H.R. 2352House111th Congress (2009-2011)Passed House

Job Creation Through Entrepreneurship Act of 2009

Introduced May 12, 2009

Legislative Activity

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40 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.

May 21, 2009

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HouseIntro Referral

Introduced in House

May 12, 2009

HouseIntro Referral

Referred to the House Committee on Small Business.

May 12, 2009

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 13, 2009

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

May 13, 2009

HouseCommittee

Reported (Amended) by the Committee on Small Business. H. Rept. 111-112.

May 15, 2009

HouseCalendars

Placed on the Union Calendar, Calendar No. 56.

May 15, 2009

HouseFloor

Rules Committee Resolution H. Res. 457 Reported to House. Rule provides for consideration of H.R. 2352 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution provides that the amendment in the nature of a sustitute recommended by the Committee on Small Business now printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read.

May 19, 2009 • 6:48 PM

HouseFloor

Rule H. Res. 457 passed House.

May 20, 2009 • 12:47 PM

HouseFloor

Considered under the provisions of rule H. Res. 457. (consideration: CR H5842-5860)

May 20, 2009 • 2:35 PM

HouseFloor

Rule provides for consideration of H.R. 2352 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution provides that the amendment in the nature of a sustitute recommended by the Committee on Small Business now printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read.

May 20, 2009 • 2:35 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 457 and Rule XVIII.

May 20, 2009 • 2:35 PM

HouseFloor

The Speaker designated the Honorable Tim Holden to act as Chairman of the Committee.

May 20, 2009 • 2:35 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2352.

May 20, 2009 • 2:35 PM

HouseFloor

Pursuant to the provisions of H.Res. 457, an amendment in the nature of a substitute printed in the bill, is considered as adopted as original text for the purpose of further amendment. (text: CR H5847-5852)

May 20, 2009 • 3:14 PM

HouseFloor

DEBATE - Pusrsuant to the provisions of H.Res. 457, the Committee of the Whole proceeded with 20 minutes of debate on the Velazquez amendment.

May 20, 2009 • 3:16 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 457, the Committee of the Whole proceeded with 10 minutes of debate on the Markey (CO) amendment.

May 20, 2009 • 3:19 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 457, the Committee of the Whole proceeded with 10 minutes of debate on the Paulsen amendment.

May 20, 2009 • 3:26 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 457, the Committee of the Whole proceeded with 10 minutes of debate on the Boccieri amendment.

May 20, 2009 • 3:30 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 457, the Committee of the Whole proceeded with 10 minutes of debate on the Himes amendment.

May 20, 2009 • 3:37 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 457, the Committee of the Whole proceeded with 10 minutes of debate on the Kratovil amendment.

May 20, 2009 • 3:45 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Kratovil amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Kratovil demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.

May 20, 2009 • 3:49 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 457, the Committee of the Whole proceeded with 10 minutes of debate on the Murphy (NY) amendment.

May 20, 2009 • 3:50 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 457, the Committee of the Whole proceeded with 10 minutes of debate on the Nye amendment.

May 20, 2009 • 3:55 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 457, the Committee of the Whole proceeded with 10 minutes of debate on the Schauer amendment.

May 20, 2009 • 3:59 PM

HouseFloor

Ms. Velazquez moved to rise.

May 20, 2009 • 4:06 PM

HouseFloor

On motion to rise Agreed to by voice vote.

May 20, 2009 • 4:06 PM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 2352 as unfinished business.

May 20, 2009 • 4:06 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5860-5863)

May 20, 2009 • 5:18 PM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

May 20, 2009 • 5:18 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2352.

May 20, 2009 • 5:44 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H5861)

May 20, 2009 • 5:45 PM

HouseFloor

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

May 20, 2009 • 5:46 PM

HouseFloor

Mrs. Capito moved to recommit with instructions to Small Business. (consideration: CR H5861; text: CR H5861)

May 20, 2009 • 5:47 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Capito motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding a new title- Title VIII- Assistance Related to Carbon Emission tax.

May 20, 2009 • 5:47 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5861)

May 20, 2009 • 5:53 PM

HouseFloor

On motion to recommit with instructions Agreed to by recorded vote: 385 - 41 (Roll no. 280). (consideration: CR H5861-5862)

May 20, 2009 • 6:12 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 406 - 15 (Roll no. 281).

May 20, 2009 • 6:20 PM

HouseFloor

On passage Passed by the Yeas and Nays: 406 - 15 (Roll no. 281).

May 20, 2009 • 6:20 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 20, 2009 • 6:20 PM

HouseFloor

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2352.

May 20, 2009 • 6:20 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.

May 21, 2009

Floor Debate

24 members

What members said about H.R. 2352 on the floor

8 Republicans16 Democrats
Nydia M. Velázquez
Rep. Nydia M. VelázquezD-NY-12 · May 20, 2009

Mr. Chairman, I yield myself as much time as I may consume. Mr. Chairman, I rise in support of this measure which will update and improve the SBA's ED programs. This bill is a bipartisan product and…

Jared Polis
Rep. Jared PolisD-CO-2 · May 20, 2009

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 457 and ask for its immediate consideration. Mr. Speaker, for the purposes of debate only, I yield the customary 30…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · May 20, 2009

Mr. Speaker, I thank my colleague for yielding time, and I will yield myself such time as I may consume. Mr. Speaker, I have read this bill very, very carefully. It's a bipartisan bill supported by…

Peter J. Roskam
Rep. Peter J. RoskamR-IL-6 · May 20, 2009

Thank you. I thank the gentlewoman for yielding. You know, I offered an amendment to the Job Creation Through Entrepreneurship Act, H.R. 2352, and it's one of those bill titles that is sort of…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · May 14, 2009

I thank the gentleman for yielding. On Monday, Madam Speaker, the House will meet at 12:30 p.m. for morning-hour debate and 2 p.m. for legislative business, with votes postponed until 6:30 p.m. On…

Show 8 more
Eric Cantor
Rep. Eric CantorR-VA-7 · May 14, 2009

Madam Speaker, I yield to the gentleman from Maryland, the majority leader, for the purpose of announcing next week's schedule. I thank the gentleman. Madam Speaker, I would ask the gentleman if he…

Glenn C. Nye
Rep. Glenn C. NyeD-VA-2 · May 20, 2009

Mr. Chairman, I rise today in support of H.R. 2352, the Job Creation Through Entrepreneurship Act of 2009. And I want to thank our chairwoman and our ranking member. I appreciate all your efforts to…

Betsy Markey
Rep. Betsy MarkeyD-CO-4 · May 20, 2009

As the designee for Mr. Polis, I have an amendment at the desk. Mr. Chairman, I rise in support of my colleagues' amendment. I thank Representative Shuler, Representative Velazquez, and members of…

