II
Calendar No. 386
110th CONGRESS
1st Session
S. 1671
[Report No. 110–185]
IN THE SENATE OF THE UNITED STATES
June 20, 2007
Mr. Kerry (for himself and Ms. Snowe) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship
September 26, 2007
Reported by Mr. Kerry, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To reauthorize and improve the entrepreneurial development programs of the Small Business Administration, and for other purposes.
Short title
This Act may be cited as the
Entrepreneurial Development Act of
2007
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I—Reauthorization
Sec. 101. Reauthorization.
TITLE II—Women’s small business ownership programs
Sec. 201. Office of Women’s Business Ownership.
Sec. 202. Women’s Business Center Program.
Sec. 203. National Women’s Business Council.
Sec. 204. Interagency Committee on Women’s Business Enterprise.
Sec. 205. Preserving the independence of the National Women’s Business Council.
TITLE III—International trade
Sec. 301. Small Business Administration Associate Administrator for International Trade.
Sec. 302. Office of International Trade.
TITLE IV—Native American Small Business Development Program
Sec. 401. Short title.
Sec. 402. Native American Small Business Development Program.
Sec. 403. Pilot programs.
TITLE V—National Small Business Regulatory Assistance
Sec. 501. Short title.
Sec. 502. Purpose.
Sec. 503. Small Business Regulatory Assistance Pilot Program.
Sec. 504. Rulemaking.
TITLE VI—Other provisions
Sec. 601. Minority Entrepreneurship and Innovation Pilot Program.
Sec. 602. Institutions of higher education.
Sec. 603. Health insurance options information for small business concerns.
Sec. 604. National Small Business Development Center Advisory Board.
Sec. 605. Office of Native American Affairs pilot program.
Sec. 606. Privacy requirements for SCORE chapters.
Sec. 607. National Small Business Summit.
Definitions
In this Act—
the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; and
the term small business concern has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).
Reauthorization
Reauthorization
In general
Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended—
by striking subsections (d), (e), and (j); and
by adding at the end the following:
SCORE program
There are authorized to be appropriated to the Administrator to carry out the Service Corps of Retired Executives program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements for a total of—
$7,000,000 in fiscal year 2008;
$8,000,000 in fiscal year 2009; and
$9,000,000 in fiscal year 2010
.
Small business development centers
Section 21 of the Small Business Act (15 U.S.C. 648) is amended—
in subsection (a)(4)(C), by amending clause (vii) to read as follows:
Authorization of appropriations
There are authorized to be appropriated to carry out this subparagraph—
$135,000,000 for fiscal year 2008;
$140,000,000 for fiscal year 2009; and
$145,000,000 for fiscal year 2010.
; and
in subsection
(c)(3)(T), by striking October 1, 2006
and inserting
October 1, 2010
.
Paul D. Coverdell drug-free workplace program
In general
Section 27(g) of the Small Business Act (15 U.S.C. 654(g)) is amended—
in paragraph (1),
by striking fiscal years 2005 and 2006
and inserting
fiscal years 2008 through 2010
; and
in paragraph (2),
by striking fiscal years 2005 and 2006
and inserting
fiscal years 2008 through 2010
.
Conforming amendment
Section 21(c)(3)(T) of the Small Business Act (15
U.S.C. 648(c)(3)(T)) is amended by striking October 1, 2006
and
inserting October 1, 2010
.
Women’s small business ownership programs
Office of Women’s Business Ownership
Section 29(g) of the Small Business Act (15 U.S.C. 656(g)) is amended—
in paragraph (2)—
in subparagraph (B)(i), by striking “in the areas” and all that follows through the end of subclause (I), and inserting the following: “to address issues concerning management, operations, manufacturing, technology, finance, retail and product sales, international trade, and other disciplines required for—
starting, operating, and growing a small business concern;
; and
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
by adding at the end the following:
Programs and services for women-owned small businesses
The Assistant Administrator, in consultation with the National Women’s Business Council, the Interagency Committee on Women’s Business Enterprise, and 1 or more associations of women’s business centers, shall develop programs and services for women-owned businesses (as defined in section 408 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 631 note)) in business areas, which may include—
manufacturing;
technology;
professional services;
retail and product sales;
travel and tourism;
international trade; and
Federal Government contract business development.
Training
The Administrator shall provide annual programmatic and financial oversight training for women’s business ownership representatives and district office technical representatives of the Administration to enable representatives to carry out their responsibilities under this section.
Grant program and transparency improvements
The Administrator shall improve the transparency of the women’s business center grant proposal process and the programmatic and financial oversight process by—
providing notice to the public of each women’s business center grant announcement for an initial and renewal grant, not later than 6 months before awarding such grant;
providing notice to grant applicants and recipients of program evaluation and award criteria, not later than 12 months before any such evaluation;
reducing paperwork and reporting requirements for grant applicants and recipients;
standardizing the oversight and review process of the Administration; and
providing to each women’s business center, not later than 30 days after the completion of a site visit at that center, a copy of site visit reports and evaluation reports prepared by district office technical representatives or Administration officials.
.
Women’s Business Center Program
Women’s Business Center Grants Program
Section 29 of the Small Business Act (15 U.S.C. 656) is amended—
in subsection (a)—
by redesignating paragraphs (2), (3), and (4), as paragraphs (3), (4), and (5), respectively; and
by inserting after paragraph (1) the following:
the term association of women’s business centers means an organization that represents not fewer than 30 percent of the women’s business centers that are participating in a program under this section, and whose primary purpose is to represent women’s business centers;
;
in subsection (b)—
by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and adjusting the margins accordingly;
by striking
The Administration
and inserting the following:
In general
The Administration
;
by striking
The projects shall
and inserting the following:
Use of funds
The projects shall
; and
by adding at the end the following:
Amount of grants
In general
The Administrator may award a grant under this subsection of not more than $150,000 per year.
Equal allocations
In the event that the Administration has insufficient funds to provide grants of $150,000 for each grant recipient under this subsection in any fiscal year, available funds shall be allocated equally to grant recipients, unless any recipient requests a lower amount than the allocable amount.
Associations of Women’s Business Centers
Recognition
The Administrator shall recognize the existence and activities of any association of women’s business centers established to address matters of common concern.
Consultation
The Administrator shall consult with each association of women’s business centers to develop—
a training program for the staff of the women’s business centers and the Administration; and
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)(5).
.
Technical and conforming Amendments
In general
Section 29 of the Small Business Act (15 U.S.C. 656) is amended—
in subsection
(h)(2), by striking to award a contract (as a sustainability grant)
under subsection (l) or
;
in subsection
(j)(1), by striking The Administration
and inserting Not
later than November 1st of each year, the Administrator
; and
in subsection (k)—
by striking paragraphs (1) and (2) and inserting the following:
In general
There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended—
$15,000,000 for fiscal year 2008;
$16,000,000 for fiscal year 2009; and
$17,500,000 for fiscal year 2010.
Allocation
Of amounts made available pursuant to paragraph (1), the Administrator shall use not less than 60 percent for grants under subsection (m).
Use of amounts
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.
; and
by striking paragraph (4).
Renewal grants
In general
Section 29 of the Small Business Act (15 U.S.C. 656) is amended by redesignating subsections (m) and (n) as subsections (l) and (m), respectively.
Reference
Subsection
(l)(4)(D) of section 29 of the Small Business Act (15 U.S.C. 656), as
redesignated by subparagraph (A) of this paragraph, is amended by striking
or subsection (l)
.
Allocation
Section
29(k)(2) of the Small Business Act (15 U.S.C. 656(k)(2)), as amended by this
Act, is amended by striking subsection (m)
and inserting
subsection (l)
.
Effective date
The amendments made by this paragraph shall take effect on the day after the effective date of the amendments made by section 8305(b) of the Small Business and Work Opportunity Act of 2007 (Public Law 110–28) (striking subsection (l)).
National Women’s Business Council
Cosponsorship Authority
Section 406 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7106) is amended by adding at the end the following:
Cosponsorship Authority
The Council is authorized to enter into agreements as a cosponsor with public and private entities, in the same manner as is provided in section 8(b)(1)(A) of the Small Business Act (15 U.S.C. 637(b)(1)(A)), to carry out its duties under this section.
.
Membership
Section 407(f) of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7107(f)) is amended by adding at the end the following:
Representation of member organizations
In consultation with the chairperson of the Council and the Administrator, a national women's business organization or small business concern that is represented on the Council may replace its representative member on the Council during the service term to which that member was appointed.
.
Establishment of working groups
Title IV of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7101 et seq.) is amended by inserting after section 410, the following new section:
Working groups
Establishment
There are established within the Council, working groups, as directed by the chairperson.
Duties
The working groups established under subsection (a) shall perform such duties as the chairperson shall direct.
.
Clearinghouse for Historical Documents
Section 409 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7109) is amended by adding at the end the following:
Clearinghouse for Historical Documents
The Council shall serve as a clearinghouse for information on small businesses owned and controlled by women, including research conducted by other organizations and individuals relating to ownership by women of small business concerns in the United States.
.
Authorization of Appropriations
Section 410(a) of the Women’s Business Ownership
Act of 1988 (15 U.S.C. 7110(a)) is amended by striking 2001 through
2003, of which $550,000
and inserting 2008 through 2010, of
which not less than 30 percent
.
Interagency Committee on Women’s Business Enterprise
Chairperson
Section 403(b) of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7103(b)) is amended—
by striking
Not later
and inserting the following:
In general
Not later
; and
by adding at the end the following:
Vacancy
In the event that a chairperson is not appointed under paragraph (1), the Deputy Administrator of the Small Business Administration shall serve as acting chairperson of the Interagency Committee until a chairperson is appointed under paragraph (1).
.
Policy Advisory Group
Section 401 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7101) is amended—
by striking
There
and inserting the following:
In General
There
; and
by adding at the end the following:
Policy Advisory Group
Establishment
There is established a Policy Advisory Group to assist the chairperson in developing policies and programs under this Act.
Membership
The Policy Advisory Group shall be composed of 7 policy making officials, of whom—
1 shall be a representative of the Small Business Administration;
1 shall be a representative of the Department of Commerce;
1 shall be a representative of the Department of Labor;
1 shall be a representative of the Department of Defense;
1 shall be a representative of the Department of the Treasury; and
2 shall be representatives of the Council.
.
Preserving the independence of the National Women’s Business Council
Findings
Congress finds the following:
The National Women’s Business Council provides an independent source of advice and policy recommendations regarding women’s business development and the needs of women entrepreneurs in the United States to—
the President;
Congress;
the Interagency Committee on Women’s Business Enterprise; and
the Administrator.
The members of the National Women’s Business Council are small business owners, representatives of business organizations, and representatives of women’s business centers.
The chair and ranking member of the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives make recommendations to the Administrator to fill 8 of the positions on the National Women’s Business Council. Four of the positions are reserved for small business owners who are affiliated with the political party of the President and 4 of the positions are reserved for small business owners who are not affiliated with the political party of the President. This method of appointment ensures that the National Women’s Business Council will provide Congress with nonpartisan, balanced, and independent advice.
In order to maintain the independence of the National Women’s Business Council and to ensure that the Council continues to provide Congress with advice on a nonpartisan basis, it is essential that the Council maintain the bipartisan balance established under section 407 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7107).
Maintenance of Partisan Balance
Section 407(f) of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7107(f)), as amended by this Act, is amended by adding at the end the following:
Partisan balance
When filling a vacancy under paragraph (1) of this subsection of a member appointed under paragraph (1) or (2) of subsection (b), the Administrator shall, to the extent practicable, ensure that there are an equal number of members on the Council from each of the 2 major political parties.
Accountability
If a vacancy is not filled within the 30-day period required under paragraph (1), or if there exists an imbalance of party-affiliated members on the Council for a period exceeding 30 days, the Administrator shall submit a report, not later than 10 days after the expiration of either such 30-day deadline, to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, that explains why the respective deadline was not met and provides an estimated date on which any vacancies will be filled, as applicable.
.
International trade
Small Business Administration Associate Administrator for International Trade
Establishment
Section
22(a) of the Small Business Act (15 U.S.C. 649(a)) is amended by adding at the
end the following: The head of the Office shall be the Associate
Administrator for International Trade, who shall be responsible to the
Administrator.
.
Authority for Additional Associate Administrator
Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended—
in the fifth
sentence, by striking five Associate Administrators
and
inserting Associate Administrators
; and
by adding at the
end the following: One of the Associate Administrators shall be the
Associate Administrator for International Trade, who shall be the head of the
Office of International Trade established under section 22.
.
Discharge of Administration International Trade Responsibilities
Section 22 of the Small Business Act (15 U.S.C. 649) is amended by adding at the end the following:
Discharge of Administration International Trade Responsibilities
The Administrator shall ensure that—
the responsibilities of the Administration regarding international trade are carried out through the Associate Administrator for International Trade;
the Associate Administrator for International Trade has sufficient resources to carry out such responsibilities; and
the Associate Administrator for International Trade has direct supervision and control over the staff of the Office of International Trade, and over any employee of the Administration whose principal duty station is a United States Export Assistance Center or any successor entity.
.
