[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5297 Enrolled Bill (ENR)]
H.R.5297
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To create the Small Business Lending Fund Program to direct the
Secretary of the Treasury to make capital investments in eligible
institutions in order to increase the availability of credit for small
businesses, to amend the Internal Revenue Code of 1986 to provide tax
incentives for small business job creation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

c50bf5ced51ad4bf95a15cdaf4caa6dec378da39268731e9cf72c79dc6f68900

This Act may be cited as the ``Small Business Jobs Act of 2010''.

aae8ae5d96dd813d5a78480c7f34a31226db7a26f88c52725d2b724a00cef563

The table of contents for this Act is as follows:

3f9decdc7498325c7f33d0140642155ca7ac6de539b721a94926988ea6b8d3f7

Subtitle A--Small Business Access to Credit

f4b246f7d1d634d0d7f97c82b3ff88feae1e8dc61774cf5c043fd4b36de2c7b1

TITLE I

-SMALL BUSINESSES

PART I--Next Steps for Main Street Credit Availability

44f4f77efacb3ce040550cda703ace36d69f1695574adcf8f37a60f366e1c843

PART II--Small Business Access to Capital

5f0fc984bc36c0b1c97facd0e5e2729963a703d05e7c26de8db088bd6c57e577

cbdad64a5fc468157d122b3475d48d1415d94cafcc14fed08aad730a1b1852ca

fcfeb0a656ac393b42cc6166efdc70dde1a97fdaaaf1ba0d54460fe6a9dd4794

Subtitle B--Small Business Trade and Exporting

0e79cbf1d0a4fb7dcc9a5116c9b503380f7ba2ce91fa5918b25fa79039c8b66d

centers.
Subtitle C--Small Business Contracting
PART I--Contract Bundling

b7e3ef8d5b753070254137d3d568a99ac842d276669df8434ebbd84f8e9ab9b4

1472ef887e11de4b76fb0e1e484d9f0409b597b7a6460da0dbc21af360a31131

64fadbb28d3feec8b663572ef570d48a781b9536240b1807685b171b17b7a4ee

Program.
PART IV--Small Business Size and Status Integrity

4eb2b027aa4f40f3a4ed292d3a70774e82de135e4d72e92af0310f209bad5d45

Subtitle D--Small Business Management and Counseling Assistance

332b8967c06de378c7481a4c88e1ad159b96b07c333c4546f174a3f64d5c9f2d

fc1bb1c7d1b4a86aeabe5a7ec4d182756d6f264f45d66e73d6679dfd1bdf1e0e

Subtitle F--Small Business Regulatory Relief

6502d0c896d8b119770cd173d81d45fbb9cde550cb9249f5fc4189d8c75f66ff

c8a759c839819c0177b4fc83bdd84ab977c456f13efe5ee8003cd66a8736332e

e2acca8f37363044e9d9a2629c2fa0fea5752475579378cc99d71c66ecba3089

Subtitle A--Small Business Relief
PART I--Providing Access to Capital

1e7e3e4f4c3d5b4ed5464127430a01a088dd12a79502c1c223172baa7581d4d1

TITLE II

-TAX PROVISIONS

b016e8c8eae7e68c4371bcc692711a2c140c7a156d762298cee02fe744c4d0e3

65b78a85d104c7dba31ad484fb41b21926395b0ef29d24647dbb8ed18e43364c

56f07ed9c1720900660a735bcb75b8c239ae18ba0ec4634b9f5adea92ac7e09f

7b437067dc30a1050b3eaf93dabf9299184968b2562f4c81d186c8fac8a7d50c

real property treated as section 179 property.

17accacbe1d22440149df2b1d76d26e1b5c320b9a72d73630fe525fa9eaeab41

446ec75f37788625790170e113d1b951f3e60e38f7e4ea8d6fc3fa3d7160f6c2

1c05791d3e1ce8def79a225689d2cb2125cdf8390a00386c8ad21c7878e02cc9

129b93bfcf1716247e4d44b1a1a3f02f0183af30e1139d307939b185c0720b60

Representative to develop market access opportunities for
United States small- and medium-sized businesses and to
enforce trade agreements.
PART IV--Promoting Small Business Fairness

b238b1774c9ecb37b4ee5d71548a2d5e512d58ce3ede6f17f4cbe4fc6ca57abf

transactions based on resulting tax benefits.

cc8fbb92ec08bff191e943a4fd1093ada9f2eab21358d1ce624fa07bb930daa5

7329a47dd5a9dec768db1efffc2d45a51438446d863ba6223bf6279ba57bf90b

equipment from listed property.
Subtitle B--Revenue Provisions
PART I--Reducing the Tax Gap

b533246eccf2d2ff54d580d7221bff67e3848d92f67ee75f1363818022ff0372

5d29c0ad52fb24c4e4d9abf4af02ca19550c1b29322fde9f47df235f08e1cd6a

Federal contractors.
PART II--Promoting Retirement Preparation

0b6785d251a4a209ea1cbc6b879c6176524c5292e665a2104e24f201fc1e5581

elective deferrals as Roth contributions.

5cccf4d0edad169da95e626fd3d9cef708a05b038357e181bfd778aca0c026b0

f95e0d92bef372e4250243b9835fa0a9382bd8d5600d829e83790262c4dae313

contract.
PART III--Closing Unintended Loopholes

be29ed0fb1ef0cf9496546436a03505580a9778a439a3b13005fa85876d8e384

274690ff29358f2a53ef5606275bb093e987e3475e2aea998daaa1ee757ad3c2

PART IV--Time for Payment of Corporate Estimated Taxes

be72c2d8d128be68f984a9336ea93baaa54c0258f1f9440f55ff42dde682f42f

access and guarantee initiatives for small businesses and
manufacturers.

a2ad64919ab06fbf82f25b9efba79af9d442280e309495da9e43567387240adf

TITLE III

-STATE SMALL BUSINESS CREDIT INITIATIVE

758a08d870f455979b45b6fa1f65cddf233b2f0649c722a8c2b46ac4114e633f

91c404f1253ce0734cfc2deb41312223cfbc7aee4bda921b2ca96186934d1f0d

TITLE IV

-ADDITIONAL SMALL BUSINESS PROVISIONS

Subtitle B--Other Provisions
PART I--Small Business Export Promotion Initiatives

e916826c0061eec5b65814d10846e1c4a376a51e99e0d08f9bd4cc1fab22dd6f

671603706823cac29630af10068f013cc97b36d9e16fd37b9610324ba4b8d7d6

468506f67321a5141e25a1eed064f1f0be1c9c1c4b5739b6f5d876bf8f46c6cc

6ea1b1fa1b41b030d644034f7700810e7e146bce1e98627bda7bae15cd6e106a

be0d2e286ad345e242f47e853febf9d16e757836ece301a39cd97c3b4af1321a

b21e1505b41e7edb9a18e6e136083aed3488f62c22d648a8bbb8e8d4ec0db565

e03105f49804c0a49d074e6ef7da9ebee8abf5be5f2577de271d6dad57ad378d

to identify and prevent waste, fraud, and abuse in the
Medicare fee-for-service program.

d00a1c96027ce1fa31eeef2bb8e850e8d0ec57c5ebc751d76cd82023976208e2

In this title--
(1) the terms ``Administration'' and ``Administrator'' mean the
Small Business Administration and the Administrator thereof,
respectively; and
(2) the term ``small business concern'' has the meaning given
that term under section 3 of the Small Business Act (15 U.S.C.
632).
Subtitle A--Small Business Access to Credit

13f26b635a6f04182079d73e8038b8efd7123f443f97451ce73cd5acd637b8a8

This subtitle may be cited as the ``Small Business Job Creation and
Access to Capital Act of 2010''.
PART I--NEXT STEPS FOR MAIN STREET CREDIT AVAILABILITY

3cbc34edf90567518b0f5116909d18af8da0a7f80e3c0a06eb5238a8ccd50411

(a) Amendment.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (i), by striking ``75 percent'' and inserting
``90 percent''; and
(B) in clause (ii), by striking ``85 percent'' and
inserting ``90 percent''; and
(2) in paragraph (3)(A), by striking ``$1,500,000 (or if the
gross loan amount would exceed $2,000,000'' and inserting
``$4,500,000 (or if the gross loan amount would exceed
$5,000,000''.
(b) Prospective Repeal.--Effective January 1, 2011, section 7(a) of
the Small Business Act (15 U.S.C. 636(a)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (i), by striking ``90 percent'' and inserting
``75 percent''; and
(B) in clause (ii), by striking ``90 percent'' and
inserting ``85 percent''; and
(2) in paragraph (3)(A), by striking ``$4,500,000'' and
inserting ``$3,750,000''.

e33711c21cbed7afbf74f4bc16bf4ddf49130772c30721a000b3fed954222468

Section 502(2)(A) of the Small Business Investment Act of 1958 (15
U.S.C. 696(2)(A)) is amended--
(1) in clause (i), by striking ``$1,500,000'' and inserting
``$5,000,000'';
(2) in clause (ii), by striking ``$2,000,000'' and inserting
``$5,000,000'';
(3) in clause (iii), by striking ``$4,000,000'' and inserting
``$5,500,000'';
(4) in clause (iv), by striking ``$4,000,000'' and inserting
``$5,500,000''; and
(5) in clause (v), by striking ``$4,000,000'' and inserting
``$5,500,000''.

5dabd47b87f91998f4ae65f4b1af5530a0784116f6a6129c570bfaf0216355d5

Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is
amended--
(1) in paragraph (1)(B)(iii), by striking ``$35,000'' and
inserting ``$50,000'';
(2) in paragraph (3)--
(A) in subparagraph (C), by striking ``$3,500,000'' and
inserting ``$5,000,000''; and
(B) in subparagraph (E), by striking ``$35,000'' each place
that term appears and inserting ``$50,000''; and
(3) in paragraph (11)(B), by striking ``$35,000'' and inserting
``$50,000''.

7d1eaa911fea7510e3e4b5734efa3a6a71524e9eaf1278a998c54320a5796d45

(a) Fees.--Section 501 of the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5; 123 Stat. 151) is amended by striking
``September 30, 2010'' each place that term appears and inserting
``December 31, 2010''.
(b) Loan Guarantees.--Section 502(f) of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 153)
is amended by striking ``May 31, 2010'' and inserting ``December 31,
2010''.

d2c038ca584d43ea3a9ac67ab532434e46e0a2dbfc8c11d2cd4cf7a9182a1e9c

Section 355 of the Small Business Investment Act of 1958 (15 U.S.C.
689d) is amended by adding at the end the following:
``(e) Investment Limitations.--
``(1) Definition.--In this subsection, the term `covered New
Markets Venture Capital company' means a New Markets Venture
Capital company--
``(A) granted final approval by the Administrator under
section 354(e) on or after March 1, 2002; and
``(B) that has obtained a financing from the Administrator.
``(2) Limitation.--Except to the extent approved by the
Administrator, a covered New Markets Venture Capital company may
not acquire or issue commitments for securities under this title
for any single enterprise in an aggregate amount equal to more than
10 percent of the sum of--
``(A) the regulatory capital of the covered New Markets
Venture Capital company; and
``(B) the total amount of leverage projected in the
participation agreement of the covered New Markets Venture
Capital.''.

ce4f18ea5074604a3fa6ba49ef2b65668a8b57e9994c116f7e3146ce1083deeb

Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is
amended by adding at the end the following:
``(5) Alternative Size Standard.--
``(A) In general.--The Administrator shall establish an
alternative size standard for applicants for business loans under
section 7(a) and applicants for development company loans under
title V of the Small Business Investment Act of 1958 (15 U.S.C. 695
et seq.), that uses maximum tangible net worth and average net
income as an alternative to the use of industry standards.
``(B) Interim rule.--Until the date on which the alternative
size standard established under subparagraph (A) is in effect, an
applicant for a business loan under section 7(a) or an applicant
for a development company loan under title V of the Small Business
Investment Act of 1958 may be eligible for such a loan if--
``(i) the maximum tangible net worth of the applicant is
not more than $15,000,000; and
``(ii) the average net income after Federal income taxes
(excluding any carry-over losses) of the applicant for the 2
full fiscal years before the date of the application is not
more than $5,000,000.''.

9d2ecd683e8f415478b12052015adb523b7c5f009a08c2a97065dd7b0720c150

Section 5(g) of the Small Business Act (15 U.S.C. 634(g)) is
amended by adding at the end the following:
``(6) If the amount of the guaranteed portion of any loan under
section 7(a) is more than $500,000, the Administrator shall, upon
request of a pool assembler, divide the loan guarantee into increments
of $500,000 and 1 increment of any remaining amount less than $500,000,
in order to permit the maximum amount of any loan in a pool to be not
more than $500,000. Only 1 increment of any loan guarantee divided
under this paragraph may be included in the same pool. Increments of
loan guarantees to different borrowers that are divided under this
paragraph may be included in the same pool.''.

