[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1139 Enrolled Bill (ENR)]
S.1139
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To reauthorize the programs of the Small Business Administration, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Small Business
Reauthorization Act of 1997''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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f15b748b60cae5ddfd3d7a95a5ea91dec5883f5bc54bee2595b077e37398756c

TITLE I

-AUTHORIZATIONS

Subtitle B--Small Business Investment Company Program

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TITLE II

-FINANCIAL ASSISTANCE

Subtitle C--Certified Development Company Program

12801dfc1da745f023c882203b484f414acfe88d38f444ba5d29590f3828aaca

3ec9c6f7406198edf354f674174efdc0aa3523adadfd0e42ea55e51fe930957f

d37234bf168679510b734e2e5322acf319d746ea31ed2568ef8945efbd46963a

liquidation, and litigation of section 7(a) loans.

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Subtitle A--Small Business Competitiveness Program

c39b7259a651fa15dca4a198db6056fa082d957dbc9fbdb92451d700a096bb42

TITLE III

-WOMEN'S BUSINESS ENTERPRISES

Subtitle B--Small Business Procurement Opportunities Program

43ec9bf940f7f7374444c019083e87602db48b6ed464069aface25b8706cd196

TITLE IV

-COMPETITIVENESS PROGRAM AND PROCUREMENT OPPORTUNITIES

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TITLE V

-MISCELLANEOUS PROVISIONS

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TITLE VII

-SERVICE DISABLED VETERANS

In this Act--
(1) the term ``Administration'' means the Small Business
Administration;
(2) the term ``Administrator'' means the Administrator of the
Small Business Administration;
(3) the term ``Committees'' means the Committees on Small
Business of the House of Representatives and the Senate; and
(4) the term ``small business concern'' has the meaning given
the term in section 3 of the Small Business Act (15 U.S.C. 632).

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This Act and the amendments made by this Act shall take effect on
October 1, 1997.

db4f715a88f8fab5eb7f9d8e80df997c062a6f6c2910e625874a42db0829ed25

Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended by striking subsections (c) through (q) and inserting the
following:
``(c) Fiscal Year 1998.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 1998:
``(A) For the programs authorized by this Act, the
Administration is authorized to make--
``(i) $40,000,000 in technical assistance grants, as
provided in section 7(m); and
``(ii) $60,000,000 in direct loans, as provided in
section 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $16,040,000,000 in
deferred participation loans and other financings. Of such sum,
the Administration is authorized to make--
``(i) $12,000,000,000 in general business loans as
provided in section 7(a);
``(ii) $3,000,000,000 in financings as provided in
section 7(a)(13) of this Act and section 504 of the Small
Business Investment Act of 1958;
``(iii) $1,000,000,000 in loans as provided in section
7(a)(21); and
``(iv) $40,000,000 in loans as provided in section
7(m).
``(C) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make--
``(i) $700,000,000 in purchases of participating
securities; and
``(ii) $600,000,000 in guarantees of debentures.
``(D) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Administration
is authorized to enter into guarantees not to exceed
$2,000,000,000, of which not more than $650,000,000 may be in
bonds approved pursuant to section 411(a)(3) of that Act.
``(E) The Administration is authorized to make grants or
enter into cooperative agreements--
``(i) for the Service Corps of Retired Executives
program authorized by section 8(b)(1), $4,000,000; and
``(ii) for activities of small business development
centers pursuant to section 21(c)(3)(G), $15,000,000, to
remain available until expended.
``(2) Additional authorizations.--
``(A) There are authorized to be appropriated to the
Administration for fiscal year 1998 such sums as may be
necessary to carry out this Act, including administrative
expenses and necessary loan capital for disaster loans pursuant
to section 7(b), and to carry out the Small Business Investment
Act of 1958, including salaries and expenses of the
Administration.
``(B) Notwithstanding subparagraph (A), for fiscal year
1998--
``(i) no funds are authorized to be provided to carry
out the loan program authorized by section 7(a)(21) except
by transfer from another Federal department or agency to
the Administration, unless the program level authorized for
general business loans under paragraph (1)(B)(i) is fully
funded; and
``(ii) the Administration may not approve loans on
behalf of the Administration or on behalf of any other
department or agency, by contract or otherwise, under terms
and conditions other than those specifically authorized
under this Act or the Small Business Investment Act of
1958, except that it may approve loans under section
7(a)(21) of this Act in gross amounts of not more than
$1,250,000.
``(d) Fiscal Year 1999.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 1999:
``(A) For the programs authorized by this Act, the
Administration is authorized to make--
``(i) $40,000,000 in technical assistance grants as
provided in section 7(m); and
``(ii) $60,000,000 in direct loans, as provided in
section 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $17,540,000,000 in
deferred participation loans and other financings. Of such sum,
the Administration is authorized to make--
``(i) $13,000,000,000 in general business loans as
provided in section 7(a);
``(ii) $3,500,000,000 in financings as provided in
section 7(a)(13) of this Act and section 504 of the Small
Business Investment Act of 1958;
``(iii) $1,000,000,000 in loans as provided in section
7(a)(21); and
``(iv) $40,000,000 in loans as provided in section
7(m).
``(C) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make--
``(i) $800,000,000 in purchases of participating
securities; and
``(ii) $700,000,000 in guarantees of debentures.
``(D) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Administration
is authorized to enter into guarantees not to exceed
$2,000,000,000, of which not more than $650,000,000 may be in
bonds approved pursuant to section 411(a)(3) of that Act.
``(E) The Administration is authorized to make grants or
enter cooperative agreements--
``(i) for the Service Corps of Retired Executives
program authorized by section 8(b)(1), $4,500,000; and
``(ii) for activities of small business development
centers pursuant to section 21(c)(3)(G), not to exceed
$15,000,000, to remain available until expended.
``(2) Additional authorizations.--
``(A) There are authorized to be appropriated to the
Administration for fiscal year 1999 such sums as may be
necessary to carry out this Act, including administrative
expenses and necessary loan capital for disaster loans pursuant
to section 7(b), and to carry out the Small Business Investment
Act of 1958, including salaries and expenses of the
Administration.
``(B) Notwithstanding subparagraph (A), for fiscal year
1999--
``(i) no funds are authorized to be provided to carry
out the loan program authorized by section 7(a)(21) except
by transfer from another Federal department or agency to
the Administration, unless the program level authorized for
general business loans under paragraph (1)(B)(i) is fully
funded; and
``(ii) the Administration may not approve loans on
behalf of the Administration or on behalf of any other
department or agency, by contract or otherwise, under terms
and conditions other than those specifically authorized
under this Act or the Small Business Investment Act of
1958, except that it may approve loans under section
7(a)(21) of this Act in gross amounts of not more than
$1,250,000.
``(e) Fiscal Year 2000.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 2000:
``(A) For the programs authorized by this Act, the
Administration is authorized to make--
``(i) $40,000,000 in technical assistance grants as
provided in section 7(m); and
``(ii) $60,000,000 in direct loans, as provided in
section 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $20,040,000,000 in
deferred participation loans and other financings. Of such sum,
the Administration is authorized to make--
``(i) $14,500,000,000 in general business loans as
provided in section 7(a);
``(ii) $4,500,000,000 in financings as provided in
section 7(a)(13) of this Act and section 504 of the Small
Business Investment Act of 1958;
``(iii) $1,000,000,000 in loans as provided in section
7(a)(21); and
``(iv) $40,000,000 in loans as provided in section
7(m).
``(C) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make--
``(i) $900,000,000 in purchases of participating
securities; and
``(ii) $800,000,000 in guarantees of debentures.
``(D) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Administration
is authorized to enter into guarantees not to exceed
$2,000,000,000, of which not more than $650,000,000 may be in
bonds approved pursuant to section 411(a)(3) of that Act.
``(E) The Administration is authorized to make grants or
enter cooperative agreements--
``(i) for the Service Corps of Retired Executives
program authorized by section 8(b)(1), $5,000,000; and
``(ii) for activities of small business development
centers pursuant to section 21(c)(3)(G), not to exceed
$15,000,000, to remain available until expended.
``(2) Additional authorizations.--
``(A) There are authorized to be appropriated to the
Administration for fiscal year 2000 such sums as may be
necessary to carry out this Act, including administrative
expenses and necessary loan capital for disaster loans pursuant
to section 7(b), and to carry out the Small Business Investment
Act of 1958, including salaries and expenses of the
Administration.
``(B) Notwithstanding subparagraph (A), for fiscal year
2000--
``(i) no funds are authorized to be provided to carry
out the loan program authorized by section 7(a)(21) except
by transfer from another Federal department or agency to
the Administration, unless the program level authorized for
general business loans under paragraph (1)(B)(i) is fully
funded; and
``(ii) the Administration may not approve loans on
behalf of the Administration or on behalf of any other
department or agency, by contract or otherwise, under terms
and conditions other than those specifically authorized
under this Act or the Small Business Investment Act of
1958, except that it may approve loans under section
7(a)(21) of this Act in gross amounts of not more than
$1,250,000.''.
Subtitle A--Microloan Program