Heath Shuler
Rep. Heath ShulerD-NC-11 · May 20, 2009

Mr. Chairman, I yield myself as much time as I may consume. Mr. Chairman, I want to commend the chairwoman for her extraordinary leadership in the Small Business Committee, along with Ranking Member…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 21, 2009

Mr. Chair, I rise today in support of H.R. 2352 ``Job Creation Through Entrepreneurship Act of 2009.'' I would also like to extend my thanks to Representative Heath Shuler of North Carolina for…

Mary Fallin
Rep. Mary FallinR-OK-5 · May 20, 2009

Mr. Chairman, I too would like to offer my support for H.R. 2352, the Job Creation Through Entrepreneurship Act, and to thank Chairwoman Velazquez and Ranking Member Graves for their work in crafting…

Frank Kratovil, Jr.
Rep. Frank Kratovil, Jr.D-MD-1 · May 20, 2009

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. I would like to congratulate the Small Business Committee chairwoman, Ms. Velazquez, and lead…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Jun 4, 2009

Madam Speaker, over the last decade, small businesses have created 70 percent of our new jobs, and they are responsible for half of all the jobs in our nation's workforce. In fact, in my home State…

Show 11 more
Rush Holt
Rep. Rush HoltD-NJ-12 · May 21, 2009

Madam Speaker, I voted yesterday in support of our Nation's small business and for the passage of the ``Job Creation through Entrepreneurship Act of 2009'', H.R. 2352. Small businesses play an…

Erik Paulsen
Rep. Erik PaulsenR-MN-3 · May 20, 2009

I have an amendment at the desk. I yield myself such time as I may consume. First of all, I'd like to thank the chair of the subcommittee. Mr. Chairman, growing small businesses must be a top…

Mark H. Schauer
Rep. Mark H. SchauerD-MI-7 · May 20, 2009

Mr. Chair, I have an amendment at the desk. Thank you, Mr. Chair. I yield myself such time as I may consume. Mr. Chair, I rise to a offer an amendment to address a pressing need in my community and…

James A. Himes
Rep. James A. HimesD-CT-4 · May 20, 2009

Mr. Chair, I have an amendment at the desk. Mr. Chair, I yield myself as much time as I may consume. Entrepreneurship in low-income areas is hindered not just by a lack of capital but by a lack of…

Blaine Luetkemeyer
Rep. Blaine LuetkemeyerR-MO-9 · May 20, 2009

Mr. Chairman, I would like to thank the gentleman from North Carolina (Mr. Shuler) for his hard work in crafting this much needed small business legislation, and I would like to thank Chairwoman…

John A. Boccieri
Rep. John A. BoccieriD-OH-16 · May 20, 2009

Mr. Chair, I have an amendment at the desk. Thank you, Mr. Chair. I yield myself as much time as I may consume. Mr. Chair, I rise today in support of my amendment to H.R. 2352, the Job Creation…

Scott Murphy
Rep. Scott MurphyD-NY-20 · May 20, 2009

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. Like so many other Members here today, I rise to speak in favor of this bill and in particular…

James R. Langevin
Rep. James R. LangevinD-RI-2 · May 20, 2009

Mr. Chair, I rise in strong support of H.R. 2352, the Job Creation Through Entrepreneurship Act, which overhauls the Small Business Administration's entrepreneurial development programs and creates…

Kathleen A. Dahlkemper
Rep. Kathleen A. DahlkemperD-PA-3 · May 20, 2009

Mr. Chairman, I rise today as a cosponsor and strong supporter of the Job Creation Through Entrepreneurship Act of 2009. And I want to thank the chairwoman, the ranking member and the subcommittee…

Aaron Schock
Rep. Aaron SchockR-IL-18 · May 20, 2009

Mr. Chairman, I rise today in support of H.R. 2352, the Job Creation Through Entrepreneurship Act. I, too, wish to extend my appreciation to Chairwoman Velazquez, to Ranking Member Graves, and…

Glenn Thompson
Rep. Glenn ThompsonR-PA-5 · May 20, 2009

Mr. Chairman, I rise today to lend my support for this measure, H.R. 2352, the Job Creation Through Entrepreneurship Act of 2009, and to express my sincere appreciation and thanks to Subcommittee…

Bill Text

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Referred in SenateIssued May 21, 2009

IIB

111th CONGRESS

1st Session

H. R. 2352

IN THE SENATE OF THE UNITED STATES

May 21, 2009

Received; read twice and referred to the Committee on Small Business and Entrepreneurship

AN ACT

To amend the Small Business Act, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Job Creation Through Entrepreneurship Act of 2009.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—Establishment of Veterans Business Center program

Sec. 101. Veterans Business Center program.

Sec. 102. Reporting requirement for interagency task force.

Sec. 103. Comptroller General study of small business concerns owned and controlled by veterans.

Title II—Educating and networking entrepreneurs through today’s technology

Sec. 201. Educating entrepreneurs through technology.

Title III—Enhancing Native American entrepreneurship

Sec. 301. Office of Native American Affairs; Tribal Business Information Centers program.

Sec. 302. Small Business Development Center assistance to Indian tribe members, Alaska Natives, and Native Hawaiians.

Title IV—Broadening the Women’s Business Center program

Sec. 401. Notification of grants; publication of grant amounts.

Sec. 402. Communications.

Sec. 403. Funding.

Sec. 404. Performance and planning.

Sec. 405. National Women’s Business Council.

Sec. 406. Applicant evaluation criteria.

Title V—SCORE Program improvements

Sec. 501. Expansion of volunteer representation and benchmark reports.

Sec. 502. Mentoring and networking.

Sec. 503. Name of program changed to SCORE.

Sec. 504. Authorization of appropriations.

Title VI—Expanding entrepreneurship

Sec. 601. Expanding entrepreneurship.

Title VII—Modernizing the Small Business Development Center Program

Sec. 701. Small business development centers operational changes.

Sec. 702. Access to credit and capital.

Sec. 703. Procurement training and assistance.

Sec. 704. Green entrepreneurs training program.

Sec. 705. Main street stabilization.

Sec. 706. Prohibition on program income being used as matching funds.

Sec. 707. Authorization of appropriations.

Sec. 708. Small Manufacturers transition assistance program.

Title VIII—Microenterprise training center program

Sec. 801. Microenterprise training center program.

Title IX—Military entrepreneurs program

Sec. 901. Military entrepreneurs program.

Title X—Rural Entrepreneurship Advisory Council

Sec. 1001. Rural Entrepreneurship Advisory Council.

Title XI—Assistance related to carbon emission tax

Sec. 1101. Assistance related to carbon emission tax.

I

Establishment of Veterans Business Center program

101.

Veterans Business Center program

Section 32 of the Small Business Act (15 U.S.C. 657b) is amended—

(1)

in subsection (f), by inserting (other than subsections (g), (h), and (i)) after this section; and

(2)

by adding at the end the following:

(g)

Veterans Business Center program

(1)

In general

The Administrator shall establish a Veterans Business Center program within the Administration to provide entrepreneurial training and counseling to veterans in accordance with this subsection.