Role of Associate Administrator in carrying out international trade policy
Section 2(b)(1) of the Small Business Act (15 U.S.C. 631(b)(1)) is amended in the matter preceding subparagraph (A)—
by inserting
the Administrator of
before the Small Business
Administration
; and
by inserting
through the Associate Administrator for International Trade, and
before in cooperation with
.
Technical amendment
Section 22(c)(5) of the Small Business Act (15 U.S.C. 649(c)(5)) is amended by striking the period at the end and inserting a semicolon.
Effective date
Not later than 90 days after the date of enactment of this Act, the Administrator shall appoint an Associate Administrator for International Trade under section 22 of the Small Business Act (15 U.S.C. 649), as amended by this section.
Office of International Trade
Section 22 of the Small Business Act (15 U.S.C. 649) is amended—
by striking
Sec.
22. (a) There
and inserting the following:
Office of International Trade
Establishment
There
.
in subsection (a),
by inserting (referred to in this section as the
after Office
),Trade
;
in subsection (b)—
by striking
The Office
and inserting the following:
Trade distribution network
The Office, including United States Export
Assistance Centers (referred to as one-stop shops
in section
2301(b)(8) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.
4721(b)(8)) and as export centers
in this
section)
; and
by amending paragraph (1) to read as follows:
assist in maintaining a distribution network using regional and local offices of the Administration, the small business development center network, the women's business center network, and export centers for—
trade promotion;
trade finance;
trade adjustment;
trade remedy assistance; and
trade data collection.
;
in subsection (c)—
by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;
by inserting before paragraph (2), as so redesignated, the following:
establish annual goals for the Office relating to—
enhancing the exporting capability of small business concerns and small manufacturers;
facilitating technology transfers;
enhancing programs and services to assist small business concerns and small manufacturers to compete effectively and efficiently against foreign entities;
increasing the access to capital by small business concerns;
disseminating information concerning Federal, State, and private programs and initiatives; and
ensuring that the interests of small business concerns are adequately represented in trade negotiations;
;
in paragraph (2),
as so redesignated, by striking mechanism for
and all that
follows through (D)
and inserting the
following:
mechanism for—
identifying subsectors of the small business community with strong export potential;
identifying areas of demand in foreign markets;
prescreening foreign buyers for commercial and credit purposes; and
; and
in paragraph (9), as so redesignated—
in the matter preceding subparagraph (A)—
by striking
full-time export development specialists to each Administration regional
office and assigning
; and
by striking
office. Such specialists
and inserting office and
providing each Administration regional office with a full-time export
development specialist, who
;
in subparagraph
(D), by striking and
at the end;
in subparagraph (E), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
participate jointly with employees of the Office in an annual training program that focuses on current small business needs for exporting; and
jointly develop and conduct training programs for exporters and lenders in cooperation with the United States Export Assistance Centers, the Department of Commerce, small business development centers, and other relevant Federal agencies.
;
in subsection (d)—
by inserting
Export financing
programs.—
after (d)
;
by redesignating paragraphs (1) through (5) as clauses (i) through (v), respectively, and adjusting the margins accordingly;
by striking
The Office shall work in cooperation
and inserting the
following:
In general
The Office shall work in cooperation
; and
by striking
To accomplish this goal, the Office shall work
and inserting the
following:
Trade financial specialist
To accomplish the goal established under paragraph (1), the Office shall—
designate at least 1 individual within the Administration as a trade financial specialist to oversee international loan programs and assist Administration employees with trade finance issues; and
work
;
in subsection (e),
by inserting Trade
remedies.—
after (e)
;
by amending subsection (f) to read as follows:
Reporting requirement
The Office 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—
a description of the progress of the Office in implementing the requirements of this section;
the destinations of travel by Office staff and benefits to the Administration and to small business concerns therefrom; and
a description of the participation by the Office in trade negotiations.
;
in subsection (g),
by inserting Studies.—
after (g)
;
and
by adding at the end the following:
Export assistance centers
In general
During the period beginning on October 1, 2007, and ending on September 30, 2010, the Administrator shall ensure that the number of full-time equivalent employees of the Office assigned to the one-stop shops referred to in section 2301(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721 (b)) is not less than the number of such employees so assigned on January 1, 2003.
Priority of placement
Priority shall be given, to the maximum extent practicable, to placing employees of the Administration at any Export Assistance Center that—
had an Administration employee assigned to such center before January 2003; and
has not had an Administration employee assigned to such center during the period beginning January 2003, and ending on the date of enactment of this subsection, either through retirement or reassignment.
Needs of exporters
The Administrator shall, to the maximum extent practicable, strategically assign Administration employees to Export Assistance Centers, based on the needs of exporters.
Goals
The Office shall work with the Department of Commerce and the Export-Import Bank to establish shared annual goals for the Export Centers.
Oversight
The Office shall designate an individual within the Administration to oversee all activities conducted by Administration employees assigned to Export Centers.
.
Native American Small Business Development Program
Short title
This title may be cited
as the Native American Small Business Development Act of
2007
.
Native American Small Business Development Program
The Small Business Act (15 U.S.C. 631 et seq.) is amended—
by redesignating section 37 as section 38; and
by inserting after section 36 the following:
Native American Small Business Development Program
Definitions
In this section—
the term Alaska Native has the same meaning as the term Native in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b));
the term Alaska Native corporation has the same meaning as the term Native Corporation in section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m));
the term Assistant Administrator means the Assistant Administrator of the Office of Native American Affairs established under subsection (b);
the terms center and Native American business center mean a center established under subsection (c);
the term Native American business development center means an entity providing business development assistance to federally recognized tribes and Native Americans under a grant from the Minority Business Development Agency of the Department of Commerce;
the term Native American small business concern means a small business concern that is owned and controlled by—
a member of an Indian tribe or tribal government;
an Alaska Native or Alaska Native corporation; or
a Native Hawaiian or Native Hawaiian Organization;
the term Native Hawaiian has the same meaning as in section 625 of the Older Americans Act of 1965 (42 U.S.C. 3057k);
the term Native Hawaiian Organization has the same meaning as in section 8(a)(15);
the term tribal college has the same meaning as the term tribally controlled college or university has in section 2(a)(4) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(a)(4));
the term tribal government has the same meaning as the term Indian tribe has in section 7501(a)(9) of title 31, United States Code; and
the term tribal lands means all lands within the exterior boundaries of any Indian reservation.
Office of Native American Affairs
Establishment
There is established within the Administration the Office of Native American Affairs, which, under the direction of the Assistant Administrator, shall implement the Administration’s programs for the development of business enterprises by Native Americans.
Purpose
The purpose of the Office of Native American Affairs is to assist Native American entrepreneurs to—
start, operate, and grow small business concerns;
develop management and technical skills;
seek Federal procurement opportunities;
increase employment opportunities for Native Americans through the start and expansion of small business concerns; and
increase the access of Native Americans to capital markets.
Assistant administrator
Appointment
The Administrator shall appoint a qualified individual to serve as Assistant Administrator of the Office of Native American Affairs in accordance with this paragraph.
Qualifications
The Assistant Administrator appointed under subparagraph (A) shall have—
knowledge of the Native American culture; and
experience providing culturally tailored small business development assistance to Native Americans.
Employment status
The Assistant Administrator shall be a Senior Executive Service position under section 3132(a)(2) of title 5, United States Code, and shall serve as a noncareer appointee, as defined in section 3132(a)(7) of title 5, United States Code.
Responsibilities and duties
The Assistant Administrator shall—
administer and manage the Native American Small Business Development program established under this section;
recommend the annual administrative and program budgets for the Office of Native American Affairs;
consult with Native American business centers in carrying out the program established under this section;
recommend appropriate funding levels;
review the annual budgets submitted by each applicant for the Native American Small Business Development program;
select applicants to participate in the program under this section;
implement this section; and
maintain a clearinghouse to provide for the dissemination and exchange of information between Native American business centers.
Consultation requirements
In carrying out the responsibilities and duties described in this paragraph, the Assistant Administrator shall confer with and seek the advice of—
Administration officials working in areas served by Native American business centers and Native American business development centers;
representatives of tribal governments;
tribal colleges;
Alaska Native corporations; and
Native Hawaiian Organizations.
Native American Small Business Development Program
Authorization
In general
The Administration, through the Office of Native American Affairs, shall provide financial assistance to tribal governments, tribal colleges, Native Hawaiian Organizations, and Alaska Native corporations to create Native American business centers in accordance with this section.
Use of funds
The financial and resource assistance provided under this subsection shall be used to overcome obstacles impeding the creation, development, and expansion of small business concerns, in accordance with this section, by—
reservation-based American Indians;
Alaska Natives; and
Native Hawaiians.
5-year projects
In general
Each Native American business center that receives assistance under paragraph (1)(A) shall conduct a 5-year project that offers culturally tailored business development assistance in the form of—
financial education, including training and counseling in—
applying for and securing business credit and investment capital;
preparing and presenting financial statements; and
managing cash flow and other financial operations of a business concern;
management education, including training and counseling in planning, organizing, staffing, directing, and controlling each major activity and function of a small business concern; and
marketing education, including training and counseling in—
identifying and segmenting domestic and international market opportunities;
preparing and executing marketing plans;
developing pricing strategies;
locating contract opportunities;
negotiating contracts; and
utilizing varying public relations and advertising techniques.
Business development assistance recipients
The business development assistance under subparagraph (A) shall be offered to prospective and current owners of small business concerns that are owned by—
American Indians or tribal governments, and located on or near tribal lands;
Alaska Natives or Alaska Native corporations; or
Native Hawaiians or Native Hawaiian Organizations.
Form of federal financial assistance
Documentation
In general
The financial assistance to Native American business centers authorized under this subsection may be made by grant, contract, or cooperative agreement.
Exception
Financial assistance under this subsection to Alaska Native corporations or Native Hawaiian Organizations may only be made by grant.
Payments
Timing
Payments made under this subsection may be disbursed in an annual lump sum or in periodic installments, at the request of the recipient.
Advance
The Administration may disburse not more than 25 percent of the annual amount of Federal financial assistance awarded to a Native American small business center after notice of the award has been issued.
No matching requirement
The Administration shall not require a grant recipient to match grant funding received under this subsection with non-Federal resources as a condition of receiving the grant.
Contract and cooperative agreement authority
A Native American business center may enter into a contract or cooperative agreement with a Federal department or agency to provide specific assistance to Native American and other underserved small business concerns located on or near tribal lands, to the extent that such contract or cooperative agreement is consistent with the terms of any assistance received by the Native American business center from the Administration.
Application process
Submission of a 5-year plan
Each applicant for assistance under paragraph (1) shall submit a 5-year plan to the Administration on proposed assistance and training activities.
Criteria
In general
The Administration shall evaluate and rank applicants in accordance with predetermined selection criteria that shall be stated in terms of relative importance.
Public notice
The criteria required by this paragraph and their relative importance shall be made publicly available, within a reasonable time, and stated in each solicitation for applications made by the Administration.
Considerations
The criteria required by this paragraph shall include—
the experience of the applicant in conducting programs or ongoing efforts designed to impart or upgrade the business skills of current or potential owners of Native American small business concerns;
the ability of the applicant to commence a project within a minimum amount of time;
the ability of the applicant to provide quality training and services to a significant number of Native Americans;
previous assistance from the Administration to provide services in Native American communities; and
the proposed location for the Native American business center site, with priority given based on the proximity of the center to the population being served and to achieve a broad geographic dispersion of the centers.
Program examination
In general
Each Native American business center established pursuant to this subsection shall annually provide the Administration with an itemized cost breakdown of actual expenditures incurred during the preceding year.
Administration action
Based on information received under subparagraph (A), the Administration shall—
develop and implement an annual programmatic and financial examination of each Native American business center assisted pursuant to this subsection; and
analyze the results of each examination conducted under clause (i) to determine the programmatic and financial viability of each Native American business center.
Conditions for continued funding
In determining whether to renew a grant, contract, or cooperative agreement with a Native American business center, the Administration—
shall consider the results of the most recent examination of the center under subparagraph (B), and, to a lesser extent, previous examinations; and
may withhold such renewal, if the Administration determines that—
the center has failed to provide adequate information required to be provided under subparagraph (A), or the information provided by the center is inadequate; or
the center has failed to provide adequate information required to be provided by the center for purposes of the report of the Administration under subparagraph (E).
Continuing contract and cooperative agreement authority
In general
The authority of the Administrator to enter into contracts or cooperative agreements in accordance with this subsection shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts.
Renewal
After the Administrator has entered into a contract or cooperative agreement with any Native American business center under this subsection, it shall not suspend, terminate, or fail to renew or extend any such contract or cooperative agreement unless the Administrator provides the center with written notification setting forth the reasons therefore and affords the center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code.
Management report
In general
The Administration shall prepare and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report on the effectiveness of all projects conducted by Native American business centers under this subsection and any pilot programs administered by the Office of Native American Affairs.
Contents
Each report submitted under clause (i) shall include, with respect to each Native American business center receiving financial assistance under this subsection—
the number of individuals receiving assistance from the Native American business center;
the number of startup business concerns created;
the number of existing businesses seeking to expand employment;
jobs created or maintained, on an annual basis, by Native American small business concerns assisted by the center since receiving funding under this Act;
to the maximum extent practicable, the capital investment and loan financing utilized by emerging and expanding businesses that were assisted by a Native American business center; and
the most recent examination, as required under subparagraph (B), and the subsequent determination made by the Administration under that subparagraph.