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(a) Loan Limits.--Section 7(m)(3)(C) of the Small Business Act (15
U.S.C. 636(m)(3)(C)) is amended by striking ``$2,500,000'' and
inserting ``$3,500,000''.
(b) Loan Loss Reserve Fund.--Section 7(m)(3)(D) of the Small
Business Act (15 U.S.C. 636(m)(3)(D)) is amended by striking clauses
(i) and (ii), and inserting the following:
``(i) during the initial 5 years of the intermediary's
participation in the program under this subsection, at a
level equal to not more than 15 percent of the outstanding
balance of the notes receivable owed to the intermediary;
and
``(ii) in each year of participation thereafter, at a
level equal to not more than the greater of--
``(I) 2 times an amount reflecting the total losses
of the intermediary as a result of participation in the
program under this subsection, as determined by the
Administrator on a case-by-case basis; or
``(II) 10 percent of the outstanding balance of the
notes receivable owed to the intermediary.''.
(c) Authorization of Appropriations.--Section 7(m) of the Small
Business Act (15 U.S.C. 636(m)) is amended--
(1) in the subsection heading, by striking ``Demonstration'';
(2) by striking ``Demonstration'' each place that term appears;
(3) by striking ``demonstration'' each place that term appears;
and
(4) in paragraph (12), by striking ``during fiscal years 1995
through 1997'' and inserting ``during fiscal years 1998 through
2000''.
(d) Technical Assistance Grants.--Section 7(m) of the Small
Business Act (15 U.S.C. 636(m)) is amended--
(1) in paragraph (4)(E)--
(A) by striking ``Each intermediary'' and inserting the
following:
``(i) In general.--Each intermediary'';
(B) by striking ``15'' and inserting ``25''; and
(C) by adding at the end the following:
``(ii) Technical assistance.--An intermediary may
expend not more than 25 percent of the funds received under
paragraph (1)(B)(ii) to enter into third party contracts
for the provision of technical assistance.''; and
(2) in paragraph (5)(A)--
(A) by striking ``in each of the 5 years of the
demonstration program established under this subsection,''; and
(B) by striking ``for terms of up to 5 years'' and
inserting ``annually''.

