In the nature of a substitute.

SA 2521. Mr. REID (for Ms. Landrieu) proposed an amendment to the
bill S. 2237, to provide a temporary income tax credit for increased
payroll and extend bonus depreciation for an additional year, and for
other purposes; as follows:

Strike all after the enacting clause and insert the
following:

DIVISION A--SMALL BUSINESS JOBS AND TAX RELIEF

SECTION 1. SHORT TITLE.

This division may be cited as the ``Small Business Jobs and
Tax Relief Act''.

SEC. 2. TEMPORARY TAX CREDIT FOR INCREASED PAYROLL.

(a) In General.--In the case of a qualified employer who
elects the application of this section, there shall be
allowed as a credit against the tax imposed by chapter 1 of
the Internal Revenue Code of 1986 for the taxable year which
includes December 31, 2012, an amount equal to 10 percent of
the excess (if any) of--
(1) the sum of the wages and compensation paid by such
qualified employer for qualified services during calendar
year 2012, over
(2) the sum of such wages and compensation paid during
calendar year 2011.
(b) Limitation.--The amount of the excess taken into
account under subsection (a) with respect to any qualified
employer shall not exceed $5,000,000.
(c) Wages and Compensation.--For purposes of this section--
(1) Wages.--The term ``wages'' has the meaning given such
term under section 3121 of the Internal Revenue Code of 1986
for purposes of the tax imposed by section 3111(a) of such
Code.
(2) Compensation.--The term ``compensation'' has the
meaning given such term under section 3231 of such Code for
purposes of the portion of the tax imposed by section 3221(a)
of such Code that corresponds to the tax imposed by section
3111(a) of such Code.
(3) Application of contribution and benefit base to
calendar year 2011.--For purposes of determining wages and
compensation under subsection (a)(2), the contribution and
benefit base as determined under section 230 of the Social
Security Act shall be such amount as in effect for calendar
year 2012.
(4) Special rule when no wages or compensation in 2011.--In
any case in which the sum of the wages and compensation paid
by a qualified employer for qualified services during
calendar year 2011 is zero, then the amount taken into
account under subsection (a)(2) shall be 80 percent of the
amount taken into account under subsection (a)(1).
(5) Coordination with other employment credits.--The amount
of the excess taken into account under subsection (a) shall
be reduced by the sum of all other Federal tax credits
determined with respect to wages or compensation paid in
calendar year 2012.
(d) Other Definitions.--
(1) Qualified employer.--For purposes of this section--
(A) In general.--The term ``qualified employer'' has the
meaning given such term under section 3111(d)(2) of the
Internal Revenue Code of 1986, determined by substituting
``section 101 of the Higher Education Act of 1965'' for
``section 101(b) of the Higher Education Act of 1965'' in
subparagraph (B) thereof.
(B) Aggregation rules.--Rules similar to the rules of
sections 414(b), 414(c), 414(m), and 414(o) of such Code
shall apply to determine when multiple entities shall be
treated as a single employer, and rules with respect to
predecessor and successor employers may be applied, in such
manner as may be prescribed by the Secretary of the Treasury
or the Secretary's designee (in this section referred to as
the ``Secretary'').
(2) Qualified services.--The term ``qualified services''
means services performed by an individual who is not
described in section 51(i)(1) of such Code (applied by
substituting ``qualified employer'' for ``taxpayer'' each
place it appears)--
(A) in a trade or business of the qualified employer, or
(B) in the case of a qualified employer exempt from tax
under section 501(a) of such Code, in furtherance of the
activities related to the purpose or function constituting
the basis of the employer's exemption under section 501 of
such Code.
(e) Application of Certain Rules.--Rules similar to the
rules of sections 280C(a) and 6501(m) of the Internal Revenue
Code of 1986 shall apply with respect to the credit
determined under this section.
(f) Treatment of Credit.--For purposes of the Internal
Revenue Code of 1986--
(1) Taxable employers.--
(A) In general.--The credit allowed under subsection (a)
with respect to qualified services described in subsection
(d)(2)(A) for any taxable year shall be added to the current
year business credit under section 38(b) of such Code for
such taxable year and shall be treated as a credit allowed
under subpart D of part IV of subchapter A of chapter 1 of
such Code.
(B) Limitation on carrybacks.--No portion of the unused
business credit under section 38 of such Code for any taxable
year which is attributable to an increase in the current year
business credit by reason of subparagraph (A) may be carried
to a taxable year beginning before the date of the enactment
of this section.
(2) Tax-exempt employers.--
(A) In general.--The credit allowed under subsection (a)
with respect to qualified services described in subsection
(d)(2)(B) for any taxable year--
(i) shall be treated as a credit allowed under subpart C of
part IV of subchapter A of chapter 1 of such Code, and
(ii) shall be added to the credits described in
subparagraph (A) of section 6211(b)(4) of such Code.
(B) Conforming amendment.--Section 1324(b)(2) of title 31,
United States Code, is amended by inserting ``or due under
section 2 of the Small Business Jobs and Tax Relief Act''
after ``the Housing Assistance Tax Act of 2008''.
(g) Treatment of Possessions.--
(1) Payments to possessions.--
(A) Mirror code possessions.--The Secretary shall pay to
each possession of the United States with a mirror code tax
system amounts equal to the loss to that possession by reason
of the application of subsections (a) through (f). Such
amounts shall be determined by the Secretary based on
information provided by the government of the respective
possession of the United States.
(B) Other possessions.--The Secretary shall pay to each
possession of the United States which does not have a mirror
code tax system the amount estimated by the Secretary as
being equal to the loss to that possession that would have
occurred by reason of the application of subsections (a)
through (f) if a mirror code tax system had been in effect in
such possession. The preceding sentence shall not apply with
respect to any possession of the United States unless such
possession establishes to the satisfaction of the Secretary
that the possession has implemented (or, at the discretion of
the Secretary, will implement) an income tax benefit which is
substantially equivalent to the income tax credit allowed
under such subsections.
(2) Coordination with credit allowed against united states
income taxes.--No increase in the credit determined under
section 38(b) of the Internal Revenue Code of 1986 against
United States income taxes for any taxable year determined by
reason of subsection (f)(1)(A) shall be taken into account
with respect to any person--
(A) to whom a credit is allowed against taxes imposed by
the possession by reason of this section for such taxable
year, or
(B) who is eligible for a payment under a plan described in
paragraph (1)(B) with respect to such taxable year.
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes of this
subsection, the term ``possession of the United States''
includes American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico,
and the United States Virgin Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means, with
respect to any possession of the United States, the income
tax system of such possession if the income tax liability of
the residents of such possession under such system is
determined by reference to the income tax laws of the United
States as if such possession were the United States.
(C) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, the payments
under this subsection shall be treated in the same manner as
a refund due from credit provisions described in such
section.
(h) Regulations.--The Secretary shall prescribe such
regulations or guidance as are necessary to carry out the
provisions of this section.

[[Page S4901]]

SEC. 3. EXTENSION OF ALLOWANCE FOR BONUS DEPRECIATION FOR
CERTAIN BUSINESS ASSETS.

(a) Extension of 100 Percent Bonus Depreciation.--
(1) In general.--Paragraph (5) of section 168(k) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``January 1, 2012'' each place it appears
and inserting ``January 1, 2013'', and
(B) by striking ``January 1, 2013'' and inserting ``January
1, 2014''.
(2) Conforming amendments.--
(A) The heading for paragraph (5) of section 168(k) of such
Code is amended by striking ``pre-2012 periods'' and
inserting ``pre-2013 periods''.
(B) Clause (ii) of section 460(c)(6)(B) of such Code is
amended by striking ``January 1, 2011 (January 1, 2012'' and
inserting ``January 1, 2013 (January 1, 2014''.
(3) Effective dates.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by this section shall apply to property
placed in service after December 31, 2011.
(B) Conforming amendment.--The amendment made by paragraph
(2)(B) shall apply to property placed in service after
December 31, 2010.
(b) Expansion of Election To Accelerate AMT Credits in Lieu
of Bonus Depreciation.--
(1) In general.--Paragraph (4) of section 168(k) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(4) Election to accelerate amt credits in lieu of bonus
depreciation.--
``(A) In general.--If a corporation elects to have this
paragraph apply for any taxable year--
``(i) paragraph (1) shall not apply to any eligible
qualified property placed in service by the taxpayer in such
taxable year,
``(ii) the applicable depreciation method used under this
section with respect to such property shall be the straight
line method, and
``(iii) the limitation imposed by section 53(c) for such
taxable year shall be increased by the bonus depreciation
amount which is determined for such taxable year under
subparagraph (B).
``(B) Bonus depreciation amount.--For purposes of this
paragraph--
``(i) In general.--The bonus depreciation amount for any
taxable year is an amount equal to 20 percent of the excess
(if any) of--

``(I) the aggregate amount of depreciation which would be
allowed under this section for eligible qualified property
placed in service by the taxpayer during such taxable year if
paragraph (1) applied to all such property, over
``(II) the aggregate amount of depreciation which would be
allowed under this section for eligible qualified property
placed in service by the taxpayer during such taxable year if
paragraph (1) did not apply to any such property.

The aggregate amounts determined under subclauses (I) and
(II) shall be determined without regard to any election made
under subsection (b)(2)(D), (b)(3)(D), or (g)(7) and without
regard to subparagraph (A)(ii).
``(ii) Limitation.--The bonus depreciation amount for any
taxable year shall not exceed the lesser of--

``(I) 50 percent of the minimum tax credit under section
53(b) for the first taxable year ending after December 31,
2011, reduced (but not below zero) by the sum of the bonus
depreciation amounts for all taxable years ending after such
date for which an election under this paragraph was made
which precede the taxable year for which the determination is
made (other than amounts determined with respect to property
placed in service by the taxpayer on or before such date), or
``(II) the minimum tax credit under section 53(b) for such
taxable year determined by taking into account only the
adjusted minimum tax for taxable years ending before January
1, 2012 (determined by treating credits as allowed on a
first-in, first-out basis).

``(iii) Aggregation rule.--All corporations which are
treated as a single employer under section 52(a) shall be
treated--

``(I) as 1 taxpayer for purposes of this paragraph, and
``(II) as having elected the application of this paragraph
if any such corporation so elects.

``(C) Eligible qualified property.--For purposes of this
paragraph, the term `eligible qualified property' means
qualified property under paragraph (2), except that in
applying paragraph (2) for purposes of this paragraph--
``(i) `March 31, 2008' shall be substituted for `December
31, 2007' each place it appears in subparagraph (A) and
clauses (i) and (ii) of subparagraph (E) thereof,
``(ii) `April 1, 2008' shall be substituted for `January 1,
2008' in subparagraph (A)(iii)(I) thereof, and
``(iii) only adjusted basis attributable to manufacture,
construction, or production--

``(I) after March 31, 2008, and before January 1, 2010, and
``(II) after December 31, 2010, and before January 1, 2013,
shall be taken into account under subparagraph (B)(ii)
thereof.

``(D) Credit refundable.--For purposes of section 6401(b),
the aggregate increase in the credits allowable under part IV
of subchapter A for any taxable year resulting from the
application of this paragraph shall be treated as allowed
under subpart C of such part (and not any other subpart).
``(E) Other rules.--
``(i) Election.--Any election under this paragraph may be
revoked only with the consent of the Secretary.
``(ii) Partnerships with electing partners.--In the case of
a corporation making an election under subparagraph (A) and
which is a partner in a partnership, for purposes of
determining such corporation's distributive share of
partnership items under section 702--

``(I) paragraph (1) shall not apply to any eligible
qualified property, and
``(II) the applicable depreciation method used under this
section with respect to such property shall be the straight
line method.

