S.Amdt. 2833

SA 2833. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 2789 proposed by Mrs. Murray to the bill S. 3457, to
require the Secretary of Veterans Affairs to establish a veterans jobs
corps, and for other purposes; which was ordered to lie on the table;
as follows:

At the end, add the following:

SEC. __. VETERANS' BUSINESS CENTER PROGRAM; OFFICE OF
VETERANS BUSINESS DEVELOPMENT.

(a) In General.--Section 32 of the Small Business Act (15
U.S.C. 657b) is amended by striking subsection (f) and
inserting the following:
``(f) Online Coordination.--
``(1) Definition.--In this subsection, the term `veterans'
assistance provider' means--
``(A) a veterans' business center established under
subsection (g);
``(B) an employee of the Administration assigned to the
Office of Veterans Business Development; and
``(C) a veterans business ownership representative
designated under subsection (g)(13)(B).
``(2) Establishment.--The Associate Administrator shall
establish an online mechanism to--
``(A) provide information that assists veterans' assistance
providers in carrying out the activities of the veterans'
assistance providers; and
``(B) coordinate and leverage the work of the veterans'
assistance providers, including by allowing a veterans'
assistance provider to--
``(i) distribute best practices and other materials;
``(ii) communicate with other veterans' assistance
providers regarding the activities of the veterans'
assistance provider on behalf of veterans; and
``(iii) pose questions to and request input from other
veterans' assistance providers.
``(g) Veterans' Business Center Program.--
``(1) Definitions.--In this subsection--
``(A) the term `active duty' has the meaning given that
term in section 101 of title 10, United States Code;
``(B) the term `private nonprofit organization' means an
entity that is described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code;
``(C) the term `Reservist' means a member of a reserve
component of the Armed Forces, as described in section 10101
of title 10, United States Code;
``(D) the term `Service Corps of Retired Executives' means
the Service Corps of Retired Executives authorized under
section 8(b)(1);
``(E) the term `small business concern owned and controlled
by veterans'--
``(i) has the same meaning as in section 3(q); and
``(ii) includes a small business concern--

``(I) not less than 51 percent of which is owned by one or
more spouses of veterans or, in the case of any publicly
owned business, not less than 51 percent of the stock of
which is owned by one or more spouses of veterans; and
``(II) the management and daily business operations of
which are controlled by one or more spouses of veterans;

``(F) the term `spouse', relating to a veteran, service-
disabled veteran, or Reservist, includes an individual who is
the spouse of a veteran, service-disabled veteran, or
Reservist on the date on which the veteran, service-disabled
veteran, or Reservist died;
``(G) the term `veterans' business center program' means
the program established under paragraph (2)(A); and
``(H) the term `women's business center' means a women's
business center described in section 29.
``(2) Program established.--
``(A) In general.--The Administrator, acting through the
Associate Administrator, shall establish a veterans' business
center program, under which the Associate Administrator may
provide financial assistance to a private nonprofit
organization to conduct a 5-year project for the benefit of
small business concerns owned and controlled by veterans,
which may be renewed for one or more additional 5-year
periods.
``(B) Form of financial assistance.--Financial assistance
under this subsection may be in the form of a grant, a
contract, or a cooperative agreement.
``(3) Veterans' business centers.--Each private nonprofit
organization that receives financial assistance under this
subsection shall establish or operate a veterans' business
center (which may include establishing or operating satellite
offices in the region described in paragraph (5) served by
that private nonprofit organization) that provides to
veterans (including service-disabled veterans), Reservists,
and the spouses of veterans (including service-disabled
veterans) and Reservists--
``(A) financial advice, including training and counseling
on applying for and securing business credit and investment
capital, preparing and presenting financial statements, and
managing cash flow and other financial operations of a small
business concern;
``(B) management advice, including training and counseling
on the planning, organization, staffing, direction, and
control of each major activity and function of a small
business concern;
``(C) marketing advice, including training and counseling
on identifying and segmenting domestic and international
market opportunities, preparing and executing marketing
plans, developing pricing strategies, locating contract
opportunities, negotiating contracts, and using public
relations and advertising techniques; and
``(D) advice, including training and counseling, for
Reservists and the spouses of Reservists.
``(4) Application.--