9a9fa50ba3b899fc1f5cff7fb52beef0d765dee3da5cc3b55941ae650cb743ff

(a) Initiative.--Section 7(m) of the Small Business Act (15 U.S.C.
636(m)) is amended--
(1) in paragraph (1)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) to establish a welfare-to-work microloan initiative,
which shall be administered by the Administration, in order to
test the feasibility of supplementing the technical assistance
grants provided under clauses (ii) and (iii) of subparagraph
(B) to individuals who are receiving assistance under the State
program funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.), or under any comparable State
funded means tested program of assistance for low-income
individuals, in order to adequately assist those individuals
in--
``(I) establishing small businesses; and
``(II) eliminating their dependence on that
assistance.'';
(2) in paragraph (4), by adding at the end the following:
``(F) Supplemental grant.--
``(i) In general.--The Administration may accept any
funds transferred to the Administration from other
departments or agencies of the Federal Government to make
grants in accordance with this subparagraph and section
202(b) of the Small Business Reauthorization Act of 1997 to
participating intermediaries and technical assistance
providers under paragraph (5), for use in accordance with
clause (iii) to provide additional technical assistance and
related services to recipients of assistance under a State
program described in paragraph (1)(A)(iv) at the time they
initially apply for assistance under this subparagraph.
``(ii) Eligible recipients; grant amounts.--In making
grants under this subparagraph, the Administration may
select, from among participating intermediaries and
technical assistance providers described in clause (i), not
more than 20 grantees in fiscal year 1998, not more than 25
grantees in fiscal year 1999, and not more than 30 grantees
in fiscal year 2000, each of whom may receive a grant under
this subparagraph in an amount not to exceed $200,000 per
year.
``(iii) Use of grant amounts.--Grants under this
subparagraph--
``(I) are in addition to other grants provided
under this subsection and shall not require the
contribution of matching amounts as a condition of
eligibility; and
``(II) may be used by a grantee--
``(aa) to pay or reimburse a portion of child
care and transportation costs of recipients of
assistance described in clause (i), to the extent
such costs are not otherwise paid by State block
grants under the Child Care Development Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.) or under part
A of title IV of the Social Security Act (42 U.S.C.
601 et seq.); and
``(bb) for marketing, management, and technical
assistance to recipients of assistance described in
clause (i).
``(iv) Memorandum of understanding.--Prior to accepting
any transfer of funds under clause (i) from a department or
agency of the Federal Government, the Administration shall
enter into a Memorandum of Understanding with the
department or agency, which shall--
``(I) specify the terms and conditions of the
grants under this subparagraph; and
``(II) provide for appropriate monitoring of
expenditures by each grantee under this subparagraph
and each recipient of assistance described in clause
(i) who receives assistance from a grantee under this
subparagraph, in order to ensure compliance with this
subparagraph by those grantees and recipients of
assistance.'';
(3) in paragraph (6), by adding at the end the following:
``(E) Establishment of child care or transportation
businesses.--In addition to other eligible small businesses
concerns, borrowers under any program under this subsection may
include individuals who will use the loan proceeds to establish
for-profit or nonprofit child care establishments or businesses
providing for-profit transportation services.'';
(4) in paragraph (9)--
(A) by striking the paragraph designation and paragraph
heading and inserting the following:
``(9) Grants for management, marketing, technical assistance,
and related services.--''; and
(B) by adding at the end the following:
``(C) Welfare-to-work microloan initiative.--Of amounts
made available to carry out the welfare-to-work microloan
initiative under paragraph (1)(A)(iv) in any fiscal year, the
Administration may use not more than 5 percent to provide
technical assistance, either directly or through contractors,
to welfare-to-work microloan initiative grantees, to ensure
that, as grantees, they have the knowledge, skills, and
understanding of microlending and welfare-to-work transition,
and other related issues, to operate a successful welfare-to-
work microloan initiative.''; and
(5) by adding at the end the following:
``(13) Evaluation of welfare-to-work microloan initiative.--On
January 31, 1999, and annually thereafter, the Administration shall
submit to the Committees on Small Business of the House of
Representatives and the Senate a report on any monies distributed
pursuant to paragraph (4)(F).''.
(b) Transfer of Funds.--
(1) In general.--No funds are authorized to be appropriated or
otherwise provided to carry out the grant program under section
7(m)(4)(F) of the Small Business Act (15 U.S.C. 636(m)(4)(F)) (as
added by this section), except by transfer from another department
or agency of the Federal Government to the Administration in
accordance with this subsection.
(2) Limitation on amounts.--The total amount transferred to the
Administration from other departments and agencies of the Federal
Government to carry out the grant program under section 7(m)(4)(F)
of the Small Business Act (15 U.S.C. 636(m)(4)(F)) (as added by
this section) shall not exceed--
(A) $3,000,000 for fiscal year 1998;
(B) $4,000,000 for fiscal year 1999; and
(C) $5,000,000 for fiscal year 2000.
Subtitle B--Small Business Investment Company Program

f2546cbccd6236076491391611c766c68378fd8f10dba8290992ce35d3c746e2

Section 20(a)(2) of the Small Business Act (15 U.S.C. 631 note) is
amended in the last sentence by striking ``the following fiscal year''
and inserting ``any 1 or more of the 4 subsequent fiscal years''.

8e8c2de741ff181ec5ad89cf3febc2bcbe162dc7b895a726dd3edcb690331350

Section 301(c)(4)(B) of the Small Business Investment Act of 1958
(15 U.S.C. 681(c)(4)(B)) is amended to read as follows:
``(B) Leverage.--An applicant licensed pursuant to the
exception provided in this paragraph shall not be eligible to
receive leverage as a licensee until the applicant satisfies
the requirements of section 302(a), unless the applicant--
``(i) files an application for a license not later than
180 days after the date of enactment of the Small Business
Reauthorization Act of 1997;
``(ii) is located in a State that is not served by a
licensee; and
``(iii) agrees to be limited to 1 tier of leverage
available under section 302(b), until the applicant meets
the requirements of section 302(a).''.

4022ceb0197fc44f01eb663c37f5f6bb93e44f6f3f689b16680d23af7abd2823

Section 103(9)(B)(iii) of the Small Business Investment Act of 1958
(15 U.S.C. 662(9)(B)(iii)) is amended--
(1) by redesignating subclauses (I) and (II) as subclauses (II)
and (III), respectively; and
(2) by inserting before subclause (II) (as redesignated) the
following:
``(I) funds obtained from the business revenues
(excluding any governmental appropriation) of any
federally chartered or government-sponsored corporation
established prior to October 1, 1987;''.

cd941c37a8f74c5e8027de9fa221966a1c41268371edb973048c3b61f173423c

Section 301 of the Small Business Investment Act of 1958 (15 U.S.C.
681) is amended by adding at the end the following:
``(e) Fees.--
``(1) In general.--The Administration may prescribe fees to be
paid by each applicant for a license to operate as a small business
investment company under this Act.
``(2) Use of amounts.--Fees collected under this subsection--
``(A) shall be deposited in the account for salaries and
expenses of the Administration; and
``(B) are authorized to be appropriated solely to cover the
costs of licensing examinations.''.

