redesignated, by striking 
‘‘mechanism for’’ and all that follows through ‘‘(D) assisting’’ 
and inserting the following: ‘‘mechanism for— 
‘‘(A) identifying subsectors of the small business 
community with strong export potential; 
‘‘(B) identifying areas of demand in foreign markets; 
‘‘(C) prescreening foreign buyers for commercial and 
credit purposes; and 
‘‘(D) assisting’’; 
(E) in paragraph (3), as so redesignated, by striking 
‘‘assist small businesses in the formation and utilization 
of’’ and inserting ‘‘assist small business concerns in forming 
and using’’; 
(F) in paragraph (4), as so redesignated— 
(i) by striking ‘‘local’’ and inserting ‘‘district’’; 
(ii) by striking ‘‘existing’’; 
(iii) by striking ‘‘Small Business Development 
Center network’’ and inserting ‘‘small business develop-
ment center network’’; and 
(iv) by striking ‘‘Small Business Development 
Center Program’’ and inserting ‘‘small business 
development center program’’; 
(G) in paragraph (5), as so redesignated— 
(i) in subparagraph (A), by striking ‘‘Gross State 
Produce’’ and inserting ‘‘Gross State Product’’; 
(ii) in subparagraph (B), by striking ‘‘SIC’’ each 
place it appears and inserting ‘‘North American 
Industry Classification System’’; and
H. R. 5297—21 
(iii) in subparagraph (C), by striking ‘‘small 
businesses’’ and inserting ‘‘small business concerns’’; 
(H) in paragraph (6), as so redesignated, by striking 
the period at the end and inserting a semicolon; 
(I) in paragraph (7), as so redesignated— 
(i) in the matter preceding subparagraph (A)— 
(I) by inserting ‘‘concerns’’ after ‘‘small busi-
ness’’; and 
(II) by striking ‘‘current’’ and inserting ‘‘up 
to date’’; 
(ii) in subparagraph (A), by striking ‘‘Administra-
tion’s regional offices’’ and inserting ‘‘regional and dis-
trict offices of the Administration’’; 
(iii) in subparagraph (B) by striking ‘‘current’’; 
(iv) in subparagraph (C), by striking ‘‘current’’; 
and 
(v) by striking ‘‘small businesses’’ each place that 
term appears and inserting ‘‘small business concerns’’; 
(J) in paragraph (8), as so redesignated, by striking 
and at the end; 
(K) in paragraph (9), as so redesignated— 
(i) in the matter preceding subparagraph (A)— 
(I) by striking ‘‘full-time export development 
specialists to each Administration regional office 
and assigning’’; and 
(II) by striking ‘‘person in each district office. 
Such specialists’’ and inserting ‘‘individual in each 
district office and providing each Administration 
regional office with a full-time export development 
specialist, who’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘current’’; and 
(II) by striking ‘‘with’’ and inserting ‘‘in’’; 
(iii) in subparagraph (D)— 
(I) by striking ‘‘Administration personnel 
involved in granting’’ and inserting ‘‘personnel of 
the Administration involved in making’’; and 
(II) by striking ‘‘and’’ at the end; 
(iv) in subparagraph (E)— 
(I) by striking ‘‘small businesses’ needs’’ and 
inserting ‘‘the needs of small business concerns’’; 
and 
(II) by striking the period at the end and 
inserting a semicolon; 
(v) by adding at the end the following: 
‘‘(F) participate, jointly with employees of the Office, 
in an annual training program that focuses on current 
small business needs for exporting; and 
‘‘(G) develop and conduct training programs for 
exporters and lenders, in cooperation with the Export 
Assistance Centers, the Department of Commerce, the 
Department of Agriculture, small business development 
centers, women’s business centers, the Export-Import Bank 
of the United States, the Overseas Private Investment 
Corporation, and other relevant Federal agencies;’’; and
H. R. 5297—22 
(vi) by striking ‘‘small businesses’’ each place that 
term appears and inserting ‘‘small business concerns’’; 
and 
(L) by adding at the end the following: 
‘‘(10) make available on the website of the Administration 
the name and contact information of each individual described 
in paragraph (9); 
‘‘(11) carry out a nationwide marketing effort using tech-
nology, online resources, training, and other strategies to pro-
mote exporting as a business development opportunity for small 
business concerns; 
‘‘(12) disseminate information to the small business commu-
nity through regional and district offices of the Administration, 
the small business development center network, Export Assist-
ance Centers, the network of women’s business centers, chap-
ters of the Service Corps of Retired Executives authorized by 
section 8(b)(1), State and local export promotion programs, 
and partners in the private sector regarding exporting trends, 
market-specific growth, industry trends, and prospects for 
exporting; and 
‘‘(13) establish and carry out training programs for the 
staff of the regional and district offices of the Administration 
and resource partners of the Administration on export pro-
motion and providing assistance relating to exports.’’; 
(3) in subsection (d)— 
(A) by redesignating paragraphs (1) through (5) as 
clauses (i) through (v), respectively, and adjusting the mar-
gins accordingly; 
(B) by striking ‘‘(d) The Office’’ and inserting the fol-
lowing: 
‘‘(d) EXPORT FINANCING PROGRAMS.— 
‘‘(1) IN GENERAL.—The Associate Administrator’’; and 
(C) by striking ‘‘To accomplish this goal, the Office 
shall work’’ and inserting the following: 
‘‘(2) TRADE FINANCE SPECIALIST.—To accomplish the goal 
established under paragraph (1), the Associate Administrator 
shall— 
‘‘(A) designate at least 1 individual within the Adminis-
tration as a trade finance specialist to oversee international 
loan programs and assist Administration employees with 
trade finance issues; and 
‘‘(B) work’’; 
(4) in subsection (e), by striking ‘‘(e) The Office’’ and 
inserting the following: 
‘‘(e) TRADE REMEDIES.—The Associate Administrator’’; 
(5) by amending subsection (f) to read as follows: 
‘‘(f) REPORTING REQUIREMENT.—The Associate Administrator 
shall submit an annual report to the Committee on Small Business 
and Entrepreneurship of the Senate and the Committee on Small 
Business of the House of Representatives that contains— 
‘‘(1) a description of the progress of the Office in imple-
menting the requirements of this section; 
‘‘(2) a detailed account of the results of export growth 
activities of the Administration, including the activities of each 
district and regional office of the Administration, based on 
the performance measures described in subsection (i);
H. R. 5297—23 
‘‘(3) an estimate of the total number of jobs created or 
retained as a result of export assistance provided by the 
Administration and resource partners of the Administration; 
‘‘(4) for any travel by the staff of the Office, the destination 
of such travel and the benefits to the Administration and to 
small business concerns resulting from such travel; and 
‘‘(5) a description of the participation by the Office in trade 
negotiations.’’; 
(6) in subsection (g), by striking ‘‘(g) The Office’’ and 
inserting the following: 
‘‘(g) STUDIES.—The Associate Administrator’’; and 
(7) by adding after subsection (h), as added by section 
1203 of this subtitle, the following: 
‘‘(i) EXPORT AND TRADE COUNSELING.— 
‘‘(1) DEFINITION.—In this subsection— 
‘‘(A) the term ‘lead small business development center’ 
means a small business development center that has 
received a grant from the Administration; and 
‘‘(B) the term ‘lead women’s business center’ means 
a women’s business center that has received a grant from 
the Administration. 
‘‘(2) CERTIFICATION
PROGRAM.—The Administrator shall 
establish an export and trade counseling certification program 
to certify employees of lead small business development centers 
and lead women’s business centers in providing export assist-
ance to small business concerns. 
‘‘(3) NUMBER OF CERTIFIED EMPLOYEES.—The Administrator 
shall ensure that the number of employees of each lead small 
business development center who are certified in providing 
export assistance is not less than the lesser of— 
‘‘(A) 5; or 
‘‘(B) 10 percent of the total number of employees of 
the lead small business development center. 
‘‘(4) REIMBURSEMENT FOR CERTIFICATION.— 
‘‘(A) IN GENERAL.—Subject to the availability of appro-
priations, the Administrator shall reimburse a lead small 
business development center or a lead women’s business 
center for costs relating to the certification of an employee 
of the lead small business center or lead women’s business 
center in providing export assistance under the program 
established under paragraph (2). 
‘‘(B) LIMITATION.—The total amount reimbursed by the 
Administrator under subparagraph (A) may not exceed 
$350,000 in any fiscal year. 