(2)

Director

The Administrator shall appoint a Director of the Veterans Business Center program, who shall implement and oversee such program and who shall report directly to the Associate Administrator for Veterans Business Development.

(3)

Designation of Veterans Business Centers

The Director shall establish by regulation an application, review, and notification process to designate entities as veterans business centers for purposes of this section. The Director shall make publicly known the designation of an entity as a veterans business center and the award of a grant to such center under this subsection.

(4)

Funding for veterans business centers

(A)

Initial grants

The Director is authorized to make a grant (hereinafter in this subsection referred to as an initial grant) to each veterans business center each year for not more than 5 years in the amount of $200,000.

(B)

Growth funding grants

After a veterans business center has received 5 years of initial grants under subparagraph (A), the Director is authorized to make a grant (hereinafter in this subsection referred to as a growth funding grant) to such center each year for not more than 3 years in the amount of $150,000. After such center has received 3 years of growth funding grants, the Director shall require such center to meet performance benchmarks established by the Director to be eligible for growth funding grants in subsequent years.

(5)

Center responsibilities

Each veterans business center receiving a grant under this subsection shall use the funds primarily on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans.

(6)

Matching funds

Each veterans business center receiving a grant under this subsection shall be required to provide a non-Federal match of 50 percent of the Federal funds such center receives under this subsection. The Director may issue to a veterans business center, upon request, a waiver from all or a portion of such matching requirement upon a determination of hardship. The Director may waive the matching funds requirement under this paragraph with respect to veterans business centers that serve communities with a per capita income less than 75 percent of the national per capita income and an unemployment rate at least 150 percent higher than the national average.

(7)

Targeted areas

The Director shall give priority to applications for designations and grants under this subsection that will establish a veterans business center in a geographic area, as determined by the Director, that is not currently served by a veterans business center and in which—

(A)

the population of veterans exceeds the national median of such measure; or

(B)

the population of veterans of Operation Iraqi Freedom or Operation Enduring Freedom exceeds the national median of such measure.

(8)

Training program

The Director shall develop and implement, directly or by contract, an annual training program for the staff and personnel of designated veterans business centers to provide education, support, and information on best practices with respect to the establishment and operation of such centers. The Director shall develop such training program in consultation with veterans business centers, the interagency task force established under subsection (c), and veterans service organizations.

(9)

Inclusion of other organizations in program

Upon the date of the enactment of this subsection, each Veterans Business Outreach Center established by the Administrator under the authority of section 8(b)(17) and each center that received funds during fiscal year 2006 from the National Veterans Business Development Corporation established under section 33 and that remains in operation shall be treated as designated as a veterans business center for purposes of this subsection and shall be eligible for grants under this subsection.

(10)

Rural areas

The Director shall submit annually to the Administrator a report on whether a sufficient percentage, as determined by the Director, of veterans in rural areas have adequate access to a veterans business center. If the Director submits a report under this paragraph that does not demonstrate that a sufficient percentage of veterans in rural areas have adequate access to a veterans business center, the Director shall give priority during the 1-year period following the date of the submission of such report to applications for designations and grants under this subsection that will establish veterans business centers in rural areas.

(11)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $12,000,000 for fiscal year 2010 and $14,000,000 for fiscal year 2011.

(h)

Additional grants available to veterans business centers

(1)

Access to capital grant program

(A)

In general

The Director of the Veterans Business Center program shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following:

(i)

Developing specialized programs to assist veteran-owned small businesses to secure capital and repair damaged credit.

(ii)

Providing informational seminars on securing loans to veteran-owned small businesses.

(iii)

Providing one-on-one counseling to veteran-owned small businesses to improve the financial presentations of such businesses to lenders.

(iv)

Facilitating the access of veteran-owned small businesses to both traditional and non-traditional financing sources.

(v)

Providing one-on-one or group counseling to owners of small business concerns who are members of the reserve components of the armed forces, as specified in section 10101 of title 10, United States Code, to assist such owners to effectively prepare their small businesses for periods when such owners are deployed in support of a contingency operation.

(vi)

Developing specialized programs to assist unemployed veterans to become entrepreneurs.

(B)

Award size

The Director may not award a veterans business center more than $75,000 in grants under this paragraph.

(C)

Authorization of appropriations

There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011.

(2)

Procurement assistance grant program

(A)

In general

The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following:

(i)

Assisting veteran-owned small businesses to identify contracts that are suitable to such businesses.

(ii)

Preparing veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) through training and business advisement, particularly with respect to the construction trades.

(iii)

Providing veteran-owned small businesses technical assistance with respect to the Federal procurement process, including assisting such businesses to comply with Federal regulations and bonding requirements.

(B)

Award size

The Director may not award a veterans business center more than $75,000 in grants under this paragraph.

(C)

Authorization of appropriations

There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011.

(3)

Service-disabled veteran-owned small business grant program

(A)

In general

The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following:

(i)

Developing outreach programs for service-disabled veterans to promote self-employment opportunities.

(ii)

Providing training to service-disabled veterans with respect to business plan development, marketing, budgeting, accounting, and merchandising.

(iii)

Assisting service-disabled veteran-owned small businesses to locate and secure business opportunities.

(B)

Award size

The Director may not award a veterans business center more than $75,000 in grants under this paragraph.

(C)

Authorization of appropriations

There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011.

(i)

Veterans entrepreneurial development summit

(1)

In general

The Director of the Veterans Business Center program is authorized to carry out an event, once every two years, for the purpose of providing networking opportunities, outreach, education, training, and support to veterans business centers funded under this section, veteran-owned small businesses, veterans service organizations, and other entities as determined appropriate for inclusion by the Director. Such event shall include education and training with respect to improving outreach to veterans in areas of high unemployment.

(2)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $450,000 for fiscal years 2010 and 2011.

(j)

Inclusion of surviving spouses

For purposes of subsections (g), (h), and (i) the following apply:

(1)

The term veteran includes a surviving spouse of the following:

(A)

A member of the Armed Forces, including a reserve component thereof.

(B)

A veteran.

(2)

The term veteran-owned small business includes a small business owned by a surviving spouse of the following:

(A)

A member of the Armed Forces, including a reserve component thereof.

(B)

A veteran.

(k)

Inclusion of reserve components

For purposes of subsections (g), (h), and (i) the following apply:

(1)

The term veteran includes a member of the reserve components of the armed forces as specified in section 10101 of title 10, United States Code.

(2)

The term veteran-owned small business includes a small business owned by a member of the reserve components of the armed forces as specified in section 10101 of title 10, United States Code.

.

102.

Reporting requirement for interagency task force

Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the following:

(4)

Report

The Administrator shall submit to Congress biannually a report on the appointments made to and activities of the task force.

.

103.