284306cd8fea5da554c7e337b5333916355764a66663bad4f5035c88bfffcfa2

(a) Bank Investments.--Section 302(b) of the Small Business
Investment Act of 1958 (15 U.S.C. 682(b)) is amended by striking
``1956,'' and all that follows before the period and inserting the
following: ``1956, any national bank, or any member bank of the Federal
Reserve System or nonmember insured bank to the extent permitted under
applicable State law, may invest in any 1 or more small business
investment companies, or in any entity established to invest solely in
small business investment companies, except that in no event shall the
total amount of such investments of any such bank exceed 5 percent of
the capital and surplus of the bank''.
(b) Indexing for Leverage.--Section 303 of the Small Business
Investment Act of 1958 (15 U.S.C. 683) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by adding at the end the following:
``(D)(i) The dollar amounts in subparagraphs (A), (B), and
(C) shall be adjusted annually to reflect increases in the
Consumer Price Index established by the Bureau of Labor
Statistics of the Department of Labor.
``(ii) The initial adjustments made under this subparagraph
after the date of enactment of the Small Business
Reauthorization Act of 1997 shall reflect only increases from
March 31, 1993.''; and
(B) by striking paragraph (4) and inserting the following:
``(4) Maximum aggregate amount of leverage.--
``(A) In general.--Except as provided in subparagraph (B),
the aggregate amount of outstanding leverage issued to any
company or companies that are commonly controlled (as
determined by the Administrator) may not exceed $90,000,000, as
adjusted annually for increases in the Consumer Price Index.
``(B) Exceptions.--The Administrator may, on a case-by-case
basis--
``(i) approve an amount of leverage that exceeds the
amount described in subparagraph (A) for companies under
common control; and
``(ii) impose such additional terms and conditions as
the Administrator determines to be appropriate to minimize
the risk of loss to the Administration in the event of
default.
``(C) Applicability of other provisions.--Any leverage that
is issued to a company or companies commonly controlled in an
amount that exceeds $90,000,000, whether as a result of an
increase in the Consumer Price Index or a decision of the
Administrator, is subject to subsection (d).''; and
(2) by striking subsection (d) and inserting the following:
``(d) Required Certifications.--
``(1) In general.--The Administrator shall require each
licensee, as a condition of approval of an application for
leverage, to certify in writing--
``(A) for licensees with leverage less than or equal to
$90,000,000, that not less than 20 percent of the licensee's
aggregate dollar amount of financings will be provided to
smaller enterprises; and
``(B) for licensees with leverage in excess of $90,000,000,
that, in addition to satisfying the requirements of
subparagraph (A), 100 percent of the licensee's aggregate
dollar amount of financings made in whole or in part with
leverage in excess of $90,000,000 will be provided to smaller
enterprises (as defined in section 103(12)).
``(2) Multiple licensees.--Multiple licensees under common
control (as determined by the Administrator) shall be considered to
be a single licensee for purposes of determining both the
applicability of and compliance with the investment percentage
requirements of this subsection.''.
(c) Tax Distributions.--Section 303(g)(8) of the Small Business
Investment Act of 1958 (15 U.S.C. 683(g)(8)) is amended by adding at
the end the following: ``A company may also elect to make a
distribution under this paragraph at the end of any calendar quarter
based on a quarterly estimate of the maximum tax liability. If a
company makes 1 or more quarterly distributions for a calendar year,
and the aggregate amount of those distributions exceeds the maximum
amount that the company could have distributed based on a single annual
computation, any subsequent distribution by the company under this
paragraph shall be reduced by an amount equal to the excess amount
distributed.''.
(d) Leverage Fee.--Section 303(i) of the Small Business Investment
Act of 1958 (15 U.S.C. 683(i)) is amended by striking ``, payable
upon'' and all that follows before the period and inserting the
following: ``in the following manner: 1 percent upon the date on which
the Administration enters into any commitment for such leverage with
the licensee, and the balance of 2 percent (or 3 percent if no
commitment has been entered into by the Administration) on the date on
which the leverage is drawn by the licensee''.
(e) Periodic Issuance of Guarantees and Trust Certificates.--
Section 320 of the Small Business Investment Act of 1958 (15 U.S.C.
687m) is amended by striking ``three months'' and inserting ``6
months''.

40a2efab93331714e43d143157d4d2c9d145fccf43b76c1d67673bec884d674d

Section 310(b) of the Small Business Investment Act of 1958 (15
U.S.C. 687b(b)) is amended by inserting after the first sentence the
following: ``Fees collected under this subsection shall be deposited in
the account for salaries and expenses of the Administration, and are
authorized to be appropriated solely to cover the costs of examinations
and other program oversight activities.''.
Subtitle C--Certified Development Company Program

4a7ba9786a9c07e12dc4de15a584ecbe10246505936ed6f606858d6c0f70428a

EXPANSION.
Section 502 of the Small Business Investment Act of 1958 (15 U.S.C.
696) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Use of proceeds.--The proceeds of any such loan shall be
used solely by the borrower to assist 1 or more identifiable small
business concerns and for a sound business purpose approved by the
Administration.'';
(2) in paragraph (3), by adding at the end the following:
``(D) Seller financing.--Seller-provided financing may be
used to meet the requirements of subparagraph (B), if the
seller subordinates the interest of the seller in the property
to the debenture guaranteed by the Administration.
``(E) Collateralization.--The collateral provided by the
small business concern shall generally include a subordinate
lien position on the property being financed under this title,
and is only 1 of the factors to be evaluated in the credit
determination. Additional collateral shall be required only if
the Administration determines, on a case-by-case basis, that
additional security is necessary to protect the interest of the
Government.''; and
(3) by adding at the end the following:
``(5) Limitation on leasing.--In addition to any portion of the
project permitted to be leased under paragraph (4), not to exceed
20 percent of the project may be leased by the assisted small
business to 1 or more other tenants, if the assisted small business
occupies permanently and uses not less than a total of 60 percent
of the space in the project after the execution of any leases
authorized under this section.''.

19cce2f934446ee7996ecaa1a61bcbdb04999be268adb7f7a3aeff8417d9b8cb

Section 503 of the Small Business Investment Act of 1958 (15 U.S.C.
697) is amended--
(1) in subsection (b)(7), by striking subparagraph (A) and
inserting the following:
``(A) assesses and collects a fee, which shall be payable
by the borrower, in an amount established annually by the
Administration, which amount shall not exceed the lesser of--
``(i) 0.9375 percent per year of the outstanding
balance of the loan; and
``(ii) the minimum amount necessary to reduce the cost
(as defined in section 502 of the Federal Credit Reform Act
of 1990) to the Administration of purchasing and
guaranteeing debentures under this Act to zero; and''; and
(2) in subsection (f), by striking ``1997'' and inserting
``2000''.