``(iii) Certain partnerships.--In the case of a partnership
in which more than 50 percent of the capital and profits
interests are owned (directly or indirectly) at all times
during the taxable year by one corporation (or by
corporations treated as 1 taxpayer under subparagraph
(B)(iii)), for purposes of subparagraph (B), each partner
shall take into account its distributive share of the amounts
determined by the partnership under subclauses (I) and (II)
of clause (i) of such subparagraph for the taxable year of
the partnership ending with or within the taxable year of the
partner. The preceding sentence shall apply only to amounts
determined with respect to property placed in service after
December 31, 2011.
``(iv) Special rule for passenger aircraft.--In the case of
any passenger aircraft, the written binding contract
limitation under paragraph (2)(A)(iii)(I) shall not apply for
purposes of subparagraphs (B)(i)(I) and (C).''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years ending after December 31, 2011.
(3) Transitional rule.--In the case of a taxable year
beginning before January 1, 2012, and ending after December
31, 2011, the bonus depreciation amount determined under
paragraph (4) of section 168(k) of the Internal Revenue Code
of 1986 for such year shall be the sum of--
(A) such amount determined under such paragraph as in
effect on the date before the date of enactment of this Act--
(i) taking into account only property placed in service
before January 1, 2012, and
(ii) multiplying the limitation under subparagraph (C)(ii)
of such paragraph (as so in effect) by a fraction the
numerator of which is the number of days in the taxable year
before January 1, 2012, and the denominator of which is the
number of days in the taxable year, and
(B) such amount determined under such paragraph as amended
by this Act--
(i) taking into account only property placed in service
after December 31, 2011, and
(ii) multiplying the limitation under subparagraph (B)(ii)
of such paragraph (as so in effect) by a fraction the
numerator of which is the number of days in the taxable year
after December 31, 2011, and the denominator of which is the
number of days in the taxable year.

DIVISION B--SUCCESS ACT OF 2012

SEC. 1. SHORT TITLE.

This division may be cited as the ``Success Ultimately
Comes from Capital, Contracting, Education, Strategic
Partnerships, and Smart Regulations Act of 2012'' or the
``SUCCESS Act of 2012''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this division is as follows:

DIVISION B--SUCCESS ACT OF 2012

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I--SMALL BUSINESS TAX EXTENDERS

Sec. 101. References.
Sec. 102. Extension of temporary exclusion of 100 percent of gain on
certain small business stock.
Sec. 103. Extension of increased amount allowed as a deduction for
start-up expenditures.
Sec. 104. Extension of reduction in recognition period for built-in
gains tax.
Sec. 105. Extension of 5-year carryback of general business credits of
eligible small businesses.
Sec. 106. Extension of increased expensing limitations and treatment of
certain real property as section 179 property.

TITLE II--ACCESS TO CAPITAL

Subtitle A--Expanding Access to Capital for Entrepreneurial Leaders

Sec. 211. Short title.
Sec. 212. Program authorization.
Sec. 213. Family of funds.
Sec. 214. Adjustment for inflation.
Sec. 215. Public availability of information.
Sec. 216. Authorized uses of licensing fees.
Sec. 217. Sense of Congress.

Subtitle B--Low-Interest Refinancing

Sec. 221. Low-interest refinancing under the local development business
loan program.

Subtitle C--SBA Lender Activity Index

Sec. 231. SBA lender activity index.

TITLE III--ACCESS TO GLOBAL MARKETS

Sec. 301. Short title.
Sec. 302. Report on improvements to Export.gov as a single window for
export information.
Sec. 303. Report on developing a single window for information about
export control compliance.

[[Page S4902]]

Sec. 304. Promotion of exporting.
Sec. 305. Export control education.
Sec. 306. Small Business Inter-Agency Task Force on Export Financing.
Sec. 307. Promotion of exports by rural small businesses.
Sec. 308. Registry of export management and export trading companies.
Sec. 309. Reverse trade missions.
Sec. 310. State Trade and Export Promotion Grant Program.
Sec. 311. Promotion of interagency details.
Sec. 312. Annual export strategy.

TITLE IV--ACCESS TO MENTORING, EDUCATION, AND STRATEGIC PARTNERSHIPS

Subtitle A--Measuring the Effectiveness of Resource Partners

Sec. 411. Expanding entrepreneurship.

Subtitle B--Women's Small Business Ownership

Sec. 421. Short title.
Sec. 422. Definition.
Sec. 423. Office of Women's Business Ownership.
Sec. 424. Women's Business Center Program.
Sec. 425. Study and report on economic issues facing women's business
centers.
Sec. 426. Study and report on oversight of women's business centers.

Subtitle C--Strengthening America's Small Business Development Centers

Sec. 431. Institutions of higher education.
Sec. 432. Updating funding levels for small business development
centers.
Sec. 433. Assistance to out-of-state small businesses.
Sec. 434. Termination of small business development center defense
economic transition assistance.
Sec. 435. National Small Business Development Center Advisory Board.
Sec. 436. Repeal of Paul D. Coverdell drug-free workplace program.

Subtitle D--Terminating the National Veterans Business Development
Corporation

Sec. 441. National Veterans Business Development Corporation.

TITLE V--ACCESS TO GOVERNMENT CONTRACTING

Subtitle A--Bonds

Sec. 511. Removal of sunset dates for certain provisions of the Small
Business Investment Act of 1958.

Subtitle B--Small Business Contracting Fraud Prevention

Sec. 521. Short title.
Sec. 522. Definitions.
Sec. 523. Fraud deterrence at the Small Business Administration.
Sec. 524. Veterans integrity in contracting.
Sec. 525. Section 8(a) program improvements.
Sec. 526. HUBZone improvements.
Sec. 527. Annual report on suspension, debarment, and prosecution.

Subtitle C--Fairness in Women-Owned Small Business Contracting

Sec. 531. Short title.
Sec. 532. Procurement program for women-owned small business concerns.
Sec. 533. Study and report on representation of women.

Subtitle D--Small Business Champion

Sec. 541. Short title.
Sec. 542. Offices of Small and Disadvantaged Business Utilization.
Sec. 543. Small Business Procurement Advisory Council.

TITLE VI--TRANSPARENCY, ACCOUNTABILITY, AND EFFECTIVENESS

Subtitle A--Small Business Common Application

Sec. 611. Definitions.
Sec. 612. Sense of Congress.
Sec. 613. Executive Committee On a Small Business Common Application.
Sec. 614. Authorization of appropriations.

Subtitle B--Government Accountability Office Review

Sec. 621. Government Accountability Office review.

TITLE I--SMALL BUSINESS TAX EXTENDERS

SEC. 101. REFERENCES.

Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.

SEC. 102. EXTENSION OF TEMPORARY EXCLUSION OF 100 PERCENT OF
GAIN ON CERTAIN SMALL BUSINESS STOCK.

(a) In General.--Paragraph (4) of section 1202(a) is
amended--
(1) by striking ``January 1, 2012'' and inserting ``January
1, 2014'', and
(2) by striking ``and 2011'' and inserting ``, 2011, 2012,
and 2013'' in the heading thereof.
(b) Technical Amendments.--
(1) Special rule for 2009 and certain period in 2010.--
Paragraph (3) of section 1202(a) is amended by adding at the
end the following new flush sentence:

``In the case of any stock which would be described in the
preceding sentence (but for this sentence), the acquisition
date for purposes of this subsection shall be the first day
on which such stock was held by the taxpayer determined after
the application of section 1223.''.
(2) 100 percent exclusion.--Paragraph (4) of section
1202(a) is amended by adding at the end the following new
flush sentence:

``In the case of any stock which would be described in the
preceding sentence (but for this sentence), the acquisition
date for purposes of this subsection shall be the first day
on which such stock was held by the taxpayer determined after
the application of section 1223.''.
(c) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall apply to stock acquired after December 31, 2011.
(2) Subsection (b)(1).--The amendment made by subsection
(b)(1) shall take effect as if included in section 1241(a) of
division B of the American Recovery and Reinvestment Act of
2009.
(3) Subsection (b)(2).--The amendment made by subsection
(b)(2) shall take effect as if included in section 2011(a) of
the Creating Small Business Jobs Act of 2010.

SEC. 103. EXTENSION OF INCREASED AMOUNT ALLOWED AS A
DEDUCTION FOR START-UP EXPENDITURES.

(a) In General.--Paragraph (3) of section 195(b) is
amended--
(1) by inserting ``, 2012, or 2013'' after ``2010'', and
(2) by inserting ``2012, and 2013'' in the heading thereof.
(b) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred in taxable years
beginning after December 31, 2011.

SEC. 104. EXTENSION OF REDUCTION IN RECOGNITION PERIOD FOR
BUILT-IN GAINS TAX.

(a) In General.--Paragraph (7) of section 1374(d) is
amended--
(1) by redesignating subparagraph (C) as subparagraph (D),
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Special rule for 2012 and 2013.--For dispositions of
property in taxable years beginning in 2012 or 2013,
subparagraphs (A) and (D) shall be applied by substituting
`5-year' for `10-year'.''.
(b) Technical Amendment.--Subparagraph (B) of section
1374(d)(2) is amended by inserting ``described in
subparagraph (A)'' after ``, for any taxable year''.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to taxable years beginning after December 31,
2011.

SEC. 105. EXTENSION OF 5-YEAR CARRYBACK OF GENERAL BUSINESS
CREDITS OF ELIGIBLE SMALL BUSINESSES.

(a) In General.--Subparagraph (A) of section 39(a)(4) is
amended by inserting ``or in taxable years beginning in 2012,
or 2013'' after ``2010''.
(b) Technical Amendment.--Section 38(c)(5)(B) is amended--
(1) by striking ``the sum of'', and
(2) by inserting ``for any taxable year to which
subparagraph (A) applies'' after ``or (4)''.
(c) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to credits determined in taxable years beginning after
December 31, 2011.
(2) Technical amendments.--The amendments made by
subsection (b) shall take effect as if included in section
2013(a) of the Creating Small Business Jobs Act of 2010.

SEC. 106. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND
TREATMENT OF CERTAIN REAL PROPERTY AS SECTION
179 PROPERTY.

(a) In General.--
(1) Dollar limitation.--Section 179(b)(1) is amended--
(A) by striking ``and'' at the end of subparagraph (C),
(B) by redesignating subparagraph (D) as subparagraph (E),
(C) by inserting after subparagraph (C) the following new
subparagraph:
``(D) $500,000 in the case of taxable years beginning in
2013, and'', and
(D) in subparagraph (E), as so redesignated, by striking
``2012'' and inserting ``2013''.
(2) Reduction in limitation.--Section 179(b)(2) is
amended--
(A) by striking ``and'' at the end of subparagraph (C),
(B) by redesignating subparagraph (D) as subparagraph (E),
(C) by inserting after subparagraph (C) the following new
subparagraph:
``(D) $2,000,000 in the case of taxable years beginning in
2013, and'', and
(D) in subparagraph (E), as so redesignated, by striking
``2012'' and inserting ``2013''.
(b) Computer Software.--Section 179(d)(1)(A)(ii) is amended
by striking ``2013'' and inserting ``2014''.
(c) Election.--Section 179(c)(2) is amended by striking
``2013'' and inserting ``2014''.
(d) Special Rules for Treatment of Qualified Real
Property.--
(1) In general.--Section 179(f)(1) is amended by striking
``2010 or 2011'' and inserting ``2010, 2011, or 2013''.
(2) Carryover limitation.--Section 179(f)(4) is amended by
striking subparagraphs (A) through (C) and inserting the
following:
``(A) In general.--Notwithstanding subsection (b)(3)(B)--
``(i) no amount attributable to qualified real property
placed in service in any taxable year beginning in 2010 or
2011 may be carried over to any taxable year beginning after
2011, and
``(ii) no amount attributable to qualified real property
placed in service in any taxable year beginning in 2013 may
be carried over to any taxable year beginning after 2013.

[[Page S4903]]

``(B) Treatment of disallowed amounts.--Except as provided
in subparagraph (C)--
``(i) Taxable years beginning after 2011.--To the extent
that any amount is not allowed to be carried over to a
taxable year beginning after 2011 by reason of subparagraph
(A)(i), this title shall be applied as if no election under
this section had been made with respect to such amount.
``(ii) Taxable years beginning after 2013.--To the extent
that any amount is not allowed to be carried over to a
taxable year beginning after 2013 by reason of subparagraph
(A)(ii), this title shall be applied as if no election under
this section had been made with respect to such amount.
``(C) Amounts carried over from certain taxable years.--
``(i) Amounts carried over from 2010.--If subparagraph
(B)(i) applies to any amount (or portion of an amount) which
is carried over from a taxable year other than the taxpayer's
last taxable year beginning in 2011, such amount (or portion
of an amount) shall be treated for purposes of this title as
attributable to property placed in service on the first day
of the taxpayer's last taxable year beginning in 2011.
``(ii) Amounts carried over from 2013.--If subparagraph
(B)(ii) applies to any amount (or portion of an amount) which
is carried over from a taxable year other than the taxpayer's
last taxable year beginning in 2013, such amount (or portion
of an amount) shall be treated for purposes of this title as
attributable to property placed in service on the first day
of the taxpayer's last taxable year beginning in 2013.''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2012.

TITLE II--ACCESS TO CAPITAL

Subtitle A--Expanding Access to Capital for Entrepreneurial Leaders

SEC. 211. SHORT TITLE.