‘‘(j) PERFORMANCE MEASURES.— 
‘‘(1) IN
GENERAL.—The Associate Administrator shall 
develop performance measures for the Administration to sup-
port export growth goals for the activities of the Office under 
this section that include— 
‘‘(A) the number of small business concerns that— 
‘‘(i) receive assistance from the Administration; 
‘‘(ii) had not exported goods or services before 
receiving the assistance described in clause (i); and 
‘‘(iii) export goods or services; 
‘‘(B) the number of small business concerns receiving 
assistance from the Administration that export goods or 
services to a market outside the United States into which
H. R. 5297—24 
the small business concern did not export before receiving 
the assistance; 
‘‘(C) export revenues by small business concerns 
assisted by programs of the Administration; 
‘‘(D) the number of small business concerns referred 
to an Export Assistance Center or a small business develop-
ment center by the staff of the Office; 
‘‘(E) the number of small business concerns referred 
to the Administration by an Export Assistance Center or 
a small business development center; and 
‘‘(F) the number of small business concerns referred 
to the Department of Commerce, the Department of Agri-
culture, the Department of State, the Export-Import Bank 
of the United States, the Overseas Private Investment 
Corporation, or the United States Trade and Development 
Agency by the staff of the Office, an Export Assistance 
Center, or a small business development center. 
‘‘(2) 
JOINT
PERFORMANCE
MEASURES.—The 
Associate 
Administrator shall develop joint performance measures for 
the district offices of the Administration and the Export Assist-
ance Centers that include the number of export loans made 
under— 
‘‘(A) section 7(a)(16); 
‘‘(B) the Export Working Capital Program established 
under section 7(a)(14); 
‘‘(C) the Preferred Lenders Program, as defined in sec-
tion 7(a)(2)(C)(ii); and 
‘‘(D) the export express program established under sec-
tion 7(a)(34). 
‘‘(3) CONSISTENCY OF TRACKING.—The Associate Adminis-
trator, in coordination with the departments and agencies that 
are represented on the Trade Promotion Coordinating Com-
mittee established under section 2312 of the Export Enhance-
ment Act of 1988 (15 U.S.C. 4727) and the small business 
development center network, shall develop a system to track 
exports by small business concerns, including information 
relating to the performance measures developed under para-
graph (1), that is consistent with systems used by the depart-
ments and agencies and the network.’’. 
(b) REPORT.—Not later than 60 days after the date of enactment 
of this Act, the Administrator shall submit a report to the Com-
mittee on Small Business and Entrepreneurship of the Senate and 
the Committee on Small Business of the House of Representatives 
on any travel by the staff of the Office of International Trade 
of the Administration, during the period beginning on October 1, 
2004, and ending on the date of enactment of the Act, including 
the destination of such travel and the benefits to the Administration 
and to small business concerns resulting from such travel. 
SEC. 1205. EXPORT ASSISTANCE CENTERS. 
(a) EXPORT ASSISTANCE CENTERS.—Section 22 of the Small 
Business Act (15 U.S.C. 649), as amended by this subtitle, is 
amended by adding at the end the following: 
‘‘(k) EXPORT ASSISTANCE CENTERS.— 
‘‘(1) EXPORT FINANCE SPECIALISTS.— 
‘‘(A) MINIMUM NUMBER OF EXPORT FINANCE SPECIAL-
ISTS.—On and after the date that is 90 days after the
H. R. 5297—25 
date of enactment of this subsection, the Administrator, 
in coordination with the Secretary of Commerce, shall 
ensure that the number of export finance specialists is 
not less than the number of such employees so assigned 
on January 1, 2003. 
‘‘(B) EXPORT FINANCE SPECIALISTS ASSIGNED TO EACH 
REGION OF THE ADMINISTRATION.—On and after the date 
that is 2 years after the date of enactment of this sub-
section, the Administrator, in coordination with the Sec-
retary of Commerce, shall ensure that there are not fewer 
than 3 export finance specialists in each region of the 
Administration. 
‘‘(2) PLACEMENT OF EXPORT FINANCE SPECIALISTS.— 
‘‘(A) PRIORITY.—The Administrator shall give priority, 
to the maximum extent practicable, to placing employees 
of the Administration at any Export Assistance Center 
that— 
‘‘(i) had an Administration employee assigned to 
the Export Assistance Center before January 2003; 
and 
‘‘(ii) has not had an Administration employee 
assigned to the Export Assistance Center during the 
period beginning January 2003, and ending on the 
date of enactment of this subsection, either through 
retirement or reassignment. 
‘‘(B) NEEDS OF EXPORTERS.—The Administrator shall, 
to the maximum extent practicable, strategically assign 
Administration employees to Export Assistance Centers, 
based on the needs of exporters. 
‘‘(C) RULE
OF
CONSTRUCTION.—Nothing in this sub-
section may be construed to require the Administrator to 
reassign or remove an export finance specialist who is 
assigned to an Export Assistance Center on the date of 
enactment of this subsection. 
‘‘(3) GOALS.—The Associate Administrator shall work with 
the Department of Commerce, the Export-Import Bank of the 
United States, and the Overseas Private Investment Corpora-
tion to establish shared annual goals for the Export Assistance 
Centers. 
‘‘(4) OVERSIGHT.—The Associate Administrator shall des-
ignate an individual within the Administration to oversee all 
activities conducted by Administration employees assigned to 
Export Assistance Centers. 
‘‘(l) DEFINITIONS.—In this section— 
‘‘(1) the term ‘Associate Administrator’ means the Associate 
Administrator for International Trade described in subsection 
(a)(2); 
‘‘(2) the term ‘Export Assistance Center’ means a one- 
stop shop for United States exporters established by the United 
States and Foreign Commercial Service of the Department of 
Commerce pursuant to section 2301(b)(8) of the Omnibus Trade 
and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8)); 
‘‘(3) the term ‘export finance specialist’ means a full-time 
equivalent employee of the Office assigned to an Export Assist-
ance Center to carry out the duties described in subsection 
(e); and
H. R. 5297—26 
‘‘(4) the term ‘Office’ means the Office of International 
Trade established under subsection (a)(1).’’. 
(b) STUDY AND REPORT ON FILLING GAPS IN HIGH-AND-LOW- 
EXPORT VOLUME AREAS.— 
(1) STUDY AND REPORT.—Not later than 6 months after 
the date of enactment of this Act, and every 2 years thereafter, 
the Administrator shall— 
(A) conduct a study of— 
(i) the volume of exports for each State; 
(ii) the availability of export finance specialists 
in each State; 
(iii) the number of exporters in each State that 
are small business concerns; 
(iv) the percentage of exporters in each State that 
are small business concerns; 
(v) the change, if any, in the number of exporters 
that are small business concerns in each State— 
(I) for the first study conducted under this 
subparagraph, during the 10-year period ending 
on the date of enactment of this Act; and 
(II) for each subsequent study, during the 10- 
year period ending on the date the study is com-
menced; 
(vi) the total value of the exports in each State 
by small business concerns; 
(vii) the percentage of the total volume of exports 
in each State that is attributable to small business 
concerns; and 
(viii) the change, if any, in the percentage of the 
total volume of exports in each State that is attrib-
utable to small business concerns— 
(I) for the first study conducted under this 
subparagraph, during the 10-year period ending 
on the date of enactment of this Act; and 
(II) for each subsequent study, during the 10- 
year period ending on the date the study is com-
menced; and 
(B) 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 
containing— 
(i) the results of the study under subparagraph 
(A); 
(ii) to the extent practicable, a recommendation 
regarding how to eliminate gaps between the supply 
of and demand for export finance specialists in the 
15 States that have the greatest volume of exports, 
based upon the most recent data available from the 
Department of Commerce; 
(iii) to the extent practicable, a recommendation 
regarding how to eliminate gaps between the supply 
of and demand for export finance specialists in the 
15 States that have the lowest volume of exports, based 
upon the most recent data available from the Depart-
ment of Commerce; and 
(iv) such additional information as the Adminis-
trator determines is appropriate.
H. R. 5297—27 
(2) DEFINITION.—In this subsection, the term ‘‘export 
finance specialist’’ has the meaning given that term in section 
22(l) of the Small Business Act, as added by this title. 
SEC. 1206. INTERNATIONAL TRADE FINANCE PROGRAMS. 
(a) LOAN LIMITS.— 
(1) TOTAL AMOUNT OUTSTANDING.—Section 7(a)(3)(B) of the 
Small Business Act (15 U.S.C. 636(a)(3)(B)) is amended by 
striking ‘‘$1,750,000, of which not more than $1,250,000’’ and 
inserting ‘‘$4,500,000 (or if the gross loan amount would exceed 
$5,000,000), of which not more than $4,000,000’’. 