96ee6327a57ded09cf2fdf9ae739a97e8f4033602352749a1eaeac56e381ff58

(a) In General.--Section 508 of the Small Business Investment Act
of 1958 (15 U.S.C. 697e) is amended--
(1) in subsection (a), by striking ``not more than 15'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``if such company'';
(ii) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) if the company is an active certified development
company in good standing and has been an active participant in
the accredited lenders program during the entire 12-month
period preceding the date on which the company submits an
application under paragraph (1), except that the Administration
may waive this requirement if the company is qualified to
participate in the accredited lenders program;
``(B) if the company has a history of--
``(i) submitting to the Administration adequately
analyzed debenture guarantee application packages; and
``(ii) of properly closing section 504 loans and
servicing its loan portfolio;'';
(iii) in subparagraph (C)--
(I) by inserting ``if the company'' after ``(C)'';
and
(II) by striking the period at the end and
inserting ``; and''; and
(iv) by adding at the end the following:
``(D) the Administrator determines, with respect to the
company, that the loss reserve established in accordance with
subsection (c)(2) is sufficient for the company to meet its
obligations to protect the Federal Government from risk of
loss.''; and
(B) by adding at the end the following:
``(3) Applicability of criteria after designation.--The
Administrator may revoke the designation of a certified development
company as a premier certified lender under this section at any
time, if the Administrator determines that the certified
development company does not meet any requirement described in
subparagraphs (A) through (D) of paragraph (2).'';
(3) by striking subsection (c) and inserting the following:
``(c) Loss Reserve.--
``(1) Establishment.--A company designated as a premier
certified lender shall establish a loss reserve for financing
approved pursuant to this section.
``(2) Amount.--The amount of each loss reserve established
under paragraph (1) shall be 10 percent of the amount of the
company's exposure, as determined under subsection (b)(2)(C).
``(3) Assets.--Each loss reserve established under paragraph
(1) shall be comprised of--
``(A) segregated funds on deposit in an account or accounts
with a federally insured depository institution or institutions
selected by the company, subject to a collateral assignment in
favor of, and in a format acceptable to, the Administration;
``(B) irrevocable letter or letters of credit, with a
collateral assignment in favor of, and a commercially
reasonable format acceptable to, the Administration; or
``(C) any combination of the assets described in
subparagraphs (A) and (B).
``(4) Contributions.--The company shall make contributions to
the loss reserve, either cash or letters of credit as provided
above, in the following amounts and at the following intervals:
``(A) 50 percent when a debenture is closed.
``(B) 25 percent additional not later than 1 year after a
debenture is closed.
``(C) 25 percent additional not later than 2 years after a
debenture is closed.
``(5) Replenishment.--If a loss has been sustained by the
Administration, any portion of the loss reserve, and other funds
provided by the premier company as necessary, may be used to
reimburse the Administration for the premier company's 10 percent
share of the loss as provided in subsection (b)(2)(C). If the
company utilizes the reserve, within 30 days it shall replace an
equivalent amount of funds.
``(6) Disbursements.--The Administration shall allow the
certified development company to withdraw from the loss reserve
amounts attributable to any debenture that has been repaid.'';
(4) in subsection (d)(1), by striking ``to approve loans'' and
inserting ``to approve, authorize, close, service, foreclose,
litigate (except that the Administration may monitor the conduct of
any such litigation to which a premier certified lender is a
party), and liquidate loans'';
(5) in subsection (f), by striking ``State or local'' and
inserting ``certified'';
(6) in subsection (g), by striking the subsection heading and
inserting the following:
``(g) Effect of Suspension or Revocation.--'';
(7) by striking subsection (h) and inserting the following:
``(h) Program Goals.--Each certified development company
participating in the program under this section shall establish a goal
of processing a minimum of not less than 50 percent of the loan
applications for assistance under section 504 pursuant to the program
authorized under this section.''; and
(8) in subsection (i), by striking ``other lenders'' and
inserting ``other lenders, specifically comparing default rates and
recovery rates on liquidations''.
(b) Regulations.--The Administrator shall--
(1) not later than 150 days after the date of enactment of this
Act, promulgate regulations to carry out the amendments made by
subsection (a); and
(2) not later than 180 days after the date of enactment of this
Act, issue program guidelines and fully implement the amendments
made by subsection (a).
(c) Program Extension.--Section 217(b) of the Small Business
Reauthorization and Amendments Act of 1994 (15 U.S.C. 697e note) is
amended by striking ``October 1, 1997'' and inserting ``October 1,
2000''.
Subtitle D--Miscellaneous Provisions

ebb0e360419ae445d276f56931558e15ec2e1ec8ad62c0f7f73f14376a206126

Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended--
(1) by striking ``(a) The Administration'' and inserting the
following:
``(a) Loans to Small Business Concerns; Allowable Purposes;
Qualified Business; Restrictions and Limitations.--The
Administration''; and
(2) in paragraph (1)--
(A) by striking ``(1) No financial'' and inserting the
following:
``(1) In general.--
``(A) Credit elsewhere.--No financial''; and
(B) by adding at the end the following:
``(B) Background checks.--Prior to the approval of any loan
made pursuant to this subsection, or section 503 of the Small
Business Investment Act of 1958, the Administrator may verify
the applicant's criminal background, or lack thereof, through
the best available means, including, if possible, use of the
National Crime Information Center computer system at the
Federal Bureau of Investigation.''.

fee631027864d6b084f8d66b0f1fa9eb22c0c9224004f7bd7ddf5d26c35bd8ff

LIQUIDATION, AND LITIGATION OF SECTION 7(A) LOANS.
(a) In General.--
(1) Submission.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall submit to the
Committees a report on action taken and planned for future reliance
on private sector lender resources to originate, approve, close,
service, liquidate, foreclose, and litigate loans made under
section 7(a) of the Small Business Act.
(2) Contents.--The report under this subsection shall address
administrative and other steps necessary to achieve the results
described in paragraph (1), including--
(A) streamlining the process for approving lenders and
standardizing requirements;
(B) establishing uniform reporting requirements using on-
line automated capabilities to the maximum extent feasible;
(C) reducing paperwork through automation, simplified
forms, or incorporation of lender's forms;
(D) providing uniform standards for approval, closing,
servicing, foreclosure, and liquidation;
(E) promulgating new regulations or amending existing ones;
(F) establishing a timetable for implementing the plan for
reliance on private sector lenders;
(G) implementing organizational changes at SBA; and
(H) estimating the annual savings that would occur as a
result of implementation.
(b) Consultation.--In preparing the report under subsection (a),
the Administrator shall consult with, among others--
(1) borrowers and lenders under section 7(a) of the Small
Business Act;
(2) small businesses that are potential program participants
under section 7(a) of the Small Business Act;
(3) financial institutions that are potential program lenders
under section 7(a) of the Small Business Act; and
(4) representative industry associations.

bf0816e9c9ffb40158116657cd62e49b19c2f2bd47647667069e6b6f627607f2

(a) In General.--The Administrator shall perform and complete the
planning needed to serve as the basis for funding the development and
implementation of the computerized loan monitoring system, including--
(1) fully defining the system requirement using on-line,
automated capabilities to the extent feasible;
(2) identifying all data inputs and outputs necessary for
timely report generation;
(3) benchmark loan monitoring business processes and systems
against comparable industry processes and, if appropriate, simplify
or redefine work processes based on these benchmarks;
(4) determine data quality standards and control systems for
ensuring information accuracy;
(5) identify an acquisition strategy and work increments to
completion;
(6) analyze the benefits and costs of alternatives and use to
demonstrate the advantage of the final project;
(7) ensure that the proposed information system is consistent
with the agency's information architecture; and
(8) estimate the cost to system completion, identifying the
essential cost element.
(b) Report.--
(1) In general.--On the date that is 6 months after the date of
enactment of this Act, the Administrator shall submit a report on
the progress of the Administrator in carrying out subsection (a)
to--
(A) the Committees; and
(B) the Comptroller General of the United States.
(2) Evaluation.--Not later than 28 days after receipt of the
report under paragraph (1)(B), the Comptroller General of the
United States shall--
(A) prepare a written evaluation of the report for
compliance with subsection (a); and
(B) submit the evaluation to the Committees.
(3) Limitation.--None of the funds provided for the purchase of
the loan monitoring system may be obligated or expended until 45
days after the date on which the Committees and the Comptroller
General of the United States receive the report under paragraph
(1).