This subtitle may be cited as the ``EXCEL Act of 2012''.

SEC. 212. PROGRAM AUTHORIZATION.

Section 303(b) of the Small Business Investment Act of 1958
(15 U.S.C. 683(b)) is amended, in the matter preceding
paragraph (1), in the first sentence, by inserting after
``issued by such companies'' the following: ``, in a total
amount that does not exceed $4,000,000,000 each fiscal year
(adjusted annually to reflect increases in the Consumer Price
Index established by the Bureau of Labor Statistics of the
Department of Labor)''.

SEC. 213. FAMILY OF FUNDS.

Section 303(b)(2)(B) of the Small Business Investment Act
of 1958 (15 U.S.C. 683(b)(2)(B)) is amended by striking
``$225,000,000'' and inserting ``$350,000,000''.

SEC. 214. ADJUSTMENT FOR INFLATION.

Section 303(b)(2) of the Small Business Investment Act of
1958 (15 U.S.C. 683(b)(2)) is amended by adding at the end
the following:
``(E) Adjustments.--
``(i) In general.--The dollar amounts in subparagraph
(A)(ii), subparagraph (B), and subparagraph (C)(ii)(I) shall
be adjusted annually to reflect increases in the Consumer
Price Index established by the Bureau of Labor Statistics of
the Department of Labor (in this subparagraph referred to as
the `CPI').
``(ii) Applicability.--The adjustments required by clause
(i)--

``(I) with respect to dollar amounts in subparagraphs
(A)(ii) and (C)(ii)(I) shall initially reflect increases in
the CPI during the period beginning on the effective date of
section 505 of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5; 123 Stat. 156) through the date of
enactment of this subparagraph and annually thereafter;
``(II) with respect to dollar amounts in subparagraph (B)
shall reflect increases in the CPI annually on and after the
date of enactment of this subparagraph.''.

SEC. 215. PUBLIC AVAILABILITY OF INFORMATION.

Section 303 of the Small Business Investment Act of 1958
(15 U.S.C. 683) is amended by adding at the end the
following:
``(l) Access to Fund Information.--Annually, the
Administrator shall make public on its website the following
information with respect to each small business investment
company:
``(1) The amount of capital deployed since fund inception.
``(2) The amount of leverage drawn since fund inception.
``(3) The number of investments since fund inception.
``(4) The number of businesses receiving capital since fund
inception.
``(5) Industry sectors receiving investment since fund
inception.
``(6) The amount of leverage principal repaid by the small
business investment company since fund inception.
``(7) A basic description of investment strategy.''.

SEC. 216. AUTHORIZED USES OF LICENSING FEES.

Section 301 of the Small Business Investment Act of 1958
(15 U.S.C. 681) is amended--
(1) by redesignating subsection (e) as subsection (d); and
(2) in subsection (d)(2)(B), as so redesignated, by
inserting before the period at the end the following: ``and
other small business investment company program needs''.

SEC. 217. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) small business investment companies would benefit from
partnerships with community banks and other lenders, and
should work with community banks and other lenders, to ensure
that if community banks and other lenders deny an application
by a small business concern for a loan, the community banks
or other lenders will refer the small business concern to
small business investment companies; and
(2) the Administrator of the Small Business Administration
(in this division referred to as the ``Administrator'')
should--
(A) increase outreach to community banks and other lenders
to encourage community banks and other lenders to invest in
small business investment companies;
(B) use the Internet to make publicly available in a timely
manner which small business investment companies are actively
soliciting investments and making investments in small
business concerns;
(C) partner with governors, mayors, States, and
municipalities to increase outreach by small business
investment companies to underserved and rural areas; and
(D) continue to make changes to the webpage for the small
business investment company program, to make the webpage--
(i) a more prominent part of the website of the
Administration; and
(ii) more user-friendly.

Subtitle B--Low-Interest Refinancing

SEC. 221. LOW-INTEREST REFINANCING UNDER THE LOCAL
DEVELOPMENT BUSINESS LOAN PROGRAM.

Section 1122(b) of the Small Business Jobs Act of 2010 (15
U.S.C. 696 note) is amended by striking ``2 years'' and
inserting ``on the date that is 3 years and 6 months''.

Subtitle C--SBA Lender Activity Index

SEC. 231. SBA LENDER ACTIVITY INDEX.

Section 4 of the Small Business Act (15 U.S.C. 633) is
amended by adding at the end the following:
``(g) SBA Lender Activity Index.--
``(1) Definition.--In this subsection, the term `covered
loan' means a loan made or debenture issued under this Act or
the Small Business Investment Act of 1958 (15 U.S.C. 661 et
seq.) by a private individual or entity.
``(2) Requirement.--Not later than 6 months after the date
of enactment of this subsection, the Administrator shall make
publicly available on the website of the Administration a
user-friendly database of information relating to lenders
making covered loans (to be known as the `Lender Activity
Index').
``(3) Data included.--
``(A) In general.--The database made available under
paragraph (2) shall include, for each lender making a covered
loan--
``(i) the name of the lender;
``(ii) the number of covered loans made by the lender;
``(iii) the total dollar amount of covered loans made by
the lender;
``(iv) a list of each ZIP code in which a recipient of a
covered loan made by the lender is located;
``(v) a list of the industries of the recipients to which
the lender made a covered loan;
``(vi) whether the covered loan is for an existing business
or a new business;
``(vii) the number and total dollar amount of covered loans
made by the lender to--

``(I) small business concerns owned and controlled by
women;
``(II) socially and economically disadvantaged small
business concerns (as defined in section 8(a)(4)(A)); and
``(III) small business concerns owned and controlled by
veterans; and

``(viii) whether the covered loan was made under section
7(a) or under the program to provide financing to small
business concerns through guarantees of loans under title V
of the Small Business Investment Act of 1958 (15 U.S.C. 695
et seq.).
``(B) Incorporation of data.--The Administrator shall--
``(i) include in the database made available under
paragraph (2) information relating to covered loans made
during fiscal years 2009, 2010, 2011, and 2012; and
``(ii) incorporate information relating to covered loans on
an ongoing basis.
``(C) Period of data availability.--The Administrator shall
retain information relating to a covered loan in the database
made available under paragraph (2) until not earlier than the
end of the third fiscal year beginning after the fiscal year
during which the covered loan was made.''.

TITLE III--ACCESS TO GLOBAL MARKETS

SEC. 301. SHORT TITLE.

This title may be cited as the ``Small Business Export
Growth Act of 2012''.

SEC. 302. REPORT ON IMPROVEMENTS TO EXPORT.GOV AS A SINGLE
WINDOW FOR EXPORT INFORMATION.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director of International Trade of
the Small Business Administration shall, after consultation
with the entities specified in subsection (b), submit to the
Committee on Small Business and Entrepreneurship and the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Small Business and the Committee
on Foreign Affairs of the House of Representatives a report
that includes the recommendations of the Director for
improving the experience provided by the website Export.gov
(or a successor website) as--
(1) a comprehensive resource for information about
exporting articles from the United States; and

[[Page S4904]]

(2) a single website for exporters to submit all
information required by the Federal Government with respect
to the exportation of articles from the United States.
(b) Entities Specified.--The entities specified in this
subsection are--
(1) small business concerns (as defined in section 3 of the
Small Business Act (15 U.S.C. 632)) that are exporters; and
(2) the President's Export Council, State agencies with
responsibility for export promotion or export financing,
district export councils, and trade associations.

SEC. 303. REPORT ON DEVELOPING A SINGLE WINDOW FOR
INFORMATION ABOUT EXPORT CONTROL COMPLIANCE.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Chief Counsel for Advocacy of the
Small Business Administration shall submit to the appropriate
congressional committees a report assessing the benefits of
developing a website to serve as--
(1) a comprehensive resource for complying with and
information about the export control laws and regulations of
the United States; and
(2) a single website for exporters to submit all
information required by the Federal Government with respect
to export controls.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Commerce, Science, and Transportation,
the Committee on Banking, Housing, and Urban Affairs, and the
Committee on Small Business and Entrepreneurship of the
Senate; and
(2) the Committee on Energy and Commerce, the Committee on
Foreign Affairs, and the Committee on Small Business of the
House of Representatives.

SEC. 304. PROMOTION OF EXPORTING.

Section 22(c)(11) of the Small Business Act (15 U.S.C.
649(c)(11)) is amended by inserting ``, which shall include
conducting not fewer than 1 outreach event each fiscal year
in each State that promotes exporting as a business
development opportunity for small business concerns'' before
the semicolon.

SEC. 305. EXPORT CONTROL EDUCATION.

Section 22 of the Small Business Act (15 U.S.C. 649) is
amended--
(1) by redesignating subsection (l) as subsection (n); and
(2) by inserting after subsection (k) the following:
``(l) Export Control Education.--The Associate
Administrator shall ensure that all programs of the
Administration to support exporting by small business
concerns place a priority on educating small business
concerns about Federal export control regulations.''.

SEC. 306. SMALL BUSINESS INTER-AGENCY TASK FORCE ON EXPORT
FINANCING.

The Administrator, in consultation with the Secretary of
Agriculture, the President of the Export-Import Bank of the
United States, and the President of the Overseas Private
Investment Corporation shall jointly establish a Small
Business Inter-Agency Task Force on Export Financing to--
(1) review and improve Federal export finance programs for
small business concerns; and
(2) coordinate the activities of the Federal Government to
assist small business concerns seeking to export.

SEC. 307. PROMOTION OF EXPORTS BY RURAL SMALL BUSINESSES.

(a) Small Business Administration-United States Department
of Agriculture Interagency Coordination.--
(1) Export financing programs.--In coordination with the
Secretary of Agriculture, the Administrator shall develop a
program to cross-train export finance specialists and
personnel from the Office of International Trade of the
Administration on the export financing programs of the
Department of Agriculture and the Foreign Agricultural
Service.
(2) Export assistance and business counseling programs.--In
coordination with the Secretary of Agriculture and the
Foreign Agricultural Service, the Administrator shall develop
a program to cross-train export finance specialists,
personnel from the Office of International Trade of the
Administration, Small Business Development Centers, women's
business centers, the Service Corps of Retired Executives
authorized by section 8(b)(1) of the Small Business Act (15
U.S.C. 637(b)(1)), Export Assistance Centers, and other
resource partners of the Administration on the export
assistance and business counseling programs of the Department
of Agriculture.
(b) Report on Lenders.--Section 7(a)(16)(F) of the Small
Business Act (15 U.S.C. 636(a)(16)(F)) is amended--
(1) in clause (i)--
(A) by redesignating subclauses (I) through (III) as items
(aa) through (cc), respectively, and adjusting the margins
accordingly;
(B) by striking ``list, have made'' and inserting the
following: ``list--

``(I) have made'';

(C) in item (cc), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(D) by adding at the end the following:

``(II) were located in a rural area, as that term is
defined in section 1393(a)(2) of the Internal Revenue Code of
1986, or a nonmetropolitan statistical area and have made--

``(aa) loans guaranteed by the Administration; or
``(bb) loans through the programs offered by the United
States Department of Agriculture or the Foreign Agricultural
Service.''; and
(2) in clause (ii)(II), by inserting ``and by resource
partners of the Administration'' after ``the
Administration''.
(c) Cooperation With Small Business Development Centers.--
Section 21(c)(3)(M) of the Small Business Act (15 U.S.C.
648(c)(3)(M)) is amended by inserting after ``the Department
of Commerce,'' the following: ``the Department of
Agriculture,''.
(d) List of Rural Export Assistance Resources.--Section
22(c)(7) of the Small Business Act (15 U.S.C. 649(c)(7)) is
amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) publishing an annual list of relevant resources and
programs of the district and regional offices of the
Administration, other Federal agencies, the small business
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, that--
``(i) are administered or offered by entities located in
rural or nonmetropolitan statistical areas; and
``(ii) offer export assistance or business counseling
services to rural small businesses concerns; and''.

SEC. 308. REGISTRY OF EXPORT MANAGEMENT AND EXPORT TRADING
COMPANIES.

(a) Coordination With Export Management Companies and
Export Trading Companies.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
establish a program to register export management companies,
as that term is defined by the Department of Commerce, and
export trading companies, as that term is defined in section
103 of the Export Trading Company Act of 1982 (15 U.S.C.
4002).
(b) Requirements.--The program established under subsection
(a) shall--
(1) be similar to the program of the Administration for
registering franchise companies, as in effect on the date of
enactment of this Act; and
(2) require that a list of the export management companies
and export trading companies that register under the program,
categorized by the type of product exported by the company,
be made available on the website of the Administration.