Annual report
Each entity receiving financial assistance under this subsection shall annually report to the Administration on the services provided with such financial assistance, including—
the number of individuals assisted, categorized by ethnicity;
the number of hours spent providing counseling and training for those individuals;
the number of startup small business concerns created or maintained;
the gross receipts of assisted small business concerns;
the number of jobs created or maintained at assisted small business concerns; and
the number of Native American jobs created or maintained at assisted small business concerns.
Record retention
Applications
The Administration shall maintain a copy of each application submitted under this subsection for not less than 7 years.
Annual reports
The Administration shall maintain copies of the information collected under paragraph (6)(A) indefinitely.
Authorization of Appropriations
There are authorized to be appropriated $5,000,000 for each of the fiscal years 2008 through 2010, to carry out the Native American Small Business Development Program, authorized under subsection (c).
.
Pilot programs
Definitions
In this section:
Incorporation by reference
The terms defined in section 37(a) of the Small Business Act (as added by this title) have the same meanings as in that section 37(a) when used in this section.
Joint project
The term joint project means the combined resources and expertise of 2 or more distinct entities at a physical location dedicated to assisting the Native American community.
Native American Development Grant Pilot Program
Authorization
In general
There is established a 4-year pilot program under which the Administration is authorized to award Native American development grants to provide culturally tailored business development training and related services to Native Americans and Native American small business concerns.
Eligible organizations
The grants authorized under subparagraph (A) may be awarded to—
any small business development center; or
any private, nonprofit organization that—
has members of an Indian tribe comprising a majority of its board of directors;
is a Native Hawaiian Organization; or
is an Alaska Native corporation.
Amounts
The Administration shall not award a grant under this subsection in an amount which exceeds $100,000 for each year of the project.
Grant duration
Each grant under this subsection shall be awarded for not less than a 2-year period and not more than a 4-year period.
Conditions for participation
Each entity desiring a grant under this subsection shall submit an application to the Administration that contains—
a certification that the applicant—
is a small business development center or a private, nonprofit organization under paragraph (1)(B);
employs an executive director or program manager to manage the facility; and
agrees—
to a site visit as part of the final selection process;
to an annual programmatic and financial examination; and
to the maximum extent practicable, to remedy any problems identified pursuant to that site visit or examination;
information demonstrating that the applicant has the ability and resources to meet the needs, including cultural needs, of the Native Americans to be served by the grant;
information relating to proposed assistance that the grant will provide, including—
the number of individuals to be assisted; and
the number of hours of counseling, training, and workshops to be provided;
information demonstrating the effective experience of the applicant in—
conducting financial, management, and marketing assistance programs designed to impart or upgrade the business skills of current or prospective Native American business owners;
providing training and services to a representative number of Native Americans;
using resource partners of the Administration and other entities, including universities, tribal governments, or tribal colleges; and
the prudent management of finances and staffing;
the location where the applicant will provide training and services to Native Americans; and
a multiyear plan, corresponding to the length of the grant, that describes—
the number of Native Americans and Native American small business concerns to be served by the grant;
in the continental United States, the number of Native Americans to be served by the grant; and
the training and services to be provided to a representative number of Native Americans.
Review of applications
The Administration shall—
evaluate and rank applicants under paragraph (2) in accordance with predetermined selection criteria that is stated in terms of relative importance;
include such criteria in each solicitation under this subsection and make such information available to the public; and
approve or disapprove each completed application submitted under this subsection not later than 60 days after the date of submission.
Annual report
Each recipient of a Native American development grant under this subsection shall annually report to the Administration on the impact of the grant funding, including—
the number of individuals assisted, categorized by ethnicity;
the number of hours spent providing counseling and training for those individuals;
the number of startup small business concerns created or maintained with assistance from a Native American business center;
the gross receipts of assisted small business concerns;
the number of jobs created or maintained at assisted small business concerns; and
the number of Native American jobs created or maintained at assisted small business concerns.
Record retention
Applications
The Administration shall maintain a copy of each application submitted under this subsection for not less than 7 years.
Annual reports
The Administration shall maintain copies of the information collected under paragraph (4) indefinitely.
American Indian Tribal Assistance Center Grant Pilot Program
Authorization
In general
There is established a 4-year pilot program, under which the Administration shall award not less than 3 American Indian Tribal Assistance Center grants to establish joint projects to provide culturally tailored business development assistance to prospective and current owners of small business concerns located on or near tribal lands.
Eligible organizations
Class 1
Not fewer than 1 grant shall be awarded to a joint project performed by a Native American business center, a Native American business development center, and a small business development center.
Class 2
Not fewer than 2 grants shall be awarded to joint projects performed by a Native American business center and a Native American business development center.
Amounts
The Administration shall not award a grant under this subsection in an amount which exceeds $200,000 for each year of the project.
Grant duration
Each grant under this subsection shall be awarded for a 3-year period.
Conditions for participation
Each entity desiring a grant under this subsection shall submit to the Administration a joint application that contains—
a certification that each participant of the joint application—
is either a Native American business center, a Native American business development center, or a small business development center;
employs an executive director or program manager to manage the center; and
as a condition of receiving an American Indian Tribal Assistance Center grant, agrees—
to an annual programmatic and financial examination; and
to the maximum extent practicable, to remedy any problems identified pursuant to that examination;
information demonstrating an historic commitment to providing assistance to Native Americans—
residing on or near tribal lands; or
operating a small business concern on or near tribal lands;
information demonstrating that each participant of the joint application has the ability and resources to meet the needs, including the cultural needs, of the Native Americans to be served by the grant;
information relating to proposed assistance that the grant will provide, including—
the number of individuals to be assisted; and
the number of hours of counseling, training, and workshops to be provided;
information demonstrating the effective experience of each participant of the joint application in—
conducting financial, management, and marketing assistance programs, designed to impart or upgrade the business skills of current or prospective Native American business owners; and
the prudent management of finances and staffing; and
a plan for the length of the grant, that describes—
the number of Native Americans and Native American small business concerns to be served by the grant; and
the training and services to be provided.
Review of applications
The Administration shall—
evaluate and rank applicants under paragraph (2) in accordance with predetermined selection criteria that is stated in terms of relative importance;
include such criteria in each solicitation under this subsection and make such information available to the public; and
approve or disapprove each application submitted under this subsection not later than 60 days after the date of submission.
Annual report
Each recipient of an American Indian tribal assistance center grant under this subsection shall annually report to the Administration on the impact of the grant funding received during the reporting year, and the cumulative impact of the grant funding received since the initiation of the grant, including—
the number of individuals assisted, categorized by ethnicity;
the number of hours of counseling and training provided and workshops conducted;
the number of startup business concerns created or maintained with assistance from a Native American business center;
the gross receipts of assisted small business concerns;
the number of jobs created or maintained at assisted small business concerns; and
the number of Native American jobs created or maintained at assisted small business concerns.
Record retention
Applications
The Administration shall maintain a copy of each application submitted under this subsection for not less than 7 years.
Annual reports
The Administration shall maintain copies of the information collected under paragraph (4) indefinitely.
Authorization of Appropriations
There are authorized to be appropriated—
$1,000,000 for each of fiscal years 2008 through 2010, to carry out the Native American Development Grant Pilot Program, authorized under subsection (b); and
$1,000,000 for each of fiscal years 2008 through 2010, to carry out the American Indian Tribal Assistance Center Grant Pilot Program, authorized under subsection (c).
National Small Business Regulatory Assistance
Short title
This title may be cited
as the National Small Business
Regulatory Assistance Act of 2007
.
Purpose
The purpose of this title is to establish a 4-year pilot program to—
provide confidential assistance to small business concerns;
provide small business concerns with the information necessary to improve their rate of compliance with Federal and State regulations derived from Federal law;
create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance;
provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and
expand the services delivered by the small business development centers under section 21(c)(3)(H) of the Small Business Act to improve access to programs to assist small business concerns with regulatory compliance.
Small Business Regulatory Assistance Pilot Program
Definitions
In this section:
Association
The term association means the association established pursuant to section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) representing a majority of small business development centers.
Participating small business development center
The term participating small business development center means a small business development center participating in the pilot program established under this title.
Regulatory compliance assistance
The term regulatory compliance assistance means assistance provided by a small business development center to a small business concern to assist and facilitate the concern in complying with Federal and State regulatory requirements derived from Federal law.
Small business development center
The term small business development center means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648).
State
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam.
Authority
In accordance with this section, the Administrator shall establish a pilot program to provide regulatory compliance assistance to small business concerns through participating small business development centers.
Small business development centers
In general
In carrying out the pilot program established under this section, the Administrator shall enter into arrangements with participating small business development centers under which such centers shall—
provide access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act Amendments of 1990 (42 U.S.C. 7661f);
conduct training and educational activities;
offer confidential, free of charge, one-on-one, in-depth counseling to the owners and operators of small business concerns regarding compliance with Federal and State regulations derived from Federal law, provided that such counseling is not considered to be the practice of law in a State in which a small business development center is located or in which such counseling is conducted;
provide technical assistance;
give referrals to experts and other providers of compliance assistance who meet such standards for educational, technical, and professional competency as are established by the Administrator; and
form partnerships with Federal compliance programs.
Reports
Each participating small business development center shall transmit to the Administrator and the Chief Counsel for Advocacy of the Administration, as the Administrator may direct, a quarterly report that includes—
a summary of the regulatory compliance assistance provided by the center under the pilot program;
the number of small business concerns assisted under the pilot program; and
for every fourth report, any regulatory compliance information based on Federal law that a Federal or State agency has provided to the center during the preceding year and requested that it be disseminated to small business concerns.
Eligibility
A small business development center shall be eligible to receive assistance under the pilot program established under this section only if such center is certified under section 21(k)(2) of the Small Business Act (15 U.S.C. 648(k)(2)).
Selection of participating small business development centers
Groupings
Consultation
The Administrator shall select the small business development center programs of 2 States from each of the groups of States described in subparagraph (B) to participate in the pilot program established under this section.
Groups
The groups described in this subparagraph as follows:
Group 1
Group 1 shall consist of Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island.
Group 2
Group 2 shall consist of New York, New Jersey, Puerto Rico, and the Virgin Islands.
Group 3
Group 3 shall consist of Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware.
Group 4
Group 4 shall consist of Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee.
Group 5
Group 5 shall consist of Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota.
Group 6
Group 6 shall consist of Texas, New Mexico, Arkansas, Oklahoma, and Louisiana.
Group 7
Group 7 shall consist of Missouri, Iowa, Nebraska, and Kansas.
Group 8
Group 8 shall consist of Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah.
Group 9
Group 9 shall consist of California, Guam, American Samoa, Hawaii, Nevada, and Arizona.
Group 10
Group 10 shall consist of Washington, Alaska, Idaho, and Oregon.
Deadline for selection
The Administrator shall make selections under this subsection not later than 6 months after the date of publication of final regulations under section 1704.
Matching requirement
Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to assistance made available under the pilot program established under this section.
Grant amounts
Each State program selected to receive a grant under subsection (e) shall be eligible to receive a grant in an amount equal to—
not less than $150,000 per fiscal year; and
not more than $300,000 per fiscal year.
Evaluation and report
The Comptroller General of the United States shall—
not later than 30 months after the date of disbursement of the first grant under the pilot program established under this section, initiate an evaluation of the pilot program; and
not later than 6 months after the date of the initiation of the evaluation under paragraph (1), transmit to the Administrator, the Chief Counsel for Advocacy, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives, a report containing—
the results of the evaluation; and
any recommendations as to whether the pilot program, with or without modification, should be extended to include the participation of all small business development centers.
Posting of information
Not later than 90 days after the date of enactment of this Act, the Administrator shall post on the website of the Administration and publish in the Federal Register a guidance document describing the requirements of an application for assistance under this section.
Authorization of appropriations
In general
There are authorized to be appropriated to carry out this section—
$5,000,000 for the first fiscal year beginning after the date of enactment of this Act; and
$5,000,000 for each of the 3 fiscal years following the fiscal year described in subparagraph (A).
Limitation on use of other funds
The Administrator may carry out the pilot program established under this section only with amounts appropriated in advance specifically to carry out this section.
Termination
The Small Business Regulatory Assistance Pilot Program established under this section shall terminate 4 years after the date of disbursement of the first grant under the pilot program.
Rulemaking
After providing notice and an opportunity for comment, and after consulting with the association (but not later than 180 days after the date of enactment of this Act), the Administrator shall promulgate final regulations to carry out this title, including regulations that establish—
priorities for the types of assistance to be provided under the pilot program established under this title;
standards relating to educational, technical, and support services to be provided by participating small business development centers;
standards relating to any national service delivery and support function to be provided by the association under the pilot program;
standards relating to any work plan that the Administrator may require a participating small business development center to develop; and
standards relating to the educational, technical, and professional competency of any expert or other assistance provider to whom a small business concern may be referred for compliance assistance under the pilot program.