Comptroller General study of small business concerns owned and controlled by veterans

The Comptroller General shall carry out a study on the effects of this Act and the amendments made by this Act on small business concerns owned and controlled by veterans and submit to Congress a report on the results of such study. Such report shall include the recommendations of the Comptroller General with respect to how this Act and the amendments made by this Act may be implemented to more effectively serve small business concerns owned and controlled by veterans.

II

Educating and networking entrepreneurs through today’s technology

201.

Educating entrepreneurs through technology

The Small Business Act (15 U.S.C. 631 et seq.) is amended by redesignating section 44 as section 47 and by inserting the following new section after section 43:

44.

Educating and networking entrepreneurs through technology

(a)

Purpose

The purpose of this section is to provide distance learning and opportunities for the exchange of peer-to-peer technical assistance through online networking to potential and existing entrepreneurs through the use of technology.

(b)

Definition

As used in this section, the term qualified third-party vendor means an entity with experience in distance learning content or communications technology, or both, with the ability to utilize on-line, satellite, video-on-demand, and connected community-based organizations to distribute and conduct distance learning and establish an online network for use by potential and existing entrepreneurs to facilitate the exchange of peer-to-peer technical assistance related to entrepreneurship, credit management, financial literacy, and Federal small business development programs.

(c)

Authority

The Administrator shall contract with qualified third-party vendors for entrepreneurial training content, the development of communications technology that can distribute content under this section throughout the United States, and the establishment of a nationwide, online network for the exchange of peer-to-peer technical assistance. The Administrator shall contract with at least two qualified third-party vendors to develop content.

(d)

Content

The Administrator shall ensure that the content referred to in subsection (c) is timely and relevant to entrepreneurial development and can be successfully communicated remotely to an audience through the use of technology. The Administrator shall, to the maximum extent practicable, promote content that makes use of technologies that allow for remote interaction by the content provider with an audience. The Administrator shall ensure that the content is catalogued and accessible to small businesses on-line or through other remote technologies.

(e)

Communications technology

The Administrator shall ensure that the communications technology referred to in subsection (c) is able to distribute content throughout all 50 States and the territories of the United States to small business concerns, home-based businesses, Small Business Development Centers, Women’s Business Centers, Veterans Business Centers, SCORE chapters, and the Small Business Administration and network entrepreneurs throughout all 50 States and the territories of the United States to allow for peer-to-peer learning through the creation of a location online that allows entrepreneurs and small business owners the opportunity to exchange technical assistance through the sharing of information. To the extent possible, the qualified third-party vendor should deliver the content and facilitate the networking using broadband technology.

(f)

Reports to Congress

The Administrator shall submit a report to Congress 6 months after the date of the enactment of this section containing an analysis of the Small Business Administration’s progress in implementing this section. The Administrator shall submit a report to Congress 1 year after the date of the enactment of this section and annually thereafter containing the number of presentations made under this section, the number of small businesses served under this section, the extent to which this section resulted in the establishment of new businesses, and feedback on the usefulness of this medium in presenting entrepreneurial education and facilitating the exchange of peer-to-peer technical assistance throughout the United States.

(g)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $2,000,000 for each of the fiscal years 2010 and 2011.

.

III

Enhancing Native American entrepreneurship

301.

Office of Native American Affairs; Tribal Business Information Centers program

(a)

Associate Administrator

Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended—

(1)

by striking five Associate Administrators and inserting six Associate Administrators; and

(2)

by inserting after vested in the Administration. the following: One such Associate Administrator shall be the Associate Administrator for Native American Affairs, who shall administer the Office of Native American Affairs established under section 45..

(b)

Establishment

The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 44, as added by section 201 of this Act, the following:

45.

Office of Native American Affairs and Tribal Business Information Centers Program

(a)

Office of Native American Affairs

(1)

Establishment

There is established in the Administration an Office of Native American Affairs (hereinafter referred to in this subsection as the Office).

(2)

Associate Administrator

The Office shall be administered by an Associate Administrator appointed under section 4(b)(1).

(3)

Responsibilities

The Office shall have the following responsibilities:

(A)

Developing and implementing tools and strategies to increase Native American entrepreneurship.

(B)

Expanding the access of Native American entrepreneurs to business training, financing, and Federal small business contracts.

(C)

Expanding outreach to Native American communities and marketing entrepreneurial development services to such communities.

(D)

Representing the Administration with respect to Native American economic development matters.

(4)

Coordination and oversight function

The Office shall provide oversight with respect to and assist the implementation of all Administration initiatives relating to Native American entrepreneurial development.

(5)

Authorization of appropriations

To carry out this subsection, there is authorized to be appropriated to the Administrator $2,000,000 for each of fiscal years 2010 and 2011.

(b)

Tribal Business Information Centers Program

(1)

Establishment

The Administrator is authorized to operate, alone or in coordination with other Federal departments and agencies, a Tribal Business Information Centers program that provides Native American populations with business training and entrepreneurial development assistance.

(2)

Designation of centers

The Administrator shall designate entities as centers under the Tribal Business Information Centers program.

(3)

Administration support

The Administrator may contribute agency personnel and resources to the centers designated under paragraph (2) to carry out this subsection.

(4)

Grant program

The Administrator is authorized to make grants of not more than $300,000 to centers designated under paragraph (2) for the purpose of providing Native Americans the following:

(A)

Business workshops.

(B)

Individualized business counseling.

(C)

Entrepreneurial development training.

(D)

Access to computer technology and other resources to start or expand a business.

(5)

Regulations

The Administrator shall by regulation establish a process for designating centers under paragraph (2) and making the grants authorized under paragraph (4).

(6)

Definition of Administrator

In this subsection, the term Administrator means the Administrator, acting through the Associate Administrator administering the Office of Native American Affairs.

(7)

Authorization of appropriations

To carry out this subsection, there is authorized to be appropriated to the Administrator $15,000,000 for fiscal year 2010 and $17,000,000 for fiscal year 2011.

(c)

Definition of Native American

The term Native American means an Indian tribe member, Alaska Native, or Native Hawaiian as such are defined in section 21(a)(8) of this Act.

.

302.

Small Business Development Center assistance to Indian tribe members, Alaska Natives, and Native Hawaiians

(a)

In general

Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following:

(8)

Additional grant to assist Indian tribe members, Alaska Natives, and Native Hawaiians

(A)

In general

Any applicant in an eligible State that is funded by the Administration as a Small Business Development Center may apply for an additional grant to be used solely to provide services described in subsection (c)(3) to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaska Natives, and Native Hawaiians.

(B)

Eligible States

For purposes of subparagraph (A), an eligible State is a State that has a combined population of Indian tribe members, Alaska Natives, and Native Hawaiians that comprises at least 1 percent of the State’s total population, as shown by the latest available census.