SEC. 309. REVERSE TRADE MISSIONS.

Section 22(c) of the Small Business Act (15 U.S.C. 649(c))
is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) in paragraph (13), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(14) in coordination with other relevant Federal
agencies, encourage the participation of employees and
resource partners of the Administration in reverse trade
missions hosted or sponsored by the Federal Government.''.

SEC. 310. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM.

Section 1207(a)(5) of the Small Business Jobs Act of 2010
(15 U.S.C. 649b note) is amended by inserting after ``Guam,''
the following: ``the Commonwealth of the Northern Mariana
Islands,''.

SEC. 311. PROMOTION OF INTERAGENCY DETAILS.

It is the sense of Congress that the Administrator should
periodically detail staff of the Administration to other
Federal agencies that are members of the Trade Promotion
Coordinating Committee, to facilitate the cross training of
the staff of the Administration on the export assistance
programs of such other agencies.

SEC. 312. ANNUAL EXPORT STRATEGY.

Section 22 of the Small Business Act (15 U.S.C. 649), as
amended by section 305 of this division, is amended by adding
at the end the following:
``(m) Small Business Trade Strategy.--
``(1) Development of small business trade strategy.--The
Associate Administrator shall develop and maintain a small
business trade strategy that is included in the report on the
governmentwide strategic plan for Federal trade promotion
required to be submitted to Congress by the Trade Promotion
Coordinating Committee under section 2312(f)(1) of the Export
Enhancement Act of 1988 (15 U.S.C. 4727(f)(1)) that includes,
at a minimum--
``(A) strategies to increase export opportunities for small
business concerns, including a specific strategy to increase
opportunities for small business concerns that are new to
exporting;
``(B) recommendations to increase the competitiveness in
the global economy of small business concerns in the United
States that are part of industries in which small business
concerns account for a high proportion of participating
businesses;
``(C) recommendations to protect small business concerns
from unfair trade practices, including intellectual property
violations;
``(D) recommendations for strategies to promote and
facilitate opportunities in the foreign markets that are most
accessible for small business concerns that are new to
exporting; and

[[Page S4905]]

``(E) strategies to expand the representation of small
business concerns in the formation and implementation of
United States trade policy.
``(2) Annual report to congress.--At the beginning of each
fiscal year, 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 on the small business trade strategy
required under paragraph (1), which shall contain, at a
minimum--
``(A) a description of each strategy and recommendation
described in paragraph (1);
``(B) specific policies and objectives, together with
timelines for the implementation of such policies and
objectives; and
``(C) a description of the progress of the Administration
in implementing the strategies and recommendations contained
in the report submitted for the preceding fiscal year.''.

TITLE IV--ACCESS TO MENTORING, EDUCATION, AND STRATEGIC PARTNERSHIPS

Subtitle A--Measuring the Effectiveness of Resource Partners

SEC. 411. EXPANDING ENTREPRENEURSHIP.

Section 4 of the Small Business Act (15 U.S.C. 633), as
amended by this division, is amended by adding at the end the
following:
``(h) Management and Direction.--
``(1) Plan for entrepreneurial development and job creation
strategy.--
``(A) Plan required.--The Administrator, in consultation
with a representative from each entrepreneurial development
program of the Administration, shall develop and submit to
Congress a plan for using the entrepreneurial development
programs of the Administration to create jobs during fiscal
years 2013 and 2014.
``(B) Contents of plan.--The plan required under
subparagraph (A) shall--
``(i) include the plan of the Administrator for using
existing programs, including small business development
centers, women's business centers, the Service Corps of
Retired Executives authorized by section 8(b)(1), Veterans
Business Outreach Centers, and programs of the Office of
Native American Affairs, to create jobs;
``(ii) identify a strategy for each region of the
Administration to use programs of the Administration to
create or retain jobs in the region; and
``(iii) establish performance measures and criteria,
including goals for job creation, job retention, and job
retraining, to evaluate the success of the plan.
``(2) Data collection process.--
``(A) In general.--The Administrator shall, after notice
and opportunity for comment, promulgate a rule to develop and
implement a consistent data collection process for the
entrepreneurial development programs.
``(B) Contents.--The data collection process developed
under subparagraph (A) shall collect data relating to job
creation and performance and any other data determined
appropriate by the Administrator.
``(3) Coordination and alignment of sba entrepreneurial
development programs.--The Administrator, in consultation
with other Federal departments and agencies as the
Administrator determines is appropriate, shall submit an
annual report to Congress describing opportunities to foster
coordination of, limit duplication among, and improve program
delivery for Federal entrepreneurial development programs.
``(4) Database of entrepreneurial development service
providers.--
``(A) Establishment.--After providing a period of 60 days
for public comment, the Administrator shall--
``(i) establish a database of providers of entrepreneurial
development services; and
``(ii) make the database available through the website of
the Administration.
``(B) Searchability.--The database established under
subparagraph (A) shall be searchable by industry, geographic
location, and service required.
``(5) Community specialist.--
``(A) Designation.--The Administrator shall designate not
fewer than 1 staff member in each district office of the
Administration as a community specialist whose full-time
responsibility is working with local providers of
entrepreneurial development services to increase coordination
with Federal entrepreneurial development programs.
``(B) Performance.--The Administrator shall develop
benchmarks for measuring the performance of community
specialists under this paragraph.''.

Subtitle B--Women's Small Business Ownership

SEC. 421. SHORT TITLE.

This subtitle may be cited as the ``Women's Small Business
Ownership Act of 2012''.

SEC. 422. DEFINITION.

In this subtitle, the term ``Administrator'' means the
Administrator of the Small Business Administration.

SEC. 423. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.

(a) In General.--Section 29(g) of the Small Business Act
(15 U.S.C. 656(g)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``in the areas'' and all
that follows through the end of subclause (I), and inserting
the following: ``to address issues concerning the management,
operations, manufacturing, technology, finance, retail and
product sales, international trade, Government contracting,
and other disciplines required for--

``(I) starting, operating, and increasing the business of a
small business concern;''; and

(ii) in clause (ii), by striking ``Women's Business Center
program'' each place that term appears and inserting
``women's business center program''; and
(B) in subparagraph (C), by inserting before the period at
the end the following: ``, the National Women's Business
Council, and any association of women's business centers'';
and
(2) by adding at the end the following:
``(3) Training.--The Administrator may provide annual
programmatic and financial examination training for women's
business ownership representatives and district office
technical representatives of the Administration to enable
representatives to carry out their responsibilities.
``(4) Program and transparency improvements.--The
Administrator shall maximize the transparency of the women's
business center financial assistance proposal process and the
programmatic and financial examination process by--
``(A) providing public notice of any announcement for
financial assistance under subsection (b) or a grant under
subsection (l) not later than the end of the first quarter of
each fiscal year;
``(B) in the announcement described in subparagraph (A),
outlining award and program evaluation criteria and
describing the weighting of the criteria for financial
assistance under subsection (b) and grants under subsection
(l);
``(C) minimizing paperwork and reporting requirements for
applicants for and recipients of financial assistance under
this section;
``(D) standardizing the programmatic and financial
examination process; and
``(E) providing to each women's business center, not later
than 60 days after the completion of a site visit to the
women's business center (whether conducted for an audit,
performance review, or other reason), a copy of any site
visit reports or evaluation reports prepared by district
office technical representatives or officers or employees of
the Administration.''.
(b) Change of Title.--
(1) In general.--Section 29 of the Small Business Act (15
U.S.C. 656) is amended--
(A) in subsection (a)--
(i) by striking paragraphs (1) and (4);
(ii) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(iii) by inserting before paragraph (4), as so
redesignated, the following:
``(2) the term `Director' means the Director of the Office
of Women's Business Ownership established under subsection
(g);'';
(B) by striking ``Assistant Administrator'' each place that
term appears and inserting ``Director''; and
(C) in subsection (g)(2), in the paragraph heading, by
striking ``Assistant administrator'' and inserting
``Director''.
(2) Women's business ownership act of 1988.--Title IV of
the Women's Business Ownership Act of 1988 (15 U.S.C. 7101 et
seq.) is amended--
(A) in section 403(a)(2)(B), by striking ``Assistant
Administrator'' and inserting ``Director'';
(B) in section 405, by striking ``Assistant Administrator''
and inserting ``Director''; and
(C) in section 406(c), by striking ``Assistant
Administrator'' and inserting ``Director''.

SEC. 424. WOMEN'S BUSINESS CENTER PROGRAM.

(a) Women's Business Center Financial Assistance.--Section
29 of the Small Business Act (15 U.S.C. 656) is amended--
(1) in subsection (a), as amended by section 423(b) of this
division--
(A) by inserting before paragraph (2) the following:
``(1) the term `association of women's business centers'
means an organization--
``(A) that represents not less than 51 percent of the
women's business centers that participate in a program under
this section; and
``(B) whose primary purpose is to represent women's
business centers;'';
(B) by inserting after paragraph (2) the following:
``(3) the term `eligible entity' means--
``(A) a private nonprofit organization;
``(B) a State, regional, or local economic development
organization;
``(C) a development, credit, or finance corporation
chartered by a State;
``(D) a junior or community college, as defined in section
312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f)); or
``(E) any combination of entities listed in subparagraphs
(A) through (D);''; and
(C) by adding after paragraph (5) the following:
``(6) the term `women's business center' means a project
conducted by an eligible entity under this section.'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), and adjusting the margins
accordingly;
(B) by striking ``The Administration'' and all that follows
through ``5-year projects'' and inserting the following:
``(1) In general.--The Administration may provide financial
assistance to an eligible entity to conduct a project under
this section'';
(C) by striking ``The projects shall'' and inserting the
following:

[[Page S4906]]

``(2) Use of funds.--The project shall be designed to
provide training and counseling that meets the needs of
women, especially socially and economically disadvantaged
women, and shall''; and
(D) by adding at the end the following:
``(3) Amount of financial assistance.--
``(A) In general.--The Administrator may award financial
assistance under this subsection of not less than $100,000
and not more than $150,000 per year.
``(B) Lower amount.--The Administrator may award financial
assistance under this subsection to a recipient in an amount
that is less than $100,000 if the Administrator determines
that the recipient is unable to make a non-Federal
contribution of $100,000 or more, as required under
subsection (c).
``(C) Equal allocations.--If the Administration has
insufficient funds to provide financial assistance of not
less than $100,000 for each recipient of financial assistance
under this subsection in any fiscal year, the Administrator
shall provide an equal amount of financial assistance to each
recipient in the fiscal year, unless a recipient requests a
lower amount than the allocated amount.
``(4) Consultation with associations of women's business
centers.--The Administrator shall consult with each
association of women's business centers to develop--
``(A) a training program for the staff of women's business
centers and the Administration; and
``(B) recommendations to improve the policies and
procedures for governing the general operations and
administration of the women's business center program,
including grant program improvements under subsection
(g)(4).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``the recipient
organization'' and inserting ``an eligible entity'';
(B) in paragraph (3), in the second sentence, by striking
``a recipient organization'' and inserting ``an eligible
entity'';
(C) in paragraph (4)--
(i) by striking ``recipient of assistance'' and inserting
``eligible entity'';
(ii) by striking ``such organization'' and inserting ``the
eligible entity''; and
(iii) by striking ``recipient'' and inserting ``eligible
entity''; and
(D) in paragraph (5)--
(i) in subparagraph (A), by striking ``a recipient
organization'' and inserting ``an eligible entity''; and
(ii) by striking ``the recipient organization'' each place
it appears and inserting ``the eligible entity''; and
(E) by adding at end the following:
``(6) Separation of project and funds.--An eligible entity
shall--
``(A) carry out a project under this section separately
from other projects, if any, of the eligible entity; and
``(B) separately maintain and account for any financial
assistance under this section.'';
(4) in subsection (e)--
(A) by striking ``applicant organization'' and inserting
``eligible entity'';
(B) by striking ``a recipient organization'' and inserting
``an eligible entity''; and
(C) by striking ``site'';
(5) by striking subsection (f) and inserting the following:
``(f) Applications and Criteria for Initial Financial
Assistance.--
``(1) Application.--Each eligible entity desiring financial
assistance under subsection (b) shall submit to the
Administrator an application that contains--
``(A) a certification that the eligible entity--
``(i) has designated an executive director or program
manager, who may be compensated using financial assistance
under subsection (b) or other sources, to manage the center
on a full-time basis;
``(ii) as a condition of receiving financial assistance
under subsection (b), agrees--