31a4ffe8c07f8278edcb5e6f9e16564efb53bfc9d7018cf254122cc9d352c2cb

It is the sense of Congress that the Administrator of the Small
Business Administration should establish a website that--
(1) lists each lender that makes loans guaranteed by the Small
Business Administration and provides information about the loan
rates of each such lender; and
(2) allows prospective borrowers to compare rates on loans
guaranteed by the Small Business Administration.

374405cc73c1dc50565621bf136b15e4d75fdbc268649981f5262860860c12fd

Section 503(f) of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 155) is amended
by striking ``on the date 2 years after the date of enactment of this
section'' and inserting ``2 years after the date of the first sale of a
pool of first lien position 504 loans guaranteed under this section to
a third-party investor''.
PART II--SMALL BUSINESS ACCESS TO CAPITAL

53a9615f06e1adf5f4339dd28e3106973b55da2046418094f9087bb2d41f95d8

BUSINESS LOAN PROGRAM.
(a) Refinancing.--Section 502(7) of the Small Business Investment
Act of 1958 (15 U.S.C. 696(7)) is amended by adding at the end the
following:
``(C) Refinancing not involving expansions.--
``(i) Definitions.--In this subparagraph--
``(I) the term `borrower' means a small business
concern that submits an application to a development
company for financing under this subparagraph;
``(II) the term `eligible fixed asset' means
tangible property relating to which the Administrator
may provide financing under this section; and
``(III) the term `qualified debt' means
indebtedness--
``(aa) that--
``(AA) was incurred not less than 2 years
before the date of the application for
assistance under this subparagraph;
``(BB) is a commercial loan;
``(CC) is not subject to a guarantee by a
Federal agency;
``(DD) the proceeds of which were used to
acquire an eligible fixed asset;
``(EE) was incurred for the benefit of the
small business concern; and
``(FF) is collateralized by eligible fixed
assets; and
``(bb) for which the borrower has been current
on all payments for not less than 1 year before the
date of the application.
``(ii) Authority.--A project that does not involve the
expansion of a small business concern may include the
refinancing of qualified debt if--
``(I) the amount of the financing is not more than
90 percent of the value of the collateral for the
financing, except that, if the appraised value of the
eligible fixed assets serving as collateral for the
financing is less than the amount equal to 125 percent
of the amount of the financing, the borrower may
provide additional cash or other collateral to
eliminate any deficiency;
``(II) the borrower has been in operation for all
of the 2-year period ending on the date of the loan;
and
``(III) for a financing for which the Administrator
determines there will be an additional cost
attributable to the refinancing of the qualified debt,
the borrower agrees to pay a fee in an amount equal to
the anticipated additional cost.
``(iii) Financing for business expenses.--
``(I) Financing for business expenses.--The
Administrator may provide financing to a borrower that
receives financing that includes a refinancing of
qualified debt under clause (ii), in addition to the
refinancing under clause (ii), to be used solely for
the payment of business expenses.
``(II) Application for financing.--An application
for financing under subclause (I) shall include--
``(aa) a specific description of the expenses
for which the additional financing is requested;
and
``(bb) an itemization of the amount of each
expense.
``(III) Condition on additional financing.--A
borrower may not use any part of the financing under
this clause for non-business purposes.
``(iv) Loans based on jobs.--
``(I) Job creation and retention goals.--
``(aa) In general.--The Administrator may
provide financing under this subparagraph for a
borrower that meets the job creation goals under
subsection (d) or (e) of section 501.
``(bb) Alternate job retention goal.--The
Administrator may provide financing under this
subparagraph to a borrower that does not meet the
goals described in item (aa) in an amount that is
not more than the product obtained by multiplying
the number of employees of the borrower by $65,000.
``(II) Number of employees.--For purposes of
subclause (I), the number of employees of a borrower is
equal to the sum of--
``(aa) the number of full-time employees of the
borrower on the date on which the borrower applies
for a loan under this subparagraph; and
``(bb) the product obtained by multiplying--
``(AA) the number of part-time employees of
the borrower on the date on which the borrower
applies for a loan under this subparagraph; by
``(BB) the quotient obtained by dividing
the average number of hours each part time
employee of the borrower works each week by 40.
``(v) Nondelegation.--Notwithstanding section 508(e),
the Administrator may not permit a premier certified lender
to approve or disapprove an application for assistance
under this subparagraph.
``(vi) Total amount of loans.--The Administrator may
provide not more than a total of $7,500,000,000 of
financing under this subparagraph for each fiscal year.''.
(b) Prospective Repeal.--Effective 2 years after the date of
enactment of this Act, section 502(7) of the Small Business Investment
Act of 1958 (15 U.S.C. 696(7)) is amended by striking subparagraph (C).
(c) Technical Correction.--Section 502(2)(A)(i) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(2)(A)(i)) is amended by
striking ``subparagraph (B) or (C)'' and inserting ``clause (ii),
(iii), (iv), or (v)''.
PART III--OTHER MATTERS

3539b49db016d8538c215fa6302c540c061cd3812f7a10d973e0d3152068d45e

(a) In General.--Section 7 of the Small Business Act (15 U.S.C.
636) is amended by striking subsection (l) and inserting the following:
``(l) Small Business Intermediary Lending Pilot Program.--
``(1) Definitions.--In this subsection--
``(A) the term `eligible intermediary'--
``(i) means a private, nonprofit entity that--
``(I) seeks or has been awarded a loan from the
Administrator to make loans to small business concerns
under this subsection; and
``(II) has not less than 1 year of experience
making loans to startup, newly established, or growing
small business concerns; and
``(ii) includes--
``(I) a private, nonprofit community development
corporation;
``(II) a consortium of private, nonprofit
organizations or nonprofit community development
corporations; and
``(III) an agency of or nonprofit entity
established by a Native American Tribal Government; and
``(B) the term `Program' means the small business
intermediary lending pilot program established under paragraph
(2).
``(2) Establishment.--There is established a 3-year small
business intermediary lending pilot program, under which the
Administrator may make direct loans to eligible intermediaries, for
the purpose of making loans to startup, newly established, and
growing small business concerns.
``(3) Purposes.--The purposes of the Program are--
``(A) to assist small business concerns in areas suffering
from a lack of credit due to poor economic conditions or
changes in the financial market; and
``(B) to establish a loan program under which the
Administrator may provide loans to eligible intermediaries to
enable the eligible intermediaries to provide loans to startup,
newly established, and growing small business concerns for
working capital, real estate, or the acquisition of materials,
supplies, or equipment.
``(4) Loans to eligible intermediaries.--
``(A) Application.--Each eligible intermediary desiring a
loan under this subsection shall submit an application to the
Administrator that describes--
``(i) the type of small business concerns to be
assisted;
``(ii) the size and range of loans to be made;
``(iii) the interest rate and terms of loans to be
made;
``(iv) the geographic area to be served and the
economic, poverty, and unemployment characteristics of the
area;
``(v) the status of small business concerns in the area
to be served and an analysis of the availability of credit;
and
``(vi) the qualifications of the applicant to carry out
this subsection.
``(B) Loan limits.--No loan may be made to an eligible
intermediary under this subsection if the total amount
outstanding and committed to the eligible intermediary by the
Administrator would, as a result of such loan, exceed
$1,000,000 during the participation of the eligible
intermediary in the Program.
``(C) Loan duration.--Loans made by the Administrator under
this subsection shall be for a term of 20 years.
``(D) Applicable interest rates.--Loans made by the
Administrator to an eligible intermediary under the Program
shall bear an annual interest rate equal to 1.00 percent.
``(E) Fees; collateral.--The Administrator may not charge
any fees or require collateral with respect to any loan made to
an eligible intermediary under this subsection.
``(F) Delayed payments.--The Administrator shall not
require the repayment of principal or interest on a loan made
to an eligible intermediary under the Program during the 2-year
period beginning on the date of the initial disbursement of
funds under that loan.
``(G) Maximum participants and amounts.--During each of
fiscal years 2011, 2012, and 2013, the Administrator may make
loans under the Program--
``(i) to not more than 20 eligible intermediaries; and
``(ii) in a total amount of not more than $20,000,000.
``(5) Loans to small business concerns.--
``(A) In general.--The Administrator, through an eligible
intermediary, shall make loans to startup, newly established,
and growing small business concerns for working capital, real
estate, and the acquisition of materials, supplies, furniture,
fixtures, and equipment.
``(B) Maximum loan.--An eligible intermediary may not make
a loan under this subsection of more than $200,000 to any 1
small business concern.
``(C) Applicable interest rates.--A loan made by an
eligible intermediary to a small business concern under this
subsection, may have a fixed or a variable interest rate, and
shall bear an interest rate specified by the eligible
intermediary in the application of the eligible intermediary
for a loan under this subsection.
``(D) Review restrictions.--The Administrator may not
review individual loans made by an eligible intermediary to a
small business concern before approval of the loan by the
eligible intermediary.
``(6) Termination.--The authority of the Administrator to make
loans under the Program shall terminate 3 years after the date of
enactment of the Small Business Job Creation and Access to Capital
Act of 2010.''.
(b) Rulemaking Authority.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall issue regulations to
carry out section 7(l) of the Small Business Act, as amended by
subsection (a).
(c) Availability of Funds.--Any amounts provided to the
Administrator for the purposes of carrying out section 7(l) of the
Small Business Act, as amended by subsection (a), shall remain
available until expended.

5ad02e4564c3f2358ee760ef4b6b1df17356df649e8f97129a1b57129aab993b

Section 501(d)(3) of the Small Business Investment Act of 1958 (15
U.S.C. 695(d)(3)) is amended--
(1) in subparagraph (J), by striking ``or'' at the end;
(2) in subparagraph (K), by striking the period at the end and
inserting ``, or''; and
(3) by adding at the end the following:
``(L) reduction of rates of unemployment in labor surplus
areas, as such areas are determined by the Secretary of
Labor.''.

3f542db49ca5d3ee7eb55ac7727c98a0ae898ec23cc6fcd25bd3f11d7584cab2

(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended--
(1) by redesignating paragraph (32), relating to increased
veteran participation, as added by section 208 of the Military
Reservist and Veteran Small Business Reauthorization and
Opportunity Act of 2008 (Public Law 110-186; 122 Stat. 631), as
paragraph (33); and
(2) by adding at the end the following:
``(34) Floor plan financing program.--
``(A) Definition.--In this paragraph, the term `eligible
retail good'--
``(i) means a good for which a title may be obtained
under State law; and
``(ii) includes an automobile, recreational vehicle,
boat, and manufactured home.
``(B) Program.--The Administrator may guarantee the timely
payment of an open-end extension of credit to a small business
concern, the proceeds of which may be used for the purchase of
eligible retail goods for resale.
``(C) Amount.--An open-end extension of credit guaranteed
under this paragraph shall be in an amount not less than
$500,000 and not more than $5,000,000.
``(D) Term.--An open-end extension of credit guaranteed
under this paragraph shall have a term of not more than 5
years.
``(E) Guarantee percentage.--The Administrator may
guarantee--
``(i) not less than 60 percent of an open-end extension
of credit under this paragraph; and
``(ii) not more than 75 percent of an open-end
extension of credit under this paragraph.
``(F) Advance rate.--The lender for an open-end extension
of credit guaranteed under this paragraph may allow the
borrower to draw funds on the line of credit in an amount equal
to not more than 100 percent of the value of the eligible
retail goods to be purchased.''.
(b) Sunset.--Effective September 30, 2013, section 7(a) of the
Small Business Act (15 U.S.C. 636(a)) is amended--
(1) by striking paragraph (34); and
(2) by redesignating paragraph (35), as added by section 1206
of this Act, as paragraph (34).