Other provisions
Minority Entrepreneurship and Innovation Pilot Program
Definitions
In this section—
the terms Alaska Native-serving institution and Native Hawaiian-serving institution have the meanings given those terms in section 317 of the Higher Education Act of 1965 (20 U.S.C. 1059d);
the term Hispanic serving institution has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a);
the term historically Black college
and university has the meaning given the term part B
institution
in section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061);
the term small business development center has the same meaning as in section 21 of the Small Business Act (15 U.S.C. 648); and
the term Tribal College has
the meaning given the term tribally controlled college or
university
in section 2 of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801).
Minority entrepreneurship and innovation grants
In General
The Administrator shall make grants to historically Black colleges and universities, Tribal Colleges, Hispanic serving institutions, Alaska Native-serving institutions, and Native Hawaiian-serving institutions, or to any entity formed by a combination of such institutions—
to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies; and
for placement of small business development centers on the physical campus of the institution.
Curriculum Requirement
An institution of higher education receiving a grant under this subsection shall develop a curriculum that includes training in various skill sets needed by successful entrepreneurs, including—
business management and marketing, financial management and accounting, market analysis and competitive analysis, innovation and strategic planning; and
additional entrepreneurial skill sets specific to the needs of the student population and the surrounding community, as determined by the institution.
Small business development center requirement
Each institution receiving a grant under this subsection shall open a small business development center that—
performs studies, research, and counseling concerning the management, financing, and operation of small business concerns;
performs management training and technical assistance regarding the participation of small business concerns in international markets, export promotion and technology transfer, and the delivery or distribution of such services and information;
offers referral services for entrepreneurs and small business concerns to business development, financing, and legal experts; and
promotes market-specific innovation, niche marketing, capacity building, international trade, and strategic planning as keys to long-term growth for its small business concern and entrepreneur clients.
Grant limitations
A grant under this subsection—
may not exceed $500,000 for any fiscal year for any 1 institution of higher education;
may not be used for any purpose other than those associated with the direct costs incurred to develop and implement a curriculum that fosters entrepreneurship and the costs incurred to organize and run a small business development center on the grounds of the institution; and
may not be used for building expenses, administrative travel budgets, or other expenses not directly related to the implementation of the curriculum or activities authorized by this section.
Exception from Small Business Act requirement
Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) do not apply to assistance made available under this subsection.
Report
Not later than November 1 of each year, the Associate Administrator of Entrepreneurial Development of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the award and use of grants under this subsection during the preceding fiscal year, which shall include—
a description of each entrepreneurship program developed with grant funds, the date of the award of such grant, and the number of participants in each such program;
the number of small business concerns assisted by each small business development center established with a grant under this subsection; and
data regarding the economic impact of the small business development center counseling provided under a grant under this subsection.
Authorization of Appropriations
There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended, for each of fiscal years 2008 and 2010.
Limitation on use of Other Funds
The Administrator shall carry out this section only with amounts appropriated in advance specifically to carry out this section.
Institutions of higher education
In general
Section 21(a)(1) of the Small Business Act (15 U.S.C.
648(a)(1)) is amended by striking : Provided,
That
and all that follows through on such date.
and inserting the following: On and after December 31, 2007, the
Administration 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), or to a
women's business center operating pursuant to section 29 as a small business
development center, unless the applicant was receiving a grant (including a
contract or cooperative agreement) on December 31, 2007.
.
Effective date
The amendment made by subsection (a) shall take effect on December 31, 2007.
Health insurance options information for small business concerns
Definitions
In this section, the following definitions shall apply:
Association
The term association means an association established under section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) representing a majority of small business development centers.
Participating small business development center
The term participating small business development center means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648) that—
is certified under section 21(k)(2) of the Small Business Act (15 U.S.C. 648(k)(2)); and
receives a grant under the pilot program.
Pilot program
The term pilot program means the small business health insurance information pilot program established under this section.
State
The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam.
Small Business Health Insurance Information Pilot Program
The Administrator shall establish a pilot program to make grants to small business development centers to provide neutral and objective information and educational materials regarding health insurance options, including coverage options within the small group market, to small business concerns.
Applications
Posting of information
Not later than 90 days after the date of enactment of this Act, the Administrator shall post on the website of the Administration and publish in the Federal Register a guidance document describing—
the requirements of an application for a grant under the pilot program; and
the types of informational and educational materials regarding health insurance options to be created under the pilot program, including by referencing materials and resources developed by the National Association of Insurance Commissioners, the Kaiser Family Foundation, and the Healthcare Leadership Council.
Submission
A small business development center desiring a grant under the pilot program shall submit an application at such time, in such manner, and accompanied by such information as the Administrator may reasonably require.
Selection of participating small business development centers
In general
The Administrator shall select not more than 20 small business development centers to receive a grant under the pilot program.
Selection of programs
In selecting small business development centers under paragraph (1), the Administrator may not select—
more than 2 programs from each of the groups of States described in paragraph (3); and
more than 1 program in any State.
Groupings
The groups of States described in this paragraph are the following:
Group 1
Group 1 shall consist of Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island.
Group 2
Group 2 shall consist of New York, New Jersey, Puerto Rico, and the Virgin Islands.
Group 3
Group 3 shall consist of Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware.
Group 4
Group 4 shall consist of Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee.
Group 5
Group 5 shall consist of Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota.
Group 6
Group 6 shall consist of Texas, New Mexico, Arkansas, Oklahoma, and Louisiana.
Group 7
Group 7 shall consist of Missouri, Iowa, Nebraska, and Kansas.
Group 8
Group 8 shall consist of Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah.
Group 9
Group 9 shall consist of California, Guam, American Samoa, Hawaii, Nevada, and Arizona.
Group 10
Group 10 shall consist of Washington, Alaska, Idaho, and Oregon.
Deadline for selection
The Administrator shall make selections under this subsection not later than 6 months after the later of the date on which the information described in subsection (c)(1) is posted on the website of the Administration and the date on which the information described in subsection (c)(1) is published in the Federal Register.
Use of funds
In general
A participating small business development center shall use funds provided under the pilot program to—
create and distribute informational materials; and
conduct training and educational activities.
Content of materials
In general
In creating materials under the pilot program, a participating small business development center shall evaluate and incorporate relevant portions of existing informational materials regarding health insurance options, including materials and resources developed by the National Association of Insurance Commissioners, the Kaiser Family Foundation, and the Healthcare Leadership Council.
Health insurance options
In incorporating information regarding health insurance options under subparagraph (A), a participating small business development center shall provide neutral and objective information regarding health insurance options in the geographic area served by the participating small business development center, including traditional employer sponsored health insurance for the group insurance market, such as the health insurance options defined in section 2791 of the Public Health Services Act (42 U.S.C. 300gg–91) or section 125 of the Internal Revenue Code of 1986, and Federal and State health insurance programs.
Grant amounts
Each participating small business development center program shall receive a grant in an amount equal to—
not less than $150,000 per fiscal year; and
not more than $300,000 per fiscal year.
Matching requirement
Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to assistance made available under the pilot program.
Reports
Each participating small business development center shall transmit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a quarterly report that includes—
a summary of the information and educational materials regarding health insurance options provided by the participating small business development center under the pilot program; and
the number of small business concerns assisted under the pilot program.
Authorization of appropriations
In general
There are authorized to be appropriated to carry out this section—
$5,000,000 for the first fiscal year beginning after the date of enactment of this Act; and
$5,000,000 for each of the 3 fiscal years following the fiscal year described in subparagraph (A).
Limitation on use of other funds
The Administrator may carry out the pilot program only with amounts appropriated in advance specifically to carry out this section.
National Small Business Development Center Advisory Board
Section 21(i)(1) of the Small Business Act
(15 U.S.C. 648(i)(1)) is amended by striking nine members
and
inserting 10 members
.
Office of Native American Affairs pilot program
Definition
In this section, the term Indian tribe means any band, nation, or organized group or community of Indians located in the contiguous United States, and the Metlakatla Indian Community, whose members are recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians.
Authorization
The Office of Native American Affairs of the Administration may conduct a pilot program—
to develop and publish a self-assessment tool for Indian tribes that will allow such tribes to evaluate and implement best practices for economic development; and
to provide assistance to Indian tribes, through the Inter-Agency Working Group, in identifying and implementing economic development opportunities available from the Federal Government and private enterprise, including—
the Administration;
the Department of Energy;
the Environmental Protection Agency;
the Department of Commerce;
the Federal Communications Commission;
the Department of Justice;
the Department of Labor;
the Office of National Drug Control Policy; and
the Department of Agriculture.
Termination of program
The authority to conduct a pilot program under this section shall terminate on September 30, 2009.
Report
Not later than September 30, 2009, the Office of Native American Affairs 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 regarding the effectiveness of the self-assessment tool developed under subsection (b)(1).
Privacy requirements for SCORE chapters
Section 8 of the Small Business Act (15 U.S.C. 637) is amended by inserting after subsection (b) the following
Privacy requirements
In general
A chapter of the Service Corps of Retired Executives program authorized by subsection (b)(1) or an agent of such a chapter may not disclose the name, address, or telephone number of any individual or small business concern receiving assistance from that chapter or agent without the consent of such individual or small business concern, unless—
the 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
the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of a chapter of the Service Corps of Retired Executives program authorized by subsection (b)(1), but a disclosure under this subparagraph shall be limited to the information necessary for such audit.
Administrator use of information
This subsection shall not—
restrict Administrator access to program activity data; or
prevent the Administrator from using client information to conduct client surveys.
Regulations
In general
The Administrator shall issue regulations to establish standards—
for disclosures with respect to financial audits under paragraph (1)(B); and
for client surveys under paragraph (2)(B), including standards for oversight of such surveys and for dissemination and use of client information.
Maximum privacy protection
Regulations under this paragraph shall, to the extent practicable, provide for the maximum amount of privacy protection.
Inspector general
Until the effective date of regulations under this paragraph, any client survey and the use of such information shall be approved by the Inspector General who shall include such approval in the semi-annual report of the Inspector General.
.
National small business summit
In general
Not later than December 31, 2009, the President shall convene a National Small Business Summit to examine the present conditions and future of the community of small business concerns in the United States. The summit shall include owners of small business concerns, representatives of small business groups, labor, academia, State and Federal government, Federal research and development agencies, and nonprofit policy groups concerned with the issues of small business concerns.
Report
Not later than 90 days after the date of the conclusion of the summit convened under subsection (a), the President shall issue a report on the results of the summit. The report shall identify key challenges and recommendations for promoting entrepreneurship and the growth of small business concerns.
Short title
This Act may be cited as the
Entrepreneurial Development Act of
2007
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I—Reauthorization
Sec. 101. Reauthorization.
TITLE II—Women’s small business ownership programs
Sec. 201. Office of Women’s Business Ownership.
Sec. 202. Women’s Business Center Program.
Sec. 203. National Women’s Business Council.
Sec. 204. Interagency Committee on Women’s Business Enterprise.
Sec. 205. Preserving the independence of the National Women’s Business Council.
TITLE III—International trade
Sec. 301. Small Business Administration Associate Administrator for International Trade.
Sec. 302. Office of International Trade.
TITLE IV—Native American Small Business Development Program
Sec. 401. Short title.
Sec. 402. Native American Small Business Development Program.
Sec. 403. Pilot programs.
TITLE V—National Small Business Regulatory Assistance
Sec. 501. Short title.
Sec. 502. Purpose.
Sec. 503. Small Business Regulatory Assistance Pilot Program.
Sec. 504. Rulemaking.
TITLE VI—Other provisions
Sec. 601. Minority Entrepreneurship and Innovation Pilot Program.
Sec. 602. Institutions of higher education.
Sec. 603. Health insurance options information for small business concerns.
Sec. 604. National Small Business Development Center Advisory Board.
Sec. 605. Office of Native American Affairs pilot program.
Sec. 606. Privacy requirements for SCORE chapters.
Sec. 607. National Small Business Summit.
Definitions
In this Act—
the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; and
the term small business concern has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).
Reauthorization
Reauthorization
In general
Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended—
by striking subsections (d), (e), and (j); and
by adding at the end the following:
SCORE program
There are authorized to be appropriated to the Administrator to carry out the Service Corps of Retired Executives program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements for a total of—
$7,000,000 in fiscal year 2008;
$8,000,000 in fiscal year 2009; and
$9,000,000 in fiscal year 2010.
.
Small business development centers
Section 21 of the Small Business Act (15 U.S.C. 648) is amended—
in subsection (a)(4)(C), by amending clause (vii) to read as follows:
Authorization of appropriations
There are authorized to be appropriated to carry out this subparagraph—
$135,000,000 for fiscal year 2008;
$140,000,000 for fiscal year 2009; and
$145,000,000 for fiscal year 2010.
; and
in subsection (c)(3)(T),
by striking October 1, 2006
and inserting October 1,
2010
.
Paul D. Coverdell drug-free workplace program
In general
Section 27(g) of the Small Business Act (15 U.S.C. 654(g)) is amended—
in paragraph (1), by
striking fiscal years 2005 and 2006
and inserting fiscal
years 2008 through 2010
; and
in paragraph (2), by
striking fiscal years 2005 and 2006
and inserting fiscal
years 2008 through 2010
.
Conforming amendment
Section 21(c)(3)(T) of the Small Business Act (15
U.S.C. 648(c)(3)(T)) is amended by striking October 1, 2006
and
inserting October 1, 2010
.