``(I) to receive a site visit by the Administrator as part
of the final selection process;
``(II) to undergo an annual programmatic and financial
examination; and
``(III) to the maximum extent practicable, to remedy any
problems identified pursuant to the site visit or examination
under subclause (I) or (II); and

``(iii) meets the accounting and reporting requirements
established by the Director of the Office of Management and
Budget;
``(B) information demonstrating that the eligible entity
has the ability and resources to meet the needs of the market
to be served by the women's business center for which
financial assistance under subsection (b) is sought,
including the ability to obtain the non-Federal contribution
required under subsection (c);
``(C) information relating to the assistance to be provided
by the women's business center for which financial assistance
under subsection (b) is sought in the area in which the
women's business center is located;
``(D) information demonstrating the experience and
effectiveness of the eligible entity in--
``(i) conducting financial, management, and marketing
assistance programs, as described in subsection (b)(2), which
are designed to teach or upgrade the business skills of women
who are business owners or potential business owners;
``(ii) providing training and services to a representative
number of women who are socially and economically
disadvantaged; and
``(iii) working with resource partners of the
Administration and other entities, such as universities; and
``(E) a 5-year plan that describes the ability of the
women's business center for which financial assistance is
sought--
``(i) to serve women who are business owners or potential
business owners by conducting training and counseling
activities; and
``(ii) to provide training and services to a representative
number of women who are socially and economically
disadvantaged.
``(2) Additional information.--The Administrator shall make
any request for additional information from an organization
applying for financial assistance under subsection (b) that
was not requested in the original announcement in writing.
``(3) Review and approval of applications for initial
financial assistance.--
``(A) In general.--The Administrator shall--
``(i) review each application submitted under paragraph
(1), based on the information described in such paragraph and
the criteria set forth under subparagraph (B) of this
paragraph; and
``(ii) to the extent practicable, as part of the final
selection process, conduct a site visit to each women's
business center for which financial assistance under
subsection (b) is sought.
``(B) Selection criteria.--
``(i) In general.--The Administrator shall evaluate
applicants for financial assistance under subsection (b) in
accordance with selection criteria that are--

``(I) established before the date on which applicants are
required to submit the applications;
``(II) stated in terms of relative importance; and
``(III) publicly available and stated in each solicitation
for applications for financial assistance under subsection
(b) made by the Administrator.

``(ii) Required criteria.--The selection criteria for
financial assistance under subsection (b) shall include--

``(I) the experience of the applicant in conducting
programs or ongoing efforts designed to teach or enhance the
business skills of women who are business owners or potential
business owners;
``(II) the ability of the applicant to begin a project
within a minimum amount of time;
``(III) the ability of the applicant to provide training
and services to a representative number of women who are
socially and economically disadvantaged; and
``(IV) the location for the women's business center
proposed by the applicant, including whether the applicant is
located in a State in which there is not a women's business
center receiving funding from the Administration.

``(C) Proximity.--If the principal place of business of an
applicant for financial assistance under subsection (b) is
located less than 50 miles from the principal place of
business of a women's business center that received funds
under this section on or before the date of the application,
the applicant shall not be eligible for the financial
assistance, unless the applicant submits a detailed written
justification of the need for an additional center in the
area in which the applicant is located.
``(D) Record retention.--The Administrator shall maintain a
copy of each application submitted under this subsection for
not less than 7 years.''; and
(6) in subsection (m)--
(A) by striking paragraph (3) and inserting the following:
``(3) Application and approval for renewal grants.--
``(A) Solicitation of applications.--The Administrator
shall solicit applications and award grants under this
subsection for the first fiscal year beginning after the date
of enactment of the Women's Small Business Ownership Act of
2012, and every third fiscal year thereafter.
``(B) Contents of application.--Each eligible entity
desiring a grant under this subsection shall submit to the
Administrator an application that contains--
``(i) a certification that the applicant--

``(I) is an eligible entity;
``(II) has designated a full-time executive director or
program manager to manage the women's business center
operated by the applicant; and
``(III) as a condition of receiving a grant under this
subsection, agrees--

``(aa) to receive a site visit as part of the final
selection process;
``(bb) to submit, for the 2 full fiscal years before the
date on which the application is submitted, annual
programmatic and financial examination reports or certified
copies of the compliance supplemental audits under OMB
Circular A-133 of the applicant; and
``(cc) to remedy any problem identified pursuant to the
site visit or examination under item (aa) or (bb);
``(ii) information demonstrating that the applicant has the
ability and resources to meet the needs of the market to be
served by the women's business center for which a grant under
this subsection is sought, including the ability to obtain
the non-Federal contribution required under paragraph (4)(C);
``(iii) information relating to assistance to be provided
by the women's business center in the area served by the
women's business center for which a grant under this
subsection is sought;
``(iv) information demonstrating that the applicant has
worked with resource partners of the Administration and other
entities;

[[Page S4907]]

``(v) a 3-year plan that describes the ability of the
women's business center for which a grant under this
subsection is sought--

``(I) to serve women who are business owners or potential
business owners by conducting training and counseling
activities; and
``(II) to provide training and services to a representative
number of women who are socially and economically
disadvantaged; and

``(vi) any additional information that the Administrator
may reasonably require.
``(C) Review and approval of applications for grants.--
``(i) In general.--The Administrator shall--

``(I) review each application submitted under subparagraph
(B), based on the information described in such subparagraph
and the criteria set forth under clause (ii) of this
subparagraph; and
``(II) whenever practicable, as part of the final selection
process, conduct a site visit to each women's business center
for which a grant under this subsection is sought.

``(ii) Selection criteria.--

``(I) In general.--The Administrator shall evaluate
applicants for grants under this subsection in accordance
with selection criteria that are--

``(aa) established before the date on which applicants are
required to submit the applications;
``(bb) stated in terms of relative importance; and
``(cc) publicly available and stated in each solicitation
for applications for grants under this subsection made by the
Administrator.

``(II) Required criteria.--The selection criteria for a
grant under this subsection shall include--

``(aa) the total number of entrepreneurs served by the
applicant;
``(bb) the total number of new startup companies assisted
by the applicant;
``(cc) the percentage of clients of the applicant that are
socially or economically disadvantaged; and
``(dd) the percentage of individuals in the community
served by the applicant who are socially or economically
disadvantaged.
``(iii) Conditions for continued funding.--In determining
whether to make a grant under this subsection, the
Administrator--

``(I) shall consider the results of the most recent
evaluation of the women's business center for which a grant
under this subsection is sought, and, to a lesser extent,
previous evaluations; and
``(II) may withhold a grant under this subsection, if the
Administrator determines that the applicant has failed to
provide the information required to be provided under this
paragraph, or the information provided by the applicant is
inadequate.

``(D) Notification.--Not later than 60 days after the date
of each deadline to submit applications, the Administrator
shall approve or deny any application under this paragraph
and notify the applicant for each such application of the
approval or denial.
``(E) Record retention.--The Administrator shall maintain a
copy of each application submitted under this paragraph for
not less than 7 years.''; and
(B) by striking paragraph (5) and inserting the following:
``(5) Award to previous recipients.--There shall be no
limitation on the number of times the Administrator may award
a grant to an applicant under this subsection.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Section 29 of the Small Business Act (15
U.S.C. 656) is amended--
(A) in subsection (h)(2), by striking ``to award a contract
(as a sustainability grant) under subsection (l) or'';
(B) in subsection (j)(1), by striking ``The
Administration'' and inserting ``Not later than November 1 of
each year, the Administrator'';
(C) in subsection (k)--
(i) by striking paragraphs (1), (2), and (4);
(ii) by redesignating paragraph (3) as paragraph (4); and
(iii) by inserting before paragraph (4), as so
redesignated, the following:
``(1) In general.--There are authorized to be appropriated
to the Administration to carry out this section, to remain
available until expended, $14,500,000 for each of fiscal
years 2013, 2014, and 2015.
``(2) Use of funds.--Amounts made available under this
subsection may only be used for grant awards and may not be
used for costs incurred by the Administration in connection
with the management and administration of the program under
this section.
``(3) Continuing grant and cooperative agreement
authority.--
``(A) Prompt disbursement.--Upon receiving funds to carry
out this section for a fiscal year, the Administrator shall,
to the extent practicable, promptly reimburse funds to any
women's business center awarded financial assistance under
this section if the center meets the eligibility requirements
under this section.
``(B) Suspension or termination.--If the Administrator has
entered into a grant or cooperative agreement with a women's
business center under this section, the Administrator may not
suspend or terminate the grant or cooperative agreement,
unless the Administrator--
``(i) provides the women's business center with written
notification setting forth the reasons for that action; and
``(ii) affords the women's business center an opportunity
for a hearing, appeal, or other administrative proceeding
under chapter 5 of title 5, United States Code.'';
(D) in subsection (m)--
(i) in paragraph (2), by striking ``subsection (b) or (l)''
and inserting ``this subsection or subsection (b)''; and
(ii) in paragraph (4)(D), by striking ``or subsection
(l)''; and
(E) by redesignating subsections (m) and (n), as amended by
this division, as subsections (l) and (m), respectively.
(2) Prospective repeal.--Section 1401(c)(2) of the Small
Business Jobs Act of 2010 (15 U.S.C. 636 note) is amended--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) by redesignating paragraph (6), as added by section
424(a)(3)(E) of the Women's Small Business Ownership Act of
2012, as paragraph (5).''.
(c) Effect on Existing Grants.--
(1) Terms and conditions.--A nonprofit organization
receiving a grant under section 29(m) of the Small Business
Act (15 U.S.C. 656(m)), as in effect on the day before the
date of enactment of this Act, shall continue to receive the
grant under the terms and conditions in effect for the grant
on the day before the date of enactment of this Act, except
that the nonprofit organization may not apply for a renewal
of the grant under section 29(m)(5) of the Small Business Act
(15 U.S.C. 656(m)(5)), as in effect on the day before the
date of enactment of this Act.
(2) Length of renewal grant.--The Administrator may award a
grant under section 29(l) of the Small Business Act, as so
redesignated by subsection (b)(1)(E) of this section, to a
nonprofit organization receiving a grant under section 29(m)
of the Small Business Act (15 U.S.C. 656(m)), as in effect on
the day before the date of enactment of this Act, for the
period--
(A) beginning on the day after the last day of the grant
agreement under such section 29(m); and
(B) ending at the end of the third fiscal year beginning
after the date of enactment of this Act.

SEC. 425. STUDY AND REPORT ON ECONOMIC ISSUES FACING WOMEN'S
BUSINESS CENTERS.

(a) Study.--The Comptroller General of the United States
shall conduct a broad study of the unique economic issues
facing women's business centers located in covered areas to
identify--
(1) the difficulties such centers face in raising non-
Federal funds;
(2) the difficulties such centers face in competing for
financial assistance, non-Federal funds, or other types of
assistance;
(3) the difficulties such centers face in writing grant
proposals; and
(4) other difficulties such centers face because of the
economy in the type of covered area in which such centers are
located.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
under subsection (a), which shall include recommendations, if
any, regarding how to--
(1) address the unique difficulties women's business
centers located in covered areas face because of the type of
covered area in which such centers are located;
(2) expand the presence of, and increase the services
provided by, women's business centers located in covered
areas; and
(3) best use technology and other resources to better serve
women business owners located in covered areas.
(c) Definition of Covered Area.--In this section, the term
``covered area'' means--
(1) any State that is predominantly rural, as determined by
the Administrator;
(2) any State that is predominantly urban, as determined by
the Administrator; and
(3) any State or territory that is an island.

SEC. 426. STUDY AND REPORT ON OVERSIGHT OF WOMEN'S BUSINESS
CENTERS.

(a) Study.--The Comptroller General of the United States
shall conduct a study of the oversight of women's business
centers by the Administrator, which shall include--
(1) an analysis of the coordination by the Administrator of
the activities of women's business centers with the
activities of small business development centers, the Service
Corps of Retired Executives, and Veterans Business Outreach
Centers;
(2) a comparison of the types of individuals and small
business concerns served by women's business centers and the
types of individuals and small business concerns served by
small business development centers, the Service Corps of
Retired Executives, and Veterans Business Outreach Centers;
and
(3) an analysis of performance data for women's business
centers that evaluates how well women's business centers are
carrying out the mission of women's business centers and
serving individuals and small business concerns.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
under subsection (a), which shall include recommendations, if
any, for eliminating the duplication of services provided by
women's business centers, small business development centers,
the Service Corps of Retired Executives, and Veterans
Business Outreach Centers.