ca21c1989efb8f572b9ec5cf73ad420a7f661c861f63fdbd75f71965340c35c4

ECONOMIC DEVELOPMENT PURPOSES.
The Riegle Community Development and Regulatory Improvement Act of
1994 (12 U.S.C. 4701 et seq.) is amended by inserting after section 114
(12 U.S.C. 4713) the following:
``SEC. 114A. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR
ECONOMIC DEVELOPMENT PURPOSES.
``(a) Definitions.--In this section, the following definitions
shall apply:
``(1) Eligible community development financial institution.--
The term `eligible community development financial institution'
means a community development financial institution (as described
in section 1805.201 of title 12, Code of Federal Regulations, or
any successor thereto) certified by the Secretary that has applied
to a qualified issuer for, or been granted by a qualified issuer, a
loan under the Program.
``(2) Eligible community or economic development purpose.--The
term `eligible community or economic development purpose'--
``(A) means any purpose described in section 108(b); and
``(B) includes the provision of community or economic
development in low-income or underserved rural areas.
``(3) Guarantee.--The term `guarantee' means a written
agreement between the Secretary and a qualified issuer (or
trustee), pursuant to which the Secretary ensures repayment of the
verifiable losses of principal, interest, and call premium, if any,
on notes or bonds issued by a qualified issuer to finance or
refinance loans to eligible community development financial
institutions.
``(4) Loan.--The term `loan' means any credit instrument that
is extended under the Program for any eligible community or
economic development purpose.
``(5) Master servicer.--
``(A) In general.--The term `master servicer' means any
entity approved by the Secretary in accordance with
subparagraph (B) to oversee the activities of servicers, as
provided in subsection (f)(4).
``(B) Approval criteria for master servicers.--The
Secretary shall approve or deny any application to become a
master servicer under the Program not later than 90 days after
the date on which all required information is submitted to the
Secretary, based on the capacity and experience of the
applicant in--
``(i) loan administration, servicing, and loan
monitoring;
``(ii) managing regional or national loan intake,
processing, or servicing operational systems and
infrastructure;
``(iii) managing regional or national originator
communication systems and infrastructure;
``(iv) developing and implementing training and other
risk management strategies on a regional or national basis;
and
``(v) compliance monitoring, investor relations, and
reporting.
``(6) Program.--The term `Program' means the guarantee Program
for bonds and notes issued for eligible community or economic
development purposes established under this section.
``(7) Program administrator.--The term `Program administrator'
means an entity designated by the issuer to perform administrative
duties, as provided in subsection (f)(2).
``(8) Qualified issuer.--
``(A) In general.--The term `qualified issuer' means a
community development financial institution (or any entity
designated to issue notes or bonds on behalf of such community
development financial institution) that meets the qualification
requirements of this paragraph.
``(B) Approval criteria for qualified issuers.--
``(i) In general.--The Secretary shall approve a
qualified issuer for a guarantee under the Program in
accordance with the requirements of this paragraph, and
such additional requirements as the Secretary may
establish, by regulation.
``(ii) Terms and qualifications.--A qualified issuer
shall--
``(I) have appropriate expertise, capacity, and
experience, or otherwise be qualified to make loans for
eligible community or economic development purposes;
``(II) provide to the Secretary--
``(aa) an acceptable statement of the proposed
sources and uses of the funds; and
``(bb) a capital distribution plan that meets
the requirements of subsection (c)(1); and
``(III) certify to the Secretary that the bonds or
notes to be guaranteed are to be used for eligible
community or economic development purposes.
``(C) Department opinion; timing.--
``(i) Department opinion.--Not later than 30 days after
the date of a request by a qualified issuer for approval of
a guarantee under the Program, the Secretary shall provide
an opinion regarding compliance by the issuer with the
requirements of the Program under this section.
``(ii) Timing.--The Secretary shall approve or deny a
guarantee under this section after consideration of the
opinion provided to the Secretary under clause (i), and in
no case later than 90 days after receipt of all required
information by the Secretary with respect to a request for
such guarantee.
``(9) Secretary.--The term `Secretary' means the Secretary of
the Treasury.
``(10) Servicer.--The term `servicer' means an entity
designated by the issuer to perform various servicing duties, as
provided in subsection (f)(3).
``(b) Guarantees Authorized.--The Secretary shall guarantee
payments on bonds or notes issued by any qualified issuer, if the
proceeds of the bonds or notes are used in accordance with this section
to make loans to eligible community development financial
institutions--
``(1) for eligible community or economic development purposes;
or
``(2) to refinance loans or notes issued for such purposes.
``(c) General Program Requirements.--
``(1) In general.--A capital distribution plan meets the
requirements of this subsection, if not less than 90 percent of the
principal amount of guaranteed bonds or notes (other than costs of
issuance fees) are used to make loans for any eligible community or
economic development purpose, measured annually, beginning at the
end of the 1-year period beginning on the issuance date of such
guaranteed bonds or notes.
``(2) Relending account.--Not more than 10 percent of the
principal amount of guaranteed bonds or notes, multiplied by an
amount equal to the outstanding principal balance of issued notes
or bonds, minus the risk-share pool amount under subsection (d),
may be held in a relending account and may be made available for
new eligible community or economic development purposes.
``(3) Limitations on unpaid principal balances.--The proceeds
of guaranteed bonds or notes under the Program may not be used to
pay fees (other than costs of issuance fees), and shall be held
in--
``(A) community or economic development loans;
``(B) a relending account, to the extent authorized under
paragraph (2); or
``(C) a risk-share pool established under subsection (d).
``(4) Repayment.--If a qualified issuer fails to meet the
requirements of paragraph (1) by the end of the 90-day period
beginning at the end of the annual measurement period, repayment
shall be made on that portion of bonds or notes necessary to bring
the bonds or notes that remain outstanding after such repayment
into compliance with the 90 percent requirement of paragraph (1).
``(5) Prohibited uses.--The Secretary shall, by regulation--
``(A) prohibit, as appropriate, certain uses of amounts
from the guarantee of a bond or note under the Program,
including the use of such funds for political activities,
lobbying, outreach, counseling services, or travel expenses;
and
``(B) provide that the guarantee of a bond or note under
the Program may not be used for salaries or other
administrative costs of--
``(i) the qualified issuer; or
``(ii) any recipient of amounts from the guarantee of a
bond or note.
``(d) Risk-Share Pool.--Each qualified issuer shall, during the
term of a guarantee provided under the Program, establish a risk-share
pool, capitalized by contributions from eligible community development
financial institution participants an amount equal to 3 percent of the
guaranteed amount outstanding on the subject notes and bonds.
``(e) Guarantees.--
``(1) In general.--A guarantee issued under the Program shall--
``(A) be for the full amount of a bond or note, including
the amount of principal, interest, and call premiums;
``(B) be fully assignable and transferable to the capital
market, on terms and conditions that are consistent with
comparable Government-guaranteed bonds, and satisfactory to the
Secretary;
``(C) represent the full faith and credit of the United
States; and
``(D) not exceed 30 years.
``(2) Limitations.--
``(A) Annual number of guarantees.--The Secretary shall
issue not more than 10 guarantees in any calendar year under
the Program.
``(B) Guarantee amount.--The Secretary may not guarantee
any amount under the Program equal to less than $100,000,000,
but the total of all such guarantees in any fiscal year may not
exceed $1,000,000,000.
``(f) Servicing of Transactions.--
``(1) In general.--To maximize efficiencies and minimize cost
and interest rates, loans made under this section may be serviced
by qualified Program administrators, bond servicers, and a master
servicer.
``(2) Duties of program administrator.--The duties of a Program
administrator shall include--
``(A) approving and qualifying eligible community
development financial institution applications for
participation in the Program;
``(B) compliance monitoring;
``(C) bond packaging in connection with the Program; and
``(D) all other duties and related services that are
customarily expected of a Program administrator.
``(3) Duties of servicer.--The duties of a servicer shall
include--
``(A) billing and collecting loan payments;
``(B) initiating collection activities on past-due loans;
``(C) transferring loan payments to the master servicing
accounts;
``(D) loan administration and servicing;
``(E) systematic and timely reporting of loan performance
through remittance and servicing reports;
``(F) proper measurement of annual outstanding loan
requirements; and
``(G) all other duties and related services that are
customarily expected of servicers.
``(4) Duties of master servicer.--The duties of a master
servicer shall include--
``(A) tracking the movement of funds between the accounts
of the master servicer and any other servicer;
``(B) ensuring orderly receipt of the monthly remittance
and servicing reports of the servicer;
``(C) monitoring the collection comments and foreclosure
actions;
``(D) aggregating the reporting and distribution of funds
to trustees and investors;
``(E) removing and replacing a servicer, as necessary;
``(F) loan administration and servicing;
``(G) systematic and timely reporting of loan performance
compiled from all bond servicers' reports;
``(H) proper distribution of funds to investors; and
``(I) all other duties and related services that are
customarily expected of a master servicer.
``(g) Fees.--
``(1) In general.--A qualified issuer that receives a guarantee
issued under this section on a bond or note shall pay a fee to the
Secretary, in an amount equal to 10 basis points of the amount of
the unpaid principal of the bond or note guaranteed.
``(2) Payment.--A qualified issuer shall pay the fee required
under this subsection on an annual basis.
``(3) Use of fees.--Fees collected by the Secretary under this
subsection shall be used to reimburse the Department of the
Treasury for any administrative costs incurred by the Department in
implementing the Program established under this section.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to
the Secretary, such sums as are necessary to carry out this
section.
``(2) Use of fees.--To the extent that the amount of funds
appropriated for a fiscal year under paragraph (1) are not
sufficient to carry out this section, the Secretary may use the
fees collected under subsection (g) for the cost of providing
guarantees of bonds and notes under this section.
``(i) Investment in Guaranteed Bonds Ineligible for Community
Reinvestment Act Purposes.--Notwithstanding any other provision of law,
any investment by a financial institution in bonds or notes guaranteed
under the Program shall not be taken into account in assessing the
record of such institution for purposes of the Community Reinvestment
Act of 1977 (12 U.S.C. 2901).
``(j) Administration.--
``(1) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall promulgate
regulations to carry out this section.
``(2) Implementation.--Not later than 2 years after the date of
enactment of this section, the Secretary shall implement this
section.
``(k) Termination.--This section is repealed, and the authority
provided under this section shall terminate, on September 30, 2014.''.

8681f8499e697776b3517023c8db01c2fa9cd5b68a3891239abdc13b5bebea34

(a) In General.--Section 7(a)(31)(D) of the Small Business Act (15
U.S.C. 636(a)(31)(D)) is amended by striking ``$350,000'' and inserting
``$1,000,000''.
(b) Prospective Repeal.--Effective 1 year after the date of
enactment of this Act, section 7(a)(31)(D) of the Small Business Act
(15 U.S.C. 636(a)(31)(D)) is amended by striking ``$1,000,000'' and
inserting ``$350,000''.

c0577e1554bb2dbbd7aab1af09b56752b48968e356ea39ea63ca2aab6225c463

(a) In General.--Except as provided in subsection (b), nothing in
section 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1122, or 1131,
or an amendment made by such sections, shall be construed to limit the
ability of Congress to appropriate funds.
(b) TARP Funds and Tax Increases.--
(1) In general.--Any covered amounts may not be used to carry
out section 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1122,
or 1131, or an amendment made by such sections.
(2) Definition.--In this subsection, the term ``covered
amounts'' means--
(A) the amounts made available to the Secretary of the
Treasury under title I of the Emergency Economic Stabilization
Act of 2008 S.C. 5201 et seq.) to purchase (under section 101)
or guarantee (under section 102) assets under that Act; and
(B) any revenue increase attributable to any amendment to
the Internal Revenue Code of 1986 made during the period
beginning on the date of enactment of this Act and ending on
December 31, 2010.
Subtitle B--Small Business Trade and Exporting

f7fe7f74d9cf968ead8069d334bd7557023bd35764f2d5a0f990c16b5d31860e

This subtitle may be cited as the ``Small Business Export
Enhancement and International Trade Act of 2010''.

19b0066f45847f34b73758bc6044eb7fa25253b4dcdf21bf7c91d9b114b4e942

(a) Definitions.--In this subtitle--
(1) the term ``Associate Administrator'' means the Associate
Administrator for International Trade appointed under section
22(a)(2) of the Small Business Act, as amended by this subtitle;
(2) the term ``Export Assistance Center'' means a one-stop shop
referred to in section 2301(b)(8) of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8)); and
(3) the term ``rural small business concern'' means a small
business concern located in a rural area, as that term is defined
in section 1393(a)(2) of the Internal Revenue Code of 1986.
(b) Technical and Conforming Amendments.--
(1) Definitions.--Section 3 of the Small Business Act (15
U.S.C. 632) is amended by adding at the end the following:
``(t) Small Business Development Center.--In this Act, the term
`small business development center' means a small business development
center described in section 21.
``(u) Region of the Administration.--In this Act, the term `region
of the Administration' means the geographic area served by a regional
office of the Administration established under section 4(a).''.
(2) Conforming amendment.--Section 4(b)(3)(B)(x) of the Small
Business Act (15 U.S.C. 633(b)(3)(B)(x)) is amended by striking
``Administration district and region'' and inserting ``district and
region of the Administration''.

9d13d25f52d8d8f83650c6bbad97fdbe6014d0beee23045b2ad42b7ac55e8db1

(a) Establishment.--Section 22 of the Small Business Act (15 U.S.C.
649) is amended--
(1) by striking ``Sec. 22. (a) There'' and inserting the
following:
``SEC. 22. OFFICE OF INTERNATIONAL TRADE.
``(a) Establishment.--
``(1) Office.--There''; and
(2) in subsection (a)--
(A) in paragraph (1), as so designated, by striking the
period and inserting ``for the primary purposes of increasing--
``(A) the number of small business concerns that export;
and
``(B) the volume of exports by small business concerns.'';
and
(B) by adding at the end the following:
``(2) Associate administrator.--The head of the Office shall be
the Associate Administrator for International Trade, who shall be
responsible to the Administrator.''.
(b) Authority for Additional Associate Administrator.--Section
4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended--
(1) in the fifth sentence, by striking ``five Associate
Administrators'' and inserting ``Associate Administrators''; and
(2) by adding at the end the following: ``One such Associate
Administrator shall be the Associate Administrator for
International Trade, who shall be the head of the Office of
International Trade established under section 22.''.
(c) Discharge of International Trade Responsibilities of
Administration.--Section 22 of the Small Business Act (15 U.S.C. 649)
is amended by adding at the end the following:
``(h) Discharge of International Trade Responsibilities of
Administration.--The Administrator shall ensure that--
``(1) the responsibilities of the Administration regarding
international trade are carried out by the Associate Administrator;
``(2) the Associate Administrator has sufficient resources to
carry out such responsibilities; and
``(3) the Associate Administrator has direct supervision and
control over--
``(A) the staff of the Office; and
``(B) any employee of the Administration whose principal
duty station is an Export Assistance Center, or any successor
entity.''.
(d) Role of Associate Administrator in Carrying Out International
Trade Policy.--Section 2(b)(1) of the Small Business Act (15 U.S.C.
631(b)(1)) is amended in the matter preceding subparagraph (A)--
(1) by inserting ``the Administrator of'' before ``the Small
Business Administration''; and
(2) by inserting ``through the Associate Administrator for
International Trade, and'' before ``in cooperation with''.
(e) Implementation Date.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall appoint an Associate Administrator for
International Trade under section 22(a) of the Small Business Act (15
U.S.C. 649(a)), as added by this section.