Women’s small business ownership programs
Office of Women’s Business Ownership
Section 29(g) of the Small Business Act (15 U.S.C. 656(g)) is amended—
in paragraph (2)—
in subparagraph (B)(i), by striking “in the areas” and all that follows through the end of subclause (I), and inserting the following: “to address issues concerning management, operations, manufacturing, technology, finance, retail and product sales, international trade, and other disciplines required for—
starting, operating, and growing a small business concern;
; and
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
by adding at the end the following:
Programs and services for women-owned small businesses
The Assistant Administrator, in consultation with the National Women’s Business Council, the Interagency Committee on Women’s Business Enterprise, and 1 or more associations of women’s business centers, shall develop programs and services for women-owned businesses (as defined in section 408 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 631 note)) in business areas, which may include—
manufacturing;
technology;
professional services;
retail and product sales;
travel and tourism;
international trade; and
Federal Government contract business development.
Training
The Administrator shall provide annual programmatic and financial oversight training for women’s business ownership representatives and district office technical representatives of the Administration to enable representatives to carry out their responsibilities under this section.
Grant program and transparency improvements
The Administrator shall improve the transparency of the women’s business center grant proposal process and the programmatic and financial oversight process by—
providing notice to the public of each women’s business center grant announcement for an initial and renewal grant, not later than 6 months before awarding such grant;
providing notice to grant applicants and recipients of program evaluation and award criteria, not later than 12 months before any such evaluation;
reducing paperwork and reporting requirements for grant applicants and recipients;
standardizing the oversight and review process of the Administration; and
providing to each women’s business center, not later than 30 days after the completion of a site visit (whether conducted for an audit, performance review, or other reason) at that center, a copy of site visit reports and evaluation reports prepared by district office technical representatives or Administration officials.
.
Women’s Business Center Program
Women’s Business Center Grants Program
Section 29 of the Small Business Act (15 U.S.C. 656) is amended—
in subsection (a)—
by redesignating paragraphs (2), (3), and (4), as paragraphs (3), (4), and (5), respectively; and
by inserting after paragraph (1) the following:
the term association of women’s business centers means an organization that represents not fewer than 30 percent of the women’s business centers that are participating in a program under this section, and whose primary purpose is to represent women’s business centers;
;
in subsection (b)—
by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and adjusting the margins accordingly;
by striking The
Administration
and inserting the following:
In general
The Administration
;
by striking The
projects shall
and inserting the following:
Use of funds
The projects shall
; and
by adding at the end the following:
Amount of grants
In general
The Administrator may award a grant under this subsection of not more than $150,000 per year.
Equal allocations
In the event that the Administration has insufficient funds to provide grants of $150,000 for each grant recipient under this subsection in any fiscal year, available funds shall be allocated equally to grant recipients, unless any recipient requests a lower amount than the allocable amount.
Associations of Women’s Business Centers
Recognition
The Administrator shall recognize the existence and activities of any association of women’s business centers established to address matters of common concern.
Consultation
The Administrator shall consult with each association of women’s business centers to develop—
a training program for the staff of the women’s business centers and the Administration; and
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)(5).
;
by striking subsection (f) and inserting the following:
Applications and criteria for initial grants
Application
Each organization desiring a grant under subsection (b) shall submit to the Administrator an application that contains—
a certification that the applicant—
is a private nonprofit organization;
has designated an executive director or program manager, who may be compensated from grant funds or other sources, to manage the center; and
as a condition of receiving a grant under subsection (b), agrees—
to receive a site visit as part of the final selection process;
to undergo an annual programmatic and financial examination; and
to the maximum extent practicable, to remedy any problems identified pursuant to the site visit or examination under subclauses (I) and (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 site for which a grant under subsection (b) is sought, including the ability to comply with the matching requirement under subsection (c);
information relating to assistance to be provided by the women's business center site for which a grant under subsection (b) is sought in the area in which the site is located;
information demonstrating the effective experience of the applicant in—
conducting financial, management, and marketing assistance programs, as described under subsection (b)(2), which are designed to teach or upgrade the business skills of women who are business owners or potential business owners;
providing training and services to a representative number of women who are both socially and economically disadvantaged; and
using resource partners of the Administration and other entities, such as universities;
a 5-year plan that projects the ability of the women's business center site for which a grant is sought—
to serve women who are business owners or potential owners in the future by improving training and counseling activities; and
to provide training and services to a representative number of women who are both socially and economically disadvantaged; and
any additional information that the Administrator may reasonably require.
Review and approval of applications for an initial grant
In general
The Administrator shall—
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
as part of the final selection process, conduct a site visit at each women's business center for which a grant under subsection (b) is sought.
Selection criteria
In general
The Administrator shall evaluate applicants for grants under subsection (b) in accordance with predetermined selection criteria that shall be stated in terms of relative importance. Such criteria and their relative importance shall be made publicly available and stated in each solicitation for applications made by the Administrator.
Required criteria
The selection criteria for a grant under subsection (b) shall include—
the experience of the applicant in conducting programs or ongoing efforts designed to teach or upgrade the business skills of women who are business owners or potential owners;
the ability of the applicant to commence a project within a minimum amount of time;
the ability of the applicant to provide training and services to a representative number of women who are both socially and economically disadvantaged; and
the location for the women's business center site proposed by the applicant.
Notice
The Administrator may not award a grant under subsection (b) to an applicant whose principle place of business is located less than 50 miles from the principle place of business of another organization receiving a grant under this section unless the Administrator submits a written justification for the need to award another grant under this section in that area to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives.
Record retention
The Administrator shall maintain a copy of each application submitted under this subsection for not less than 7 years.
; and
in subsection (m), by striking paragraph (3) and inserting the following:
Application and approval
Application
Each organization desiring a grant this subsection, shall submit to the Administrator, not later than 3 months before the expiration of a grant under subsection (b) or this subsection, as the case may be, an application that contains—
a certification that the applicant—
is a private nonprofit organization;
has designated an executive director or program manager to manage the center; and
as a condition of receiving a grant under this subsection, agrees—
to receive a site visit as part of the final selection process;
to submit, for the preceding 2 years, annual programmatic and financial examination reports or certified copies of the applicant's compliance supplemental audits under OMB Circular A–133; and
to the maximum extent practicable, to remedy any problems identified pursuant to the site visit or examination under items (aa) and (bb);
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 site for which a grant under this subsection is sought, including the ability to comply with the matching requirement under paragraph (4)(C);
information relating to assistance to be provided by the women's business center site for which a grant under this subsection is sought in the area in which the site is located;
information demonstrating the utilization of resource partners of the Administration and other entities;
a 3-year plan that projects the ability of the women's business center site for which a grant under this subsection is sought—
to serve women who are business owners or potential owners in the future by improving training and counseling activities; and
to provide training and services to a representative number of women who are both socially and economically disadvantaged; and
any additional information that the Administrator may reasonably require.
Review and approval of applications for grants
In general
The Administrator shall—
review each application submitted under subparagraph (A), based on the information described in such subparagraph and the criteria set forth under clause (ii) of this subparagraph; and
as part of the final selection process, conduct a site visit at each women's business center for which a grant under this subsection is sought.
Selection criteria
In general
The Administrator shall evaluate applicants in accordance with predetermined selection criteria that shall be stated in terms of relative importance. Such criteria and their relative importance shall be made publicly available and stated in each solicitation for applications made by the Administrator.
Required criteria
The selection criteria for a grant under this subsection shall include—
the total number of entrepreneurs served by the applicant;
the total number of new start-up companies assisted by the applicant;
the percentage of the clients of the applicant that are socially or economically disadvantaged; and
the percentage of individuals in the community served by the applicant who are socially or economically disadvantaged.
Conditions for continued funding
In determining whether to make a grant under this subsection, the Administrator—
shall consider the results of the most recent evaluation of the center, and, to a lesser extent, previous evaluations; and
may withhold such a grant, if the Administrator determines that the center has failed to provide the information required to be provided under this paragraph, or the information provided by the center is inadequate.
Notification
Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application.
Record retention
The Administrator shall maintain a copy of each application submitted under this paragraph for not less than 7 years.
.
Technical and conforming Amendments
In general
Section 29 of the Small Business Act (15 U.S.C. 656) is amended—
in subsection (h)(2), by
striking to award a contract (as a sustainability grant) under
subsection (l) or
;
in subsection (j)(1), by
striking The Administration
and inserting Not later than
November 1st of each year, the Administrator
; and
in subsection (k)—
by striking paragraph (4);
by redesignating paragraph (3) as paragraph (5); and
by striking paragraphs (1) and (2) and inserting the following:
In general
There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended—
$15,000,000 for fiscal year 2008;
$16,000,000 for fiscal year 2009; and
$17,500,000 for fiscal year 2010.
Allocation
Of amounts made available pursuant to paragraph (1), the Administrator shall use not less than 60 percent for grants under subsection (m).
Use of amounts
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.
Continuing grant and cooperative agreement authority
In general
The authority of the Administrator to make grants under this section shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts.
Prompt disbursement
In order to help women's business centers operate smoothly and predictably, upon receiving funds to carry out this section for a fiscal year, the Administrator shall promptly disburse funds to any women's business center awarded a grant under this section.
Renewal
After the Administrator has entered into a grant or cooperative agreement with any women's business center under this section, the Administrator shall not suspend, terminate, or fail to renew or extend any such grant or cooperative agreement, unless the Administrator provides the women's business center with written notification setting forth the reasons for that action and affords the center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code.
.
Renewal grants
In general
Section 29 of the Small Business Act (15 U.S.C. 656) is amended by redesignating subsections (m) and (n) as subsections (l) and (m), respectively.
Reference
Subsection
(l)(4)(D) of section 29 of the Small Business Act (15 U.S.C. 656), as
redesignated by subparagraph (A) of this paragraph, is amended by striking
or subsection (l)
.
Allocation
Section
29(k)(2) of the Small Business Act (15 U.S.C. 656(k)(2)), as amended by this
Act, is amended by striking subsection (m)
and inserting
subsection (l)
.
Effective date
The amendments made by this paragraph shall take effect on the day after the effective date of the amendments made by section 8305(b) of the Small Business and Work Opportunity Act of 2007 (Public Law 110-28) (striking subsection (l)).
National Women’s Business Council
Cosponsorship Authority
Section 406 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7106) is amended by adding at the end the following:
Cosponsorship Authority
The Council is authorized to enter into agreements as a cosponsor with public and private entities, in the same manner as is provided in section 4(h) of the Small Business Act (15 U.S.C. 633(h)), to carry out its duties under this section.
.
Membership
Section 407(f) of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7107(f)) is amended by adding at the end the following:
Representation of member organizations
In consultation with the chairperson of the Council and the Administrator, a national women's business organization or small business concern that is represented on the Council may replace its representative member on the Council during the service term to which that member was appointed.
.
Establishment of working groups
Title IV of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7101 et seq.) is amended by inserting after section 410, the following new section:
Working groups
Establishment
There are established within the Council, working groups, as directed by the chairperson.
Duties
The working groups established under subsection (a) shall perform such duties as the chairperson shall direct.
.
Electronic clearinghouse for Historical Documents
Section 409 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7109) is amended by adding at the end the following:
Electronic clearinghouse for Historical Documents
The Council shall serve as an electronic clearinghouse for information on small businesses owned and controlled by women, including research conducted by other organizations and individuals relating to ownership by women of small business concerns in the United States.
.
Authorization of Appropriations
Section 410(a) of the Women’s Business Ownership
Act of 1988 (15 U.S.C. 7110(a)) is amended by striking 2001 through
2003, of which $550,000
and inserting 2008 through 2010, of
which not less than 30 percent
.
Interagency Committee on Women’s Business Enterprise
Chairperson
Section 403(b) of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7103(b)) is amended—
by striking Not
later
and inserting the following:
In general
Not later
; and
by adding at the end the following:
Vacancy
In the event that a chairperson is not appointed under paragraph (1), the Deputy Administrator of the Small Business Administration shall serve as acting chairperson of the Interagency Committee until a chairperson is appointed under paragraph (1).
.
Policy Advisory Group
Section 401 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7101) is amended—
by striking
There
and inserting the following:
In General
There
; and
by adding at the end the following:
Policy Advisory Group
Establishment
There is established a Policy Advisory Group to assist the chairperson in developing policies and programs under this Act.
Membership
The Policy Advisory Group shall be composed of 7 policy making officials, of whom—
1 shall be a representative of the Small Business Administration;
1 shall be a representative of the Department of Commerce;
1 shall be a representative of the Department of Labor;
1 shall be a representative of the Department of Defense;
1 shall be a representative of the Department of the Treasury; and
2 shall be representatives of the Council.
Meetings
The Policy Advisory Group established under paragraph (1) shall meet not less frequently than 3 times each year to—
plan activities for the new fiscal year;
track year-to-date agency contracting goals; and
evaluate the progress during the fiscal year and prepare an annual report.
.
Preserving the independence of the National Women’s Business Council
Findings
Congress finds the following:
The National Women’s Business Council provides an independent source of advice and policy recommendations regarding women’s business development and the needs of women entrepreneurs in the United States to—
the President;
Congress;
the Interagency Committee on Women’s Business Enterprise; and
the Administrator.
The members of the National Women’s Business Council are small business owners, representatives of business organizations, and representatives of women’s business centers.