[[Page S6359]]

``(A) In general.--A private nonprofit organization
desiring to receive financial assistance under this
subsection shall submit an application to the Associate
Administrator at such time and in such manner as the
Associate Administrator may require.
``(B) 5-year plan.--Each application described in
subparagraph (A) shall include a 5-year plan on proposed
fundraising and training activities relating to the veterans'
business center.
``(C) Determination and notification.--Not later than 60
days after the date on which a private nonprofit organization
submits an application under subparagraph (A), the Associate
Administrator shall approve or deny the application and
notify the applicant of the determination.
``(D) Availability of application.--The Associate
Administrator shall make every effort to make the application
under subparagraph (A) available online.
``(5) Eligibility.--The Associate Administrator may select
to receive financial assistance under this subsection--
``(A) a Veterans Business Outreach Center established by
the Administrator under section 8(b)(17) on or before the day
before the date of enactment of this subsection; or
``(B) private nonprofit organizations located in various
regions of the United States, as the Associate Administrator
determines is appropriate.
``(6) Selection criteria.--
``(A) In general.--The Associate Administrator shall
establish selection criteria, stated in terms of relative
importance, to evaluate and rank applicants under paragraph
(5)(C) for financial assistance under this subsection.
``(B) Criteria.--The selection criteria established under
this paragraph shall include--
``(i) the experience of the applicant in conducting
programs or ongoing efforts designed to impart or upgrade the
business skills of veterans, and the spouses of veterans, who
own or may own small business concerns;
``(ii) for an applicant for initial financial assistance
under this subsection--

``(I) the ability of the applicant to begin operating a
veterans' business center within a minimum amount of time;
and
``(II) the geographic region to be served by the veterans'
business center;

``(iii) the demonstrated ability of the applicant to--

``(I) provide managerial counseling and technical
assistance to entrepreneurs; and
``(II) coordinate services provided by veterans services
organizations and other public or private entities; and

``(iv) for any applicant for a renewal of financial
assistance under this subsection, the results of the most
recent examination under paragraph (10) of the veterans'
business center operated by the applicant.
``(C) Criteria publicly available.--The Associate
Administrator shall--
``(i) make publicly available the selection criteria
established under this paragraph; and
``(ii) include the criteria in each solicitation for
applications for financial assistance under this subsection.
``(7) Amount of assistance.--The amount of financial
assistance provided under this subsection to a private
nonprofit organization for each fiscal year shall be--
``(A) not less than $150,000; and
``(B) not more than $200,000.
``(8) Federal share.--
``(A) In general.--
``(i) Initial financial assistance.--Except as provided in
clause (ii) and subparagraph (E), a private nonprofit
organization that receives financial assistance under this
subsection shall provide non-Federal contributions for the
operation of the veterans' business center established by the
private nonprofit organization in an amount equal to--

``(I) in each of the first and second years of the project,
not less than 33 percent of the amount of the financial
assistance received under this subsection; and
``(II) in each of the third through fifth years of the
project, not less than 50 percent of the amount of the
financial assistance received under this subsection.