7458d0202ea3a0df251e97ea64d851d2dfedebf8cc7e280aaedcd80cc39f9ac2

(a) Amendments to Section 22.--Section 22 of the Small Business Act
(15 U.S.C. 649) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Trade Distribution Network.--The Associate Administrator,
working in close cooperation with the Secretary of Commerce, the United
States Trade Representative, the Secretary of Agriculture, the
Secretary of State, the President of the Export-Import Bank of the
United States, the President of the Overseas Private Investment
Corporation, Director of the United States Trade and Development
Agency, and other relevant Federal agencies, small business development
centers engaged in export promotion efforts, Export Assistance Centers,
regional and district offices of the Administration, the small business
community, and relevant State and local export promotion programs,
shall--
``(1) maintain a distribution network, using regional and
district offices of the Administration, the small business
development center network, networks of women's business centers,
the Service Corps of Retired Executives authorized by section
8(b)(1), and Export Assistance Centers, for programs relating to--
``(A) trade promotion;
``(B) trade finance;
``(C) trade adjustment assistance;
``(D) trade remedy assistance; and
``(E) trade data collection;
``(2) aggressively market the programs described in paragraph
(1) and disseminate information, including computerized marketing
data, to small business concerns on exporting trends, market-
specific growth, industry trends, and international prospects for
exports;
``(3) promote export assistance programs through the district
and regional offices of the Administration, the small business
development center network, Export Assistance Centers, the network
of women's business centers, chapters of the Service Corps of
Retired Executives, State and local export promotion programs, and
partners in the private sector; and
``(4) give preference in hiring or approving the transfer of
any employee into the Office or to a position described in
subsection (c)(9) to otherwise qualified applicants who are fluent
in a language in addition to English, to--
``(A) accompany small business concerns on foreign trade
missions; and
``(B) translate documents, interpret conversations, and
facilitate multilingual transactions, including by providing
referral lists for translation services, if required.'';
(2) in subsection (c)--
(A) by striking ``(c) The Office'' and inserting the
following:
``(c) Promotion of Sales Opportunities.--The Associate
Administrator'';
(B) by redesignating paragraphs (1) through (8) as
paragraphs (2) through (9), respectively;
(C) by inserting before paragraph (2), as so redesignated,
the following:
``(1) establish annual goals for the Office relating to--
``(A) enhancing the exporting capability of small business
concerns and small manufacturers;
``(B) facilitating technology transfers;
``(C) enhancing programs and services to assist small
business concerns and small manufacturers to compete
effectively and efficiently in foreign markets;
``(D) increasing the ability of small business concerns to
access capital; and
``(E) disseminating information concerning Federal, State,
and private programs and initiatives;'';
(D) in paragraph (2), as so redesignated, by striking
``mechanism for'' and all that follows through ``(D)
assisting'' and inserting the following: ``mechanism for--
``(A) identifying subsectors of the small business
community with strong export potential;
``(B) identifying areas of demand in foreign markets;
``(C) prescreening foreign buyers for commercial and credit
purposes; and
``(D) assisting'';
(E) in paragraph (3), as so redesignated, by striking
``assist small businesses in the formation and utilization of''
and inserting ``assist small business concerns in forming and
using'';
(F) in paragraph (4), as so redesignated--
(i) by striking ``local'' and inserting ``district'';
(ii) by striking ``existing'';
(iii) by striking ``Small Business Development Center
network'' and inserting ``small business development center
network''; and
(iv) by striking ``Small Business Development Center
Program'' and inserting ``small business development center
program'';
(G) in paragraph (5), as so redesignated--
(i) in subparagraph (A), by striking ``Gross State
Produce'' and inserting ``Gross State Product'';
(ii) in subparagraph (B), by striking ``SIC'' each
place it appears and inserting ``North American Industry
Classification System''; and
(iii) in subparagraph (C), by striking ``small
businesses'' and inserting ``small business concerns'';
(H) in paragraph (6), as so redesignated, by striking the
period at the end and inserting a semicolon;
(I) in paragraph (7), as so redesignated--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``concerns'' after ``small
business''; and
(II) by striking ``current'' and inserting ``up to
date'';
(ii) in subparagraph (A), by striking
``Administration's regional offices'' and inserting
``regional and district offices of the Administration'';
(iii) in subparagraph (B) by striking ``current'';
(iv) in subparagraph (C), by striking ``current''; and
(v) by striking ``small businesses'' each place that
term appears and inserting ``small business concerns'';
(J) in paragraph (8), as so redesignated, by striking and
at the end;
(K) in paragraph (9), as so redesignated--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``full-time export development
specialists to each Administration regional office and
assigning''; and
(II) by striking ``person in each district office.
Such specialists'' and inserting ``individual in each
district office and providing each Administration
regional office with a full-time export development
specialist, who'';
(ii) in subparagraph (B)--
(I) by striking ``current''; and
(II) by striking ``with'' and inserting ``in'';
(iii) in subparagraph (D)--
(I) by striking ``Administration personnel involved
in granting'' and inserting ``personnel of the
Administration involved in making''; and
(II) by striking ``and'' at the end;
(iv) in subparagraph (E)--
(I) by striking ``small businesses' needs'' and
inserting ``the needs of small business concerns''; and
(II) by striking the period at the end and
inserting a semicolon;
(v) by adding at the end the following:
``(F) participate, jointly with employees of the Office, in
an annual training program that focuses on current small
business needs for exporting; and
``(G) develop and conduct training programs for exporters
and lenders, in cooperation with the Export Assistance Centers,
the Department of Commerce, the Department of Agriculture,
small business development centers, women's business centers,
the Export-Import Bank of the United States, the Overseas
Private Investment Corporation, and other relevant Federal
agencies;''; and
(vi) by striking ``small businesses'' each place that
term appears and inserting ``small business concerns''; and
(L) by adding at the end the following:
``(10) make available on the website of the Administration the
name and contact information of each individual described in
paragraph (9);
``(11) carry out a nationwide marketing effort using
technology, online resources, training, and other strategies to
promote exporting as a business development opportunity for small
business concerns;
``(12) disseminate information to the small business community
through regional and district offices of the Administration, the
small business development center network, Export Assistance
Centers, the network of women's business centers, chapters of the
Service Corps of Retired Executives authorized by section 8(b)(1),
State and local export promotion programs, and partners in the
private sector regarding exporting trends, market-specific growth,
industry trends, and prospects for exporting; and
``(13) establish and carry out training programs for the staff
of the regional and district offices of the Administration and
resource partners of the Administration on export promotion and
providing assistance relating to exports.'';
(3) in subsection (d)--
(A) by redesignating paragraphs (1) through (5) as clauses
(i) through (v), respectively, and adjusting the margins
accordingly;
(B) by striking ``(d) The Office'' and inserting the
following:
``(d) Export Financing Programs.--
``(1) In general.--The Associate Administrator''; and
(C) by striking ``To accomplish this goal, the Office shall
work'' and inserting the following:
``(2) Trade finance specialist.--To accomplish the goal
established under paragraph (1), the Associate Administrator
shall--
``(A) designate at least 1 individual within the
Administration as a trade finance specialist to oversee
international loan programs and assist Administration employees
with trade finance issues; and
``(B) work'';
(4) in subsection (e), by striking ``(e) The Office'' and
inserting the following:
``(e) Trade Remedies.--The Associate Administrator'';
(5) by amending subsection (f) to read as follows:
``(f) Reporting Requirement.--The Associate Administrator shall
submit an annual report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of
the House of Representatives that contains--
``(1) a description of the progress of the Office in
implementing the requirements of this section;
``(2) a detailed account of the results of export growth
activities of the Administration, including the activities of each
district and regional office of the Administration, based on the
performance measures described in subsection (i);
``(3) an estimate of the total number of jobs created or
retained as a result of export assistance provided by the
Administration and resource partners of the Administration;
``(4) for any travel by the staff of the Office, the
destination of such travel and the benefits to the Administration
and to small business concerns resulting from such travel; and
``(5) a description of the participation by the Office in trade
negotiations.'';
(6) in subsection (g), by striking ``(g) The Office'' and
inserting the following:
``(g) Studies.--The Associate Administrator''; and
(7) by adding after subsection (h), as added by section 1203 of
this subtitle, the following:
``(i) Export and Trade Counseling.--
``(1) Definition.--In this subsection--
``(A) the term `lead small business development center'
means a small business development center that has received a
grant from the Administration; and
``(B) the term `lead women's business center' means a
women's business center that has received a grant from the
Administration.
``(2) Certification program.--The Administrator shall establish
an export and trade counseling certification program to certify
employees of lead small business development centers and lead
women's business centers in providing export assistance to small
business concerns.
``(3) Number of certified employees.--The Administrator shall
ensure that the number of employees of each lead small business
development center who are certified in providing export assistance
is not less than the lesser of--
``(A) 5; or
``(B) 10 percent of the total number of employees of the
lead small business development center.
``(4) Reimbursement for certification.--
``(A) In general.--Subject to the availability of
appropriations, the Administrator shall reimburse a lead small
business development center or a lead women's business center
for costs relating to the certification of an employee of the
lead small business center or lead women's business center in
providing export assistance under the program established under
paragraph (2).
``(B) Limitation.--The total amount reimbursed by the
Administrator under subparagraph (A) may not exceed $350,000 in
any fiscal year.
``(j) Performance Measures.--
``(1) In general.--The Associate Administrator shall develop
performance measures for the Administration to support export
growth goals for the activities of the Office under this section
that include--
``(A) the number of small business concerns that--
``(i) receive assistance from the Administration;
``(ii) had not exported goods or services before
receiving the assistance described in clause (i); and
``(iii) export goods or services;
``(B) the number of small business concerns receiving
assistance from the Administration that export goods or
services to a market outside the United States into which the
small business concern did not export before receiving the
assistance;
``(C) export revenues by small business concerns assisted
by programs of the Administration;
``(D) the number of small business concerns referred to an
Export Assistance Center or a small business development center
by the staff of the Office;
``(E) the number of small business concerns referred to the
Administration by an Export Assistance Center or a small
business development center; and
``(F) the number of small business concerns referred to the
Department of Commerce, the Department of Agriculture, the
Department of State, the Export-Import Bank of the United
States, the Overseas Private Investment Corporation, or the
United States Trade and Development Agency by the staff of the
Office, an Export Assistance Center, or a small business
development center.
``(2) Joint performance measures.--The Associate Administrator
shall develop joint performance measures for the district offices
of the Administration and the Export Assistance Centers that
include the number of export loans made under--
``(A) section 7(a)(16);
``(B) the Export Working Capital Program established under
section 7(a)(14);
``(C) the Preferred Lenders Program, as defined in section
7(a)(2)(C)(ii); and
``(D) the export express program established under section
7(a)(34).
``(3) Consistency of tracking.--The Associate Administrator, in
coordination with the departments and agencies that are represented
on the Trade Promotion Coordinating Committee established under
section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
and the small business development center network, shall develop a
system to track exports by small business concerns, including
information relating to the performance measures developed under
paragraph (1), that is consistent with systems used by the
departments and agencies and the network.''.
(b) Report.--Not later than 60 days after the date of enactment of
this Act, the Administrator shall submit a report to the Committee on
Small Business and Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives on any travel by the
staff of the Office of International Trade of the Administration,
during the period beginning on October 1, 2004, and ending on the date
of enactment of the Act, including the destination of such travel and
the benefits to the Administration and to small business concerns
resulting from such travel.