The chair and ranking member of the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives make recommendations to the Administrator to fill 8 of the positions on the National Women’s Business Council. Four of the positions are reserved for small business owners who are affiliated with the political party of the President and 4 of the positions are reserved for small business owners who are not affiliated with the political party of the President. This method of appointment ensures that the National Women’s Business Council will provide Congress with nonpartisan, balanced, and independent advice.
In order to maintain the independence of the National Women’s Business Council and to ensure that the Council continues to provide the President, the Interagency Committee on Women’s Business Enterprise, the Administrator, and Congress with advice on a nonpartisan basis, it is essential that the Council maintain the bipartisan balance established under section 407 of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7107).
Maintenance of Partisan Balance
Section 407(f) of the Women’s Business Ownership Act of 1988 (15 U.S.C. 7107(f)), as amended by this Act, is amended by adding at the end the following:
Partisan balance
When filling a vacancy under paragraph (1) of this subsection of a member appointed under paragraph (1) or (2) of subsection (b), the Administrator shall, to the extent practicable, ensure that there are an equal number of members on the Council from each of the 2 major political parties.
Accountability
If a vacancy is not filled within the 30-day period required under paragraph (1), or if there exists an imbalance of party-affiliated members on the Council for a period exceeding 30 days, the Administrator shall submit a report, not later than 10 days after the expiration of either such 30-day deadline, to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, that explains why the respective deadline was not met and provides an estimated date on which any vacancies will be filled, as applicable.
.
International trade
Small Business Administration Associate Administrator for International Trade
Establishment
Section
22(a) of the Small Business Act (15 U.S.C. 649(a)) is amended by adding at the
end the following: The head of the Office shall be the Associate
Administrator for International Trade, who shall be responsible to the
Administrator.
.
Authority for Additional Associate Administrator
Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended—
in the fifth sentence, by
striking five Associate Administrators
and inserting
Associate Administrators
; and
by adding at the end the
following: One of the Associate Administrators shall be the Associate
Administrator for International Trade, who shall be the head of the Office of
International Trade established under section 22.
.
Discharge of Administration International Trade Responsibilities
Section 22 of the Small Business Act (15 U.S.C. 649) is amended by adding at the end the following:
Discharge of Administration International Trade Responsibilities
The Administrator shall ensure that—
the responsibilities of the Administration regarding international trade are carried out through the Associate Administrator for International Trade;
the Associate Administrator for International Trade has sufficient resources to carry out such responsibilities; and
the Associate Administrator for International Trade has direct supervision and control over the staff of the Office of International Trade, and over any employee of the Administration whose principal duty station is a United States Export Assistance Center or any successor entity.
.
Role of Associate Administrator in carrying out international trade policy
Section 2(b)(1) of the Small Business Act (15 U.S.C. 631(b)(1)) is amended in the matter preceding subparagraph (A)—
by inserting the
Administrator of
before the Small Business
Administration
; and
by inserting
through the Associate Administrator for International Trade, and
before in cooperation with
.
Technical amendment
Section 22(c)(5) of the Small Business Act (15 U.S.C. 649(c)(5)) is amended by striking the period at the end and inserting a semicolon.
Effective date
Not later than 90 days after the date of enactment of this Act, the Administrator shall appoint an Associate Administrator for International Trade under section 22 of the Small Business Act (15 U.S.C. 649), as amended by this section.
Office of International Trade
Section 22 of the Small Business Act (15 U.S.C. 649) is amended—
by striking SEC.
22. (a) There
and inserting the following:
Office of International Trade
Establishment
There
.
in subsection (a), by
inserting (referred to in this section as the
after Office
),Trade
;
in subsection (b)—
by striking The
Office
and inserting the following:
Trade distribution network
The Office, including United States Export Assistance
Centers (referred to as one-stop shops
in section 2301(b)(8) of
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8)) and as
export centers
in this
section)
; and
by amending paragraph (1) to read as follows:
assist in maintaining a distribution network using regional and local offices of the Administration, the small business development center network, the women's business center network, and export centers for—
trade promotion;
trade finance;
trade adjustment;
trade remedy assistance; and
trade data collection.
;
in subsection (c)—
by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;
by inserting before paragraph (2), as so redesignated, the following:
establish annual goals for the Office relating to—
enhancing the exporting capability of small business concerns and small manufacturers;
facilitating technology transfers;
enhancing programs and services to assist small business concerns and small manufacturers to compete effectively and efficiently against foreign entities;
increasing the access to capital by small business concerns;
disseminating information concerning Federal, State, and private programs and initiatives; and
ensuring that the interests of small business concerns are adequately represented in trade negotiations;
;
in paragraph (2), as so
redesignated, by striking mechanism for
and all that follows
through (D)
and inserting the
following:
mechanism for—
identifying subsectors of the small business community with strong export potential;
identifying areas of demand in foreign markets;
prescreening foreign buyers for commercial and credit purposes; and
; and
in paragraph (9), as so redesignated—
in the matter preceding subparagraph (A)—
by striking
full-time export development specialists to each Administration regional
office and assigning
; and
by striking
office. Such specialists
and inserting office and
providing each Administration regional office with a full-time export
development specialist, who
;
in subparagraph (D), by
striking and
at the end;
in subparagraph (E), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
participate jointly with employees of the Office in an annual training program that focuses on current small business needs for exporting; and
jointly develop and conduct training programs for exporters and lenders in cooperation with the United States Export Assistance Centers, the Department of Commerce, small business development centers, and other relevant Federal agencies.
;
in subsection (d)—
by inserting
Export financing
programs.—
after (d)
;
by redesignating paragraphs (1) through (5) as clauses (i) through (v), respectively, and adjusting the margins accordingly;
by striking The
Office shall work in cooperation
and inserting the following:
In general
The Office shall work in cooperation
; and
by striking To
accomplish this goal, the Office shall work
and inserting the
following:
Trade financial specialist
To accomplish the goal established under paragraph (1), the Office shall—
designate at least 1 individual within the Administration as a trade financial specialist to oversee international loan programs and assist Administration employees with trade finance issues; and
work
;
in subsection (e), by
inserting Trade
remedies.—
after (e)
;
by amending subsection (f) to read as follows:
Reporting requirement
The Office 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—
a description of the progress of the Office in implementing the requirements of this section;
the destinations of travel by Office staff and benefits to the Administration and to small business concerns therefrom; and
a description of the participation by the Office in trade negotiations.
;
in subsection (g), by
inserting Studies.—
after (g)
;
and
by adding at the end the following:
Export assistance centers
In general
During the period beginning on October 1, 2007, and ending on September 30, 2010, the Administrator shall ensure that the number of full-time equivalent employees of the Office assigned to the one-stop shops referred to in section 2301(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721 (b)) is not less than the number of such employees so assigned on January 1, 2003.
Priority of placement
Priority shall be given, to the maximum extent practicable, to placing employees of the Administration at any Export Assistance Center that—
had an Administration employee assigned to such center before January 2003; and
has not had an Administration employee assigned to such center during the period beginning January 2003, and ending on the date of enactment of this subsection, either through retirement or reassignment.
Needs of exporters
The Administrator shall, to the maximum extent practicable, strategically assign Administration employees to Export Assistance Centers, based on the needs of exporters.
Goals
The Office shall work with the Department of Commerce and the Export-Import Bank to establish shared annual goals for the Export Centers.
Oversight
The Office shall designate an individual within the Administration to oversee all activities conducted by Administration employees assigned to Export Centers.
.
Native American Small Business Development Program
Short title
This title may be cited
as the Native American Small Business Development Act of
2007
.
Native American Small Business Development Program
The Small Business Act (15 U.S.C. 631 et seq.) is amended—
by redesignating section 37 as section 38; and
by inserting after section 36 the following:
Native American Small Business Development Program
Definitions
In this section—
the term Alaska Native has the same meaning as the term Native in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b));
the term Alaska Native corporation has the same meaning as the term Native Corporation in section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m));
the term Assistant Administrator means the Assistant Administrator of the Office of Native American Affairs established under subsection (b);
the terms center and Native American business center mean a center established under subsection (c);
the term Native American business enterprise center means an entity providing business development assistance to federally recognized tribes and Native Americans under a grant from the Minority Business Development Agency of the Department of Commerce;
the term Native American small business concern means a small business concern that is owned and controlled by—
a member of an Indian tribe or tribal government;
an Alaska Native or Alaska Native corporation; or
a Native Hawaiian or Native Hawaiian Organization;
the term Native Hawaiian has the same meaning as in section 625 of the Older Americans Act of 1965 (42 U.S.C. 3057k);
the term Native Hawaiian Organization has the same meaning as in section 8(a)(15);
the term tribal college has the same meaning as the term tribally controlled college or university has in section 2(a)(4) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(a)(4));
the term tribal government has the same meaning as the term Indian tribe has in section 7501(a)(9) of title 31, United States Code; and
the term tribal lands means all lands within the exterior boundaries of any Indian reservation.
Office of Native American Affairs
Establishment
There is established within the Administration the Office of Native American Affairs, which, under the direction of the Assistant Administrator, shall implement the Administration’s programs for the development of business enterprises by Native Americans.
Purpose
The purpose of the Office of Native American Affairs is to assist Native American entrepreneurs to—
start, operate, and grow small business concerns;
develop management and technical skills;
seek Federal procurement opportunities;
increase employment opportunities for Native Americans through the start and expansion of small business concerns; and
increase the access of Native Americans to capital markets.
Assistant administrator
Appointment
The Administrator shall appoint a qualified individual to serve as Assistant Administrator of the Office of Native American Affairs in accordance with this paragraph.
Qualifications
The Assistant Administrator appointed under subparagraph (A) shall have—
knowledge of the Native American culture; and
experience providing culturally tailored small business development assistance to Native Americans.
Employment status
The Assistant Administrator shall be a Senior Executive Service position under section 3132(a)(2) of title 5, United States Code, and shall serve as a noncareer appointee, as defined in section 3132(a)(7) of title 5, United States Code.
Responsibilities and duties
The Assistant Administrator shall—
administer and manage the Native American Small Business Development program established under this section;
recommend the annual administrative and program budgets for the Office of Native American Affairs;
consult with Native American business centers in carrying out the program established under this section;
recommend appropriate funding levels;
review the annual budgets submitted by each applicant for the Native American Small Business Development program;
select applicants to participate in the program under this section;
implement this section; and
maintain a clearinghouse to provide for the dissemination and exchange of information between Native American business centers.
Consultation requirements
In carrying out the responsibilities and duties described in this paragraph, the Assistant Administrator shall confer with and seek the advice of—
Administration officials working in areas served by Native American business centers and Native American business enterprise centers;
representatives of tribal governments;
tribal colleges;
Alaska Native corporations; and
Native Hawaiian Organizations.
Native American Small Business Development Program
Authorization
In general
The Administration, through the Office of Native American Affairs, shall provide financial assistance to tribal governments, tribal colleges, Native Hawaiian Organizations, and Alaska Native corporations to create Native American business centers in accordance with this section.
Use of funds
The financial and resource assistance provided under this subsection shall be used to overcome obstacles impeding the creation, development, and expansion of small business concerns, in accordance with this section, by—
reservation-based American Indians;
Alaska Natives; and
Native Hawaiians.
5-year projects
In general
Each Native American business center that receives assistance under paragraph (1)(A) shall conduct a 5-year project that offers culturally tailored business development assistance in the form of—
financial education, including training and counseling in—
applying for and securing business credit and investment capital;
preparing and presenting financial statements; and
managing cash flow and other financial operations of a business concern;
management education, including training and counseling in planning, organizing, staffing, directing, and controlling each major activity and function of a small business concern; and
marketing education, including training and counseling in—
identifying and segmenting domestic and international market opportunities;
preparing and executing marketing plans;
developing pricing strategies;
locating contract opportunities;
negotiating contracts; and
utilizing varying public relations and advertising techniques.
Business development assistance recipients
The business development assistance under subparagraph (A) shall be offered to prospective and current owners of small business concerns that are owned by—
American Indians or tribal governments, and located on or near tribal lands;
Alaska Natives or Alaska Native corporations; or
Native Hawaiians or Native Hawaiian Organizations.
Form of federal financial assistance
Documentation
In general
The financial assistance to Native American business centers authorized under this subsection may be made by grant, contract, or cooperative agreement.
Exception
Financial assistance under this subsection to Alaska Native corporations or Native Hawaiian Organizations may only be made by grant.
Payments
Timing
Payments made under this subsection may be disbursed in an annual lump sum or in periodic installments, at the request of the recipient.
Advance
The Administration may disburse not more than 25 percent of the annual amount of Federal financial assistance awarded to a Native American small business center after notice of the award has been issued.
No matching requirement
The Administration shall not require a grant recipient to match grant funding received under this subsection with non-Federal resources as a condition of receiving the grant.
Contract and cooperative agreement authority
A Native American business center may enter into a contract or cooperative agreement with a Federal department or agency to provide specific assistance to Native American and other underserved small business concerns located on or near tribal lands, to the extent that such contract or cooperative agreement is consistent with the terms of any assistance received by the Native American business center from the Administration.
Application process
Submission of a 5-year plan
Each applicant for assistance under paragraph (1) shall submit a 5-year plan to the Administration on proposed assistance and training activities.