(C)

Grant applications

An applicant for a grant under subparagraph (A) shall submit to the Administration an application that is in such form as the Administration may require. The application shall include information regarding the applicant’s goals and objectives for the services to be provided using the grant, including—

(i)

the capability of the applicant to provide training and services to a representative number of Indian tribe members, Alaska Natives, and Native Hawaiians;

(ii)

the location of the Small Business Development Center site proposed by the applicant;

(iii)

the required amount of grant funding needed by the applicant to implement the program; and

(iv)

the extent to which the applicant has consulted with local tribal councils.

(D)

Applicability of grant requirements

An applicant for a grant under subparagraph (A) shall comply with all of the requirements of this section, except that the matching funds requirements under paragraph (4)(A) shall not apply.

(E)

Maximum amount of grants

No applicant may receive more than $300,000 in grants under this paragraph for any fiscal year.

(F)

Regulations

After providing notice and an opportunity for comment and after consulting with the Association recognized by the Administration pursuant to paragraph (3)(A) (but not later than 180 days after the date of enactment of this paragraph), the Administration shall issue final regulations to carry out this paragraph, including regulations that establish—

(i)

standards relating to educational, technical, and support services to be provided by Small Business Development Centers receiving assistance under this paragraph; and

(ii)

standards relating to any work plan that the Administration may require a Small Business Development Center receiving assistance under this paragraph to develop.

(G)

Advice of local tribal organizations

A Small Business Development Center receiving a grant under this paragraph shall request the advice of a tribal organization on how best to provide assistance to Indian tribe members, Alaska Natives, and Native Hawaiians and where to locate satellite centers to provide such assistance.

(H)

Definitions

In this paragraph, the following definitions apply:

(i)

Indian lands

The term Indian lands has the meaning given the term Indian country in section 1151 of title 18, United States Code, the meaning given the term Indian reservation in section 151.2 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this paragraph), and the meaning given the term reservation in section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903).

(ii)

Indian tribe

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.

(iii)

Indian tribe member

The term Indian tribe member means a member of an Indian tribe (other than an Alaska Native).

(iv)

Alaska Native

The term Alaska Native has the meaning given the term Native in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)).

(v)

Native Hawaiian

The term Native Hawaiian means any individual who is—

(I)

a citizen of the United States; and

(II)

a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.

(vi)

Tribal organization

The term tribal organization has the meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).

(I)

Authorization of appropriations

There is authorized to be appropriated to carry out this paragraph $7,000,000 for each of fiscal years 2010 and 2011.

(J)

Funding limitations

(i)

Nonapplicability of certain limitations

Funding under this paragraph shall be in addition to the dollar program limitations specified in paragraph (4).

(ii)

Limitation on use of funds

The Administration may carry out this paragraph only with amounts appropriated in advance specifically to carry out this paragraph.

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IV

Broadening the Women’s Business Center program

401.

Notification of grants; publication of grant amounts

Section 29 of the Small Business Act (15 U.S.C. 656) is amended by adding at the end the following new subsection:

(o)

Notification of grants; publication of grant amounts

The Administrator shall disburse funds to a women’s business center not later than 1 month after the center’s application is approved under this section. At the end of each fiscal year the Administrator (acting through the Office of Women’s Business ownership) shall publish on the Administration’s website a report setting forth the total amount of the grants made under this Act to each women’s business center in the fiscal year for which the report is issued, the total amount of such grants made in each prior fiscal year to each such center, and the total amount of private matching funds provided by each such center over the lifetime of the center.

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402.

Communications

Section 29 of the Small Business Act (15 U.S.C. 656), as amended, is further amended by adding at the end the following new subsection:

(p)

Communications

The Administrator shall establish, by rule, a standardized process to communicate with women’s business centers regarding program administration matters, including reimbursement, regulatory matters, and programmatic changes. The Administrator shall notify each women’s business center of the opportunity for notice and comment on the proposed rule.

.

403.

Funding

(a)

Formula

Section 29(b) of the Small Business Act (15 U.S.C. 656(b)) is amended to read as follows:

(b)

Authority

(1)

In general

The Administrator may provide financial assistance to private nonprofit organizations to conduct projects for the benefit of small business concerns owned and controlled by women. The projects shall provide—

(A)

financial assistance, including training and counseling in how to apply for and secure business credit and investment capital, preparing and presenting financial statements, and managing cash flow and other financial operations of a business concern;

(B)

management assistance, including training and counseling in how to plan, organize, staff, direct, and control each major activity and function of a small business concern, including implementing cost-saving energy techniques; and

(C)

marketing assistance, 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.

(2)

Tiers

The Administrator shall provide assistance under paragraph (1) in 3 tiers of assistance as follows:

(A)

The first tier shall be to conduct a 5-year project in a situation where a project has not previously been conducted. Such a project shall be in a total amount of not more than $150,000 per year. Projects receiving assistance under this subparagraph that possess the capacity to train existing or potential business owners in the fields of green technology, clean technology, or energy efficiency shall receive the maximum award under this subparagraph.

(B)

The second tier shall be to conduct a 3-year project in a situation where a first-tier project is being completed. Such a project shall be in a total amount of not more than $100,000 per year.

(C)

The third tier shall be to conduct a 3-year project in a situation where a second-tier project is being completed. Such a project shall be in a total amount of not more than $100,000 per year. Third-tier grants shall be renewable subject to established eligibility criteria as well as criteria in subsection (b)(4).

(3)

Allocation of funds

Of the amounts made available for assistance under this subsection, the Administrator shall allocate—

(A)

at least 40 percent for first-tier projects under paragraph (2)(A);

(B)

20 percent for second-tier projects under paragraph (2)(B); and

(C)

the remainder for third-tier projects under paragraph (2)(C).

(4)

Benchmarks for third-tier projects

In awarding third-tier projects under paragraph (2)(C), the Administrator shall use benchmarks based on socio-economic factors in the community and on the performance of the applicant. The benchmarks shall include—

(A)

the total number of women served by the project;

(B)

the proportion of low income women and socio-economic distribution of clients served by the project;

(C)

the proportion of individuals in the community that are socially or economically disadvantaged (based on median income);

(D)

the future fund-raising and service coordination plans;

(E)

the capacity of the project to train existing or potential business owners in the fields of green technology, clean technology, or energy efficiency;

(F)

the diversity of services provided; and

(G)

geographic distribution within and across the 10 regions of the Small Business Administration.

.

(b)

Matching

Subparagraphs (A) and (B) of section 29(c)(1) of the Small Business Act (15 U.S.C. 656(c)(1)) are amended to read as follows:

(A)

For the first and second years of the project, 1 non-Federal dollar for each 2 Federal dollars.

(B)

Each year after the second year of the project—

(i)

1 non-Federal dollar for each Federal dollar; or

(ii)

if the center is in a community at least 50 percent of the population of which is below the median income for the State or United States territory in which the center is located, 1 non-Federal dollar for each 2 Federal dollars.

.