[[Page S4908]]

Subtitle C--Strengthening America's Small Business Development Centers

SEC. 431. INSTITUTIONS OF HIGHER EDUCATION.

Section 21 of the Small Business Act (15 U.S.C. 648) is
amended--
(1) in subsection (a)(1), by striking ``: Provided, That''
and all that follows through ``on such date.'' and inserting
the following: ``. On and after December 31, 2013, the
Administrator may only make a grant under this paragraph to
an applicant that is an institution of higher education, as
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)), that is accredited (and not merely in
preaccreditation status) by a nationally recognized
accrediting agency or association recognized by the Secretary
of Education for such purpose in accordance with section 496
of that Act (20 U.S.C. 1099b).''; and
(2) in subsection (c)(3)(K), by inserting ``public and
private institutions of higher education (including
universities, community colleges, and junior colleges),''
before ``local and regional private consultants''.

SEC. 432. UPDATING FUNDING LEVELS FOR SMALL BUSINESS
DEVELOPMENT CENTERS.

(a) Minimum Funding Levels.--Section 21(a)(4)(C) of the
Small Business Act (15 U.S.C. 648(a)(4)(C)) is amended--
(1) in clause (iii)--
(A) by striking ``$90,000,000'' each place that term
appears and inserting ``$98,500,000'';
(B) by striking ``$81,500,000'' each place that term
appears and inserting ``$90,000,000''; and
(C) by striking ``$500,000'' each place that term appears
and inserting ``$600,000'';
(2) in clause (v)(II), by striking ``if the usage'' and all
that follows through the end of the subclause and inserting a
period; and
(3) in clause (v), by striking subclause (I) and inserting
the following:

``(I) In general.--Of the amounts made available in any
fiscal year to carry out this section--

``(aa) not more than $50,000 may be used by the
Administration to pay the expenses enumerated in subparagraph
(B) of section 20(a)(1);
``(bb) not more than $500,000 may be used by the
Administration to pay the expenses enumerated in subparagraph
(C) of section 20(a)(1); and
``(cc) not more than $250,000 may be used by the
Administration to pay the expenses enumerated in subparagraph
(D) of section 20(a)(1).''.
(b) Authorization of Appropriations.--Section
21(a)(4)(C)(vii) of the Small Business Act (15 U.S.C.
648(a)(4)(C)(vii)) is amended to read as follows:
``(vii) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subparagraph--

``(I) $135,000,000 for fiscal year 2013;
``(II) $135,000,000 for fiscal year 2014; and
``(III) $135,000,000 for fiscal year 2015.''.

SEC. 433. ASSISTANCE TO OUT-OF-STATE SMALL BUSINESSES.

Section 21(b)(3) of the Small Business Act (15 U.S.C.
648(b)(3)) is amended--
(1) by striking ``(3) At the discretion'' and inserting the
following:
``(3) Assistance to Out-of-state Small Businesses.--
``(A) In general.--At the discretion''; and
(2) by adding at the end the following:
``(B) Disaster recovery assistance.--
``(i) In general.--At the discretion of the Administrator,
the Administrator may authorize a small business development
center to provide assistance, as described in subsection (c),
to small business concerns located outside of the State,
without regard to geographic proximity, if the small business
concerns are located in an area for which the President has
declared a major disaster under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), during the period of the declaration.
``(ii) Continuity of services.--A small business
development center that provides counselors to an area
described in clause (i) shall, to the maximum extent
practicable, ensure continuity of services in any State in
which the small business development center otherwise
provides services.
``(iii) Access to disaster recovery facilities.--For
purposes of this subparagraph, the Administrator shall, to
the maximum extent practicable, permit the personnel of a
small business development center to use any site or facility
designated by the Administrator for use to provide disaster
recovery assistance.''.

SEC. 434. TERMINATION OF SMALL BUSINESS DEVELOPMENT CENTER
DEFENSE ECONOMIC TRANSITION ASSISTANCE.

(a) In General.--Section 21(c)(3) of the Small Business Act
(15 U.S.C. 648(c)(3)) is amended--
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) through (T) as
subparagraphs (G) through (S), respectively.
(b) Technical and Conforming Amendments.--Section 21(a) of
the Small Business Act (15 U.S.C. 648(a)) is amended--
(1) in paragraph (4)(C)(vi), by striking ``or (c)(3)(G)'';
and
(2) in paragraph (6), by striking ``subparagraphs (B)
through (G) of subsection (c)(3)'' and inserting
``subparagraphs (B) through (F) of subsection (c)(3)''.
(c) Existing Grants.--Nothing in this section shall affect
any grant made to a small business development center before
the date of enactment of this Act under section 21(c)(3)(G)
of the Small Business Act (15 U.S.C. 648(c)(3)(G)), as in
effect on the day before the date of enactment of this Act,
and any such grant shall be subject to such section
21(c)(3)(G), as in effect on the day before the date of
enactment of this Act.

SEC. 435. NATIONAL SMALL BUSINESS DEVELOPMENT CENTER ADVISORY
BOARD.

(a) In General.--Section 21(i)(1) of the Small Business Act
(15 U.S.C. 648(i)(1)) is amended--
(1) in the first sentence, by striking ``nine members'' and
inserting ``10 members'';
(2) in the second sentence, by striking ``six'' and
inserting ``the members who are not from universities or
their affiliates'';
(3) by striking the third sentence; and
(4) in the fourth sentence--
(A) by striking ``Succeeding Boards'' and inserting ``The
members of the Board''; and
(B) by inserting ``not less than'' before ``one-third''.
(b) Incumbents.--An individual serving as a member of the
National Small Business Development Center Advisory Board on
the date of enactment of this Act may continue to serve on
the Board until the end of the term of the member under
section 21(i)(1) of the Small Business Act (15 U.S.C.
648(i)(1)), as in effect on the day before such date of
enactment.

SEC. 436. REPEAL OF PAUL D. COVERDELL DRUG-FREE WORKPLACE
PROGRAM.

Section 27 of the Small Business Act (15 U.S.C. 654) is
repealed.

Subtitle D--Terminating the National Veterans Business Development
Corporation

SEC. 441. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.

(a) In General.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended by striking section 33 (15 U.S.C. 657c).
(b) Corporation.--On and after the date of enactment of
this Act, the National Veterans Business Development
Corporation and any successor thereto may not represent that
the corporation is federally chartered or in any other manner
authorized by the Federal Government.
(c) Technical and Conforming Amendments.--
(1) Small business act.--The Small Business Act (15 U.S.C.
631 et seq.), as amended by this section, is amended--
(A) by redesignating sections 34 through 45 as sections 33
through 44, respectively;
(B) in section 9(k)(1)(D) (15 U.S.C. 638(k)(1)(D)), by
striking ``section 34(d)'' and inserting ``section 33(d)'';
(C) in section 33 (15 U.S.C. 657d), as so redesignated--
(i) by striking ``section 35'' each place it appears and
inserting ``section 34'';
(ii) in subsection (a)--

(I) in paragraph (2), by striking ``section 35(c)(2)(B)''
and inserting ``section 34(c)(2)(B)'';
(II) in paragraph (4), by striking ``section 35(c)(2)'' and
inserting ``section 34(c)(2)''; and
(III) in paragraph (5), by striking ``section 35(c)'' and
inserting ``section 34(c)''; and

(iii) in subsection (h)(2), by striking ``section 35(d)''
and inserting ``section 34(d)'';
(D) in section 34 (15 U.S.C. 657e), as so redesignated--
(i) by striking ``section 34'' each place it appears and
inserting ``section 33''; and
(ii) in subsection (c)(1), by striking section
``34(c)(1)(E)(ii)'' and inserting section
``33(c)(1)(E)(ii)'';
(E) in section 36(d) (15 U.S.C. 657i(d)), as so
redesignated, by striking ``section 43'' and inserting
``section 42'';
(F) in section 39(d) (15 U.S.C. 657l(d)), as so
redesignated, by striking ``section 43'' and inserting
``section 42''; and
(G) in section 40(b) (15 U.S.C. 657m(b)), as so
redesignated, by striking ``section 43'' and inserting
``section 42''.
(2) Title 10.--Section 1142(b)(13) of title 10, United
States Code, is amended by striking ``and the National
Veterans Business Development Corporation''.
(3) Title 38.--Section 3452(h) of title 38, United States
Code, is amended by striking ``any of the'' and all that
follows and inserting ``any small business development center
described in section 21 of the Small Business Act (15 U.S.C.
648), insofar as such center offers, sponsors, or cosponsors
an entrepreneurship course, as that term is defined in
section 3675(c)(2).''.
(4) Food, conservation, and energy act of 2008.--Section
12072(c)(2) of the Food, Conservation, and Energy Act of 2008
(15 U.S.C. 636g(c)(2)) is amended by striking ``section 43 of
the Small Business Act, as added by this Act'' and inserting
``section 42 of the Small Business Act (15 U.S.C. 657o)''.
(5) Veterans entrepreneurship and small business
development act of 1999.--Section 203(c)(5) of the Veterans
Entrepreneurship and Small Business Development Act of 1999
(15 U.S.C. 657b note) is amended by striking ``In cooperation
with the National Veterans Business Development Corporation,
develop'' and inserting ``Develop''.

TITLE V--ACCESS TO GOVERNMENT CONTRACTING

Subtitle A--Bonds

SEC. 511. REMOVAL OF SUNSET DATES FOR CERTAIN PROVISIONS OF
THE SMALL BUSINESS INVESTMENT ACT OF 1958.

(a) Maximum Bond Amount.--Section 411(a)(1) of the Small
Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is
amended by striking ``does not exceed'' and all that follows
and inserting ``does not exceed $5,000,000.''.

[[Page S4909]]

(b) Denial of Liability.--Section 411(e)(2) of the Small
Business Investment Act of 1958 (15 U.S.C. 694b(e)(2)) is
amended by striking ``bonds exceeds'' and all that follows
and inserting ``bonds exceeds $5,000,000,''.

Subtitle B--Small Business Contracting Fraud Prevention

SEC. 521. SHORT TITLE.

This subtitle may be cited as the ``Small Business
Contracting Fraud Prevention Act of 2012''.

SEC. 522. DEFINITIONS.

In this subtitle--
(1) the term ``8(a) program'' means the program under
section 8(a) of the Small Business Act (15 U.S.C. 637(a));
(2) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(3) the terms ``HUBZone'' and ``HUBZone small business
concern'' and ``HUBZone map'' have the meanings given those
terms in section 3(p) of the Small Business Act (15 U.S.C.
632(p)), as amended by this division; and
(4) the term ``recertification'' means a determination by
the Administrator that a business concern that was previously
determined to be a qualified HUBZone small business concern
is a qualified HUBZone small business concern under section
3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)).

SEC. 523. FRAUD DETERRENCE AT THE SMALL BUSINESS
ADMINISTRATION.