Criteria
In general
The Administration shall evaluate and rank applicants in accordance with predetermined selection criteria that shall be stated in terms of relative importance.
Public notice
The criteria required by this paragraph and their relative importance shall be made publicly available, within a reasonable time, and stated in each solicitation for applications made by the Administration.
Considerations
The criteria required by this paragraph shall include—
the experience of the applicant in conducting programs or ongoing efforts designed to impart or upgrade the business skills of current or potential owners of Native American small business concerns;
the ability of the applicant to commence a project within a minimum amount of time;
the ability of the applicant to provide quality training and services to a significant number of Native Americans;
previous assistance from the Administration to provide services in Native American communities; and
the proposed location for the Native American business center site, with priority given based on the proximity of the center to the population being served and to achieve a broad geographic dispersion of the centers.
Program examination
In general
Each Native American business center established pursuant to this subsection shall annually provide the Administration with an itemized cost breakdown of actual expenditures incurred during the preceding year.
Administration action
Based on information received under subparagraph (A), the Administration shall—
develop and implement an annual programmatic and financial examination of each Native American business center assisted pursuant to this subsection; and
analyze the results of each examination conducted under clause (i) to determine the programmatic and financial viability of each Native American business center.
Conditions for continued funding
In determining whether to renew a grant, contract, or cooperative agreement with a Native American business center, the Administration—
shall consider the results of the most recent examination of the center under subparagraph (B), and, to a lesser extent, previous examinations; and
may withhold such renewal, if the Administration determines that—
the center has failed to provide adequate information required to be provided under subparagraph (A), or the information provided by the center is inadequate; or
the center has failed to provide adequate information required to be provided by the center for purposes of the report of the Administration under subparagraph (E).
Continuing contract and cooperative agreement authority
In general
The authority of the Administrator to enter into contracts or cooperative agreements in accordance with this subsection shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts.
Renewal
After the Administrator has entered into a contract or cooperative agreement with any Native American business center under this subsection, it shall not suspend, terminate, or fail to renew or extend any such contract or cooperative agreement unless the Administrator provides the center with written notification setting forth the reasons therefore and affords the center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code.
Management report
In general
The Administration shall prepare and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report on the effectiveness of all projects conducted by Native American business centers under this subsection and any pilot programs administered by the Office of Native American Affairs.
Contents
Each report submitted under clause (i) shall include, with respect to each Native American business center receiving financial assistance under this subsection—
the number of individuals receiving assistance from the Native American business center;
the number of startup business concerns created;
the number of existing businesses seeking to expand employment;
jobs created or maintained, on an annual basis, by Native American small business concerns assisted by the center since receiving funding under this Act;
to the maximum extent practicable, the capital investment and loan financing utilized by emerging and expanding businesses that were assisted by a Native American business center; and
the most recent examination, as required under subparagraph (B), and the subsequent determination made by the Administration under that subparagraph.
Annual report
Each entity receiving financial assistance under this subsection shall annually report to the Administration on the services provided with such financial assistance, including—
the number of individuals assisted, categorized by ethnicity;
the number of hours spent providing counseling and training for those individuals;
the number of startup small business concerns created or maintained;
the gross receipts of assisted small business concerns;
the number of jobs created or maintained at assisted small business concerns; and
the number of Native American jobs created or maintained at assisted small business concerns.
Record retention
Applications
The Administration shall maintain a copy of each application submitted under this subsection for not less than 7 years.
Annual reports
The Administration shall maintain copies of the information collected under paragraph (6)(A) indefinitely.
Authorization of Appropriations
There are authorized to be appropriated $5,000,000 for each of the fiscal years 2008 through 2010, to carry out the Native American Small Business Development Program, authorized under subsection (c).
.
Pilot programs
Definitions
In this section:
Incorporation by reference
The terms defined in section 37(a) of the Small Business Act (as added by this title) have the same meanings as in that section 37(a) when used in this section.
Joint project
The term joint project means the combined resources and expertise of 2 or more distinct entities at a physical location dedicated to assisting the Native American community.
Native American Development Grant Pilot Program
Authorization
In general
There is established a 4-year pilot program under which the Administration is authorized to award Native American development grants to provide culturally tailored business development training and related services to Native Americans and Native American small business concerns.
Eligible organizations
The grants authorized under subparagraph (A) may be awarded to—
any small business development center; or
any private, nonprofit organization that—
has members of an Indian tribe comprising a majority of its board of directors;
is a Native Hawaiian Organization; or
is an Alaska Native corporation.
Amounts
The Administration shall not award a grant under this subsection in an amount which exceeds $100,000 for each year of the project.
Grant duration
Each grant under this subsection shall be awarded for not less than a 2-year period and not more than a 4-year period.
Conditions for participation
Each entity desiring a grant under this subsection shall submit an application to the Administration that contains—
a certification that the applicant—
is a small business development center or a private, nonprofit organization under paragraph (1)(B);
employs an executive director or program manager to manage the facility; and
agrees—
to a site visit as part of the final selection process;
to an annual programmatic and financial examination; and
to the maximum extent practicable, to remedy any problems identified pursuant to that site visit or examination;
information demonstrating that the applicant has the ability and resources to meet the needs, including cultural needs, of the Native Americans to be served by the grant;
information relating to proposed assistance that the grant will provide, including—
the number of individuals to be assisted; and
the number of hours of counseling, training, and workshops to be provided;
information demonstrating the effective experience of the applicant in—
conducting financial, management, and marketing assistance programs designed to impart or upgrade the business skills of current or prospective Native American business owners;
providing training and services to a representative number of Native Americans;
using resource partners of the Administration and other entities, including universities, tribal governments, or tribal colleges; and
the prudent management of finances and staffing;
the location where the applicant will provide training and services to Native Americans; and
a multiyear plan, corresponding to the length of the grant, that describes—
the number of Native Americans and Native American small business concerns to be served by the grant;
in the continental United States, the number of Native Americans to be served by the grant; and
the training and services to be provided to a representative number of Native Americans.
Review of applications
The Administration shall—
evaluate and rank applicants under paragraph (2) in accordance with predetermined selection criteria that is stated in terms of relative importance;
include such criteria in each solicitation under this subsection and make such information available to the public; and
approve or disapprove each completed application submitted under this subsection not later than 60 days after the date of submission.
Annual report
Each recipient of a Native American development grant under this subsection shall annually report to the Administration on the impact of the grant funding, including—
the number of individuals assisted, categorized by ethnicity;
the number of hours spent providing counseling and training for those individuals;
the number of startup small business concerns created or maintained with assistance from a Native American business center;
the gross receipts of assisted small business concerns;
the number of jobs created or maintained at assisted small business concerns; and
the number of Native American jobs created or maintained at assisted small business concerns.
Record retention
Applications
The Administration shall maintain a copy of each application submitted under this subsection for not less than 7 years.
Annual reports
The Administration shall maintain copies of the information collected under paragraph (4) indefinitely.
American Indian Tribal Assistance Center Grant Pilot Program
Authorization
In general
There is established a 4-year pilot program, under which the Administration shall award not less than 3 American Indian Tribal Assistance Center grants to establish joint projects to provide culturally tailored business development assistance to prospective and current owners of small business concerns located on or near tribal lands.
Eligible organizations
Class 1
Not fewer than 1 grant shall be awarded to a joint project performed by a Native American business center, a Native American business enterprise center, and a small business development center.
Class 2
Not fewer than 2 grants shall be awarded to joint projects performed by a Native American business center and a Native American business enterprise center.
Amounts
The Administration shall not award a grant under this subsection in an amount which exceeds $200,000 for each year of the project.
Grant duration
Each grant under this subsection shall be awarded for a 3-year period.
Conditions for participation
Each entity desiring a grant under this subsection shall submit to the Administration a joint application that contains—
a certification that each participant of the joint application—
is either a Native American business center, a Native American business enterprise center, or a small business development center;
employs an executive director or program manager to manage the center; and
as a condition of receiving an American Indian Tribal Assistance Center grant, agrees—
to an annual programmatic and financial examination; and
to the maximum extent practicable, to remedy any problems identified pursuant to that examination;
information demonstrating an historic commitment to providing assistance to Native Americans—
residing on or near tribal lands; or
operating a small business concern on or near tribal lands;
information demonstrating that each participant of the joint application has the ability and resources to meet the needs, including the cultural needs, of the Native Americans to be served by the grant;
information relating to proposed assistance that the grant will provide, including—
the number of individuals to be assisted; and
the number of hours of counseling, training, and workshops to be provided;
information demonstrating the effective experience of each participant of the joint application in—
conducting financial, management, and marketing assistance programs, designed to impart or upgrade the business skills of current or prospective Native American business owners; and
the prudent management of finances and staffing; and
a plan for the length of the grant, that describes—
the number of Native Americans and Native American small business concerns to be served by the grant; and
the training and services to be provided.
Review of applications
The Administration shall—
evaluate and rank applicants under paragraph (2) in accordance with predetermined selection criteria that is stated in terms of relative importance;
include such criteria in each solicitation under this subsection and make such information available to the public; and
approve or disapprove each application submitted under this subsection not later than 60 days after the date of submission.
Annual report
Each recipient of an American Indian tribal assistance center grant under this subsection shall annually report to the Administration on the impact of the grant funding received during the reporting year, and the cumulative impact of the grant funding received since the initiation of the grant, including—
the number of individuals assisted, categorized by ethnicity;
the number of hours of counseling and training provided and workshops conducted;
the number of startup business concerns created or maintained with assistance from a Native American business center;
the gross receipts of assisted small business concerns;
the number of jobs created or maintained at assisted small business concerns; and
the number of Native American jobs created or maintained at assisted small business concerns.
Record retention
Applications
The Administration shall maintain a copy of each application submitted under this subsection for not less than 7 years.
Annual reports
The Administration shall maintain copies of the information collected under paragraph (4) indefinitely.
Authorization of Appropriations
There are authorized to be appropriated—
$1,000,000 for each of fiscal years 2008 through 2010, to carry out the Native American Development Grant Pilot Program, authorized under subsection (b); and
$1,000,000 for each of fiscal years 2008 through 2010, to carry out the American Indian Tribal Assistance Center Grant Pilot Program, authorized under subsection (c).
National Small Business Regulatory Assistance
Short title
This title may be cited
as the National Small Business
Regulatory Assistance Act of 2007
.
Purpose
The purpose of this title is to establish a 4-year pilot program to—
provide confidential assistance to small business concerns;
provide small business concerns with the information necessary to improve their rate of compliance with Federal and State regulations derived from Federal law;
create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance;
provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and
expand the services delivered by the small business development centers under section 21(c)(3)(H) of the Small Business Act to improve access to programs to assist small business concerns with regulatory compliance.
Small Business Regulatory Assistance Pilot Program
Definitions
In this section:
Association
The term association means the association established pursuant to section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) representing a majority of small business development centers.
Participating small business development center
The term participating small business development center means a small business development center participating in the pilot program established under this title.
Regulatory compliance assistance
The term regulatory compliance assistance means assistance provided by a small business development center to a small business concern to assist and facilitate the concern in complying with Federal and State regulatory requirements derived from Federal law.
Small business development center
The term small business development center means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648).
State
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam.
Authority
In accordance with this section, the Administrator shall establish a pilot program to provide regulatory compliance assistance to small business concerns through participating small business development centers.
Small business development centers
In general
In carrying out the pilot program established under this section, the Administrator shall enter into arrangements with participating small business development centers under which such centers shall—
provide access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act Amendments of 1990 (42 U.S.C. 7661f);
conduct training and educational activities;
offer confidential, free of charge, one-on-one, in-depth counseling to the owners and operators of small business concerns regarding compliance with Federal and State regulations derived from Federal law, provided that such counseling is not considered to be the practice of law in a State in which a small business development center is located or in which such counseling is conducted;
provide technical assistance;
give referrals to experts and other providers of compliance assistance who meet such standards for educational, technical, and professional competency as are established by the Administrator; and
form partnerships with Federal compliance programs.
Reports
Each participating small business development center shall transmit to the Administrator and the Chief Counsel for Advocacy of the Administration, as the Administrator may direct, a quarterly report that includes—
a summary of the regulatory compliance assistance provided by the center under the pilot program;
the number of small business concerns assisted under the pilot program; and
for every fourth report, any regulatory compliance information based on Federal law that a Federal or State agency has provided to the center during the preceding year and requested that it be disseminated to small business concerns.
Eligibility
A small business development center shall be eligible to receive assistance under the pilot program established under this section only if such center is accredited under section 21(k)(2) of the Small Business Act (15 U.S.C. 648(k)(2)).
Selection of participating small business development centers
Groupings
Consultation
The Administrator shall select the small business development center programs of 2 States from each of the groups of States described in subparagraph (B) to participate in the pilot program established under this section.
Groups
The groups described in this subparagraph as follows:
Group 1
Group 1 shall consist of Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island.
Group 2
Group 2 shall consist of New York, New Jersey, Puerto Rico, and the Virgin Islands.
Group 3
Group 3 shall consist of Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware.
Group 4
Group 4 shall consist of Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee.
Group 5
Group 5 shall consist of Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota.
Group 6
Group 6 shall consist of Texas, New Mexico, Arkansas, Oklahoma, and Louisiana.
Group 7
Group 7 shall consist of Missouri, Iowa, Nebraska, and Kansas.