c94c92810c590a87d40360aec6a89b955bedb6a8e5446e1bc5c2724f8c4f514b

Section 403 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended--
(1) in subsection (a)(2)(A)--
(A) by striking ``and Amendments Act of 1994'' and
inserting ``Act of 1997''; and
(B) by inserting before the final period ``, and who shall
report directly to the head of the agency on the status of the
activities of the Interagency Committee'';
(2) in subsection (a)(2)(B), by inserting before the final
period the following: ``and shall report directly to the
Administrator on the status of the activities on the Interagency
Committee and shall serve as the Interagency Committee Liaison to
the National Women's Business Council established under section
405''; and
(3) in subsection (b), by striking ``and Amendments Act of
1994'' and inserting ``Act of 1997''.

b69886504ca77f031ee01344fd8ebc7a5b8e501cc6242d7c60e86d90408e7969

Section 404 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended--
(1) by inserting ``, through the Small Business
Administration,'' after ``transmit'';
(2) by striking paragraph (1) and redesignating paragraphs (2)
through (4) as paragraphs (1) through (3), respectively; and
(3) in paragraph (1), as redesignated, by inserting before the
semicolon the following: ``, including a verbatim report on the
status of progress of the Interagency Committee in meeting its
responsibilities and duties under section 402(a)''.

31fae978749b31416e8e73f79ffab669b48d9261dcfae2fab837133bb249a2c5

Section 406 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended--
(1) in subsection (c), by inserting after ``Administrator'' the
following: ``(through the Assistant Administrator of the Office of
Women's Business Ownership)''; and
(2) in subsection (d)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(6) not later than 90 days after the last day of each fiscal
year, submit to the President and to the Committee on Small
Business of the Senate and the Committee on Small Business of the
House of Representatives, a report containing--
``(A) a detailed description of the activities of the
council, including a status report on the Council's progress
toward meeting its duties outlined in subsections (a) and (d)
of section 406;
``(B) the findings, conclusions, and recommendations of the
Council; and
``(C) the Council's recommendations for such legislation
and administrative actions as the Council considers appropriate
to promote the development of small business concerns owned and
controlled by women.
``(e) Form of Transmittal.--The information included in each report
under subsection (d) that is described in subparagraphs (A) through (C)
of subsection (d)(6), shall be reported verbatim, together with any
separate additional, concurring, or dissenting views of the
Administrator.''.

c322cce7ac75408098e9e3819a527901ea85a9fcd9bc649240fe9458c9409168

Section 407 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended--
(1) in subsection (a), by striking ``and Amendments Act of
1994'' and inserting ``Act of 1997'';
(2) in subsection (b)--
(A) by striking ``and Amendments Act of 1994'' and
inserting ``Act of 1997'';
(B) by inserting after ``the Administrator shall'' the
following: ``, after receiving the recommendations of the
Chairman and the Ranking Member of the Committees on Small
Business of the House of Representatives and the Senate,'';
(C) by striking ``9'' and inserting ``14'';
(D) in paragraph (1), by striking ``2'' and inserting
``4'';
(E) in paragraph (2), by striking ``2'' and inserting
``4''; and
(F) in paragraph (3)--
(i) by striking ``5'' and inserting ``6'';
(ii) by striking ``national''; and
(iii) by inserting ``, including representatives of
women's business center sites'' before the period at the
end;
(3) in subsection (c), by inserting ``(including both urban and
rural areas)'' after ``geographic'';
(4) by striking subsection (d) and inserting the following:
``(d) Terms.--Each member of the Council shall be appointed for a
term of 3 years, except that, of the initial members appointed to the
Council--
``(1) 2 members appointed under subsection (b)(1) shall be
appointed for a term of 1 year;
``(2) 2 members appointed under subsection (b)(2) shall be
appointed for a term of 1 year; and
``(3) each member appointed under subsection (b)(3) shall be
appointed for a term of 2 years.''; and
(5) by striking subsection (f) and inserting the following:
``(f) Vacancies.--
``(1) In general.--A vacancy on the Council shall be filled not
later than 30 days after the date on which the vacancy occurs, in
the manner in which the original appointment was made, and shall be
subject to any conditions that applied to the original appointment.
``(2) Unexpired term.--An individual chosen to fill a vacancy
shall be appointed for the unexpired term of the member
replaced.''.

8d9f7c5045b9d8574e3af42ddb72881357c8d686b1ac3e6bac0796302d1ce3af

Section 409 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended to read as follows:
``SEC. 411. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this title $600,000, for each of fiscal years 1998 through 2000, of
which $200,000 shall be available in each fiscal year to carry out
sections 409 and 410.
``(b) Budget Review.--No amount made available under this section
for any fiscal year may be obligated or expended by the Council before
the date on which the Council reviews and approves the operating budget
of the Council to carry out the responsibilities of the Council for
that fiscal year.''.

98d4dceb1cb0b2f29e7c36f88f6b6e08817f6abd08b31e936c31f4db48749a1f

The Women's Business Ownership Act of 1988 (15 U.S.C. 631 note) is
amended by inserting after section 408 the following:
``SEC. 409. NATIONAL WOMEN'S BUSINESS COUNCIL PROCUREMENT PROJECT.
``(a) Federal Procurement Study.--
``(1) In general.--During the first fiscal year for which
amounts are made available to carry out this section, the Council
shall conduct a study on the award of Federal prime contracts and
subcontracts to women-owned businesses, which study shall include--
``(A) an analysis of data collected by Federal agencies on
contract awards to women-owned businesses;
``(B) a determination of the degree to which individual
Federal agencies are in compliance with the 5 percent women-
owned business procurement goal established by section 15(g)(1)
of the Small Business Act (15 U.S.C. 644(g)(1));
``(C) a determination of the types and amounts of Federal
contracts characteristically awarded to women-owned businesses;
and
``(D) other relevant information relating to participation
of women-owned businesses in Federal procurement.
``(2) Submission of results.--Not later than 12 months after
initiating the study under paragraph (1), the Council shall submit
to the Committees on Small Business of the House of Representatives
and the Senate, and to the President, the results of the study
conducted under paragraph (1).
``(b) Best Practices Report.--Not later than 18 months after
initiating the study under subsection (a)(1), the Council shall submit
to the Committees on Small Business of the House of Representatives and
the Senate, and to the President, a report, which shall include--
``(1) an analysis of the most successful practices in
attracting women-owned businesses as prime contractors and
subcontractors by--
``(A) Federal agencies (as supported by findings from the
study required under subsection (a)(1)) in Federal procurement
awards; and
``(B) the private sector; and
``(2) recommendations for policy changes in Federal procurement
practices, including an increase in the Federal procurement goal
for women-owned businesses, in order to maximize the number of
women-owned businesses performing Federal contracts.
``(c) Contract Authority.--In conducting any study or other
research under this section, the Council may contract with 1 or more
public or private entities.''.