``(ii) Renewals.--A private nonprofit organization that
receives a renewal of financial assistance under this
subsection shall provide non-Federal contributions for the
operation of the veterans' business center established by the
private nonprofit organization in an amount equal to not less
than 50 percent of the amount of the financial assistance
received under this subsection.
``(B) Form of non-federal share.--Not more than 50 percent
of the non-Federal share for a project carried out using
financial assistance under this subsection may be in the form
of in-kind contributions.
``(C) Timing of disbursement.--The Associate Administrator
may disburse not more than 25 percent of the financial
assistance awarded to a private nonprofit organization before
the private nonprofit organization obtains the non-Federal
share required under this paragraph with respect to that
award.
``(D) Failure to obtain non-federal funding.--
``(i) In general.--If a private nonprofit organization that
receives financial assistance under this subsection fails to
obtain the non-Federal share required under this paragraph
during any fiscal year, the private nonprofit organization
may not receive a disbursement under this subsection in a
subsequent fiscal year or a disbursement for any other
project funded by the Administration, unless the
Administrator makes a written determination that the private
nonprofit organization will be able to obtain a non-Federal
contribution.
``(ii) Restoration.--A private nonprofit organization
prohibited from receiving a disbursement under clause (i) in
a fiscal year may receive financial assistance in a
subsequent fiscal year if the organization obtains the non-
Federal share required under this paragraph for the
subsequent fiscal year.
``(E) Waiver of non-federal share.--
``(i) In general.--Upon request by a private nonprofit
organization, and in accordance with this subparagraph, the
Administrator may waive, in whole or in part, the requirement
to obtain non-Federal funds under subparagraph (A) for a
fiscal year. The Administrator may not waive the requirement
for a private nonprofit organization to obtain non-Federal
funds under this subparagraph for more than a total of 2
fiscal years.
``(ii) Considerations.--In determining whether to waive the
requirement to obtain non-Federal funds under this
subparagraph, the Administrator shall consider--

``(I) the economic conditions affecting the private
nonprofit organization;
``(II) the impact a waiver under this subparagraph would
have on the credibility of the veterans' business center
program;
``(III) the demonstrated ability of the private nonprofit
organization to raise non-Federal funds; and
``(IV) the performance of the private nonprofit
organization.

``(iii) Limitation.--The Administrator may not waive the
requirement to obtain non-Federal funds under this
subparagraph if granting the waiver would undermine the
credibility of the veterans' business center program.
``(9) Contract authority.--A veterans' business center may
enter into a contract with a Federal department or agency to
provide specific assistance to veterans, service-disabled
veterans, Reservists, or the spouses of veterans, service-
disabled veterans, or Reservists. Performance of such
contract shall not hinder the veterans' business center in
carrying out the terms of the grant received by the veterans'
business centers from the Administrator.
``(10) Examination and determination of viability.--
``(A) Examination.--
``(i) In general.--The Associate Administrator shall
conduct an annual examination of the programs and finances of
each veterans' business center established or operated using
financial assistance under this subsection.
``(ii) Factors.--In conducting the examination under clause
(i), the Associate Administrator shall consider whether the
veterans' business center has failed--

``(I) to provide the information required to be provided
under subparagraph (B), or the information provided by the
center is inadequate;
``(II) the center has failed to comply with a requirement
for participation in the veterans' business center program,
as determined by the Assistant Administrator, including--

``(aa) failure to acquire or properly document a non-
Federal share;
``(bb) failure to establish an appropriate partnership or
program for marketing and outreach to small business
concerns;
``(cc) failure to achieve results described in a financial
assistance agreement; and
``(dd) failure to provide to the Administrator a
description of the amount and sources of any non-Federal
funding received by the center;

``(III) to carry out the 5-year plan under in paragraph
(4)(B); or
``(IV) to meet the eligibility requirements under paragraph
(5).