Group 8
Group 8 shall consist of Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah.
Group 9
Group 9 shall consist of California, Guam, American Samoa, Hawaii, Nevada, and Arizona.
Group 10
Group 10 shall consist of Washington, Alaska, Idaho, and Oregon.
Coordination to avoid duplication with other programs
In selecting small business development center programs under this paragraph, the Administrator shall give a preference to any such program that has a plan for consulting with Federal and State agencies to ensure that any assistance provided under this section is not duplicated by a Federal or State program.
Deadline for selection
The Administrator shall make selections under this subsection not later than 6 months after the date of publication of final regulations under section 1704.
Matching requirement
Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to assistance made available under the pilot program established under this section.
Grant amounts
Each State program selected to receive a grant under subsection (e) shall be eligible to receive a grant in an amount equal to—
not less than $150,000 per fiscal year; and
not more than $300,000 per fiscal year.
Evaluation and report
The Comptroller General of the United States shall—
not later than 30 months after the date of disbursement of the first grant under the pilot program established under this section, initiate an evaluation of the pilot program; and
not later than 6 months after the date of the initiation of the evaluation under paragraph (1), transmit to the Administrator, the Chief Counsel for Advocacy, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives, a report containing—
the results of the evaluation; and
any recommendations as to whether the pilot program, with or without modification, should be extended to include the participation of all small business development centers.
Posting of information
Not later than 90 days after the date of enactment of this Act, the Administrator shall post on the website of the Administration and publish in the Federal Register a guidance document describing the requirements of an application for assistance under this section.
Authorization of appropriations
In general
There are authorized to be appropriated to carry out this section—
$5,000,000 for the first fiscal year beginning after the date of enactment of this Act; and
$5,000,000 for each of the 3 fiscal years following the fiscal year described in subparagraph (A).
Limitation on use of other funds
The Administrator may carry out the pilot program established under this section only with amounts appropriated in advance specifically to carry out this section.
Termination
The Small Business Regulatory Assistance Pilot Program established under this section shall terminate 4 years after the date of disbursement of the first grant under the pilot program.
Rulemaking
After providing notice and an opportunity for comment, and after consulting with the association (but not later than 180 days after the date of enactment of this Act), the Administrator shall promulgate final regulations to carry out this title, including regulations that establish—
priorities for the types of assistance to be provided under the pilot program established under this title;
standards relating to educational, technical, and support services to be provided by participating small business development centers;
standards relating to any national service delivery and support function to be provided by the association under the pilot program;
standards relating to any work plan that the Administrator may require a participating small business development center to develop; and
standards relating to the educational, technical, and professional competency of any expert or other assistance provider to whom a small business concern may be referred for compliance assistance under the pilot program.
Other provisions
Minority Entrepreneurship and Innovation Pilot Program
Definitions
In this section—
the terms Alaska Native-serving institution and Native Hawaiian-serving institution have the meanings given those terms in section 317 of the Higher Education Act of 1965 (20 U.S.C. 1059d);
the term Hispanic serving institution has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a);
the term historically Black college
and university has the meaning given the term part B
institution
in section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061);
the term small business development center has the same meaning as in section 21 of the Small Business Act (15 U.S.C. 648); and
the term Tribal College has
the meaning given the term tribally controlled college or
university
in section 2 of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801).
Minority entrepreneurship and innovation grants
In General
The Administrator shall make grants to historically Black colleges and universities, Tribal Colleges, Hispanic serving institutions, Alaska Native-serving institutions, and Native Hawaiian-serving institutions, or to any entity formed by a combination of such institutions—
to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies; and
for placement of small business development centers on the physical campus of the institution.
Curriculum Requirement
An institution of higher education receiving a grant under this subsection shall develop a curriculum that includes training in various skill sets needed by successful entrepreneurs, including—
business management and marketing, financial management and accounting, market analysis and competitive analysis, innovation and strategic planning; and
additional entrepreneurial skill sets specific to the needs of the student population and the surrounding community, as determined by the institution.
Small business development center requirement
Each institution receiving a grant under this subsection shall open a small business development center that—
performs studies, research, and counseling concerning the management, financing, and operation of small business concerns;
performs management training and technical assistance regarding the participation of small business concerns in international markets, export promotion and technology transfer, and the delivery or distribution of such services and information;
offers referral services for entrepreneurs and small business concerns to business development, financing, and legal experts; and
promotes market-specific innovation, niche marketing, capacity building, international trade, and strategic planning as keys to long-term growth for its small business concern and entrepreneur clients.
Grant limitations
A grant under this subsection—
may not exceed $500,000 for any fiscal year for any 1 institution of higher education;
may not be used for any purpose other than those associated with the direct costs incurred to develop and implement a curriculum that fosters entrepreneurship and the costs incurred to organize and run a small business development center on the grounds of the institution; and
may not be used for building expenses, administrative travel budgets, or other expenses not directly related to the implementation of the curriculum or activities authorized by this section.
Exception from Small Business Act requirement
Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) do not apply to assistance made available under this subsection.
Report
Not later than November 1 of each year, the Associate Administrator of Entrepreneurial Development of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the award and use of grants under this subsection during the preceding fiscal year, which shall include—
a description of each entrepreneurship program developed with grant funds, the date of the award of such grant, and the number of participants in each such program;
the number of small business concerns assisted by each small business development center established with a grant under this subsection; and
data regarding the economic impact of the small business development center counseling provided under a grant under this subsection.
Authorization of Appropriations
There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended, for each of fiscal years 2008 and 2010.
Limitation on use of Other Funds
The Administrator shall carry out this section only with amounts appropriated in advance specifically to carry out this section.
Institutions of higher education
In general
Section 21(a)(1) of the Small Business Act (15 U.S.C.
648(a)(1)) is amended by striking : Provided,
That
and all that follows through on such date.
and inserting the following: On and after December 31, 2007, the
Administration 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), or to a
women's business center operating pursuant to section 29 as a small business
development center, unless the applicant was receiving a grant (including a
contract or cooperative agreement) on December 31, 2007.
.
Effective date
The amendment made by subsection (a) shall take effect on December 31, 2007.
Health insurance options information for small business concerns
Definitions
In this section, the following definitions shall apply:
Association
The term association means an association established under section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) representing a majority of small business development centers.
Participating small business development center
The term participating small business development center means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648) that—
is accredited under section 21(k)(2) of the Small Business Act (15 U.S.C. 648(k)(2)); and
receives a grant under the pilot program.
Pilot program
The term pilot program means the small business health insurance information pilot program established under this section.
State
The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam.
Small Business Health Insurance Information Pilot Program
The Administrator shall establish a pilot program to make grants to small business development centers to provide neutral and objective information and educational materials regarding health insurance options, including coverage options within the small group market, to small business concerns.
Applications
Posting of information
Not later than 90 days after the date of enactment of this Act, the Administrator shall post on the website of the Administration and publish in the Federal Register a guidance document describing—
the requirements of an application for a grant under the pilot program; and
the types of informational and educational materials regarding health insurance options to be created under the pilot program, including by referencing materials and resources developed by the National Association of Insurance Commissioners, the Kaiser Family Foundation, and the Healthcare Leadership Council.
Submission
A small business development center desiring a grant under the pilot program shall submit an application at such time, in such manner, and accompanied by such information as the Administrator may reasonably require.
Selection of participating small business development centers
In general
The Administrator shall select not more than 20 small business development centers to receive a grant under the pilot program.
Selection of programs
In selecting small business development centers under paragraph (1), the Administrator may not select—
more than 2 programs from each of the groups of States described in paragraph (3); and
more than 1 program in any State.
Groupings
The groups of States described in this paragraph are the following:
Group 1
Group 1 shall consist of Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island.
Group 2
Group 2 shall consist of New York, New Jersey, Puerto Rico, and the Virgin Islands.
Group 3
Group 3 shall consist of Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware.
Group 4
Group 4 shall consist of Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee.
Group 5
Group 5 shall consist of Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota.
Group 6
Group 6 shall consist of Texas, New Mexico, Arkansas, Oklahoma, and Louisiana.
Group 7
Group 7 shall consist of Missouri, Iowa, Nebraska, and Kansas.
Group 8
Group 8 shall consist of Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah.
Group 9
Group 9 shall consist of California, Guam, American Samoa, Hawaii, Nevada, and Arizona.
Group 10
Group 10 shall consist of Washington, Alaska, Idaho, and Oregon.
Deadline for selection
The Administrator shall make selections under this subsection not later than 6 months after the later of the date on which the information described in subsection (c)(1) is posted on the website of the Administration and the date on which the information described in subsection (c)(1) is published in the Federal Register.
Use of funds
In general
A participating small business development center shall use funds provided under the pilot program to—
create and distribute informational materials; and
conduct training and educational activities.
Content of materials
In general
In creating materials under the pilot program, a participating small business development center shall evaluate and incorporate relevant portions of existing informational materials regarding health insurance options, including materials and resources developed by the National Association of Insurance Commissioners, the Kaiser Family Foundation, and the Healthcare Leadership Council.
Health insurance options
In incorporating information regarding health insurance options under subparagraph (A), a participating small business development center shall provide neutral and objective information regarding health insurance options in the geographic area served by the participating small business development center, including traditional employer sponsored health insurance for the group insurance market, such as the health insurance options defined in section 2791 of the Public Health Services Act (42 U.S.C. 300gg–91) or section 125 of the Internal Revenue Code of 1986, and Federal and State health insurance programs.
Grant amounts
Each participating small business development center program shall receive a grant in an amount equal to—
not less than $150,000 per fiscal year; and
not more than $300,000 per fiscal year.
Matching requirement
Subparagraphs (A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to assistance made available under the pilot program.
Reports
Each participating small business development center shall transmit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a quarterly report that includes—
a summary of the information and educational materials regarding health insurance options provided by the participating small business development center under the pilot program; and
the number of small business concerns assisted under the pilot program.
Authorization of appropriations
In general
There are authorized to be appropriated to carry out this section—
$5,000,000 for the first fiscal year beginning after the date of enactment of this Act; and
$5,000,000 for each of the 3 fiscal years following the fiscal year described in subparagraph (A).
Limitation on use of other funds
The Administrator may carry out the pilot program only with amounts appropriated in advance specifically to carry out this section.
National Small Business Development Center Advisory Board
Section 21(i)(1) of the Small Business Act
(15 U.S.C. 648(i)(1)) is amended by striking nine members
and
inserting 10 members
.
Office of Native American Affairs pilot program
Definition
In this section, the term Indian tribe means any band, nation, or organized group or community of Indians located in the contiguous United States, and the Metlakatla Indian Community, whose members are recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians.
Authorization
The Office of Native American Affairs of the Administration may conduct a pilot program—
to develop and publish a self-assessment tool for Indian tribes that will allow such tribes to evaluate and implement best practices for economic development; and
to provide assistance to Indian tribes, through the Inter-Agency Working Group, in identifying and implementing economic development opportunities available from the Federal Government and private enterprise, including—
the Administration;
the Department of Energy;
the Environmental Protection Agency;
the Department of Commerce;
the Federal Communications Commission;
the Department of Justice;
the Department of Labor;
the Office of National Drug Control Policy; and
the Department of Agriculture.
Termination of program
The authority to conduct a pilot program under this section shall terminate on September 30, 2009.
Report
Not later than September 30, 2009, the Office of Native American Affairs 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 regarding the effectiveness of the self-assessment tool developed under subsection (b)(1).
Privacy requirements for SCORE chapters
Section 8 of the Small Business Act (15 U.S.C. 637) is amended by inserting after subsection (b) the following
Privacy requirements
In general
A chapter of the Service Corps of Retired Executives program authorized by subsection (b)(1) or an agent of such a chapter may not disclose the name, address, or telephone number of any individual or small business concern receiving assistance from that chapter or agent without the consent of such individual or small business concern, unless—
the 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
the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of a chapter of the Service Corps of Retired Executives program authorized by subsection (b)(1), but a disclosure under this subparagraph shall be limited to the information necessary for such audit.
Administrator use of information
This subsection shall not—
restrict Administrator access to program activity data; or
prevent the Administrator from using client information to conduct client surveys.
Regulations
In general
The Administrator shall issue regulations to establish standards—
for disclosures with respect to financial audits under paragraph (1)(B); and
for client surveys under paragraph (2)(B), including standards for oversight of such surveys and for dissemination and use of client information.
Maximum privacy protection
Regulations under this paragraph shall, to the extent practicable, provide for the maximum amount of privacy protection.
Inspector general
Until the effective date of regulations under this paragraph, any client survey and the use of such information shall be approved by the Inspector General who shall include such approval in the semi-annual report of the Inspector General.
.
National small business summit
In general
Not later than December 31, 2009, the President shall convene a National Small Business Summit to examine the present conditions and future of the community of small business concerns in the United States. The summit shall include owners of small business concerns, representatives of small business groups, labor, academia, State and Federal government, Federal research and development agencies, and nonprofit policy groups concerned with the issues of small business concerns.
Report
Not later than 90 days after the date of the conclusion of the summit convened under subsection (a), the President shall issue a report on the results of the summit. The report shall identify key challenges and recommendations for promoting entrepreneurship and the growth of small business concerns.
September 26, 2007
Reported with an amendment