8934cd19fd09c732943eb0b2f9012eb33499dac76ce66d67aa7489616ea1ac9c

The Women's Business Ownership Act of 1988 (15 U.S.C. 631 note) is
amended by inserting after section 409 (as added by section 306 of this
title) the following:
``SEC. 410. STUDIES AND OTHER RESEARCH.
``(a) In General.--To the extent that it does not delay submission
of the report under section 409(b), the Council may also conduct such
studies and other research relating to the award of Federal prime
contracts and subcontracts to women-owned businesses, or to issues
relating to access to credit and investment capital by women
entrepreneurs, as the Council determines to be appropriate.
``(b) Contract Authority.--In conducting any study or other
research under this section, the Council may contract with 1 or more
public or private entities.''.

3125633093f9caa8798e1ba403d931e4401af034570617d8db6c1c2da9bde151

(a) In General.--Section 29 of the Small Business Act (15 U.S.C.
656) is amended to read as follows:
``SEC. 29. WOMEN'S BUSINESS CENTER PROGRAM.
``(a) Definitions.--In this section--
``(1) the term `Assistant Administrator' means the Assistant
Administrator of the Office of Women's Business Ownership
established under subsection (g);
``(2) the term `small business concern owned and controlled by
women', either startup or existing, includes any small business
concern--
``(A) that is not less than 51 percent owned by 1 or more
women; and
``(B) the management and daily business operations of which
are controlled by 1 or more women; and
``(3) the term `women's business center site' means the
location of--
``(A) a women's business center; or
``(B) 1 or more women's business centers, established in
conjunction with another women's business center in another
location within a State or region--
``(i) that reach a distinct population that would
otherwise not be served;
``(ii) whose services are targeted to women; and
``(iii) whose scope, function, and activities are
similar to those of the primary women's business center or
centers in conjunction with which it was established.
``(b) Authority.--The Administration may provide financial
assistance to private organizations to conduct 5-year projects for the
benefit of small business concerns owned and controlled by women. The
projects shall provide--
``(1) financial assistance, including training and counseling
in how to apply for and secure business credit and investment
capital, preparing and presenting financial statements, and
managing cash flow and other financial operations of a business
concern;
``(2) management assistance, including training and counseling
in how to plan, organize, staff, direct, and control each major
activity and function of a small business concern; and
``(3) marketing assistance, including training and counseling
in identifying and segmenting domestic and international market
opportunities, preparing and executing marketing plans, developing
pricing strategies, locating contract opportunities, negotiating
contracts, and utilizing varying public relations and advertising
techniques.
``(c) Conditions of Participation.--
``(1) Non-federal contributions.--As a condition of receiving
financial assistance authorized by this section, the recipient
organization shall agree to obtain, after its application has been
approved and notice of award has been issued, cash contributions
from non-Federal sources as follows:
``(A) in the first and second years, 1 non-Federal dollar
for each 2 Federal dollars;
``(B) in the third and fourth years, 1 non-Federal dollar
for each Federal dollar; and
``(C) in the fifth year, 2 non-Federal dollars for each
Federal dollar.
``(2) Form of non-federal contributions.--Not more than one-
half of the non-Federal sector matching assistance may be in the
form of in-kind contributions that are budget line items only,
including office equipment and office space.
``(3) Form of federal contributions.--The financial assistance
authorized pursuant to this section may be made by grant, contract,
or cooperative agreement and may contain such provision, as
necessary, to provide for payments in lump sum or installments, and
in advance or by way of reimbursement. The Administration may
disburse up to 25 percent of each year's Federal share awarded to a
recipient organization after notice of the award has been issued
and before the non-Federal sector matching funds are obtained.
``(4) Failure to obtain non-federal funding.--If any recipient
of assistance fails to obtain the required non-Federal contribution
during any project, it shall not be eligible thereafter for advance
disbursements pursuant to paragraph (3) during the remainder of
that project, or for any other project for which it is or may be
funded by the Administration, and prior to approving assistance to
such organization for any other projects, the Administration shall
specifically determine whether the Administration believes that the
recipient will be able to obtain the requisite non-Federal funding
and enter a written finding setting forth the reasons for making
such determination.
``(d) Contract Authority.--A women's business center may enter into
a contract with a Federal department or agency to provide specific
assistance to women and other underserved small business concerns.
Performance of such contract should not hinder the women's business
centers in carrying out the terms of the grant received by the women's
business centers from the Administration.
``(e) Submission of 5-Year Plan.--Each applicant organization
initially shall submit a 5-year plan to the Administration on proposed
fundraising and training activities, and a recipient organization may
receive financial assistance under this program for a maximum of 5
years per women's business center site.
``(f) Criteria.--The Administration shall evaluate and rank
applicants in accordance with predetermined selection criteria that
shall be stated in terms of relative importance. Such criteria and
their relative importance shall be made publicly available and stated
in each solicitation for applications made by the Administration. The
criteria shall include--
``(1) the experience of the applicant in conducting programs or
ongoing efforts designed to impart or upgrade the business skills
of women business owners or potential owners;
``(2) the present ability of the applicant to commence a
project within a minimum amount of time;
``(3) the ability of the applicant to provide training and
services to a representative number of women who are both socially
and economically disadvantaged; and
``(4) the location for the women's business center site
proposed by the applicant.
``(g) Office of Women's Business Ownership.--
``(1) Establishment.--There is established within the
Administration an Office of Women's Business Ownership, which shall
be responsible for the administration of the Administration's
programs for the development of women's business enterprises (as
defined in section 408 of the Women's Business Ownership Act of
1988 (15 U.S.C. 631 note)). The Office of Women's Business
Ownership shall be administered by an Assistant Administrator, who
shall be appointed by the Administrator.
``(2) Assistant administrator of the office of women's business
ownership.--
``(A) Qualification.--The position of Assistant
Administrator shall be a Senior Executive Service position
under section 3132(a)(2) of title 5, United States Code. The
Assistant Administrator shall serve as a noncareer appointee
(as defined in section 3132(a)(7) of that title).
``(B) Responsibilities and duties.--
``(i) Responsibilities.--The responsibilities of the
Assistant Administrator shall be to administer the programs
and services of the Office of Women's Business Ownership
established to assist women entrepreneurs in the areas of--
``(I) starting and operating a small business;
``(II) development of management and technical
skills;
``(III) seeking Federal procurement opportunities;
and
``(IV) increasing the opportunity for access to
capital.
``(ii) Duties.--The Assistant Administrator shall--
``(I) administer and manage the Women's Business
Center program;
``(II) recommend the annual administrative and
program budgets for the Office of Women's Business
Ownership (including the budget for the Women's
Business Center program);
``(III) establish appropriate funding levels
therefore;
``(IV) review the annual budgets submitted by each
applicant for the Women's Business Center program;
``(V) select applicants to participate in the
program under this section;
``(VI) implement this section;
``(VII) maintain a clearinghouse to provide for the
dissemination and exchange of information between
women's business centers;
``(VIII) serve as the vice chairperson of the
Interagency Committee on Women's Business Enterprise;
``(IX) serve as liaison for the National Women's
Business Council; and
``(X) advise the Administrator on appointments to
the Women's Business Council.
``(C) Consultation requirements.--In carrying out the
responsibilities and duties described in this paragraph, the
Assistant Administrator shall confer with and seek the advice
of the Administration officials in areas served by the women's
business centers.
``(h) Program Examination.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Small Business Reauthorization Act of 1997, the
Administrator shall develop and implement an annual programmatic
and financial examination of each women's business center
established pursuant to this section.
``(2) Extension of contracts.--In extending or renewing a
contract with a women's business center, the Administrator shall
consider the results of the examination conducted under paragraph
(1).
``(i) Contract Authority.--The authority of the Administrator to
enter into contracts shall be in effect for each fiscal year only to
the extent and in the amounts as are provided in advance in
appropriations Acts. After the Administrator has entered into a
contract, either as a grant or a cooperative agreement, with any
applicant under this section, it shall not suspend, terminate, or fail
to renew or extend any such contract unless the Administrator provides
the applicant with written notification setting forth the reasons
therefore and affords the applicant an opportunity for a hearing,
appeal, or other administrative proceeding under chapter 5 of title 5,
United States Code.
``(j) Report.--The Administrator shall prepare and submit an annual
report to the Committees on Small Business of the House of
Representatives and the Senate on the effectiveness of all projects
conducted under the authority of this section. Such report shall
provide information concerning--
``(1) the number of individuals receiving assistance;
``(2) the number of startup business concerns formed;
``(3) the gross receipts of assisted concerns;
``(4) increases or decreases in profits of assisted concerns;
and
``(5) the employment increases or decreases of assisted
concerns.
``(k) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$8,000,000 for each fiscal year to carry out the projects
authorized under this section, of which, for fiscal year 1998, not
more than 5 percent may be used for administrative expenses related
to the program under this section.
``(2) Use of amounts.--Amounts made available under this
subsection for fiscal year 1999, and each fiscal year thereafter,
may only be used for grant awards and may not be used for costs
incurred by the Administration in connection with the management
and administration of the program under this section.
``(3) Expedited acquisition.--Notwithstanding any other
provision of law, the Administrator, acting through the Assistant
Administrator, may use such expedited acquisition methods as the
Administrator determines to be appropriate to carry out this
section, except that the Administrator shall ensure that all small
business sources are provided a reasonable opportunity to submit
proposals.''.
(b) Applicability.--
(1) In general.--Subject to paragraph (2), any organization
conducting a 3-year project under section 29 of the Small Business
Act (15 U.S.C. 656) (as in effect on the day before the effective
date of this Act) on September 30, 1997, may request an extension
of the term of that project to a total term of 5 years. If such an
extension is made, the organization shall receive financial
assistance in accordance with section 29(c) of the Small Business
Act (as amended by this section) subject to procedures established
by the Administrator, in coordination with the Assistant
Administrator of the Office of Women's Business Ownership
established under section 29 of the Small Business Act (15 U.S.C.
656) (as amended by this section).
(2) Terms of assistance for certain organizations.--Any
organization operating in the third year of a 3-year project under
section 29 of the Small Business Act (15 U.S.C. 656) (as in effect
on the day before the effective date of this Act) on September 30,
1997, may request an extension of the term of that project to a
total term of 5 years. If such an extension is made, during the
fourth and fifth years of the project, the organization shall
receive financial assistance in accordance with section 29(c)(1)(C)
of the Small Business Act (as amended by this section) subject to
procedures established by the Administrator, in coordination with
the Assistant Administrator of the Office of Women's Business
Ownership established under section 29 of the Small Business Act
(15 U.S.C. 656) (as amended by this section).
Subtitle A--Small Business Competitiveness Program