(2) PARTICIPATION.—Section 7(a)(2) of the Small Business 
Act (15 U.S.C. 636(a)(2)) is amended— 
(A) in subparagraph (A), in the matter preceding clause 
(i), by striking ‘‘subparagraph (B)’’ and inserting ‘‘subpara-
graphs (B), (D), and (E)’’; 
(B) in subparagraph (D), by striking ‘‘Notwithstanding 
subparagraph (A), in’’ and inserting ‘‘In’’; and 
(C) by adding at the end the following: 
‘‘(E) PARTICIPATION IN INTERNATIONAL TRADE LOAN.— 
In an agreement to participate in a loan on a deferred 
basis under paragraph (16), the participation by the 
Administration may not exceed 90 percent.’’. 
(b) WORKING CAPITAL.—Section 7(a)(16)(A) of the Small Busi-
ness Act (15 U.S.C. 636(a)(16)(A)) is amended— 
(1) in the matter preceding clause (i), by striking ‘‘in— 
’’ and inserting ‘‘—’’; 
(2) in clause (i)— 
(A) by inserting ‘‘in’’ after ‘‘(i)’’; and 
(B) by striking ‘‘or’’ at the end; 
(3) in clause (ii)— 
(A) by inserting ‘‘in’’ after ‘‘(ii)’’; and 
(B) by striking the period at the end and inserting 
‘‘, including any debt that qualifies for refinancing under 
any other provision of this subsection; or’’; and 
(4) by adding at the end the following: 
‘‘(iii) by providing working capital.’’. 
(c) COLLATERAL.—Section 7(a)(16)(B) of the Small Business Act 
(15 U.S.C. 636(a)(16)(B)) is amended— 
(1) by striking ‘‘Each loan’’ and inserting the following: 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), each loan’’; and 
(2) by adding at the end the following: 
‘‘(ii) EXCEPTION.—A loan under this paragraph may 
be secured by a second lien position on the property 
or equipment financed by the loan or on other assets 
of the small business concern, if the Administrator 
determines the lien provides adequate assurance of 
the payment of the loan.’’. 
(d) EXPORT WORKING CAPITAL PROGRAM.—Section 7(a) of the 
Small Business Act (15 U.S.C. 636(a)) is amended— 
(1) in paragraph (2)(D), by striking ‘‘not exceed’’ and 
inserting ‘‘be’’; and 
(2) in paragraph (14)— 
(A) by striking ‘‘(A) The Administration’’ and inserting 
the following: ‘‘EXPORT WORKING CAPITAL PROGRAM.— 
‘‘(A) IN GENERAL.—The Administrator’’;
H. R. 5297—28 
(B) by striking ‘‘(B) When considering’’ and inserting 
the following: 
‘‘(C) CONSIDERATIONS.—When considering’’; 
(C) by striking ‘‘(C) The Administration’’ and inserting 
the following: 
‘‘(D) MARKETING.—The Administrator’’; and 
(D) by inserting after subparagraph (A) the following: 
‘‘(B) TERMS.— 
‘‘(i) LOAN AMOUNT.—The Administrator may not 
guarantee a loan under this paragraph of more than 
$5,000,000. 
‘‘(ii) FEES.— 
‘‘(I) IN GENERAL.—For a loan under this para-
graph, the Administrator shall collect the fee 
assessed under paragraph (23) not more frequently 
than once each year. 
‘‘(II) UNTAPPED
CREDIT.—The Administrator 
may not assess a fee on capital that is not accessed 
by the small business concern.’’. 
(e) PARTICIPATION IN PREFERRED LENDERS PROGRAM.—Section 
7(a)(2)(C) of the Small Business Act (15 U.S.C. 636(a)(2)(C)) is 
amended— 
(1) by redesignating clause (ii) as clause (iii); and 
(2) by inserting after clause (i) the following: 
‘‘(ii) EXPORT-IMPORT BANK LENDERS.—Any lender 
that is participating in the Delegated Authority Lender 
Program of the Export-Import Bank of the United 
States (or any successor to the Program) shall be 
eligible to participate in the Preferred Lenders Pro-
gram.’’. 
(f) EXPORT EXPRESS PROGRAM.—Section 7(a) of the Small Busi-
ness Act (15 U.S.C. 636(a)) is amended by adding at the end 
the following: 
‘‘(35) EXPORT EXPRESS PROGRAM.— 
‘‘(A) DEFINITIONS.—In this paragraph— 
‘‘(i) 
the 
term 
‘export 
development 
activity’ 
includes— 
‘‘(I) obtaining a standby letter of credit when 
required as a bid bond, performance bond, or 
advance payment guarantee; 
‘‘(II) participation in a trade show that takes 
place outside the United States; 
‘‘(III) translation of product brochures or cata-
logues for use in markets outside the United 
States; 
‘‘(IV) obtaining a general line of credit for 
export purposes; 
‘‘(V) performing a service contract from buyers 
located outside the United States; 
‘‘(VI) obtaining transaction-specific financing 
associated with completing export orders; 
‘‘(VII) purchasing real estate or equipment to 
be used in the production of goods or services 
for export; 
‘‘(VIII) providing term loans or other financing 
to enable a small business concern, including an
H. R. 5297—29 
export trading company and an export manage-
ment company, to develop a market outside the 
United States; and 
‘‘(IX) acquiring, constructing, renovating, mod-
ernizing, improving, or expanding a production 
facility or equipment to be used in the United 
States in the production of goods or services for 
export; and 
‘‘(ii) the term ‘express loan’ means a loan in which 
a lender uses to the maximum extent practicable the 
loan analyses, procedures, and documentation of the 
lender to provide expedited processing of the loan 
application. 
‘‘(B) AUTHORITY.—The Administrator may guarantee 
the timely payment of an express loan to a small business 
concern made for an export development activity. 
‘‘(C) LEVEL OF PARTICIPATION.— 
‘‘(i) MAXIMUM AMOUNT.—The maximum amount of 
an express loan guaranteed under this paragraph shall 
be $500,000. 
‘‘(ii) PERCENTAGE.—For an express loan guaran-
teed under this paragraph, the Administrator shall 
guarantee— 
‘‘(I) 90 percent of a loan that is not more 
than $350,000; and 
‘‘(II) 75 percent of a loan that is more than 
$350,000 and not more than $500,000.’’. 
(g) ANNUAL LISTING OF EXPORT FINANCE LENDERS.—Section 
7(a)(16) of the Small Business Act (15 U.S.C. 636(a)(16)) is amended 
by adding at the end the following: 
‘‘(F) LIST OF EXPORT FINANCE LENDERS.— 
‘‘(i) PUBLICATION OF LIST REQUIRED.—The Adminis-
trator shall publish an annual list of the banks and 
participating lending institutions that, during the 1- 
year period ending on the date of publication of the 
list, have made loans guaranteed by the Administra-
tion under— 
‘‘(I) this paragraph; 
‘‘(II) paragraph (14); or 
‘‘(III) paragraph (34). 
‘‘(ii) AVAILABILITY
OF
LIST.—The Administrator 
shall— 
‘‘(I) post the list published under clause (i) 
on the website of the Administration; and 
‘‘(II) make the list published under clause (i) 
available, upon request, at each district office of 
the Administration.’’. 
(h) APPLICABILITY.—The amendments made by subsections (a) 
through (f) shall apply with respect to any loan made after the 
date of enactment of this Act. 
SEC. 1207. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘eligible small business concern’’ means a 
small business concern that—
H. R. 5297—30 
(A) has been in business for not less than the 1-year 
period ending on the date on which assistance is provided 
using a grant under this section; 
(B) is operating profitably, based on operations in the 
United States; 
(C) has demonstrated understanding of the costs associ-
ated with exporting and doing business with foreign pur-
chasers, including the costs of freight forwarding, customs 
brokers, packing and shipping, as determined by the Asso-
ciate Administrator; and 
(D) has in effect a strategic plan for exporting; 
(2) the term ‘‘program’’ means the State Trade and Export 
Promotion Grant Program established under subsection (b); 
(3) the term ‘‘small business concern owned and controlled 
by women’’ has the meaning given that term in section 3 
of the Small Business Act (15 U.S.C. 632); 
(4) the term ‘‘socially and economically disadvantaged small 
business concern’’ has the meaning given that term in section 
8(a)(4)(A) of the Small Business Act (15 U.S.C. 6537(a)(4)(A)); 
and 
(5) the term ‘‘State’’ means each of the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
the Virgin Islands, Guam, and American Samoa. 