``(B) Information provided.--In the course of an
examination under subparagraph (A), the veterans' business
center shall provide to the Associate Administrator--
``(i) an itemized cost breakdown of actual expenditures for
costs incurred during the most recent full fiscal year;
``(ii) documentation of the amount of non-Federal
contributions obtained and expended by the veterans' business
center during the most recent full fiscal year; and
``(iii) with respect to any in-kind contribution under
paragraph (8)(B), verification of the existence and valuation
of such contributions.
``(C) Determination of viability.--The Associate
Administrator shall analyze the results of each examination
under this paragraph and, based on that analysis, make a
determination regarding the viability of the programs and
finances of each veterans' business center.
``(D) Discontinuation of funding.--
``(i) In general.--The Associate Administrator may
discontinue an award of financial assistance to a private
nonprofit organization at any time if the Associate
Administrator determines under subparagraph (C) that the
veterans' business center operated by that organization is
not viable.
``(ii) Restoration.--The Associate Administrator may
continue to provide financial assistance to a private
nonprofit organization in a subsequent fiscal year if the
Associate Administrator determines under subparagraph (C)
that the veterans' business center is viable.
``(11) Privacy requirements.--
``(A) In general.--Except as provided in subparagraph (B),
a veterans' business center established or operated using
financial assistance provided under this subsection may not
disclose the name, address, or telephone number of any
individual or small business

[[Page S6360]]

concern that receives advice from the veterans' business
center without the consent of the individual or small
business concern.
``(B) Exception.--A veterans' business center may disclose
information described in subparagraph (A)--
``(i) if the Administrator or Associate Administrator is
ordered to make such a disclosure by a court in any civil or
criminal enforcement action initiated by a Federal or State
agency; or
``(ii) to the extent that the Administrator or Associate
Administrator determines that such a disclosure is necessary
to conduct a financial audit of a veterans' business center.
``(C) Administration use of information.--This paragraph
does not--
``(i) restrict access by the Administrator to program
activity data; or
``(ii) prevent the Administrator from using information not
described in subparagraph (A) to conduct surveys of
individuals or small business concerns that receive advice
from a veterans' business center.
``(D) Regulations.--The Administrator shall issue
regulations to establish standards for requiring disclosures
under subparagraph (B)(ii).
``(12) Report.--
``(A) In general.--Not later than 60 days after the end 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 effectiveness of the
veterans' business center program in each region during the
most recent full fiscal year.
``(B) Contents.--Each report under this paragraph shall
include, at a minimum, for each veterans' business center
established or operated using financial assistance provided
under this subsection--
``(i) the number of individuals receiving assistance from
the veterans' business center, including the number of such
individuals who are--

``(I) veterans or spouses of veterans;
``(II) service-disabled veterans or spouses of service-
disabled veterans; or
``(III) Reservists or spouses of Reservists;

``(ii) the number of startup small business concerns formed
by individuals receiving assistance from the veterans'
business center, including--

``(I) veterans or spouses of veterans;
``(II) service-disabled veterans or spouses of service-
disabled veterans; or
``(III) Reservists or spouses of Reservists;