98d1ccaa8c32b2a496dd64d9a3fbb00f0774dd00f8fe33e0133334174828ef97

(a) Export Assistance Centers.--Section 22 of the Small Business
Act (15 U.S.C. 649), as amended by this subtitle, is amended by adding
at the end the following:
``(k) Export Assistance Centers.--
``(1) Export finance specialists.--
``(A) Minimum number of export finance specialists.--On and
after the date that is 90 days after the date of enactment of
this subsection, the Administrator, in coordination with the
Secretary of Commerce, shall ensure that the number of export
finance specialists is not less than the number of such
employees so assigned on January 1, 2003.
``(B) Export finance specialists assigned to each region of
the administration.--On and after the date that is 2 years
after the date of enactment of this subsection, the
Administrator, in coordination with the Secretary of Commerce,
shall ensure that there are not fewer than 3 export finance
specialists in each region of the Administration.
``(2) Placement of export finance specialists.--
``(A) Priority.--The Administrator shall give priority, to
the maximum extent practicable, to placing employees of the
Administration at any Export Assistance Center that--
``(i) had an Administration employee assigned to the
Export Assistance Center before January 2003; and
``(ii) has not had an Administration employee assigned
to the Export Assistance Center during the period beginning
January 2003, and ending on the date of enactment of this
subsection, either through retirement or reassignment.
``(B) Needs of exporters.--The Administrator shall, to the
maximum extent practicable, strategically assign Administration
employees to Export Assistance Centers, based on the needs of
exporters.
``(C) Rule of construction.--Nothing in this subsection may
be construed to require the Administrator to reassign or remove
an export finance specialist who is assigned to an Export
Assistance Center on the date of enactment of this subsection.
``(3) Goals.--The Associate Administrator shall work with the
Department of Commerce, the Export-Import Bank of the United
States, and the Overseas Private Investment Corporation to
establish shared annual goals for the Export Assistance Centers.
``(4) Oversight.--The Associate Administrator shall designate
an individual within the Administration to oversee all activities
conducted by Administration employees assigned to Export Assistance
Centers.
``(l) Definitions.--In this section--
``(1) the term `Associate Administrator' means the Associate
Administrator for International Trade described in subsection
(a)(2);
``(2) the term `Export Assistance Center' means a one-stop shop
for United States exporters established by the United States and
Foreign Commercial Service of the Department of Commerce pursuant
to section 2301(b)(8) of the Omnibus Trade and Competitiveness Act
of 1988 (15 U.S.C. 4721(b)(8));
``(3) the term `export finance specialist' means a full-time
equivalent employee of the Office assigned to an Export Assistance
Center to carry out the duties described in subsection (e); and
``(4) the term `Office' means the Office of International Trade
established under subsection (a)(1).''.
(b) Study and Report on Filling Gaps in High-and-Low-Export Volume
Areas.--
(1) Study and report.--Not later than 6 months after the date
of enactment of this Act, and every 2 years thereafter, the
Administrator shall--
(A) conduct a study of--
(i) the volume of exports for each State;
(ii) the availability of export finance specialists in
each State;
(iii) the number of exporters in each State that are
small business concerns;
(iv) the percentage of exporters in each State that are
small business concerns;
(v) the change, if any, in the number of exporters that
are small business concerns in each State--
(I) for the first study conducted under this
subparagraph, during the 10-year period ending on the
date of enactment of this Act; and
(II) for each subsequent study, during the 10-year
period ending on the date the study is commenced;
(vi) the total value of the exports in each State by
small business concerns;
(vii) the percentage of the total volume of exports in
each State that is attributable to small business concerns;
and
(viii) the change, if any, in the percentage of the
total volume of exports in each State that is attributable
to small business concerns--
(I) for the first study conducted under this
subparagraph, during the 10-year period ending on the
date of enactment of this Act; and
(II) for each subsequent study, during the 10-year
period ending on the date the study is commenced; and
(B) submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report containing--
(i) the results of the study under subparagraph (A);
(ii) to the extent practicable, a recommendation
regarding how to eliminate gaps between the supply of and
demand for export finance specialists in the 15 States that
have the greatest volume of exports, based upon the most
recent data available from the Department of Commerce;
(iii) to the extent practicable, a recommendation
regarding how to eliminate gaps between the supply of and
demand for export finance specialists in the 15 States that
have the lowest volume of exports, based upon the most
recent data available from the Department of Commerce; and
(iv) such additional information as the Administrator
determines is appropriate.
(2) Definition.--In this subsection, the term ``export finance
specialist'' has the meaning given that term in section 22(l) of
the Small Business Act, as added by this title.

d13d8ebf37918cb018c32946e3daf9a7bb520c414c76362524332b78c936319d

(a) Loan Limits.--
(1) Total amount outstanding.--Section 7(a)(3)(B) of the Small
Business Act (15 U.S.C. 636(a)(3)(B)) is amended by striking
``$1,750,000, of which not more than $1,250,000'' and inserting
``$4,500,000 (or if the gross loan amount would exceed $5,000,000),
of which not more than $4,000,000''.
(2) Participation.--Section 7(a)(2) of the Small Business Act
(15 U.S.C. 636(a)(2)) is amended--
(A) in subparagraph (A), in the matter preceding clause
(i), by striking ``subparagraph (B)'' and inserting
``subparagraphs (B), (D), and (E)'';
(B) in subparagraph (D), by striking ``Notwithstanding
subparagraph (A), in'' and inserting ``In''; and
(C) by adding at the end the following:
``(E) Participation in international trade loan.--In an
agreement to participate in a loan on a deferred basis under
paragraph (16), the participation by the Administration may not
exceed 90 percent.''.
(b) Working Capital.--Section 7(a)(16)(A) of the Small Business Act
(15 U.S.C. 636(a)(16)(A)) is amended--
(1) in the matter preceding clause (i), by striking ``in--''
and inserting ``--'';
(2) in clause (i)--
(A) by inserting ``in'' after ``(i)''; and
(B) by striking ``or'' at the end;
(3) in clause (ii)--
(A) by inserting ``in'' after ``(ii)''; and
(B) by striking the period at the end and inserting ``,
including any debt that qualifies for refinancing under any
other provision of this subsection; or''; and
(4) by adding at the end the following:
``(iii) by providing working capital.''.
(c) Collateral.--Section 7(a)(16)(B) of the Small Business Act (15
U.S.C. 636(a)(16)(B)) is amended--
(1) by striking ``Each loan'' and inserting the following:
``(i) In general.--Except as provided in clause (ii),
each loan''; and
(2) by adding at the end the following:
``(ii) Exception.--A loan under this paragraph may be
secured by a second lien position on the property or
equipment financed by the loan or on other assets of the
small business concern, if the Administrator determines the
lien provides adequate assurance of the payment of the
loan.''.
(d) Export Working Capital Program.--Section 7(a) of the Small
Business Act (15 U.S.C. 636(a)) is amended--
(1) in paragraph (2)(D), by striking ``not exceed'' and
inserting ``be''; and
(2) in paragraph (14)--
(A) by striking ``(A) The Administration'' and inserting
the following: ``Export working capital program.--
``(A) In general.--The Administrator'';
(B) by striking ``(B) When considering'' and inserting the
following:
``(C) Considerations.--When considering'';
(C) by striking ``(C) The Administration'' and inserting
the following:
``(D) Marketing.--The Administrator''; and
(D) by inserting after subparagraph (A) the following:
``(B) Terms.--
``(i) Loan amount.--The Administrator may not guarantee
a loan under this paragraph of more than $5,000,000.
``(ii) Fees.--
``(I) In general.--For a loan under this paragraph,
the Administrator shall collect the fee assessed under
paragraph (23) not more frequently than once each year.
``(II) Untapped credit.--The Administrator may not
assess a fee on capital that is not accessed by the
small business concern.''.
(e) Participation in Preferred Lenders Program.--Section 7(a)(2)(C)
of the Small Business Act (15 U.S.C. 636(a)(2)(C)) is amended--
(1) by redesignating clause (ii) as clause (iii); and
(2) by inserting after clause (i) the following:
``(ii) Export-import bank lenders.--Any lender that is
participating in the Delegated Authority Lender Program of
the Export-Import Bank of the United States (or any
successor to the Program) shall be eligible to participate
in the Preferred Lenders Program.''.
(f) Export Express Program.--Section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) is amended by adding at the end the following:
``(35) Export express program.--
``(A) Definitions.--In this paragraph--
``(i) the term `export development activity' includes--
``(I) obtaining a standby letter of credit when
required as a bid bond, performance bond, or advance
payment guarantee;
``(II) participation in a trade show that takes
place outside the United States;
``(III) translation of product brochures or
catalogues for use in markets outside the United
States;
``(IV) obtaining a general line of credit for
export purposes;
``(V) performing a service contract from buyers
located outside the United States;
``(VI) obtaining transaction-specific financing
associated with completing export orders;
``(VII) purchasing real estate or equipment to be
used in the production of goods or services for export;
``(VIII) providing term loans or other financing to
enable a small business concern, including an export
trading company and an export management company, to
develop a market outside the United States; and
``(IX) acquiring, constructing, renovating,
modernizing, improving, or expanding a production
facility or equipment to be used in the United States
in the production of goods or services for export; and
``(ii) the term `express loan' means a loan in which a
lender uses to the maximum extent practicable the loan
analyses, procedures, and documentation of the lender to
provide expedited processing of the loan application.
``(B) Authority.--The Administrator may guarantee the
timely payment of an express loan to a small business concern
made for an export development activity.
``(C) Level of participation.--
``(i) Maximum amount.--The maximum amount of an express
loan guaranteed under this paragraph shall be $500,000.
``(ii) Percentage.--For an express loan guaranteed
under this paragraph, the Administrator shall guarantee--
``(I) 90 percent of a loan that is not more than
$350,000; and
``(II) 75 percent of a loan that is more than
$350,000 and not more than $500,000.''.
(g) Annual Listing of Export Finance Lenders.--Section 7(a)(16) of
the Small Business Act (15 U.S.C. 636(a)(16)) is amended by adding at
the end the following:
``(F) List of export finance lenders.--
``(i) Publication of list required.--The Administrator
shall publish an annual list of the banks and participating
lending institutions that, during the 1-year period ending
on the date of publication of the list, have made loans
guaranteed by the Administration under--
``(I) this paragraph;
``(II) paragraph (14); or
``(III) paragraph (34).
``(ii) Availability of list.--The Administrator shall--
``(I) post the list published under clause (i) on
the website of the Administration; and
``(II) make the list published under clause (i)
available, upon request, at each district office of the
Administration.''.
(h) Applicability.--The amendments made by subsections (a) through
(f) shall apply with respect to any loan made after the date of
enactment of this Act.

08a4499f0e168a05de4144665ca4784fab4f6d5dd9a703a8bcd5eba715361ec7

(a) Definitions.--In this section--
(1) the term ``eligible small business concern'' means a small
business concern that--
(A) has been in business for not less than the 1-year
period ending on the date on which assistance is provided using
a grant under this section;
(B) is operating profitably, based on operations in the
United States;
(C) has demonstrated understanding of the costs associated
with exporting and doing business with foreign purchasers,
including the costs of freight forwarding, customs brokers,
packing and shipping, as determined by the Associate
Administrator; and
(D) has in effect a strategic plan for exporting;
(2) the term ``program'' means the State Trade and Export
Promotion Grant Program established under subsection (b);
(3) the term ``small business concern owned and controlled by
women'' has the meaning given that term in section 3 of the Small
Business Act (15 U.S.C. 632);
(4) the term ``socially and economically disadvantaged small
business concern'' has the meaning given that term in section
8(a)(4)(A) of the Small Business Act (15 U.S.C. 6537(a)(4)(A)); and
(5) the term ``State'' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, and American Samoa.
(b) Establishment of Program.--The Associate Administrator shall
establish a 3-year trade and export promotion pilot program to be known
as the State Trade and Export Promotion Grant Program, to make grants
to States to carry out export programs that assist eligible small
business concerns in--
(1) participation in a foreign trade mission;
(2) a foreign market sales trip;
(3) a subscription to services provided by the Department of
Commerce;
(4) the payment of website translation fees;
(5) the design of international marketing media;
(6) a trade show exhibition;
(7) participation in training workshops; or
(8) any other export initiative determined appropriate by the
Associate Administrator.
(c) Grants.--
(1) Joint review.--In carrying out the program, the Associate
Administrator may make a grant to a State to increase the number of
eligible small business concerns in the State that export or to
increase the value of the exports by eligible small business
concerns in the State.
(2) Considerations.--In making grants under this section, the
Associate Administrator may give priority to an application by a
State that proposes a program that--
(A) focuses on eligible small business concerns as part of
an export promotion program;
(B) demonstrates success in promoting exports by--
(i) socially and economically disadvantaged small
business concerns;
(ii) small business concerns owned or controlled by
women; and
(iii) rural small business concerns;
(C) promotes exports from a State that is not 1 of the 10
States with the highest percentage of exporters that are small
business concerns, based upon the latest data available from
the Department of Commerce; and
(D) promotes new-to-market export opportunities to the
People's Republic of China for eligible small business concerns
in the United States.
(3) Limitations.--
(A) Single application.--A State may not submit more than 1
application for a grant under the program in any 1 fiscal year.
(B) Proportion of amounts.--The total value of grants under
the program made during a fiscal year to the 10 States with the
highest number of exporters that are small business concerns,
based upon the latest data available from the Department of
Commerce, shall be not more than 40 percent of the amounts
appropriated for the program for that fiscal year.
(4) Application.--A State desiring a grant under the program
shall submit an application at such time, in such manner, and
accompanied by such information as the Associate Administrator may
establish.
(d) Competitive Basis.--The Associate Administrator shall award
grants under the program on a competitive basis.
(e) Federal Share.--The Federal share of the cost of an export
program carried out using a grant under the program shall be--
(1) for a State that has a high export volume, as determined by
the Associate Administrator, not more than 65 percent; and
(2) for a State that does not have a high export volume, as
determined by the Associate Administrator, not more than 75
percent.
(f) Non-Federal Share.--The non-Federal share of the cost of an
export program carried using a grant under the program shall be
comprised of not less than 50 percent cash and not more than 50 percent
of indirect costs and in-kind contributions, except that no such costs
or contributions may be derived from funds from any other Federal
program.
(g) Reports.--
(1) Initial report.--Not later than 120 days after the date of
enactment of this Act, the Associate Administrator shall submit to
the Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of Representatives
a report, which shall include--
(A) a description of the structure of and procedures for
the program;
(B) a management plan for the program; and
(C) a description of the merit-based review process to be
used in the program.
(2) Annual reports.--The Associate Administrator shall submit
an annual report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business
of the House of Representatives regarding the program, which shall
include--
(A) the number and amount of grants made under the program
during the preceding year;
(B) a list of the States receiving a grant under the
program during the preceding year, including the activities
being performed with grant; and
(C) the effect of each grant on exports by eligible small
business concerns in the State receiving the grant.
(h) Reviews by Inspector General.--
(1) In general.--The Inspector General of the Administration
shall conduct a review of--
(A) the extent to which recipients of grants under the
program are measuring the performance of the activities being
conducted and the results of the measurements; and
(B) the overall management and effectiveness of the
program.
(2) Report.--Not later than September 30, 2012, the Inspector
General of the Administration shall submit to the Committee on
Small Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report
regarding the review conducted under paragraph (1).
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program $30,000,000 for each of fiscal
years 2011, 2012, and 2013.
(j) Termination.--The authority to carry out the program shall
terminate 3 years after the date on which the Associate Administrator
establishes the program.