Section 16 of the Small Business Act (15 U.S.C. 645) is
amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``Whoever'' and all that follows through ``oneself or
another'' and inserting the following: ``A person shall be
subject to the penalties and remedies described in paragraph
(2) if the person misrepresents the status of any concern or
person as a small business concern, a qualified HUBZone small
business concern, a small business concern owned and
controlled by socially and economically disadvantaged
individuals, a small business concern owned and controlled by
women, or a small business concern owned and controlled by
service-disabled veterans, in order to obtain for any
person'';
(ii) by amending subparagraph (A) to read as follows:
``(A) prime contract, subcontract, grant, or cooperative
agreement to be awarded under subsection (a) or (m) of
section 8, or section 9, 15, 31, or 35;'';
(iii) by striking subparagraph (B);
(iv) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(v) in subparagraph (C), as so redesignated, by striking
``, shall be'' and all that follows and inserting a period;
(B) in paragraph (2)--
(i) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(ii) by inserting after subparagraph (B) the following:
``(C) be subject to the civil remedies under subchapter III
of chapter 37 of title 31, United States Code (commonly known
as the `False Claims Act');''; and
(C) by adding at the end the following:
``(3)(A) In the case of a violation of paragraph (1)(A) or
subsection (g) or (h), for purposes of a proceeding described
in subparagraph (A) or (C) of paragraph (2), the amount of
the loss to the Federal Government or the damages sustained
by the Federal Government, as applicable, shall be an amount
equal to the amount that the Federal Government paid to the
person that received a contract, grant, or cooperative
agreement described in paragraph (1)(A), (g), or (h),
respectively.
``(B) In the case of a violation of subparagraph (B) or (C)
of paragraph (1), for the purpose of a proceeding described
in subparagraph (A) or (C) of paragraph (2), the amount of
the loss to the Federal Government or the damages sustained
by the Federal Government, as applicable, shall be an amount
equal to the portion of any payment by the Federal Government
under a prime contract that was used for a subcontract
described in subparagraph (B) or (C) of paragraph (1),
respectively.
``(C) In a proceeding described in subparagraph (A) or (B),
no credit shall be applied against any loss or damages to the
Federal Government for the fair market value of the property
or services provided to the Federal Government.'';
(2) by striking subsection (e) and inserting the following:
``(e) Any representation of the status of any concern or
person as a small business concern, a HUBZone small business
concern, a small business concern owned and controlled by
socially and economically disadvantaged individuals, a small
business concern owned and controlled by women, or a small
business concern owned and controlled by service-disabled
veterans, in order to obtain any prime contract, subcontract,
grant, or cooperative agreement described in subsection
(d)(1) shall be made in writing or through the Online
Representations and Certifications Application process
required under section 4.1201 of the Federal Acquisition
Regulation, or any successor thereto.''; and
(3) by adding at the end the following:
``(g) A person shall be subject to the penalties and
remedies described in subsection (d)(2) if the person
misrepresents the status of any concern or person as a small
business concern, a qualified HUBZone small business concern,
a small business concern owned and controlled by socially and
economically disadvantaged individuals, a small business
concern owned and controlled by women, or a small business
concern owned and controlled by service-disabled veterans--
``(1) in order to allow any person to participate in any
program of the Administration; or
``(2) in relation to a protest of a contract award or
proposed contract award made under regulations issued by the
Administration.
``(h)(1) A person that submits a request for payment on a
contract or subcontract that is awarded under subsection (a)
or (m) of section 8, or section 9, 15, 31, or 35, shall be
deemed to have submitted a certification that the person
complied with regulations issued by the Administration
governing the percentage of work that the person is required
to perform on the contract or subcontract, unless the person
states, in writing, that the person did not comply with the
regulations.
``(2) A person shall be subject to the penalties and
remedies described in subsection (d)(2) if the person--
``(A) uses the services of a business other than the
business awarded the contract or subcontract to perform a
greater percentage of work under a contract than is permitted
by regulations issued by the Administration; or
``(B) willfully participates in a scheme to circumvent
regulations issued by the Administration governing the
percentage of work that a contractor is required to perform
on a contract.''.

SEC. 524. VETERANS INTEGRITY IN CONTRACTING.

(a) Definition.--Section 3(q)(1) of the Small Business Act
(15 U.S.C. 632(q)(1)) is amended by striking ``means a
veteran'' and all that follows and inserting the following:
``means--
``(A) a veteran with a service-connected disability rated
by the Secretary of Veterans Affairs as zero percent or more
disabling; or
``(B) a former member of the Armed Forces who is retired,
separated, or placed on the temporary disability retired list
for physical disability under chapter 61 of title 10, United
States Code.''.
(b) Veterans Contracting.--Section 4 of the Small Business
Act (15 U.S.C. 633), as amended by this division, is amended
by adding at the end the following:
``(i) Veteran Status.--
``(1) In general.--A business concern seeking status as a
small business concern owned and controlled by service-
disabled veterans shall--
``(A) submit an annual certification indicating that the
business concern is a small business concern owned and
controlled by service-disabled veterans by means of the
Online Representations and Certifications Application process
required under section 4.1201 of the Federal Acquisition
Regulation, or any successor thereto; and
``(B) register with--
``(i) the Central Contractor Registration database
maintained under subpart 4.11 of the Federal Acquisition
Regulation, or any successor thereto; and
``(ii) the VetBiz database of the Department of Veterans
Affairs, or any successor thereto.
``(2) Verification of status.--
``(A) Veterans affairs.--The Secretary of Veterans Affairs
shall determine whether a business concern registered with
the VetBiz database of the Department of Veterans Affairs, or
any successor thereto, as a small business concern owned and
controlled by veterans or a small business concern owned and
controlled by service-disabled veterans is owned and
controlled by a veteran or a service-disabled veteran, as the
case may be.
``(B) Federal agencies generally.--The head of each Federal
agency shall--
``(i) for a sole source contract awarded to a small
business concern owned and controlled by service-disabled
veterans or a contract awarded with competition restricted to
small business concerns owned and controlled by service-
disabled veterans under section 35, determine whether a
business concern submitting a proposal for the contract is a
small business concern owned and controlled by service-
disabled veterans; and
``(ii) use the VetBiz database of the Department of
Veterans Affairs, or any successor thereto, in determining
whether a business concern is a small business concern owned
and controlled by service-disabled veterans.
``(3) Debarment and suspension.--If the Administrator
determines that a business concern knowingly and willfully
misrepresented that the business concern is a small business
concern owned and controlled by service-disabled veterans,
the Administrator may debar or suspend the business concern
from contracting with the United States.''.
(c) Integration of Databases.--The Administrator for
Federal Procurement Policy and the Secretary of Veterans
Affairs shall ensure that data is shared on an ongoing basis
between the VetBiz database of the Department of Veterans
Affairs and the Central Contractor Registration database
maintained under subpart 4.11 of the Federal Acquisition
Regulation.
(d) Effective Date.--
(1) In general.--The amendment made by subsection (b) and
the requirements under subsection (c) shall take effect on
the date on which the Secretary of Veterans Affairs (referred
to in this subsection as the ``Secretary'') publishes in the
Federal Register a

[[Page S4910]]

determination that the Department of Veterans Affairs has the
necessary resources and capacity to carry out the additional
responsibility of determining whether small business concerns
registered with the VetBiz database of the Department of
Veterans Affairs are owned and controlled by a veteran or a
service-disabled veteran, as the case may be, in accordance
with subsection (i) of section 4 of the Small Business Act
(15 U.S.C. 633), as added by subsection (b).
(2) Timeline.--If the Secretary determines that the
Secretary is not able to publish the determination under
paragraph (1) before the date that is 1 year after the date
of enactment of this Act, the Secretary shall, not later than
1 year after the date of enactment of this Act, submit a
report containing an estimate of the date on which the
Secretary will publish the determination under paragraph (1)
to the Committee on Small Business and Entrepreneurship and
the Committee on Veterans' Affairs of the Senate and the
Committee on Small Business and the Committee on Veterans'
Affairs of the House of Representatives.

SEC. 525. SECTION 8(A) PROGRAM IMPROVEMENTS.

(a) Review of Effectiveness.--Section 8(a) of the Small
Business Act (15 U.S.C. 637(a)) is amended by adding at the
end the following:
``(22) Not later than 3 years after the date of enactment
of this paragraph, and every 3 years thereafter, the
Comptroller General of the United States shall--
``(A) conduct an evaluation of the effectiveness of the
program under this subsection, including an examination of--
``(i) the number and size of contracts applied for, as
compared to the number received by, small business concerns
after successfully completing the program;
``(ii) the percentage of small business concerns that
continue to operate during the 3-year period beginning on the
date on which the small business concerns successfully
complete the program;
``(iii) whether the business of small business concerns
increases during the 3-year period beginning on the date on
which the small business concerns successfully complete the
program; and
``(iv) the number of training sessions offered under the
program; 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 regarding
each evaluation under subparagraph (A).''.
(b) Other Improvements.--In order to improve the 8(a)
program, the Administrator shall--
(1) not later than 90 days after the date of enactment of
this Act, begin to--
(A) evaluate the feasibility of--
(i) using additional third-party data sources;
(ii) making unannounced visits of sites that are selected
randomly or using risk-based criteria;
(iii) using fraud detection tools, including data-mining
techniques; and
(iv) conducting financial and analytical training for the
business opportunity specialists of the Administration;
(B) evaluate the feasibility and advisability of amending
regulations applicable to the 8(a) program to require that
calculations of the adjusted net worth or total assets of an
individual include assets held by the spouse of the
individual; and
(C) develop a more consistent enforcement strategy that
includes the suspension or debarment of contractors that
knowingly make misrepresentations in order to qualify for the
8(a) program; and
(2) not later than 1 year after the date on which the
Comptroller General submits the report under section
8(a)(22)(B) of the Small Business Act, as added by subsection
(c), issue, in final form, proposed regulations of the
Administration that--
(A) determine the economic disadvantage of a participant in
the 8(a) program based on the income and asset levels of the
participant at the time of application and annual
recertification for the 8(a) program; and
(B) limit the ability of a small business concern to
participate in the 8(a) program if an immediate family member
of an owner of the small business concern is, or has been, a
participant in the 8(a) program, in the same industry.

SEC. 526. HUBZONE IMPROVEMENTS.

(a) Purpose.--The purpose of this section is to reform and
improve the HUBZone program of the Administration.
(b) In General.--The Administrator shall--
(1) ensure the HUBZone map is--
(A) accurate and up-to-date; and
(B) revised as new data is made available to maintain the
accuracy and currency of the HUBZone map;
(2) implement policies for ensuring that only HUBZone small
business concerns determined to be qualified under section
3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) are
participating in the HUBZone program, including through the
appropriate use of technology to control costs and maximize,
among other benefits, uniformity, completeness, simplicity,
and efficiency;
(3) 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
any application to be designated as a HUBZone small business
concern or for recertification for which the Administrator
has not made a determination as of the date that is 60 days
after the date on which the application was submitted or
initiated, which shall include a plan and timetable for
ensuring the timely processing of the applications; and
(4) develop measures and implement plans to assess the
effectiveness of the HUBZone program that--
(A) require the identification of a baseline point in time
to allow the assessment of economic development under the
HUBZone program, including creating additional jobs; and
(B) take into account--
(i) the economic characteristics of the HUBZone; and
(ii) contracts being counted under multiple socioeconomic
subcategories.
(c) Employment Percentage.--Section 3(p) of the Small
Business Act (15 U.S.C. 632(p)) is amended--
(1) in paragraph (5), by adding at the end the following:
``(E) Employment percentage during interim period.--
``(i) Definition.--In this subparagraph, the term `interim
period' means the period beginning on the date on which the
Administrator determines that a HUBZone small business
concern is qualified under subparagraph (A) and ending on the
day before the date on which a contract under the HUBZone
program for which the HUBZone small business concern submits
a bid is awarded.
``(ii) Interim period.--During the interim period, the
Administrator may not determine that the HUBZone small
business is not qualified under subparagraph (A) based on a
failure to meet the applicable employment percentage under
subparagraph (A)(i)(I), unless the HUBZone small business
concern--

``(I) has not attempted to maintain the applicable
employment percentage under subparagraph (A)(i)(I); or
``(II) does not meet the applicable employment percentage--

``(aa) on the date on which the HUBZone small business
concern submits a bid for a contract under the HUBZone
program; or
``(bb) on the date on which the HUBZone small business
concern is awarded a contract under the HUBZone program.'';
and
(2) by adding at the end the following:
``(8) Hubzone program.--The term `HUBZone program' means
the program established under section 31.
``(9) Hubzone map.--The term `HUBZone map' means the map
used by the Administration to identify HUBZones.''.
(d) Redesignated Areas.--Section 3(p)(4)(C)(i) of the Small
Business Act (15 U.S.C. 632(p)(4)(C)(i)) is amended to read
as follows:
``(i) 3 years after the first date on which the
Administrator publishes a HUBZone map that is based on the
results from the 2010 decennial census; or''.

SEC. 527. ANNUAL REPORT ON SUSPENSION, DEBARMENT, AND
PROSECUTION.

The 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) the number of debarments from participation in programs
of the Administration issued by the Administrator during the
1-year period preceding the date of the report, including--
(A) the number of debarments that were based on a
conviction; and
(B) the number of debarments that were fact-based and did
not involve a conviction;
(2) the number of suspensions from participation in
programs of the Administration issued by the Administrator
during the 1-year period preceding the date of the report,
including--
(A) the number of suspensions issued that were based upon
indictments; and
(B) the number of suspensions issued that were fact-based
and did not involve an indictment;
(3) the number of suspension and debarments issued by the
Administrator during the 1-year period preceding the date of
the report that were based upon referrals from offices of the
Administration, other than the Office of Inspector General;
(4) the number of suspension and debarments issued by the
Administrator during the 1-year period preceding the date of
the report based upon referrals from the Office of Inspector
General; and
(5) the number of persons that the Administrator declined
to debar or suspend after a referral described in paragraph
(8), and the reason for each such decision.

Subtitle C--Fairness in Women-Owned Small Business Contracting

SEC. 531. SHORT TITLE.