(c)

Authorization

Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by inserting the following new subsection after subsection (e):

(f)

Women’s business centers

There is authorized to be appropriated for purposes of grants under section 29 to women’s business centers not more than $20,000,000 in fiscal year 2010 and not more than $22,000,000 in fiscal year 2011.

.

404.

Performance and planning

(a)

In general

Section 29(h)(1) of the Small Business Act (15 U.S.C. 656(h)(1)) is amended—

(1)

by striking and at the end of subparagraph (A);

(2)

by redesignating subparagraph (B) as subparagraph (D); and

(3)

by inserting the following new subparagraphs after subparagraph (A):

(B)

establish performance measures, taking into account the demographic differences of populations served by women's business centers, which measures shall include—

(i)

outcome-based measures of the amount of job creation or economic activity generated in the local community as a result of efforts made and services provided by each women’s business center, and

(ii)

service-based measures of the amount of services provided to individuals and small business concerns served by each women’s business center;

(C)

require each women’s business center to submit an annual plan for the next year that includes the center's funding sources and amounts, strategies for increasing outreach to women-owned businesses, strategies for increasing job growth in the community, strategies for increasing job placement of women in nontraditional occupations, and other content as determined by the Administrator; and

.

(b)

Conforming amendment

Section 29(h)(1) of the Small Business Act (15 U.S.C. 656(h)(1)), as amended, is further amended by adding the following at the end thereof:

The Administrator's evaluation of each women’s business center as required by this subsection shall be in part based on the performance measures under subparagraphs (B) and (C). These measures and the Administrator's evaluations thereof shall be made publicly available.

.

405.

National Women’s Business Council

The Women's Business Ownership Act of 1988 is amended as follows:

(1)

In section 409(a) (15 U.S.C. 7109(a)), by adding the following at the end thereof: Such studies shall include a study on the impact of the 2008–2009 financial markets crisis on women-owned businesses, and a study of the use of the Small Business Administration’s programs by women-owned businesses..

(2)

In section 410(a) (15 U.S.C. 7110(a)), by striking 2001 through 2003 and insert 2010 and 2011.

406.

Applicant evaluation criteria

Section 29(f) of the Small Business Act (15 U.S.C. 656(f)) is amended—

(1)

in paragraph (3) by striking and at the end;

(2)

in paragraph (4) by striking the period and inserting ; and; and

(3)

by adding at the end the following:

(5)

whether the applicant has the capacity to train existing or potential business owners in the fields of green technology, clean technology, or energy efficiency.

.

V

SCORE Program improvements

501.

Expansion of volunteer representation and benchmark reports

(a)

Expansion of volunteer representation

Section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)) is amended—

(1)

by inserting (i) after (B); and

(2)

by adding at the end the following:

(ii)

The Administrator shall ensure that SCORE, established under this subparagraph, carries out a plan to increase the proportion of mentors who are from socially or economically disadvantaged backgrounds and, on an annual basis, reports to the Administrator on the implementation of this subparagraph.

.

(b)

Benchmark reports

Section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)), as amended, is further amended by adding at the end the following:

(iii)

The Administrator shall ensure that SCORE, established under this subparagraph, establishes benchmarks for use in evaluating the performance of its activities and of its volunteers. The benchmarks shall include benchmarks relating to the demographic characteristics and the geographic characteristics of persons assisted by SCORE, benchmarks related to the hours spent mentoring by volunteers, and benchmarks relating to the performance of the persons assisted by SCORE. SCORE shall report, on an annual basis, to the Administrator the extent to which the benchmarks established under this clause are being attained.

.

502.

Mentoring and networking

Section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)), as amended, is further amended by adding at the end the following:

(iv)

The Administrator shall ensure that SCORE, established under this subparagraph, establishes a mentoring program for small business concerns that provides one-on-one advice to small business concerns from qualified counselors. For purposes of this clause, qualified counselors are counselors with at least 10 years experience in the industry sector or area of responsibility of the small business concern seeking advice.

(v)

The Administrator shall carry out a networking program through SCORE, established under this subparagraph, that provides small business concerns with the opportunity to make business contacts in their industry or geographic region.

.

503.

Name of program changed to SCORE

(a)

Name change

The Small Business Act is amended as follows:

(1)

In section 8(b)(1)(B) (15 U.S.C. 637(b)(1)(B)), by striking Executives (SCORE) and inserting Executives (in this Act referred to as SCORE).

(2)

In section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 636(m)(3)(A)(i)(VIII)), by striking the Service Corps of Retired Executives and inserting SCORE.

(3)

In section 20 (15 U.S.C. 631 note)—

(A)

in subsection (d)(1)(E), by striking the Service Corps of Retired Executives program and inserting SCORE; and

(B)

in subsection (e)(1)(E), by striking the Service Corps of Retired Executives program and inserting SCORE.

(4)

In section 33(b)(2) (15 U.S.C. 657c(b)(2)), by striking Service Corps of Retired Executives and inserting SCORE.

(b)

Elimination of ACE

Section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)), as amended, is further amended by striking and an Active Corps of Executive (ACE).

504.

Authorization of appropriations

Section 20 of the Small Business Act (15 U.S.C. 631 note), as amended by section 403(c) of this Act, is further amended by inserting the following new subsection after subsection (f):

(g)

Authorization of appropriations for SCORE

There is authorized to be appropriated $7,000,000 for SCORE under section 8(b)(1) for each of the fiscal years 2010 and 2011.

.

VI

Expanding entrepreneurship

601.

Expanding entrepreneurship

Section 4 of the Small Business Act (15 U.S.C. 633) is amended by adding at the end the following:

(g)

Management and direction

(1)

Plan for entrepreneurial development and job creation strategy

The Administrator shall develop and submit to Congress a plan, in consultation with a representative from each of the agency's entrepreneurial development programs, for using the Small Business Administration’s entrepreneurial development programs to create jobs during fiscal years 2010 and 2011. The plan shall include the Administration’s plan for drawing on existing programs, including Small Business Development Centers, Women’s Business Centers, SCORE, Veterans Business Centers, Native American Outreach, and other appropriate programs. The Administrator shall identify a strategy for each Administration region to create or retain jobs through Administration programs. The Administrator shall identify, in consultation with appropriate personnel from entrepreneurial development programs, performance measures and criteria, including job creation, job retention, and job retraining goals, to evaluate the success of the Administration’s actions regarding these efforts.

(2)

Data collection process

The Administrator shall, after notice and opportunity for comment, promulgate a rule to develop and implement a consistent data collection process to cover all entrepreneurial development programs. Such data collection process shall include data relating to job creation, performance, and any other data determined appropriate by the Administrator with respect to the Administration’s entrepreneurial development programs.

(3)

Coordination and Alignment of SBA Entrepreneurial Development Programs

The Administrator shall submit annually to Congress, in consultation with other Federal departments and agencies as appropriate, a report on opportunities to foster coordination, limit duplication, and improve program delivery for Federal entrepreneurial development programs.