d21080f07f0621d0cbae7c306d5318722984e1ecd73390e7ffbfd53891588ecd

Not later than 6 months after the date of enactment of this Act,
the Administrator, in consultation with the Secretary of Agriculture
and the Secretary of Commerce, 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 that contains--
(1) a description of each program of the Administration that
promotes exports by rural small business concerns, including--
(A) the number of rural small business concerns served by
the program;
(B) the change, if any, in the number of rural small
business concerns as a result of participation in the program
during the 10-year period ending on the date of enactment of
this Act;
(C) the volume of exports by rural small business concerns
that participate in the program; and
(D) the change, if any, in the volume of exports by rural
small businesses that participate in the program during the 10-
year period ending on the date of enactment of this Act;
(2) a description of the coordination between programs of the
Administration and other Federal programs that promote exports by
rural small business concerns;
(3) recommendations, if any, for improving the coordination
described in paragraph (2);
(4) a description of any plan by the Administration to market
the international trade financing programs of the Administration
through lenders that--
(A) serve rural small business concerns; and
(B) are associated with financing programs of the
Department of Agriculture;
(5) recommendations, if any, for improving coordination between
the counseling programs and export financing programs of the
Administration, in order to increase the volume of exports by rural
small business concerns; and
(6) any additional information the Administrator determines is
necessary.

a359b2b9f6c08993a9c6c3ea9ce0bbe4fd85bbe12b4c125e2335865ad417ce8a

DEVELOPMENT CENTERS.
Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is
amended--
(1) by striking ``(2) The Small Business Development Centers''
and inserting the following:
``(2) Cooperation to provide international trade services.--
``(A) Information and services.--The small business
development centers''; and
(2) in paragraph (2)--
(A) in subparagraph (A), as so designated, by inserting
``(including State trade agencies),'' after ``local agencies'';
and
(B) by adding at the end the following:
``(B) Cooperation with state trade agencies and export
assistance centers.--A small business development center that
counsels a small business concern on issues relating to
international trade shall--
``(i) consult with State trade agencies and Export
Assistance Centers to provide appropriate services to the
small business concern; and
``(ii) as necessary, refer the small business concern
to a State trade agency or an Export Assistance Center for
further counseling or assistance.
``(C) Definition.--In this paragraph, the term `Export
Assistance Center' has the same meaning as in section 22.''.
Subtitle C--Small Business Contracting
PART I--CONTRACT BUNDLING

e34aa17ca4c8bfd86b50d07c9bb3412e85bb175f11c5e23e6eb112d9f0c4dec5

Section 3 of the Small Business Act (15 U.S.C. 632), as amended by
section 1202, is amended by adding at the end the following:
``(v) Multiple Award Contract.--In this Act, the term `multiple
award contract' means--
``(1) a multiple award task order contract or delivery order
contract that is entered into under the authority of sections 303H
through 303K of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253h through 253k); and
``(2) any other indefinite delivery, indefinite quantity
contract that is entered into by the head of a Federal agency with
2 or more sources pursuant to the same solicitation.''.

ba52c676d12c8969bd86696681f5dea46bd05ae35ee14cbff611bab6220c7ccb

(a) In General.--Section 15 of the Small Business Act (15 U.S.C.
644) is amended by adding at the end the following:
``(q) Bundling Accountability Measures.--
``(1) Teaming requirements.--Each Federal agency shall include
in each solicitation for any multiple award contract above the
substantial bundling threshold of the Federal agency a provision
soliciting bids from any responsible source, including responsible
small business concerns and teams or joint ventures of small
business concerns.
``(2) Policies on reduction of contract bundling.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, the Federal Acquisition
Regulatory Council established under section 25(a) of the
Office of Federal Procurement Policy Act (41 U.S.C. 4219(a))
shall amend the Federal Acquisition Regulation issued under
section 25 of such Act to--
``(i) establish a Government-wide policy regarding
contract bundling, including regarding the solicitation of
teaming and joint ventures under paragraph (1); and
``(ii) require that the policy established under clause
(i) be published on the website of each Federal agency.
``(B) Rationale for contract bundling.--Not later than 30
days after the date on which the head of a Federal agency
submits data certifications to the Administrator for Federal
Procurement Policy, the head of the Federal agency shall
publish on the website of the Federal agency a list and
rationale for any bundled contract for which the Federal agency
solicited bids or that was awarded by the Federal agency.
``(3) Reporting.--Not later than 90 days after the date of
enactment of this subsection, and every 3 years thereafter, the
Administrator shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business
of the House of Representatives a report regarding procurement
center representatives and commercial market representatives, which
shall--
``(A) identify each area for which the Administration has
assigned a procurement center representative or a commercial
market representative;
``(B) explain why the Administration selected the areas
identified under subparagraph (A); and
``(C) describe the activities performed by procurement
center representatives and commercial market
representatives.''.
(b) Technical Correction.--Section 15(g) of the Small Business Act
(15 U.S.C. 644(g)) is amended by striking ``Administrator of the Office
of Federal Procurement Policy'' each place it appears and inserting
``Administrator for Federal Procurement Policy''.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report regarding the procurement center
representative program of the Administration.
(2) Contents.--The report submitted under paragraph (1) shall--
(A) address ways to improve the effectiveness of the
procurement center representative program in helping small
business concerns obtain Federal contracts;
(B) evaluate the effectiveness of procurement center
representatives and commercial marketing representatives; and
(C) include recommendations, if any, on how to improve the
procurement center representative program.
(d) Electronic Procurement Center Representative.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall implement a 3-year
pilot electronic procurement center representative program.
(2) Report.--Not later than 30 days after the pilot program
under paragraph (1) ends, the Comptroller General of the United
States shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business
of the House of Representatives a report regarding the pilot
program.

1506671ba4827bbe9f333ac7d67b705848387373b6264cf4493e1d8f677187c4

(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) by redesignating section 44 as section 45; and
(2) by inserting after section 43 the following:
``SEC. 44. CONSOLIDATION OF CONTRACT REQUIREMENTS.
``(a) Definitions.--In this section--
``(1) the term `Chief Acquisition Officer' means the employee
of a Federal agency designated as the Chief Acquisition Officer for
the Federal agency under section 16(a) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(a));
``(2) the term `consolidation of contract requirements', with
respect to contract requirements of a Federal agency, means a use
of a solicitation to obtain offers for a single contract or a
multiple award contract to satisfy 2 or more requirements of the
Federal agency for goods or services that have been provided to or
performed for the Federal agency under 2 or more separate contracts
lower in cost than the total cost of the contract for which the
offers are solicited; and
``(3) the term `senior procurement executive' means an official
designated under section 16(c) of the Office of Federal Procurement
Policy Act (41 U.S.C. 414(c)) as the senior procurement executive
for a Federal agency.
``(b) Policy.--The head of each Federal agency shall ensure that
the decisions made by the Federal agency regarding consolidation of
contract requirements of the Federal agency are made with a view to
providing small business concerns with appropriate opportunities to
participate as prime contractors and subcontractors in the procurements
of the Federal agency.
``(c) Limitation on Use of Acquisition Strategies Involving
Consolidation.--
``(1) In general.--Subject to paragraph (4), the head of a
Federal agency may not carry out an acquisition strategy that
includes a consolidation of contract requirements of the Federal
agency with a total value of more than $2,000,000, unless the
senior procurement executive or Chief Acquisition Officer for the
Federal agency, before carrying out the acquisition strategy--
``(A) conducts market research;
``(B) identifies any alternative contracting approaches
that would involve a lesser degree of consolidation of contract
requirements;
``(C) makes a written determination that the consolidation
of contract requirements is necessary and justified;
``(D) identifies any negative impact by the acquisition
strategy on contracting with small business concerns; and
``(E) certifies to the head of the Federal agency that
steps will be taken to include small business concerns in the
acquisition strategy.
``(2) Determination that consolidation is necessary and
justified.--
``(A) In general.--A senior procurement executive or Chief
Acquisition Officer may determine that an acquisition strategy
involving a consolidation of contract requirements is necessary
and justified for the purposes of paragraph (1)(C) if the
benefits of the acquisition strategy substantially exceed the
benefits of each of the possible alternative contracting
approaches identified under paragraph (1)(B).
``(B) Savings in administrative or personnel costs.--For
purposes of subparagraph (A), savings in administrative or
personnel costs alone do not constitute a sufficient
justification for a consolidation of contract requirements in a
procurement unless the expected total amount of the cost
savings, as determined by the senior procurement executive or
Chief Acquisition Officer, is expected to be substantial in
relation to the total cost of the procurement.
``(3) Benefits to be considered.--The benefits considered for
the purposes of paragraphs (1) and (2) may include cost and,
regardless of whether quantifiable in dollar amounts--
``(A) quality;
``(B) acquisition cycle;
``(C) terms and conditions; and
``(D) any other benefit.
``(4) Department of defense.--
``(A) In general.--The Department of Defense and each
military department shall comply with this section until after
the date described in subparagraph (C).
``(B) Rule.--After the date described in subparagraph (C),
contracting by the Department of Defense or a military
department shall be conducted in accordance with section 2382
of title 10, United States Code.
``(C) Date.--The date described in this subparagraph is the
date on which the Administrator determines the Department of
Defense or a military department is in compliance with the
Government-wide contracting goals under section 15.''.
(b) Technical and Conforming Amendment.--Section 2382(b)(1) of
title 10, United States Code, is amended by striking ``An official''
and inserting ``Subject to section 44(c)(4), an official''.

ede655cb74b032008b540a654085c67407aaf97ce01fd7b6d907aa80da1e6094

(a) Definitions.--In this section--
(1) the term ``Pilot Program'' means the Small Business Teaming
Pilot Program established under subsection (b); and
(2) the term ``eligible organization'' means a well-established
national organization for small business concerns with the capacity
to provide assistance to small business concerns (which may be
provided with the assistance of the Administrator) relating to--
(A) customer relations and outreach;
(B) team relations and outreach; and
(C) performance measurement and quality assurance.
(b) Establishment.--The Administrator shall establish a Small
Business Teaming Pilot Program for teaming and joint ventures involving
small business concerns.
(c) Grants.--Under the Pilot Program, the Administrator may make
grants to eligible organizations to provide assistance and guidance to
teams of small business concerns seeking to compete for larger
procurement contracts.
(d) Contracting Opportunities.--The Administrator shall work with
eligible organizations receiving a grant under the Pilot Program to
recommend appropriate contracting opportunities for teams or joint
ventures of small business concerns.
(e) Report.--Not later than 1 year before the date on which the
authority to carry out the Pilot Program terminates under subsection
(f), the Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small Business
of the House of Representatives a report on the effectiveness of the
Pilot Program.
(f) Termination.--The authority to carry out the Pilot Program
shall terminate 5 years after the date of enactment of this Act.
(g) Authorization of Appropriations.--There are authorized to be
appropriated for grants under subsection (c) $5,000,000 for each of
fiscal years 2010 through 2015.
PART II--SUBCONTRACTING INTEGRITY

682e32d08e0e61b3eea2061be0f032ce3786015effb9b96c82a9f05b005f8e8f

Not later than 1 year after the date of enactment of this Act, the
Administrator, in consultation with the Administrator for Federal
Procurement Policy, shall promulgate regulations relating to, and the
Federal Acquisition Regulatory Council established under section 25(a)
of the Office of Federal Procurement Policy Act (41 U.S.C. 421(a))
shall amend the Federal Acquisition Regulation issued under section 25
of such Act to establish a policy on, subcontracting compliance
relating to small business concerns, including assignment of compliance
responsibilities between contracting offices, small business offices,
and program offices and periodic oversight and review activities.