(b) ESTABLISHMENT OF PROGRAM.—The Associate Administrator 
shall establish a 3-year trade and export promotion pilot program 
to be known as the State Trade and Export Promotion Grant 
Program, to make grants to States to carry out export programs 
that assist eligible small business concerns in— 
(1) participation in a foreign trade mission; 
(2) a foreign market sales trip; 
(3) a subscription to services provided by the Department 
of Commerce; 
(4) the payment of website translation fees; 
(5) the design of international marketing media; 
(6) a trade show exhibition; 
(7) participation in training workshops; or 
(8) any other export initiative determined appropriate by 
the Associate Administrator. 
(c) GRANTS.— 
(1) JOINT REVIEW.—In carrying out the program, the Asso-
ciate Administrator may make a grant to a State to increase 
the number of eligible small business concerns in the State 
that export or to increase the value of the exports by eligible 
small business concerns in the State. 
(2) CONSIDERATIONS.—In making grants under this section, 
the Associate Administrator may give priority to an application 
by a State that proposes a program that— 
(A) focuses on eligible small business concerns as part 
of an export promotion program; 
(B) demonstrates success in promoting exports by— 
(i) socially and economically disadvantaged small 
business concerns; 
(ii) small business concerns owned or controlled 
by women; and 
(iii) rural small business concerns; 
(C) promotes exports from a State that is not 1 of 
the 10 States with the highest percentage of exporters
H. R. 5297—31 
that are small business concerns, based upon the latest 
data available from the Department of Commerce; and 
(D) promotes new-to-market export opportunities to 
the People’s Republic of China for eligible small business 
concerns in the United States. 
(3) LIMITATIONS.— 
(A) SINGLE
APPLICATION.—A State may not submit 
more than 1 application for a grant under the program 
in any 1 fiscal year. 
(B) PROPORTION
OF
AMOUNTS.—The total value of 
grants under the program made during a fiscal year to 
the 10 States with the highest number of exporters that 
are small business concerns, based upon the latest data 
available from the Department of Commerce, shall be not 
more than 40 percent of the amounts appropriated for 
the program for that fiscal year. 
(4) APPLICATION.—A State desiring a grant under the pro-
gram shall submit an application at such time, in such manner, 
and accompanied by such information as the Associate Adminis-
trator may establish. 
(d) COMPETITIVE BASIS.—The Associate Administrator shall 
award grants under the program on a competitive basis. 
(e) FEDERAL SHARE.—The Federal share of the cost of an export 
program carried out using a grant under the program shall be— 
(1) for a State that has a high export volume, as determined 
by the Associate Administrator, not more than 65 percent; 
and 
(2) for a State that does not have a high export volume, 
as determined by the Associate Administrator, not more than 
75 percent. 
(f) NON-FEDERAL SHARE.—The non-Federal share of the cost 
of an export program carried using a grant under the program 
shall be comprised of not less than 50 percent cash and not more 
than 50 percent of indirect costs and in-kind contributions, except 
that no such costs or contributions may be derived from funds 
from any other Federal program. 
(g) REPORTS.— 
(1) INITIAL REPORT.—Not later than 120 days after the 
date of enactment of this Act, the Associate 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, which shall 
include— 
(A) a description of the structure of and procedures 
for the program; 
(B) a management plan for the program; and 
(C) a description of the merit-based review process 
to be used in the program. 
(2) ANNUAL REPORTS.—The Associate Administrator shall 
submit an annual report to the Committee on Small Business 
and Entrepreneurship of the Senate and the Committee on 
Small Business of the House of Representatives regarding the 
program, which shall include— 
(A) the number and amount of grants made under 
the program during the preceding year;
H. R. 5297—32 
(B) a list of the States receiving a grant under the 
program during the preceding year, including the activities 
being performed with grant; and 
(C) the effect of each grant on exports by eligible small 
business concerns in the State receiving the grant. 
(h) REVIEWS BY INSPECTOR GENERAL.— 
(1) IN GENERAL.—The Inspector General of the Administra-
tion shall conduct a review of— 
(A) the extent to which recipients of grants under 
the program are measuring the performance of the activi-
ties being conducted and the results of the measurements; 
and 
(B) the overall management and effectiveness of the 
program. 
(2) REPORT.—Not later than September 30, 2012, the 
Inspector General of 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 a report regarding the review conducted 
under paragraph (1). 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out the program $30,000,000 for each 
of fiscal years 2011, 2012, and 2013. 
(j) TERMINATION.—The authority to carry out the program shall 
terminate 3 years after the date on which the Associate Adminis-
trator establishes the program. 
SEC. 1208. RURAL EXPORT PROMOTION. 
Not later than 6 months after the date of enactment of this 
Act, the Administrator, in consultation with the Secretary of Agri-
culture and the Secretary of Commerce, shall submit to the Com-
mittee on Small Business and Entrepreneurship of the Senate and 
the Committee on Small Business of the House of Representatives 
a report that contains— 
(1) a description of each program of the Administration 
that promotes exports by rural small business concerns, 
including— 
(A) the number of rural small business concerns served 
by the program; 
(B) the change, if any, in the number of rural small 
business concerns as a result of participation in the pro-
gram during the 10-year period ending on the date of 
enactment of this Act; 
(C) the volume of exports by rural small business con-
cerns that participate in the program; and 
(D) the change, if any, in the volume of exports by 
rural small businesses that participate in the program 
during the 10-year period ending on the date of enactment 
of this Act; 
(2) a description of the coordination between programs 
of the Administration and other Federal programs that promote 
exports by rural small business concerns; 
(3) recommendations, if any, for improving the coordination 
described in paragraph (2); 
(4) a description of any plan by the Administration to 
market the international trade financing programs of the 
Administration through lenders that—
H. R. 5297—33 
(A) serve rural small business concerns; and 
(B) are associated with financing programs of the 
Department of Agriculture; 
(5) recommendations, if any, for improving coordination 
between the counseling programs and export financing pro-
grams of the Administration, in order to increase the volume 
of exports by rural small business concerns; and 
(6) any additional information the Administrator deter-
mines is necessary. 
SEC. 1209. INTERNATIONAL TRADE COOPERATION BY SMALL BUSINESS 
DEVELOPMENT CENTERS. 
Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) 
is amended— 
(1) by striking ‘‘(2) The Small Business Development Cen-
ters’’ and inserting the following: 
‘‘(2) COOPERATION TO PROVIDE INTERNATIONAL TRADE SERV-
ICES.— 
‘‘(A) INFORMATION AND SERVICES.—The small business 
development centers’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A), as so designated, by inserting 
‘‘(including State trade agencies),’’ after ‘‘local agencies’’; 
and 
(B) by adding at the end the following: 
‘‘(B) COOPERATION WITH STATE TRADE AGENCIES AND 
EXPORT ASSISTANCE CENTERS.—A small business develop-
ment center that counsels a small business concern on 
issues relating to international trade shall— 
‘‘(i) consult with State trade agencies and Export 
Assistance Centers to provide appropriate services to 
the small business concern; and 
‘‘(ii) as necessary, refer the small business concern 
to a State trade agency or an Export Assistance Center 
for further counseling or assistance. 
‘‘(C) DEFINITION.—In this paragraph, the term ‘Export 
Assistance Center’ has the same meaning as in section 
22.’’. 
Subtitle C—Small Business Contracting 
PART I—CONTRACT BUNDLING 
SEC. 1311. SMALL BUSINESS ACT. 
Section 3 of the Small Business Act (15 U.S.C. 632), as amended 
by section 1202, is amended by adding at the end the following: 
‘‘(v) MULTIPLE AWARD CONTRACT.—In this Act, the term ‘mul-
tiple award contract’ means— 
‘‘(1) a multiple award task order contract or delivery order 
contract that is entered into under the authority of sections 
303H through 303K of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253h through 253k); and 
‘‘(2) any other indefinite delivery, indefinite quantity con-
tract that is entered into by the head of a Federal agency 
with 2 or more sources pursuant to the same solicitation.’’.
H. R. 5297—34 
SEC. 1312. LEADERSHIP AND OVERSIGHT. 
(a) IN GENERAL.—Section 15 of the Small Business Act (15 
U.S.C. 644) is amended by adding at the end the following: 
‘‘(q) BUNDLING ACCOUNTABILITY MEASURES.— 
‘‘(1) TEAMING REQUIREMENTS.—Each Federal agency shall 
include in each solicitation for any multiple award contract 
above the substantial bundling threshold of the Federal agency 
a provision soliciting bids from any responsible source, including 
responsible small business concerns and teams or joint ventures 
of small business concerns. 