(4)

Database of Entrepreneurial Development Service Providers

The Administrator shall, after a period of 60 days for public comment, establish a database of providers of entrepreneurial development services and, make such database available through the Administration’s Web site. The database shall be searchable by industry, geography, and service required.

(5)

Community Specialist

The Administrator shall designate not less than one staff member in each Administration district office as a community specialist who has as their full-time responsibility working with local entrepreneurial development service providers to increase coordination with Federal resources. The Administrator shall develop benchmarks for measuring the performance of community specialists under this subsection.

(6)

Entrepreneurial Development Portal

The Administrator shall publish a design for a Web-based portal to provide comprehensive information on the Administration’s entrepreneurial development programs. After a period of 60 days for public comment, the Administrator shall establish such portal and—

(A)

integrate under one Web portal, Small Business Development Centers, Women's Business Centers, SCORE, Veterans Business Centers, the Administration’s distance learning program, and other programs as appropriate;

(B)

revise the Administration’s primary Web site so that the Web portal described in subparagraph (A) is available as a link on the main Web page of the Web site;

(C)

increase consumer-oriented content on the Administration’s Web site and focus on promoting access to business solutions, including marketing, financing, and human resources planning;

(D)

establish relevant Web content aggregated by industry segment, stage of business development, level of need, and include referral links to appropriate Administration services, including financing, training and counseling, and procurement assistance; and

(E)

provide style guidelines and links for visitors to the Administration’s Web site to be able to comment on and evaluate the materials in terms of their usefulness.

(7)

Pilot programs

The Administrator may not conduct any pilot program for a period of greater than 3 years if the program conflicts with, or uses the resources of, any of the entrepreneurial development programs authorized under section 8(b)(1)(B), 21, 29, 32, or any other provision of this Act.

.

VII

Modernizing the Small Business Development Center Program

701.

Small business development centers operational changes

(a)

Accreditation requirement

Section 21(a)(1) of the Small Business Act (15 U.S.C. 648(a)(1)) is amended as follows:

(1)

In the proviso, by inserting before institution the following: accredited.

(2)

In the sentence beginning The Administration shall, by inserting before institutions the following: accredited.

(3)

By adding at the end the following new sentence: In this paragraph, the term accredited institution of higher education means an institution that is accredited as described in section 101(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)(5))..

(b)

Program negotiations

Section 21(a)(3) of the Small Business Act (15 U.S.C. 648(a)(3)) is amended in the matter preceding subparagraph (A), by inserting before agreed the following: mutually.

(c)

Contract negotiations

Section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) is amended by inserting after uniform negotiated the following: mutually agreed to.

(d)

SBDC hiring

Section 21(c)(2)(A) of the Small Business Act (15 U.S.C. 648(c)(2)(A)) is amended by inserting after full-time staff the following: , the hiring of which shall be at the sole discretion of the center without the need for input or approval from any officer or employee of the Administration.

(e)

Content of consultations

Section 21(a)(7)(A) of the Small Business Act (15 U.S.C. 648(a)(7)(A)) is amended in the matter preceding clause (i) by inserting after under this section the following: , or the content of any consultation with such an individual or small business concern,.

(f)

Amounts for administrative expenses

Section 21(a)(4)(C)(v)(I) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(v)(I)) is amended to read as follows:

(I)

In general

Of the amounts made available in any fiscal year to carry out this section, not more than $500,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1).

.

(g)

Non-matching portability grants

Section 21(a)(4)(C)(viii) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(viii)) is amended by adding at the end the following: In the event of a disaster, the dollar limitation in the preceding sentence shall not apply..

(h)

Distribution to SBDCs

Section 21(b) of the Small Business Act (15 U.S.C. 648(b)) is amended by adding at the end the following new paragraph:

(4)

Limitation on distribution to small business development centers

(A)

In general

Except as otherwise provided in this paragraph, the Administration shall not distribute funds to a Small Business Development Center if the State in which the Small Business Development Center is located is served by more than one Small Business Development Center.

(B)

Unavailability exception

The Administration may distribute funds to a maximum of two Small Business Development Centers in any State if no applicant has applied to serve the entire State.

(C)

Grandfather clause

The limitations in this paragraph shall not apply to any State in which more than one Small Business Development Center received funding prior to January 1, 2007.

(D)

Definition

For the purposes of this paragraph, the term Small Business Development Center means the entity selected by the Administration to receive funds pursuant to the funding formula set forth in subsection (a)(4), without regard to the number of sites for service delivery such entity establishes or funds.

.

(i)

Women’s business centers

Section 21(a)(1) of the Small Business Act (15 U.S.C. 648(a)(1)), as amended, is further amended—

(1)

by striking and women's business centers operating pursuant to section 29; and

(2)

by striking or a women’s business center operating pursuant to section 29.

702.

Access to credit and capital

Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following new subsection:

(o)

Access to credit and capital program

(1)

In general

The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to—

(A)

develop specialized programs to assist local small business concerns in securing capital and repairing damaged credit;

(B)

provide informational seminars on securing credit and loans;

(C)

provide one-on-one counseling with potential borrowers to improve financial presentations to lenders; and

(D)

facilitate borrowers’ access to non-traditional financing sources, as well as traditional lending sources.

(2)

Award size limit

The Administration may not award an entity more than $300,000 in grant funds under this subsection.

(3)

Authority

Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection.

(4)

Authorization

There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.

.

703.

Procurement training and assistance

Section 21 of the Small Business Act (15 U.S.C. 648), as amended, is further amended by adding at the end the following new subsection:

(p)

Procurement training and assistance

(1)

In general

The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to—

(A)

work with local agencies to identify contracts that are suitable for local small business concerns;

(B)

prepare small businesses to be ready as subcontractors and prime contractors for contracts made available under the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) through training and business advisement, particularly in the construction trades; and

(C)

provide technical assistance regarding the Federal procurement process, including assisting small business concerns to comply with federal regulations and bonding requirements.

(2)

Award size limit

The Administration may not award an entity more than $300,000 in grant funds under this subsection.

(3)

Authority

Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection.

(4)

Authorization of appropriations

There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.

.

704.

Green entrepreneurs training program

Section 21 of the Small Business Act (15 U.S.C. 648), as amended, is further amended by adding at the end the following new subsection:

(q)

Green entrepreneurs training program

(1)

In general

The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to—

(A)

provide education classes and one-on-one instruction in starting a business in the fields of energy efficiency, green technology, or clean technology and in adapting a business to include such fields;

(B)

coordinate such classes and instruction, to the extent practicable, with local community colleges and local professional trade associations;

(C)

assist and provide technical counseling to individuals seeking to start a business in the fields of energy efficiency, green technology, or clean technology and to individuals seeking to adapt a business to include such fields; and

(D)

provide services that assist low-income or dislocated workers to start businesses in the fields of energy efficiency, green technology, or clean technology.