3b810cd000b39b6f338550b6383799055e92fa1421a07d0f79bd0c489fb7924a

Section 8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)) is
amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end, the following:
``(G) a representation that the offeror or bidder will--
``(i) make a good faith effort to acquire articles,
equipment, supplies, services, or materials, or obtain the
performance of construction work from the small business
concerns used in preparing and submitting to the
contracting agency the bid or proposal, in the same amount
and quality used in preparing and submitting the bid or
proposal; and
``(ii) provide to the contracting officer a written
explanation if the offeror or bidder fails to acquire
articles, equipment, supplies, services, or materials or
obtain the performance of construction work as described in
clause (i).''.
PART III--ACQUISITION PROCESS

1e0f7586ca1bb5013309fccac1aeceddffc176c4858c151099220ffcca21fd11

Section 15 of the Small Business Act (15 U.S.C. 644), as amended by
this Act, is amended by adding at the end the following:
``(r) Multiple Award Contracts.--Not later than 1 year after the
date of enactment of this subsection, the Administrator for Federal
Procurement Policy and the Administrator, in consultation with the
Administrator of General Services, shall, by regulation, establish
guidance under which Federal agencies may, at their discretion--
``(1) set aside part or parts of a multiple award contract for
small business concerns, including the subcategories of small
business concerns identified in subsection (g)(2);
``(2) notwithstanding the fair opportunity requirements under
section 2304c(b) of title 10, United States Code, and section
303J(b) of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253j(b)), set aside orders placed against multiple
award contracts for small business concerns, including the
subcategories of small business concerns identified in subsection
(g)(2); and
``(3) reserve 1 or more contract awards for small business
concerns under full and open multiple award procurements, including
the subcategories of small business concerns identified in
subsection (g)(2).''.

8bb585471e06d7658c5d5690981031b82a68070ee6280489cba0b915fd0e62e7

Not later than 1 year after the date of enactment of this Act, the
Director of the Office of Management and Budget, in coordination with
the Administrator of General Services, shall issue guidelines regarding
the analysis of purchase card expenditures to identify opportunities
for achieving and accurately measuring fair participation of small
business concerns in purchases in an amount not in excess of the micro-
purchase threshold, as defined in section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428) (in this section referred to as
``micro-purchases''), consistent with the national policy on small
business participation in Federal procurements set forth in sections
2(a) and 15(g) of the Small Business Act (15 U.S.C. 631(a) and 644(g)),
and dissemination of best practices for participation of small business
concerns in micro-purchases.

d1a0d3d4192aceae506d705d47a58b6a3a8cb5a82599044e143cb550f812fb6d

Section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) is
amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking ``Goals established'' and inserting the
following:
``(B) Goals established'';
(3) by striking ``Whenever'' and inserting the following:
``(C) Whenever'';
(4) by striking ``For the purpose of'' and inserting the
following:
``(D) For the purpose of'';
(5) by striking ``The head of each Federal agency, in
attempting to attain such participation'' and inserting the
following:
``(E) The head of each Federal agency, in attempting to attain the
participation described in subparagraph (D)''.
(6) in subparagraph (E), as so designated--
(A) by striking ``(A) contracts'' and inserting ``(i)
contracts''; and
(B) by striking ``(B) contracts'' and inserting ``(ii)
contracts''; and
(7) by adding at the end the following:
``(F)(i) Each procurement employee or program manager described in
clause (ii) shall communicate to the subordinates of the procurement
employee or program manager the importance of achieving small business
goals.
``(ii) A procurement employee or program manager described in this
clause is a senior procurement executive, senior program manager, or
Director of Small and Disadvantaged Business Utilization of a Federal
agency having contracting authority.''.

cc807207247ee178106067ec433ca9d58edfef81f9ed2532deeca7f466507846

Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is
amended by adding at the end the following:
``(12) Payment of Subcontractors.--
``(A) Definition.--In this paragraph, the term `covered
contract' means a contract relating to which a prime contractor is
required to develop a subcontracting plan under paragraph (4) or
(5).
``(B) Notice.--
``(i) In general.--A prime contractor for a covered
contract shall notify in writing the contracting officer for
the covered contract if the prime contractor pays a reduced
price to a subcontractor for goods and services upon completion
of the responsibilities of the subcontractor or the payment to
a subcontractor is more than 90 days past due for goods or
services provided for the covered contract for which the
Federal agency has paid the prime contractor.
``(ii) Contents.--A prime contractor shall include the
reason for the reduction in a payment to or failure to pay a
subcontractor in any notice made under clause (i).
``(C) Performance.--A contracting officer for a covered
contract shall consider the unjustified failure by a prime
contractor to make a full or timely payment to a subcontractor in
evaluating the performance of the prime contractor.
``(D) Control of funds.--If the contracting officer for a
covered contract determines that a prime contractor has a history
of unjustified, untimely payments to contractors, the contracting
officer shall record the identity of the contractor in accordance
with the regulations promulgated under subparagraph (E).
``(E) Regulations.--Not later than 1 year after the date of
enactment of this paragraph, the Federal Acquisition Regulatory
Council established under section 25(a) of the Office of Federal
Procurement Policy Act (41 U.S.C. 421(a)) shall amend the Federal
Acquisition Regulation issued under section 25 of such Act to--
``(i) describe the circumstances under which a contractor
may be determined to have a history of unjustified, untimely
payments to subcontractors;
``(ii) establish a process for contracting officers to
record the identity of a contractor described in clause (i);
and
``(iii) require the identity of a contractor described in
clause (i) to be incorporated in, and made publicly available
through, the Federal Awardee Performance and Integrity
Information System, or any successor thereto.''.

a0f89888d841d412ec540626ac1122d8b3bd231fc16a756d6b1a31c46694fe27

PROGRAM.
(a) In General.--The Business Opportunity Development Reform Act of
1988 (Public Law 100-656) is amended by striking title VII (15 U.S.C.
644 note).
(b) Effective Date and Applicability.--The amendment made by this
section--
(1) shall take effect on the date of enactment of this Act; and
(2) apply to the first full fiscal year after the date of
enactment of this Act.
PART IV--SMALL BUSINESS SIZE AND STATUS INTEGRITY

5e0b08d89827c6b2bec538bd3e941ab9d8a494ad3a07ed0b709f5787c2c3367f

Section 3 of the Small Business Act (15 U.S.C. 632), as amended by
section 1311, is amended by adding at the end the following:
``(w) Presumption.--
``(1) In general.--In every contract, subcontract, cooperative
agreement, cooperative research and development agreement, or grant
which is set aside, reserved, or otherwise classified as intended
for award to small business concerns, there shall be a presumption
of loss to the United States based on the total amount expended on
the contract, subcontract, cooperative agreement, cooperative
research and development agreement, or grant whenever it is
established that a business concern other than a small business
concern willfully sought and received the award by
misrepresentation.
``(2) Deemed certifications.--The following actions shall be
deemed affirmative, willful, and intentional certifications of
small business size and status:
``(A) Submission of a bid or proposal for a Federal grant,
contract, subcontract, cooperative agreement, or cooperative
research and development agreement reserved, set aside, or
otherwise classified as intended for award to small business
concerns.
``(B) Submission of a bid or proposal for a Federal grant,
contract, subcontract, cooperative agreement, or cooperative
research and development agreement which in any way encourages
a Federal agency to classify the bid or proposal, if awarded,
as an award to a small business concern.
``(C) Registration on any Federal electronic database for
the purpose of being considered for award of a Federal grant,
contract, subcontract, cooperative agreement, or cooperative
research agreement, as a small business concern.
``(3) Certification by signature of responsible official.--
``(A) In general.--Each solicitation, bid, or application
for a Federal contract, subcontract, or grant shall contain a
certification concerning the small business size and status of
a business concern seeking the Federal contract, subcontract,
or grant.
``(B) Content of certifications.--A certification that a
business concern qualifies as a small business concern of the
exact size and status claimed by the business concern for
purposes of bidding on a Federal contract or subcontract, or
applying for a Federal grant, shall contain the signature of an
authorized official on the same page on which the certification
is contained.
``(4) Regulations.--The Administrator shall promulgate
regulations to provide adequate protections to individuals and
business concerns from liability under this subsection in cases of
unintentional errors, technical malfunctions, and other similar
situations.''.

6b41b381bfb3dfd8db62a52219237620965aa2faff42712796334b8ceb363d51

Section 3 of the Small Business Act (15 U.S.C. 632), as amended by
section 1341, is amended by adding at the end the following:
``(x) Annual Certification.--
``(1) In general.--Each business certified as a small business
concern under this Act shall annually certify its small business
size and, if appropriate, its small business status, by means of a
confirming entry on the Online Representations and Certifications
Application database of the Administration, or any successor
thereto.
``(2) Regulations.--Not later than 1 year after the date of
enactment of this subsection, the Administrator, in consultation
with the Inspector General and the Chief Counsel for Advocacy of
the Administration, shall promulgate regulations to ensure that--
``(A) no business concern continues to be certified as a
small business concern on the Online Representations and
Certifications Application database of the Administration, or
any successor thereto, without fulfilling the requirements for
annual certification under this subsection; and
``(B) the requirements of this subsection are implemented
in a manner presenting the least possible regulatory burden on
small business concerns.''.

e178a05ba9654a4c7e4f7333268b753282d7529caa8e0e9a7d3f184474e29e8c

(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Federal Acquisition Institute, in consultation with
the Administrator for Federal Procurement Policy, the Defense
Acquisition University, and the Administrator, shall develop courses
for acquisition personnel concerning proper classification of business
concerns and small business size and status for purposes of Federal
contracts, subcontracts, grants, cooperative agreements, and
cooperative research and development agreements.
(b) Policy on Prosecutions of Small Business Size and Status
Fraud.--Section 3 of the Small Business Act (15 U.S.C. 632), as amended
by section 1342, is amended by adding at the end the following:
``(y) Policy on Prosecutions of Small Business Size and Status
Fraud.--Not later than 1 year after the date of enactment of this
subsection, the Administrator, in consultation with the Attorney
General, shall issue a Government-wide policy on prosecution of small
business size and status fraud, which shall direct Federal agencies to
appropriately publicize the policy.''.

9f9bfb1d6b28201f54b352494bce0dfa61b5f1476087f4b1ac8f929066e11bde

(a) Rolling Review.--
(1) In general.--The Administrator shall--
(A) during the 18-month period beginning on the date of
enactment of this Act, and during every 18-month period
thereafter, conduct a detailed review of not less than \1/3\ of
the size standards for small business concerns established
under section 3(a)(2) of the Small Business Act (15 U.S.C.
632(a)(2)), which shall include holding not less than 2 public
forums located in different geographic regions of the United
States;
(B) after completing each review under subparagraph (A)
make appropriate adjustments to the size standards established
under section 3(a)(2) of the Small Business Act to reflect
market conditions;
(C) make publicly available--
(i) information regarding the factors evaluated as part
of each review conducted under subparagraph (A); and
(ii) information regarding the criteria used for any
revised size standards promulgated under subparagraph (B);
and
(D) not later than 30 days after the date on which the
Administrator completes each review under subparagraph (A),
submit to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of the House
of Representatives and make publicly available a report
regarding the review, including why the Administrator--
(i) used the factors and criteria described in
subparagraph (C); and
(ii) adjusted or did not adjust each size standard that
was reviewed under the review.
(2) Complete review of size standards.--The Administrator shall
ensure that each size standard for small business concerns
established under section 3(a)(2) of the Small Business Act (15
U.S.C. 632(a)(2)) is reviewed under paragraph (1) not less
frequently than once every 5 years.
(b) Rules.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall promulgate rules for conducting the
reviews required under subsection (a).

8ad0758992940d0d817758b85388df894a1bc093ce73e8115d65adbb3c7fbd21

(a) In General.--The Comptroller General of the United States shall
conduct a study of the mentor-protege program of the Administration for
small business concerns participating in programs under section 8(a) of
the Small Business Act (15 U.S.C. 637(a)), and other relationships and
strategic alliances pairing a larger business and a small business
concern partner to gain access to Federal Government contracts, to
determine whether the programs and relationships are effectively
supporting the goal of increasing the participation of small business
concerns in Government contracting.
(b) Matters To Be Studied.--The study conducted under this section
shall include--
(1) a review of a broad cross-section of industries; and
(2) an evaluation of--
(A) how each Federal agency carrying out a program
described in subsection (a) administers and monitors the
program;
(B) whether there are systems in place to ensure that the
mentor-protege relationship, or similar affiliation, promotes
real gain to the protege, and is not just a mechanism to enable
participants that would not otherwise qualify under section
8(a) of the Small Business Act (15 U.S.C. 637(a)) to receive
contracts under that section; and
(C) the degree to which protege businesses become able to
compete for Federal contracts without the assistance of a
mentor.
(c) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit to the
Committee on Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a report on
the results of the study conducted under this section.