‘‘(2) POLICIES
ON
REDUCTION
OF
CONTRACT
BUNDLING.— 
‘‘(A) IN
GENERAL.—Not later than 1 year after the 
date of enactment of this subsection, the Federal Acquisi-
tion Regulatory Council established under section 25(a) 
of the Office of Federal Procurement Policy Act (41 U.S.C. 
4219(a)) shall amend the Federal Acquisition Regulation 
issued under section 25 of such Act to— 
‘‘(i) establish a Government-wide policy regarding 
contract bundling, including regarding the solicitation 
of teaming and joint ventures under paragraph (1); 
and 
‘‘(ii) require that the policy established under 
clause (i) be published on the website of each Federal 
agency. 
‘‘(B) RATIONALE FOR CONTRACT BUNDLING.—Not later 
than 30 days after the date on which the head of a Federal 
agency submits data certifications to the Administrator 
for Federal Procurement Policy, the head of the Federal 
agency shall publish on the website of the Federal agency 
a list and rationale for any bundled contract for which 
the Federal agency solicited bids or that was awarded 
by the Federal agency. 
‘‘(3) REPORTING.—Not later than 90 days after the date 
of enactment of this subsection, and every 3 years thereafter, 
the Administrator shall submit to the Committee on Small 
Business and Entrepreneurship of the Senate and the Com-
mittee on Small Business of the House of Representatives a 
report regarding procurement center representatives and 
commercial market representatives, which shall— 
‘‘(A) identify each area for which the Administration 
has assigned a procurement center representative or a 
commercial market representative; 
‘‘(B) explain why the Administration selected the areas 
identified under subparagraph (A); and 
‘‘(C) describe the activities performed by procurement 
center representatives and commercial market representa-
tives.’’. 
(b) TECHNICAL CORRECTION.—Section 15(g) of the Small Busi-
ness Act (15 U.S.C. 644(g)) is amended by striking ‘‘Administrator 
of the Office of Federal Procurement Policy’’ each place it appears 
and inserting ‘‘Administrator for Federal Procurement Policy’’. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report regarding the procure-
ment center representative program of the Administration.
H. R. 5297—35 
(2) CONTENTS.—The report submitted under paragraph (1) 
shall— 
(A) address ways to improve the effectiveness of the 
procurement center representative program in helping 
small business concerns obtain Federal contracts; 
(B) evaluate the effectiveness of procurement center 
representatives and commercial marketing representatives; 
and 
(C) include recommendations, if any, on how to improve 
the procurement center representative program. 
(d) ELECTRONIC PROCUREMENT CENTER REPRESENTATIVE.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall implement 
a 3-year pilot electronic procurement center representative pro-
gram. 
(2) REPORT.—Not later than 30 days after the pilot program 
under paragraph (1) ends, the Comptroller General of the 
United States 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 
regarding the pilot program. 
SEC. 1313. CONSOLIDATION OF CONTRACT REQUIREMENTS. 
(a) IN GENERAL.—The Small Business Act (15 U.S.C. 631 et 
seq.) is amended— 
(1) by redesignating section 44 as section 45; and 
(2) by inserting after section 43 the following: 
‘‘SEC. 44. CONSOLIDATION OF CONTRACT REQUIREMENTS. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘Chief Acquisition Officer’ means the employee 
of a Federal agency designated as the Chief Acquisition Officer 
for the Federal agency under section 16(a) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 414(a)); 
‘‘(2) the term ‘consolidation of contract requirements’, with 
respect to contract requirements of a Federal agency, means 
a use of a solicitation to obtain offers for a single contract 
or a multiple award contract to satisfy 2 or more requirements 
of the Federal agency for goods or services that have been 
provided to or performed for the Federal agency under 2 or 
more separate contracts lower in cost than the total cost of 
the contract for which the offers are solicited; and 
‘‘(3) the term ‘senior procurement executive’ means an offi-
cial designated under section 16(c) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 414(c)) as the senior procure-
ment executive for a Federal agency. 
‘‘(b) POLICY.—The head of each Federal agency shall ensure 
that the decisions made by the Federal agency regarding consolida-
tion of contract requirements of the Federal agency are made with 
a view to providing small business concerns with appropriate 
opportunities to participate as prime contractors and subcontractors 
in the procurements of the Federal agency. 
‘‘(c) LIMITATION ON USE OF ACQUISITION STRATEGIES INVOLVING 
CONSOLIDATION.— 
‘‘(1) IN GENERAL.—Subject to paragraph (4), the head of 
a Federal agency may not carry out an acquisition strategy 
that includes a consolidation of contract requirements of the 
Federal agency with a total value of more than $2,000,000,
H. R. 5297—36 
unless the senior procurement executive or Chief Acquisition 
Officer for the Federal agency, before carrying out the acquisi-
tion strategy— 
‘‘(A) conducts market research; 
‘‘(B) identifies any alternative contracting approaches 
that would involve a lesser degree of consolidation of con-
tract requirements; 
‘‘(C) makes a written determination that the consolida-
tion of contract requirements is necessary and justified; 
‘‘(D) identifies any negative impact by the acquisition 
strategy on contracting with small business concerns; and 
‘‘(E) certifies to the head of the Federal agency that 
steps will be taken to include small business concerns 
in the acquisition strategy. 
‘‘(2) DETERMINATION
THAT
CONSOLIDATION
IS
NECESSARY 
AND JUSTIFIED.— 
‘‘(A) IN GENERAL.—A senior procurement executive or 
Chief Acquisition Officer may determine that an acquisition 
strategy involving a consolidation of contract requirements 
is necessary and justified for the purposes of paragraph 
(1)(C) if the benefits of the acquisition strategy substan-
tially exceed the benefits of each of the possible alternative 
contracting approaches identified under paragraph (1)(B). 
‘‘(B) SAVINGS
IN
ADMINISTRATIVE
OR
PERSONNEL 
COSTS.—For purposes of subparagraph (A), savings in 
administrative or personnel costs alone do not constitute 
a sufficient justification for a consolidation of contract 
requirements in a procurement unless the expected total 
amount of the cost savings, as determined by the senior 
procurement executive or Chief Acquisition Officer, is 
expected to be substantial in relation to the total cost 
of the procurement. 
‘‘(3) BENEFITS TO BE CONSIDERED.—The benefits considered 
for the purposes of paragraphs (1) and (2) may include cost 
and, regardless of whether quantifiable in dollar amounts— 
‘‘(A) quality; 
‘‘(B) acquisition cycle; 
‘‘(C) terms and conditions; and 
‘‘(D) any other benefit. 
‘‘(4) DEPARTMENT OF DEFENSE.— 
‘‘(A) IN
GENERAL.—The Department of Defense and 
each military department shall comply with this section 
until after the date described in subparagraph (C). 
‘‘(B) RULE.—After the date described in subparagraph 
(C), contracting by the Department of Defense or a military 
department shall be conducted in accordance with section 
2382 of title 10, United States Code. 
‘‘(C) DATE.—The date described in this subparagraph 
is the date on which the Administrator determines the 
Department of Defense or a military department is in 
compliance with the Government-wide contracting goals 
under section 15.’’. 
(b) 
TECHNICAL
AND
CONFORMING
AMENDMENT.—Section 
2382(b)(1) of title 10, United States Code, is amended by striking 
‘‘An official’’ and inserting ‘‘Subject to section 44(c)(4), an official’’.
H. R. 5297—37 
SEC. 1314. SMALL BUSINESS TEAMS PILOT PROGRAM. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Pilot Program’’ means the Small Business 
Teaming Pilot Program established under subsection (b); and 
(2) the term ‘‘eligible organization’’ means a well-estab-
lished national organization for small business concerns with 
the capacity to provide assistance to small business concerns 
(which may be provided with the assistance of the Adminis-
trator) relating to— 
(A) customer relations and outreach; 
(B) team relations and outreach; and 
(C) performance measurement and quality assurance. 
(b) ESTABLISHMENT.—The Administrator shall establish a Small 
Business Teaming Pilot Program for teaming and joint ventures 
involving small business concerns. 
(c) GRANTS.—Under the Pilot Program, the Administrator may 
make grants to eligible organizations to provide assistance and 
guidance to teams of small business concerns seeking to compete 
for larger procurement contracts. 
(d) CONTRACTING OPPORTUNITIES.—The Administrator shall 
work with eligible organizations receiving a grant under the Pilot 
Program to recommend appropriate contracting opportunities for 
teams or joint ventures of small business concerns. 