(2)

Award size limit

The Administration may not award an entity more than $300,000 in grant funds under this subsection.

(3)

Authority

Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection.

(4)

Authorization of appropriations

There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.

.

705.

Main street stabilization

Section 21 of the Small Business Act (15 U.S.C. 648), as amended, is further amended by adding the following new subsection at the end thereof:

(r)

Main street stabilization

(1)

In general

The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to—

(A)

establish a statewide small business helpline within every State and United States territory to provide immediate expert information and assistance to small business concerns;

(B)

develop a portfolio of online survival and growth tools and resources that struggling small business concerns can utilize through the Internet;

(C)

develop business advisory capacity to provide expert consulting and education to assist small businesses at-risk of failure and to, in areas of high demand, shorten the response time of small business development centers, and, in rural areas, support added outreach in remote communities;

(D)

deploy additional resources to help specific industry sectors with a high presence of small business concerns, which shall be targeted toward clusters of small businesses with similar needs and build upon best practices from earlier assistance;

(E)

develop a formal listing of financing options for small business capital access; and

(F)

deliver services that help dislocated workers start new businesses.

(2)

Award size limit

The Administration may not award an entity more than $250,000 in grant funds under this subsection.

(3)

Authority

Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection.

(4)

Authorization

There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.

.

706.

Prohibition on program income being used as matching funds

Section 21(a)(4)(B) (15 U.S.C. 648(a)(4)(B)) is amended by inserting after Federal program the following: and shall not include any funds obtained through the assessment of fees to small business clients.

707.

Authorization of appropriations

Section 20 of the Small Business Act (15 U.S.C. 631 note), as amended by sections 403(c) and 504 of this Act, is further amended by inserting after subsection (g) the following new subsection:

(h)

Small business development centers

There is authorized to be appropriated to carry out the Small Business Development Center Program under section 21 $150,000,000 for fiscal year 2010 and $160,000,000 for fiscal year 2011.

.

708.

Small Manufacturers transition assistance program

Section 21 of the Small Business Act (15 U.S.C. 648), as amended, is further amended by adding at the end the following new subsection:

(s)

Small Manufacturers transition assistance program

(1)

In general

The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to—

(A)

provide technical assistance and expertise to small manufacturers with respect to changing operations to another industry sector or reorganizing operations to increase efficiency and profitability;

(B)

assist marketing of the capabilities of small manufacturers outside the principal area of operations of such manufacturers;

(C)

facilitate peer-to-peer and mentor-protege relationships between small manufacturers and corporations and Federal agencies; and

(D)

conduct outreach activities to local small manufacturers with respect to the availability of the services described in subparagraphs (A), (B), and (C).

(2)

Definition of small manufacturer

In this subsection, the term small manufacturer means a small business concern engaged in an industry specified in sector 31, 32, or 33 of the North American Industry Classification System in section 121.201 of title 13, Code of Federal Regulations.

(3)

Award size limit

The Administration may not award an entity more than $250,000 in grant funds under this subsection.

(4)

Authority

Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection.

(5)

Authorization

There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.

.

VIII

Microenterprise training center program

801.

Microenterprise training center program

The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 45, as added by section 301(b) of this Act, the following:

46.

Microenterprise training center program

(a)

Establishment

The Administrator shall establish and carry out a microenterprise training center program for the purpose of providing low-income and unemployed individuals with training and counseling with respect to starting a microenterprise.

(b)

Number and location of centers

In carrying out the program under subsection (a), the Administrator shall establish 10 microenterprise training centers, which, to the extent practicable, shall be located in a manner that promotes the geographic diversity of such centers. The Administrator shall give priority in locating such centers to areas with high proportions of low-income and unemployed individuals.

(c)

Function

In carrying out the program under subsection (a), the Administrator shall ensure that microenterprise training centers provide training and resources to individuals seeking to start a new microenterprise, including through the provision of classes, one-on-one instruction, and other services the Administrator determines appropriate.

(d)

Coordination

The Administrator shall coordinate the program established under subsection (a) with other programs of the Administration that may provide support to microenterprises.

(e)

Definition of microenterprise

In this section, the term microenterprise means a business with not more than 6 employees and begun with an initial investment of not more than $40,000.

.

IX

Military entrepreneurs program

901.

Military entrepreneurs program

The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 45, as added by section 301(b) of this Act, the following:

47.

Military entrepreneurs program

(a)

Establishment

The Administrator shall establish and carry out a program to provide business counseling and entrepreneurial development assistance to members of the Armed Forces to facilitate the development of small business concerns.

(b)

Liaison

In carrying out the program described in subsection (a), the Administrator shall establish a liaison to facilitate outreach to members of the Armed Forces with respect to business counseling and entrepreneurial development assistance.

(c)

Authorization of appropriations

There is authorized to be appropriated to the Administrator to carry out this section $1,000,000 for fiscal years 2010 and 2011.

.

X

Rural Entrepreneurship Advisory Council

1001.

Rural Entrepreneurship Advisory Council

The Small Business Act (15 U.S.C. 631 et. seq.) is amended by inserting after section 45, as added by section 301(b) of this Act, the following:

48.

Rural Entrepreneurship Advisory Council

(a)

Establishment

The Administrator shall establish a rural entrepreneurship advisory council (hereinafter referred to in this section as the council).

(b)

Composition

The Administrator shall ensure that the council is composed of appropriate officials from the Administration, the rural development programs of the Department of Agriculture, and the Department of Commerce and of representatives, who volunteer for the council, from the academic, small business, agriculture, and high-tech communities.

(c)

Functions

(1)

Initial report

Not later than 90 days after the date of the enactment of this section, the council shall submit to the Administrator and to Congress a report on the following:

(A)

Entrepreneurship in rural communities compared to urban communities.

(B)

Potential barriers to entrepreneurship for individuals in rural communities.

(C)

Effective Federal policies that are expanding entrepreneurship in rural communities.

(D)

Recommendations for Federal policies to foster entrepreneurship in rural communities and to ensure that rural entrepreneurs have equal access to technical assistance, entrepreneurial opportunities, and educational outreach.

(2)

Advice

The council shall provide ongoing advice to the Administrator with respect to rural entrepreneurship and make recommendations to foster rural entrepreneurs, including through the effective use of broadband technology.

.

XI

Assistance related to carbon emission tax

1101.

Assistance related to carbon emission tax

Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended—

(1)

in subparagraph (S), by striking the final “and”;

(2)

in subparagraph (T), by striking the period and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(U)

providing information and technical assistance to any small business owner that faces an increase in costs as a result of the enactment of any program to impose a tax on carbon emissions, either directly or through the operation of a cap and trade system on such emission limits.

.

Passed the House of Representatives May 20, 2009.

Lorraine C. Miller,

Clerk.