6d6ef969ea1835e6f94b32bf34d87d474a3de86807df243d43796e5a20cc7880

Section 15(h)(2) of the Small Business Act (15 U.S.C. 644(h)(2)) is
amended by striking ``submit them'' and all that follows through ``the
following:'' and inserting ``submit to the President and the Committee
on Small Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives the compilation and
analysis, which shall include the following:''.

96903f2f39d432bc230b4fb8a8d41ea41616817eb291fcf2510f151b61634ca3

(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean the
Small Business Administration and the Administrator thereof,
respectively; and
(2) the terms ``HUBZone small business concern'', ``small
business concern'', ``small business concern owned and controlled
by service-disabled veterans'', and ``small business concern owned
and controlled by women'' have the same meanings as in section 3 of
the Small Business Act (15 U.S.C. 632).
(b) Contracting Improvements.--
(1) Contracting opportunities.--Section 31(b)(2)(B) of the
Small Business Act (15 U.S.C. 657a(b)(2)(B)) is amended by striking
``shall'' and inserting ``may''.
(2) Contracting goals.--Section 15(g)(1) of the Small Business
Act (15 U.S.C. 644(g)(1)) is amended in the fourth sentence by
inserting ``and subcontract'' after ``not less than 3 percent of
the total value of all prime contract''.
(3) Mentor-protege programs.--The Administrator may establish
mentor-protege programs for small business concerns owned and
controlled by service-disabled veterans, small business concerns
owned and controlled by women, and HUBZone small business concerns
modeled on the mentor-protege program of the Administration for
small business concerns participating in programs under section
8(a) of the Small Business Act (15 U.S.C. 637(a)).
(c) Small Business Contracting Programs Parity.--Section 31(b)(2)
of the Small Business Act (15 U.S.C. 657a(b)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``Notwithstanding any other provision of law--'';
(2) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking ``a
contracting'' and inserting ``Sole source contracts.--A
contracting''; and
(B) in clause (iii), by striking the semicolon at the end
and inserting a period;
(3) in subparagraph (B)--
(A) by striking ``a contract opportunity shall'' and
inserting ``Restricted competition.--A contract opportunity
may''; and
(B) by striking ``; and'' and inserting a period; and
(4) in subparagraph (C), by striking ``not later'' and
inserting ``Appeals.--Not later''.
Subtitle D--Small Business Management and Counseling Assistance

542122b62ba89c27756ad2dabe19b0d6a0618db06c0491281de2fc4fc7195662

(a) Microloan Program.--Section 7(m) of the Small Business Act (15
U.S.C. 636(m)) is amended--
(1) in paragraph (3)(B)--
(A) by striking ``As a condition'' and inserting the
following:
``(i) In general.--Subject to clause (ii), as a
condition'';
(B) by striking ``the Administration'' and inserting ``the
Administrator''; and
(C) by adding at the end the following:
``(ii) Waiver of non-federal share.--
``(I) In general.--Upon request by an intermediary,
and in accordance with this clause, the Administrator
may waive, in whole or in part, the requirement to
obtain non-Federal funds under clause (i) for a fiscal
year. The Administrator may waive the requirement to
obtain non-Federal funds under this clause for
successive fiscal years.
``(II) Considerations.--In determining whether to
waive the requirement to obtain non-Federal funds under
this clause, the Administrator shall consider--
``(aa) the economic conditions affecting the
intermediary;
``(bb) the impact a waiver under this clause
would have on the credibility of the microloan
program under this subsection;
``(cc) the demonstrated ability of the
intermediary to raise non-Federal funds; and
``(dd) the performance of the intermediary.
``(III) Limitations.--
``(aa) In general.--The Administrator may not
waive the requirement to obtain non-Federal funds
under this clause if granting the waiver would
undermine the credibility of the microloan program
under this subsection.
``(bb) Sunset.--The Administrator may not waive
the requirement to obtain non-Federal funds under
this clause for fiscal year 2013 or any fiscal year
thereafter.''; and
(2) in paragraph (4)(B)--
(A) by striking ``As a condition'' and all that follows
through ``the Administration shall require'' and inserting the
following:
``(i) In general.--Subject to clause (ii), as a
condition of a grant made under subparagraph (A), the
Administrator shall require''; and
(B) by adding at the end the following:
``(ii) Waiver of non-federal share.--
``(I) In general.--Upon request by an intermediary,
and in accordance with this clause, the Administrator
may waive, in whole or in part, the requirement to
obtain non-Federal funds under clause (i) for a fiscal
year. The Administrator may waive the requirement to
obtain non-Federal funds under this clause for
successive fiscal years.
``(II) Considerations.--In determining whether to
waive the requirement to obtain non-Federal funds under
this clause, the Administrator shall consider--
``(aa) the economic conditions affecting the
intermediary;
``(bb) the impact a waiver under this clause
would have on the credibility of the microloan
program under this subsection;
``(cc) the demonstrated ability of the
intermediary to raise non-Federal funds; and
``(dd) the performance of the intermediary.
``(III) Limitations.--
``(aa) In general.--The Administrator may not
waive the requirement to obtain non-Federal funds
under this clause if granting the waiver would
undermine the credibility of the microloan program
under this subsection.
``(bb) Sunset.--The Administrator may not waive
the requirement to obtain non-Federal funds under
this clause for fiscal year 2013 or any fiscal year
thereafter.''.
(b) Women's Business Center Program.--Section 29(c) of the Small
Business Act (15 U.S.C. 656(c)) is amended--
(1) in paragraph (1), by striking ``As a condition'' and
inserting ``Subject to paragraph (5), as a condition''; and
(2) by adding at the end the following:
``(5) Waiver of non-federal share relating to technical
assistance and counseling.--
``(A) In general.--Upon request by a recipient
organization, and in accordance with this paragraph, the
Administrator may waive, in whole or in part, the requirement
to obtain non-Federal funds under this subsection for the
technical assistance and counseling activities of the recipient
organization carried out using financial assistance under this
section for a fiscal year. The Administrator may waive the
requirement to obtain non-Federal funds under this paragraph
for successive fiscal years.
``(B) Considerations.--In determining whether to waive the
requirement to obtain non-Federal funds under this paragraph,
the Administrator shall consider--
``(i) the economic conditions affecting the recipient
organization;
``(ii) the impact a waiver under this clause would have
on the credibility of the women's business center program
under this section;
``(iii) the demonstrated ability of the recipient
organization to raise non-Federal funds; and
``(iv) the performance of the recipient organization.
``(C) Limitations.--
``(i) In general.--The Administrator may not waive the
requirement to obtain non-Federal funds under this
paragraph if granting the waiver would undermine the
credibility of the women's business center program under
this section.
``(ii) Sunset.--The Administrator may not waive the
requirement to obtain non-Federal funds under this
paragraph for fiscal year 2013 or any fiscal year
thereafter.''.
(c) Prospective Repeals.--Effective October 1, 2012, the Small
Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 7(m) (15 U.S.C. 636(m))--
(A) in paragraph (3)(B)--
(i) by striking ``Intermediary contribution.--'' and
all that follows through ``Subject to clause (ii), as'' and
inserting ``Intermediary contribution.--As''; and
(ii) by striking clause (ii); and
(B) in paragraph (4)(B)--
(i) by striking ``Contribution.--'' and all that
follows through ``Subject to clause (ii), as'' and
inserting ``Contribution.--As''; and
(ii) by striking clause (ii); and
(2) in section 29(c) (15 U.S.C. 656(c))--
(A) in paragraph (1), by striking ``Subject to paragraph
(5), as'' and inserting ``As''; and
(B) by striking paragraph (5).

864474dcc39c1d82e8617213e6dcf933e2b015770fe7fe7f72bfec0dddd6493a

(a) In General.--The Administrator may make grants to small
business development centers under section 21 of the Small Business Act
(15 U.S.C. 648) to provide targeted technical assistance to small
business concerns seeking access to capital or credit, Federal
procurement opportunities, energy efficiency audits to reduce energy
bills, opportunities to export products or provide services to foreign
customers, adopting, making innovations in, and using broadband
technologies, or other assistance.
(b) Allocation.--
(1) In general.--Subject to paragraph (2), and notwithstanding
the requirements of section 21(a)(4)(C)(iii) of the Small Business
Act (15 U.S.C. 648(a)(4)(C)(iii)), the amount appropriated to carry
out this section shall be allocated under the formula under section
21(a)(4)(C)(i) of that Act.
(2) Minimum funding.--The amount made available under this
section to each State shall be not less than $325,000.
(3) Types of uses.--Of the total amount of the grants awarded
by the Administrator under this section--
(A) not less than 80 percent shall be used for counseling
of small business concerns; and
(B) not more than 20 percent may be used for classes or
seminars.
(c) No Non-Federal Share Required.--Notwithstanding section
21(a)(4)(A) of the Small Business Act (15 U.S.C. 648(a)(4)(A)), the
recipient of a grant made under this section shall not be required to
provide non-Federal matching funds.
(d) Distribution.--Not later than 30 days after the date on which
amounts are appropriated to carry out this section, the Administrator
shall disburse the total amount appropriated.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $50,000,000 to carry out this
section.
Subtitle E--Disaster Loan Improvement

2eaf8f1c37bf196078a15e64aa9cd36da3faee3e6475ac841c3210b6a46bc224

Section 3 of the Small Business Act (15 U.S.C. 632), as amended by
section 1343, is amended by adding at the end the following:
``(z) Aquaculture Business Disaster Assistance.--Subject to section
18(a) and notwithstanding section 18(b)(1), the Administrator may
provide disaster assistance under section 7(b)(2) to aquaculture
enterprises that are small businesses.''.
Subtitle F--Small Business Regulatory Relief

d8a9e9bef78dbd8382679be93b8de1719e4870bd8bc67382538e33eff3024961

Section 604(a) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``succinct'';
(2) in paragraph (2), by striking ``summary'' each place it
appears and inserting ``statement'';
(3) by redesignating paragraphs (3), (4), and (5) as paragraphs
(4), (5), and (6), respectively; and
(4) by inserting after paragraph (2) the following:
``(3) the response of the agency to any comments filed by the
Chief Counsel for Advocacy of the Small Business Administration in
response to the proposed rule, and a detailed statement of any
change made to the proposed rule in the final rule as a result of
the comments;''.

8ac32207cd998a9b926ca11838ddfd295447f33739557a681d37a8fee8d55b38

(a) In General.--Section 203 of Public Law 94-305 (15 U.S.C. 634c)
is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(6) carry out the responsibilities of the Office of Advocacy
under chapter 6 of title 5, United States Code.''.
(b) Budgetary Line Item and Authorization of Appropriations.--Title
II of Public Law 94-305 (15 U.S.C. 634a et seq.) is amended by striking
section 207 and inserting the following:
``SEC. 207. BUDGETARY LINE ITEM AND AUTHORIZATION OF
APPROPRIATIONS.
``(a) Appropriation Requests.--Each budget of the United States
Government submitted by the President under section 1105 of title 31,
United States Code, shall include a separate statement of the amount of
appropriations requested for the Office of Advocacy of the Small
Business Administration, which shall be designated in a separate
account in the General Fund of the Treasury.
``(b) Administrative Operations.--The Administrator of the Small
Business Administration shall provide the Office of Advocacy with
appropriate and adequate office space at central and field office
locations, together with such equipment, operating budget, and
communications facilities and services as may be necessary, and shall
provide necessary maintenance services for such offices and the
equipment and facilities located in such offices.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this title. Any
amount appropriated under this subsection shall remain available,
without fiscal year limitation, until expended.''.
Subtitle G--Appropriations Provisions

e21729bd46c5925a82c7d70554f95085f4ecf4758f9c95c3dabc5a4ce0e8fafb

(a) Appropriation.--There is appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2010, $150,000,000, to remain available until September
30, 2012, for an additional amount for the appropriations account
appropriated under the heading ``salaries and expenses'' under the
heading ``Small Business Administration'', of which--
(1) $50,000,000 is for grants to small business development
centers authorized under section 1402;
(2) $1,000,000 is for the costs of administering grants
authorized under section 1402;
(3) $30,000,000 is for grants to States for fiscal year 2011 to
carry out export programs that assist small business concerns
authorized under section 1207;
(4) $30,000,000 is for grants to States for fiscal year 2012 to
carry out export programs that assist small business concerns
authorized under section 1207;
(5) $2,500,000 is for the costs of administering grants
authorized under section 1207;
(6) $5,000,000 is for grants for fiscal year 2011 under the
Small Business Teaming Pilot Program under section 1314; and
(7) $5,000,000 is for grants for fiscal year 2012 under the
Small Business Teaming Pilot Program under section 1314.
(b) Report.--Not later than 60 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Appropriations of the Senate and the Committee on Appropriations of the
House of Representatives a detailed expenditure plan for using the
funds provided under subsection (a).

c81b4d164e0cd21c9e9b238288283ded61d6036ce0e5fde101516c7e91af7ef3

Export Promotion Act of 2010 — HR. 5297

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

Want the full experience?