(e) REPORT.—Not later than 1 year before the date on which 
the authority to carry out the Pilot Program terminates under 
subsection (f), 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 effectiveness of the Pilot Program. 
(f) TERMINATION.—The authority to carry out the Pilot Program 
shall terminate 5 years after the date of enactment of this Act. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for grants under subsection (c) $5,000,000 for 
each of fiscal years 2010 through 2015. 
PART II—SUBCONTRACTING INTEGRITY 
SEC. 1321. SUBCONTRACTING MISREPRESENTATIONS. 
Not later than 1 year after the date of enactment of this 
Act, the Administrator, in consultation with the Administrator for 
Federal Procurement Policy, shall promulgate regulations relating 
to, and the Federal Acquisition Regulatory Council established 
under section 25(a) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 421(a)) shall amend the Federal Acquisition Regula-
tion issued under section 25 of such Act to establish a policy 
on, subcontracting compliance relating to small business concerns, 
including assignment of compliance responsibilities between con-
tracting offices, small business offices, and program offices and 
periodic oversight and review activities. 
SEC. 1322. SMALL BUSINESS SUBCONTRACTING IMPROVEMENTS. 
Section 8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)) 
is amended— 
(1) in subparagraph (E), by striking ‘‘and’’ at the end; 
(2) in subparagraph (F), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end, the following:
H. R. 5297—38 
‘‘(G) a representation that the offeror or bidder will— 
‘‘(i) make a good faith effort to acquire articles, 
equipment, supplies, services, or materials, or obtain 
the performance of construction work from the small 
business concerns used in preparing and submitting 
to the contracting agency the bid or proposal, in the 
same amount and quality used in preparing and 
submitting the bid or proposal; and 
‘‘(ii) provide to the contracting officer a written 
explanation if the offeror or bidder fails to acquire 
articles, equipment, supplies, services, or materials or 
obtain the performance of construction work as 
described in clause (i).’’. 
PART III—ACQUISITION PROCESS 
SEC. 1331. RESERVATION OF PRIME CONTRACT AWARDS FOR SMALL 
BUSINESSES. 
Section 15 of the Small Business Act (15 U.S.C. 644), as 
amended by this Act, is amended by adding at the end the following: 
‘‘(r) MULTIPLE AWARD CONTRACTS.—Not later than 1 year after 
the date of enactment of this subsection, the Administrator for 
Federal Procurement Policy and the Administrator, in consultation 
with the Administrator of General Services, shall, by regulation, 
establish guidance under which Federal agencies may, at their 
discretion— 
‘‘(1) set aside part or parts of a multiple award contract 
for small business concerns, including the subcategories of small 
business concerns identified in subsection (g)(2); 
‘‘(2) notwithstanding the fair opportunity requirements 
under section 2304c(b) of title 10, United States Code, and 
section 303J(b) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253j(b)), set aside orders placed 
against multiple award contracts for small business concerns, 
including the subcategories of small business concerns identi-
fied in subsection (g)(2); and 
‘‘(3) reserve 1 or more contract awards for small business 
concerns under full and open multiple award procurements, 
including the subcategories of small business concerns identi-
fied in subsection (g)(2).’’. 
SEC. 1332. MICRO-PURCHASE GUIDELINES. 
Not later than 1 year after the date of enactment of this 
Act, the Director of the Office of Management and Budget, in 
coordination with the Administrator of General Services, shall issue 
guidelines regarding the analysis of purchase card expenditures 
to identify opportunities for achieving and accurately measuring 
fair participation of small business concerns in purchases in an 
amount not in excess of the micro-purchase threshold, as defined 
in section 32 of the Office of Federal Procurement Policy Act (41 
U.S.C. 428) (in this section referred to as ‘‘micro-purchases’’), con-
sistent with the national policy on small business participation 
in Federal procurements set forth in sections 2(a) and 15(g) of 
the Small Business Act (15 U.S.C. 631(a) and 644(g)), and dissemi-
nation of best practices for participation of small business concerns 
in micro-purchases.
H. R. 5297—39 
SEC. 1333. AGENCY ACCOUNTABILITY. 
Section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) 
is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; 
(2) by striking ‘‘Goals established’’ and inserting the fol-
lowing: 
‘‘(B) Goals established’’; 
(3) by striking ‘‘Whenever’’ and inserting the following: 
‘‘(C) Whenever’’; 
(4) by striking ‘‘For the purpose of’’ and inserting the fol-
lowing: 
‘‘(D) For the purpose of’’; 
(5) by striking ‘‘The head of each Federal agency, in 
attempting to attain such participation’’ and inserting the fol-
lowing: 
‘‘(E) The head of each Federal agency, in attempting to attain 
the participation described in subparagraph (D)’’. 
(6) in subparagraph (E), as so designated— 
(A) by striking ‘‘(A) contracts’’ and inserting ‘‘(i) con-
tracts’’; and 
(B) by striking ‘‘(B) contracts’’ and inserting ‘‘(ii) con-
tracts’’; and 
(7) by adding at the end the following: 
‘‘(F)(i) Each procurement employee or program manager 
described in clause (ii) shall communicate to the subordinates of 
the procurement employee or program manager the importance 
of achieving small business goals. 
‘‘(ii) A procurement employee or program manager described 
in this clause is a senior procurement executive, senior program 
manager, or Director of Small and Disadvantaged Business Utiliza-
tion of a Federal agency having contracting authority.’’. 
SEC. 1334. PAYMENT OF SUBCONTRACTORS. 
Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is 
amended by adding at the end the following: 
‘‘(12) PAYMENT OF SUBCONTRACTORS.— 
‘‘(A) DEFINITION.—In this paragraph, the term ‘covered con-
tract’ means a contract relating to which a prime contractor 
is required to develop a subcontracting plan under paragraph 
(4) or (5). 
‘‘(B) NOTICE.— 
‘‘(i) IN
GENERAL.—A prime contractor for a covered 
contract shall notify in writing the contracting officer for 
the covered contract if the prime contractor pays a reduced 
price to a subcontractor for goods and services upon comple-
tion of the responsibilities of the subcontractor or the pay-
ment to a subcontractor is more than 90 days past due 
for goods or services provided for the covered contract 
for which the Federal agency has paid the prime contractor. 
‘‘(ii) CONTENTS.—A prime contractor shall include the 
reason for the reduction in a payment to or failure to 
pay a subcontractor in any notice made under clause (i). 
‘‘(C) PERFORMANCE.—A contracting officer for a covered 
contract shall consider the unjustified failure by a prime con-
tractor to make a full or timely payment to a subcontractor 
in evaluating the performance of the prime contractor.
H. R. 5297—40 
‘‘(D) CONTROL OF FUNDS.—If the contracting officer for a 
covered contract determines that a prime contractor has a 
history of unjustified, untimely payments to contractors, the 
contracting officer shall record the identity of the contractor 
in accordance with the regulations promulgated under subpara-
graph (E). 
‘‘(E) REGULATIONS.—Not later than 1 year after the date 
of enactment of this paragraph, the Federal Acquisition Regu-
latory Council established under section 25(a) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 421(a)) shall 
amend the Federal Acquisition Regulation issued under section 
25 of such Act to— 
‘‘(i) describe the circumstances under which a con-
tractor may be determined to have a history of unjustified, 
untimely payments to subcontractors; 
‘‘(ii) establish a process for contracting officers to record 
the identity of a contractor described in clause (i); and 
‘‘(iii) require the identity of a contractor described in 
clause (i) to be incorporated in, and made publicly available 
through, the Federal Awardee Performance and Integrity 
Information System, or any successor thereto.’’. 
SEC. 1335. REPEAL OF SMALL BUSINESS COMPETITIVENESS DEM-
ONSTRATION PROGRAM. 
(a) IN
GENERAL.—The Business Opportunity Development 
Reform Act of 1988 (Public Law 100–656) is amended by striking 
title VII (15 U.S.C. 644 note). 
(b) EFFECTIVE
DATE
AND
APPLICABILITY.—The amendment 
made by this section— 
(1) shall take effect on the date of enactment of this Act; 
and 
(2) apply to the first full fiscal year after the date of 
enactment of this Act. 
PART IV—SMALL BUSINESS SIZE AND STATUS 
INTEGRITY 
SEC. 1341. POLICY AND PRESUMPTIONS. 