This subtitle may be cited as the ``Fairness in Women-Owned
Small Business Contracting Act of 2012''.

SEC. 532. PROCUREMENT PROGRAM FOR WOMEN-OWNED SMALL BUSINESS
CONCERNS.

Section 8(m) of the Small Business Act (15 U.S.C. 637(m))
is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``who are economically
disadvantaged'';
(B) in subparagraph (C), by striking ``paragraph (3)'' and
inserting ``paragraph (4)'';
(C) by striking subparagraph (D); and
(D) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively; and
(2) by adding at the end the following:

[[Page S4911]]

``(7) Sole source contracts.--A contracting officer may
award a sole source contract under this subsection to a small
business concern owned and controlled by women under the same
conditions as a sole source contract may be awarded to a
qualified HUBZone small business concern under section
31(b)(2)(A).''.

SEC. 533. STUDY AND REPORT ON REPRESENTATION OF WOMEN.

Section 29 of the Small Business Act (15 U.S.C. 656), as
amended by section 424 of this division, is amended by adding
at the end the following:
``(n) Study and Report on Representation of Women.--
``(1) Study.--The Administrator shall periodically conduct
a study to identify any United States industry, as defined
under the North American Industry Classification System, in
which women are underrepresented.
``(2) Report.--Not later than 5 years after the date of
enactment of this subsection, and every 5 years thereafter,
the Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report on
the results of each study under paragraph (1) conducted
during the 5-year period ending on the date of the report.''.

Subtitle D--Small Business Champion

SEC. 541. SHORT TITLE.

This subtitle may be cited as the ``Small Business Champion
Act of 2012''.

SEC. 542. OFFICES OF SMALL AND DISADVANTAGED BUSINESS
UTILIZATION.

(a) Appointment and Position of Director.--Section 15(k)(2)
of the Small Business Act (15 U.S.C. 644(k)(2)) is amended by
striking ``such agency,'' and inserting ``such agency to a
position that is a Senior Executive Service position (as such
term is defined under section 3132(a) of title 5, United
States Code), except that, for any agency in which the
positions of Chief Acquisition Officer and senior procurement
executive (as such terms are defined under section 43(a) of
this Act) are not Senior Executive Service positions, the
Director of Small and Disadvantaged Business Utilization may
be appointed to a position compensated at not less than the
minimum rate of basic pay payable for grade GS-15 of the
General Schedule under section 5332 of such title (including
comparability payments under section 5304 of such title);''.
(b) Performance Appraisals.--Section 15(k)(3) of the Small
Business Act (15 U.S.C. 644(k)(3)) is amended--
(1) by striking ``be responsible only to, and report
directly to, the head'' and inserting ``shall be responsible
only to (including with respect to performance appraisals),
and report directly and exclusively to, the head''; and
(2) by striking ``be responsible only to, and report
directly to, such Secretary'' and inserting ``be responsible
only to (including with respect to performance appraisals),
and report directly and exclusively to, such Secretary''.
(c) Small Business Technical Advisers.--Section 15(k)(8)(B)
of the Small Business Act (15 U.S.C. 644(k)(8)(B)) is amended
by striking ``and 15 of this Act,'' and inserting ``, 15, and
43 of this Act;''.
(d) Additional Requirements.--Section 15(k) of the Small
Business Act (15 U.S.C. 644(k)) is amended by inserting after
paragraph (10) the following:
``(11) shall review and advise such agency on any decision
to convert an activity performed by a small business concern
to an activity performed by a Federal employee;
``(12) shall provide to the Chief Acquisition Officer and
senior procurement executive of such agency advice and
comments on acquisition strategies, market research, and
justifications related to section 43 of this Act;
``(13) may provide training to small business concerns and
contract specialists, except that such training may only be
provided to the extent that the training does not interfere
with the Director carrying out other responsibilities under
this subsection;
``(14) shall carry out exclusively the duties enumerated in
this Act, and shall, while the Director, not hold any other
title, position, or responsibility, except as necessary to
carry out responsibilities under this subsection;
``(15) shall submit, each fiscal year, to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the
Senate a report describing--
``(A) the training provided by the Director under paragraph
(13) in the most recently completed fiscal year;
``(B) the percentage of the budget of the Director used for
such training in the most recently completed fiscal year; and
``(C) the percentage of the budget of the Director used for
travel in the most recently completed fiscal year; and
``(16) shall have not less than 10 years of relevant
procurement experience.''.
(e) Technical Amendments.--Section 15(k) of the Small
Business Act (15 U.S.C. 644(k)), as amended by subsection
(d), is further amended--
(1) in the matter preceding paragraph (1) by striking ``who
shall'' and inserting ``who'';
(2) in paragraph (1)--
(A) by striking ``be known'' and inserting ``shall be
known''; and
(B) by striking ``such agency,'' and inserting ``such
agency;'';
(3) in paragraph (2) by striking ``be appointed by'' and
inserting ``shall be appointed by'';
(4) in paragraph (3)--
(A) by striking ``director'' and inserting ``Director'';
and
(B) by striking ``Secretary's designee,'' and inserting
``Secretary's designee;'';
(5) in paragraph (4)--
(A) by striking ``be responsible'' and inserting ``shall be
responsible''; and
(B) by striking ``such agency,'' and inserting ``such
agency;'';
(6) in paragraph (5) by striking ``identify proposed'' and
inserting ``shall identify proposed'';
(7) in paragraph (6) by striking ``assist small'' and
inserting ``shall assist small'';
(8) in paragraph (7)--
(A) by striking ``have supervisory'' and inserting ``shall
have supervisory''; and
(B) by striking ``this Act,'' and inserting ``this Act;'';
(9) in paragraph (8)--
(A) by striking ``assign a'' and inserting ``shall assign
a''; and
(B) by striking ``the activity, and'' and inserting ``the
activity; and'';
(10) in paragraph (9)--
(A) by striking ``cooperate, and'' and inserting ``shall
cooperate, and''; and
(B) by striking ``subsection, and'' and inserting
``subsection;''; and
(11) in paragraph (10)--
(A) by striking ``make recommendations'' and inserting
``shall make recommendations'';
(B) by striking ``subsection (a), or section'' and
inserting ``subsection (a), section'';
(C) by striking ``Act or section 2323'' and inserting
``Act, or section 2323'';
(D) by striking ``Code. Such recommendations shall'' and
inserting ``Code, which shall''; and
(E) by striking ``contract file.'' and inserting ``contract
file;''.

SEC. 543. SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL.

(a) Duties.--Section 7104(b) of the Federal Acquisition
Streamlining Act of 1994 (15 U.S.C. 644 note) is amended--
(1) in paragraph (1) by striking ``and'' at the end;
(2) in paragraph (2) by striking ``authorities.'' and
inserting ``authorities;''; and
(3) by adding at the end the following:
``(3) to conduct reviews of each Office of Small and
Disadvantaged Business Utilization established under section
15(k) of the Small Business Act (15 U.S.C. 644(k)) to
determine the compliance of each Office with requirements
under such section;
``(4) to identify best practices for maximizing small
business utilization in Federal contracting that may be
implemented by Federal agencies having procurement powers;
and
``(5) to submit, annually, to the Committee on Small
Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate a report
describing--
``(A) the comments submitted under paragraph (2) during the
1-year period ending on the date on which the report is
submitted, including any outcomes related to the comments;
``(B) the results of reviews conducted under paragraph (3)
during such 1-year period; and
``(C) best practices identified under paragraph (4) during
such 1-year period.''.
(b) Membership.--Section 7104(c) of the Federal Acquisition
Streamlining Act of 1994 (15 U.S.C. 644 note) is amended by
striking ``(established under section 15(k) of the Small
Business Act (15 U.S.C. 644(k))''.
(c) Chairman.--Section 7104(d) of the Federal Acquisition
Streamlining Act of 1994 (15 U.S.C. 644 note) is amended by
inserting after ``Small Business Administration'' the
following: ``(or the designee of the Administrator)''.

TITLE VI--TRANSPARENCY, ACCOUNTABILITY, AND EFFECTIVENESS

Subtitle A--Small Business Common Application

SEC. 611. DEFINITIONS.

In this subtitle--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``Executive agency'' has the meaning given
that term under section 105 of title 5, United States Code;
(3) the term ``Executive Committee'' means the Executive
Committee on a Small Business Common Application established
under section 613(a);
(4) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632);

SEC. 612. SENSE OF CONGRESS.

It is the sense of Congress that Executive agencies
should--
(1) reduce paperwork burdens on small business concerns
pursuant to section 3501 of title 44, United States Code;
(2) maximize the ability of small business concerns to use
common applications, where practicable, and use consolidated
web portals to interact with Executive agencies;
(3) maintain high standards for data privacy and security;
(4) increase the degree and ease of information sharing and
coordination among programs serving small business concerns
that are carried out by Executive agencies, including State
and local offices of Executive agencies; and
(5) minimize redundancy in the administration of programs
that can utilize common applications, where practicable, and
consolidated web portals.

[[Page S4912]]

SEC. 613. EXECUTIVE COMMITTEE ON A SMALL BUSINESS COMMON
APPLICATION.

(a) Establishment.--There is established in the
Administration an Executive Committee on a Small Business
Common Application, which shall make recommendations
regarding the establishment, if practicable, of a small
business common application and web portal.
(b) Membership.--
(1) In general.--The members of the Executive Committee
shall consist of--
(A) the Administrator;
(B) the Assistant Secretary of Commerce for Economic
Development; and
(C) 1 senior officer or employee having policy and
technical expertise appointed by each of--
(i) the Administrator of the General Services
Administration;
(ii) the Director of the National Institutes of Health;
(iii) the Director of the National Science Foundation;
(iv) the President of the Export-Import Bank;
(v) the Secretary of Agriculture;
(vi) the Secretary of Defense;
(vii) the Secretary of Health and Human Services;
(viii) the Secretary of Labor;
(ix) the Secretary of State;
(x) the Secretary of the Treasury; and
(xi) the Secretary of Veterans Affairs.
(2) Chairperson.--The Administrator shall serve as
chairperson of the Executive Committee.
(3) Period of appointment.--Members of the Executive
Committee shall be appointed for a term of 1 year.
(4) Vacancies.--A vacancy in the Executive Committee shall
be filled in the same manner as the original appointment, not
later than 30 days after the date on which the vacancy
occurs.
(c) Meetings.--
(1) In general.--The Executive Committee shall meet at the
call of the chairperson of the Executive Committee.
(2) Quorum.--A majority of the members of the Executive
Committee shall constitute a quorum.
(3) First meeting.--The first meeting of the Executive
Committee shall take place not later than 30 days after the
date of enactment of this subtitle.
(4) Public meeting.--The Executive Committee shall hold at
least 1 public meeting before the date described in
subsection (d)(1) to receive comments from small business
concerns and other interested parties.
(d) Duties.--
(1) Recommendations.--Not later than 270 days after the
date of enactment of this Act, upon a vote of the majority of
members of the Executive Committee then serving, the
Executive Committee shall submit to the Administrator
recommendations relating to the feasibility of establishing a
small business common application and web portal in order to
meet the goals described in section 612.
(2) Transmission to executive agencies.--The Executive
Committee shall transmit to each Executive agency a complete
copy of the recommendations submitted under paragraph (1).
(3) Transmission to congress.--The Executive Committee
shall transmit to each relevant committee of Congress a
complete copy of the recommendations submitted under
paragraph (1).
(4) Recommendations by executive agencies.--Not later than
30 days after the date on which the Executive Committee
transmits recommendations to the Executive agency under
paragraph (2), each Executive agency that provides Federal
assistance to small business concerns shall submit to
Congress recommendations, if any, for legislative changes
necessary for the Executive agency to carry out the
recommendations under paragraph (1).
(e) Personnel Matters.--
(1) Compensation of members.--The members of the Executive
Committee shall serve without compensation in addition to
that received for their services as officers or employees of
the United States.
(2) Detail of employees.--The Administrator may detail to
the Executive Committee any employee of the Economic
Development Administration, and such detail shall be without
interruption or loss of civil service status or privilege.
(f) Federal Advisory Committee Act.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply with respect to the Executive Committee.

SEC. 614. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the
Administrator such sums as may be necessary to carry out this
subtitle.

Subtitle B--Government Accountability Office Review

SEC. 621. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.

Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall
submit a report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives that evaluates the
status of the programs authorized under this division and the
amendments made by this division, including the extent to
which such programs have been funded and implemented and have
contributed to promoting job creation among small business
concerns.
______