``(iii) the gross receipts of small business concerns that
receive advice from the veterans' business center;
``(iv) the employment increases or decreases of small
business concerns that receive advice from the veterans'
business center;
``(v) to the maximum extent practicable, the increases or
decreases in profits of small business concerns that receive
advice from the veterans' business center; and
``(vi) the results of the examination of the veterans'
business center under paragraph (10).
``(13) Coordination of efforts and consultation.--
``(A) Coordination and consultation.--To the extent
practicable, the Associate Administrator and each private
nonprofit organization that receives financial assistance
under this subsection shall--
``(i) coordinate outreach and other activities with other
programs of the Administration and the programs of other
Federal agencies;
``(ii) consult with technical representatives of the
district offices of the Administration in carrying out
activities using financial assistance under this subsection;
and
``(iii) provide information to the veterans business
ownership representatives designated under subparagraph (B)
and coordinate with the veterans business ownership
representatives to increase the ability of the veterans
business ownership representatives to provide services
throughout the area served by the veterans business ownership
representatives.
``(B) Veterans business ownership representatives.--
``(i) Designation.--The Administrator shall designate not
fewer than 1 individual in each district office of the
Administration as a veterans business ownership
representative, who shall communicate and coordinate
activities of the district office with private nonprofit
organizations that receive financial assistance under this
subsection.
``(ii) Initial designation.--The first individual in each
district office of the Administration designated by the
Administrator as a veterans business ownership representative
under clause (i) shall be an individual that is employed by
the Administration on the date of enactment of this
subsection.
``(14) Existing contracts.--An award of financial
assistance under this subsection shall not void any contract
between a private nonprofit organization and the
Administration that is in effect on the date of such award.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated--
``(1) to carry out subsections (a) through (f), $2,000,000
for each of fiscal years 2013 through 2015; and
``(2) to carry out subsection (g)--
``(A) $8,000,000 for fiscal year 2013;
``(B) $8,500,000 for fiscal year 2014; and
``(C) $9,000,000 for fiscal year 2015.''.
(b) GAO Reports.--
(1) Definitions.--In this subsection--
(A) the terms ``small business concern'' and ``veteran''
have the meanings given those terms under section 3 of the
Small Business Act (15 U.S.C. 632); and
(B) the terms ``Reservist'', ``small business concern owned
and controlled by veterans'', and ``veterans' business center
program'' have the meanings given those terms in section
32(g) of the Small Business Act, as added by this section.
(2) Report on access to credit.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report regarding the ability of small
business concern owned and controlled by veterans to access
credit to--
(i) the Committee on Veterans' Affairs and the Committee on
Small Business and Entrepreneurship of the Senate; and
(ii) the Committee on Veterans' Affairs and the Committee
on Small Business of the House of Representatives.
(B) Contents.--The report submitted under subparagraph (A)
shall include an analysis of--
(i) the sources of credit used by small business concerns
owned and controlled by veterans and percentage of the credit
obtained by small business concern owned and controlled by
veterans that is obtained from each source;
(ii) the default rate for small business concerns owned and
controlled by veterans separately for each source of credit
described in clause (i), as compared to the default rate for
the source of credit for small business concerns generally;
(iii) the Federal lending programs available to provide
credit to small business concerns owned and controlled by
veterans;
(iv) gaps, if any, in the availability of credit for small
business concerns owned and controlled by veterans that are
not being filled by the Federal Government or private
sources;
(v) obstacles faced by veterans in trying to access credit;
(vi) the extent to which deployment and other military
responsibilities affect the credit history of veterans and
Reservists; and
(vii) the extent to which veterans are aware of Federal
programs targeted towards helping veterans access credit.
(3) Report on veterans' business center program.--
(A) In general.--Not later than 60 days after the end of
the second fiscal year beginning after the date on which the
veterans' business center program is established, the
Comptroller General of the United States shall evaluate the
effectiveness of the veterans' business center program, and
submit to Congress a report on the results of that
evaluation.
(B) Contents.--The report submitted under subparagraph (A)
shall include--
(i) an assessment of--

(I) the use of amounts made available to carry out the
veterans' business center program;
(II) the effectiveness of the services provided by each
private nonprofit organization receiving financial assistance
under the veterans' business center program;
(III) whether the services described in clause (ii) are
duplicative of services provided by other veteran service
organizations, programs of the Small Business Administration,
or programs of another Federal department or agency and, if
so, recommendations regarding how to alleviate the
duplication of the services; and
(IV) whether there are areas of the United States in which
there are not adequate entrepreneurial services for small
business concerns owned and controlled by veterans and, if
so, whether there is a veterans' business center established
under the veterans' business center program providing
services to that area; and

(ii) recommendations, if any, for improving the veterans'
business center program.
(c) Reporting Requirement for Interagency Task Force.--
Section 32(c) of the Small Business Act (15 U.S.C. 657b(c))
is amended by adding at the end the following:
``(4) Report.--Not less frequently than twice each year,
the Administrator shall submit to Congress a report on the
appointments made to and activities of the task force.''.

SEC. __. EXTENSION OF MODIFIED PENSION FOR CERTAIN VETERANS
COVERED BY MEDICAID PLANS FOR SERVICES
FURNISHED BY NURSING FACILITIES.

Section 5503(d)(7) of title 38, United States Code, is
amended by striking ``September 30, 2016'' and inserting
``June 30, 2017''.
______