Section 3 of the Small Business Act (15 U.S.C. 632), as amended 
by section 1311, is amended by adding at the end the following: 
‘‘(w) PRESUMPTION.— 
‘‘(1) IN GENERAL.—In every contract, subcontract, coopera-
tive agreement, cooperative research and development agree-
ment, or grant which is set aside, reserved, or otherwise classi-
fied as intended for award to small business concerns, there 
shall be a presumption of loss to the United States based 
on the total amount expended on the contract, subcontract, 
cooperative agreement, cooperative research and development 
agreement, or grant whenever it is established that a business 
concern other than a small business concern willfully sought 
and received the award by misrepresentation. 
‘‘(2) DEEMED CERTIFICATIONS.—The following actions shall 
be deemed affirmative, willful, and intentional certifications 
of small business size and status: 
‘‘(A) Submission of a bid or proposal for a Federal 
grant, contract, subcontract, cooperative agreement, or 
cooperative research and development agreement reserved,
H. R. 5297—41 
set aside, or otherwise classified as intended for award 
to small business concerns. 
‘‘(B) Submission of a bid or proposal for a Federal 
grant, contract, subcontract, cooperative agreement, or 
cooperative research and development agreement which 
in any way encourages a Federal agency to classify the 
bid or proposal, if awarded, as an award to a small business 
concern. 
‘‘(C) Registration on any Federal electronic database 
for the purpose of being considered for award of a Federal 
grant, contract, subcontract, cooperative agreement, or 
cooperative research agreement, as a small business con-
cern. 
‘‘(3) CERTIFICATION BY SIGNATURE OF RESPONSIBLE OFFI-
CIAL.— 
‘‘(A) IN GENERAL.—Each solicitation, bid, or application 
for a Federal contract, subcontract, or grant shall contain 
a certification concerning the small business size and status 
of a business concern seeking the Federal contract, sub-
contract, or grant. 
‘‘(B) CONTENT OF CERTIFICATIONS.—A certification that 
a business concern qualifies as a small business concern 
of the exact size and status claimed by the business concern 
for purposes of bidding on a Federal contract or sub-
contract, or applying for a Federal grant, shall contain 
the signature of an authorized official on the same page 
on which the certification is contained. 
‘‘(4) REGULATIONS.—The Administrator shall promulgate 
regulations to provide adequate protections to individuals and 
business concerns from liability under this subsection in cases 
of unintentional errors, technical malfunctions, and other 
similar situations.’’. 
SEC. 1342. ANNUAL CERTIFICATION. 
Section 3 of the Small Business Act (15 U.S.C. 632), as amended 
by section 1341, is amended by adding at the end the following: 
‘‘(x) ANNUAL CERTIFICATION.— 
‘‘(1) IN GENERAL.—Each business certified as a small busi-
ness concern under this Act shall annually certify its small 
business size and, if appropriate, its small business status, 
by means of a confirming entry on the Online Representations 
and Certifications Application database of the Administration, 
or any successor thereto. 
‘‘(2) REGULATIONS.—Not later than 1 year after the date 
of enactment of this subsection, the Administrator, in consulta-
tion with the Inspector General and the Chief Counsel for 
Advocacy of the Administration, shall promulgate regulations 
to ensure that— 
‘‘(A) no business concern continues to be certified as 
a small business concern on the Online Representations 
and Certifications Application database of the Administra-
tion, or any successor thereto, without fulfilling the require-
ments for annual certification under this subsection; and 
‘‘(B) the requirements of this subsection are imple-
mented in a manner presenting the least possible regu-
latory burden on small business concerns.’’.
H. R. 5297—42 
SEC. 1343. TRAINING FOR CONTRACTING AND ENFORCEMENT PER-
SONNEL. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Federal Acquisition Institute, in consultation 
with the Administrator for Federal Procurement Policy, the Defense 
Acquisition University, and the Administrator, shall develop courses 
for acquisition personnel concerning proper classification of business 
concerns and small business size and status for purposes of Federal 
contracts, subcontracts, grants, cooperative agreements, and 
cooperative research and development agreements. 
(b) POLICY ON PROSECUTIONS OF SMALL BUSINESS SIZE AND 
STATUS FRAUD.—Section 3 of the Small Business Act (15 U.S.C. 
632), as amended by section 1342, is amended by adding at the 
end the following: 
‘‘(y) POLICY ON PROSECUTIONS OF SMALL BUSINESS SIZE AND 
STATUS FRAUD.—Not later than 1 year after the date of enactment 
of this subsection, the Administrator, in consultation with the 
Attorney General, shall issue a Government-wide policy on prosecu-
tion of small business size and status fraud, which shall direct 
Federal agencies to appropriately publicize the policy.’’. 
SEC. 1344. UPDATED SIZE STANDARDS. 
(a) ROLLING REVIEW.— 
(1) IN GENERAL.—The Administrator shall— 
(A) during the 18-month period beginning on the date 
of enactment of this Act, and during every 18-month period 
thereafter, conduct a detailed review of not less than 1⁄3 
of the size standards for small business concerns estab-
lished under section 3(a)(2) of the Small Business Act (15 
U.S.C. 632(a)(2)), which shall include holding not less than 
2 public forums located in different geographic regions 
of the United States; 
(B) after completing each review under subparagraph 
(A) make appropriate adjustments to the size standards 
established under section 3(a)(2) of the Small Business 
Act to reflect market conditions; 
(C) make publicly available— 
(i) information regarding the factors evaluated as 
part of each review conducted under subparagraph 
(A); and 
(ii) information regarding the criteria used for any 
revised size standards promulgated under subpara-
graph (B); and 
(D) not later than 30 days after the date on which 
the Administrator completes each review under subpara-
graph (A), 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 a report regarding the review, 
including why the Administrator— 
(i) used the factors and criteria described in 
subparagraph (C); and 
(ii) adjusted or did not adjust each size standard 
that was reviewed under the review. 
(2) COMPLETE REVIEW OF SIZE STANDARDS.—The Adminis-
trator shall ensure that each size standard for small business 
concerns established under section 3(a)(2) of the Small Business
H. R. 5297—43 
Act (15 U.S.C. 632(a)(2)) is reviewed under paragraph (1) not 
less frequently than once every 5 years. 
(b) RULES.—Not later than 1 year after the date of enactment 
of this Act, the Administrator shall promulgate rules for conducting 
the reviews required under subsection (a). 
SEC. 1345. STUDY AND REPORT ON THE MENTOR-PROTEGE PROGRAM. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall conduct a study of the mentor-protege program of the Adminis-
tration for small business concerns participating in programs under 
section 8(a) of the Small Business Act (15 U.S.C. 637(a)), and 
other relationships and strategic alliances pairing a larger business 
and a small business concern partner to gain access to Federal 
Government contracts, to determine whether the programs and 
relationships are effectively supporting the goal of increasing the 
participation of small business concerns in Government contracting. 
(b) MATTERS TO BE STUDIED.—The study conducted under this 
section shall include— 
(1) a review of a broad cross-section of industries; and 
(2) an evaluation of— 
(A) how each Federal agency carrying out a program 
described in subsection (a) administers and monitors the 
program; 
(B) whether there are systems in place to ensure that 
the mentor-protege relationship, or similar affiliation, pro-
motes real gain to the protege, and is not just a mechanism 
to enable participants that would not otherwise qualify 
under section 8(a) of the Small Business Act (15 U.S.C. 
637(a)) to receive contracts under that section; and 
(C) the degree to which protege businesses become 
able to compete for Federal contracts without the assistance 
of a mentor. 
(c) REPORT TO CONGRESS.—Not later than 180 days after the 
date of enactment of this Act, the Comptroller General 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 results of the study conducted 
under this section. 
SEC. 1346. CONTRACTING GOALS REPORTS. 
Section 15(h)(2) of the Small Business Act (15 U.S.C. 644(h)(2)) 
is amended by striking ‘‘submit them’’ and all that follows through 
‘‘the following:’’ and inserting ‘‘submit to the President and the 
Committee on Small Business and Entrepreneurship of the Senate 
and the Committee on Small Business of the House of Representa-
tives the compilation and analysis, which shall include the fol-
lowing:’’. 
SEC. 1347. SMALL BUSINESS CONTRACTING PARITY. 
(a) DEFINITIONS.—In this section— 
(1) the terms ‘‘Administration’’ and ‘‘Administrator’’ mean 
the Small Business Administration and the Administrator 
thereof, respectively; and 
(2) the terms ‘‘HUBZone small business concern’’, ‘‘small 
business concern’’, ‘‘small business concern owned and con-
trolled by service-disabled veterans’’, and ‘‘small business con-
cern owned and controlled by women’’ have the same meanings 
as in section 3 of the Small Business Act (15 U.S.C. 632).
H. R. 5297—44 
(b) CONTRACTING IMPROVEMENTS.— 
(1) CONTRACTING
OPPORTUNITIES.—Section 31(b)(2)(B) of 
the Small Business Act (15 U.S.C. 657a(b)(2)(B)) is amended 
by striking ‘‘shall’’ and inserting ‘‘may’’. 
(2) CONTRACTING
GOALS.—Section 15(g)(1) of the Small 
Business Act (15 U.S.C. 644(g)(1)) is amended in the fourth 
sentence by inserting ‘‘and subcontract’’ after ‘‘not less than 
3 percent of the total value of all prime contract’’. 
(3) MENTOR-PROTEGE PROGRAMS.—The Administrator may 
establish mentor-protege programs for small business concerns 
owned and controlled by service-disabled veterans, small busi-
ness concerns owned and controlled by women, and HUBZone 
small business concerns modeled on the mentor-protege pro-
gram of the Administration for small business concerns partici-
pating in programs under section 8(a) of the Small Business 
Act (15 U.S.C. 637(a)). 
(c) SMALL BUSINESS CONTRACTING PROGRAMS PARITY.—Section 
31(b)(2) of the Small Business Act (15 U.S.C. 657a(b)(2)) is 
amended— 
(1) in the matter preceding subparagraph (A), by striking 
‘‘Notwithstanding any other provision of law—’’; 
(2) in subparagraph (A)— 
(A) in the matter preceding clause (i), by striking ‘‘a 
contracting’’ and inserting ‘‘SOLE SOURCE CONTRACTS.—A 
contracting’’; and 
(B) in clause (iii), by striking the semicolon at the 
end and inserting a period; 
(3) in subparagraph (B)— 
(A) by striking ‘‘a contract opportunity shall’’ and 
inserting ‘‘RESTRICTED
COMPETITION.—A contract oppor-
tunity may’’; and 
(B) by striking ‘‘; and’’ and inserting a period; and 
(4) in subparagraph (C), by striking ‘‘not later’’ and 
inserting ‘‘APPEALS.—Not later’’. 
Subtitle D—Small Business Management 
and Counseling Assistance 
SEC. 1401. MATCHING REQUIREMENTS UNDER SMALL BUSINESS PRO-
GRAMS. 
(a) MICROLOAN PROGRAM.—Section 7(m) of the Small Business 
Act (15 U.S.C. 636(m)) is amended— 
(1) in paragraph (3)(B)— 
(A) by striking ‘‘As a condition’’ and inserting the fol-
lowing: 
‘‘(i) IN GENERAL.—Subject to clause (ii), as a condi-
tion’’; 
(B) by striking ‘‘the Administration’’ and inserting ‘‘the 
Administrator’’; and 
(C) by adding at the end the following: 
‘‘(ii) WAIVER OF NON-FEDERAL SHARE.— 
‘‘(I) IN GENERAL.—Upon request by an inter-
mediary, and in accordance with this clause, the 
Administrator may waive, in whole or in part, 
the requirement to obtain non-Federal funds under 
clause (i) for a fiscal year. The Administrator may
H. R. 5297—45 
waive the requirement to obtain non-Federal funds 
under this clause for successive fiscal years. 
‘‘(II) 
CONSIDERATIONS.—In 
determining 
whether to waive the requirement to obtain non- 
Federal funds under this clause, the Administrator 
shall consider— 
‘‘(aa) the economic conditions affecting the 
intermediary; 
‘‘(bb) the impact a waiver under this 
clause would have on the credibility of the 
microloan program under this subsection; 
‘‘(cc) the demonstrated ability of the inter-
mediary to raise non-Federal funds; and 
‘‘(dd) the performance of the intermediary. 
‘‘(III) LIMITATIONS.— 
‘‘(aa) IN
GENERAL.—The Administrator 
may not waive the requirement to obtain non- 
Federal funds under this clause if granting 
the waiver would undermine the credibility 
of the microloan program under this sub-
section. 
‘‘(bb) SUNSET.—The Administrator may 
not waive the requirement to obtain non-Fed-
eral funds under this clause for fiscal year 
2013 or any fiscal year thereafter.’’; and 
(2) in paragraph (4)(B)— 
(A) by striking ‘‘As a condition’’ and all that follows 
through ‘‘the Administration shall require’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—Subject to clause (ii), as a condi-
tion of a grant made under subparagraph (A), the 
Administrator shall require’’; and 
(B) by adding at the end the following: 
‘‘(ii) WAIVER OF NON-FEDERAL SHARE.— 
‘‘(I) IN GENERAL.—Upon request by an inter-
mediary, and in accordance with this clause, the 
Administrator may waive, in whole or in part, 
the requirement to obtain non-Federal funds under 
clause (i) for a fiscal year. The Administrator may 
waive the requirement to obtain non-Federal funds 
under this clause for successive fiscal years. 
‘‘(II) 
CONSIDERATIONS.—In 
determining 
whether to waive the requirement to obtain non- 
Federal funds under this clause, the Administrator 
shall consider— 
‘‘(aa) the economic conditions affecting the 
intermediary; 
‘‘(bb) the impact a waiver under this 
clause would have on the credibility of the 
microloan program under this subsection; 
‘‘(cc) the demonstrated ability of the inter-
mediary to raise non-Federal funds; and 
‘‘(dd) the performance of the intermediary. 
‘‘(III) LIMITATIONS.— 
‘‘(aa) IN
GENERAL.—The Administrator 
may not waive the requirement to obtain non- 
Federal funds under this clause if granting
H. R. 5297—46 
the waiver would undermine the credibility 
of the microloan program under this sub-
section. 
‘‘(bb) SUNSET.—The Administrator may 
not waive the requirement to obtain non-Fed-
eral funds under this clause for fiscal year 
2013 or any fiscal year thereafter.’’. 
(b) WOMEN’S BUSINESS CENTER PROGRAM.—Section 29(c) of the 
Small Business Act (15 U.S.C. 656(c)) is amended— 
(1) in paragraph (1), by striking ‘‘As a condition’’ and 
inserting ‘‘Subject to paragraph (5), as a condition’’; and 
(2) by adding at the end the following: 
‘‘(5) WAIVER OF NON-FEDERAL SHARE RELATING TO TECH-
NICAL ASSISTANCE AND COUNSELING.— 
‘‘(A) IN
GENERAL.—Upon request by a recipient 
organization, and in accordance with this paragraph, the 
Administrator may waive, in whole or in part, the require-
ment to obtain non-Federal funds under this subsection 
for the technical assistance and counseling activities of 
the recipient organization carried out using financial assist-
ance under this section for a fiscal year. The Administrator 
may waive the requirement to obtain non-Federal funds 
under this paragraph for successive fiscal years. 
‘‘(B) CONSIDERATIONS.—In determining whether to 
waive the requirement to obtain non-Federal funds under 
this paragraph, the Administrator shall consider— 
‘‘(i) the economic conditions affecting the recipient 
organization; 
‘‘(ii) the impact a waiver under this clause would 
have on the credibility of the women’s business center 
program under this section; 
‘‘(iii) the demonstrated ability of the recipient 
organization to raise non-Federal funds; and 
‘‘(iv) the performance of the recipient organization. 
‘‘(C) LIMITATIONS.— 
‘‘(i) IN
GENERAL.—The Administrator may not 
waive the requirement to obtain non-Federal funds 
under this paragraph if granting the waiver would 
undermine the credibility of the women’s business 
center program under this section. 
‘‘(ii) SUNSET.—The Administrator may not waive 
the requirement to obtain non-Federal funds under 
this paragraph for fiscal year 2013 or any fiscal year 
thereafter.’’. 
(c) PROSPECTIVE REPEALS.—Effective October 1, 2012, the Small 
Business Act (15 U.S.C. 631 et seq.) is amended— 
(1) in section 7(m) (15 U.S.C. 636(m))— 
(A) in paragraph (3)(B)— 
(i) by striking ‘‘INTERMEDIARY
CONTRIBUTION.—’’ 
and all that follows through ‘‘Subject to clause (ii), 
as’’ and inserting ‘‘INTERMEDIARY CONTRIBUTION.—As’’; 
and 
(ii) by striking clause (ii); and 
(B) in paragraph (4)(B)— 
(i) by striking ‘‘CONTRIBUTION.—’’ and all that fol-
lows through ‘‘Subject to clause (ii), as’’ and inserting 
‘‘CONTRIBUTION.—As’’; and