5602a1168949fd2194f9e1c3375ded233916cec63def069b5150c59a76cf5b10

Section 711(c) of the Small Business Competitiveness Demonstration
Program Act of 1988 (15 U.S.C. 644 note) is amended by striking ``, and
terminate on September 30, 1997''.

914f864a046f2ea316c47ef822c1e40f744b8e8d914f99426b8f2332d19289ed

Section 712(d)(1) of the Small Business Competitiveness
Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended to
read as follows:
``(1) Participating agencies shall monitor the attainment of
their small business participation goals on an annual basis. An
annual review by each participating agency shall be completed not
later than January 31 of each year, based on the data for the
preceding fiscal year, from October 1 through September 30.''.

283e567c54e460dd4930dd160dd7765e4aac2527a091e5592e3d2e182e0f4783

Section 716(a) of the Small Business Competitiveness Demonstration
Program Act of 1988 (15 U.S.C. 644 note) is amended--
(1) by striking ``1996'' and inserting ``2000'';
(2) by striking ``for Federal Procurement Policy'' and
inserting ``of the Small Business Administration''; and
(3) by striking ``Government Operations'' and inserting
``Government Reform and Oversight''.

eb1f64ad08b92a1263e6e4ce55b37fee644f087d2ad3c694f9eeae95fb225ad8

Section 722(a) of the Small Business Competitiveness Demonstration
Program Act of 1988 (15 U.S.C. 644 note) is amended by striking ``and
terminating on September 30, 1997''.

e782312d613c8a0559b82bab6d80709d3ad7276ca3f20fc067506ac28635920a

Section 717 of the Small Business Competitiveness Demonstration
Program Act of 1988 (15 U.S.C. 644 note) is amended--
(1) by inserting ``or North American Industrial Classification
Code'' after ``standard industrial classification code'' each place
it appears; and
(2) by inserting ``or North American Industrial Classification
Codes'' after ``standard industrial classification codes'' each
place it appears.
Subtitle B--Small Business Procurement Opportunities Program

0544e677f3cffdb98a1f5a2a16c1fb5f85b964246d04de4d3b4c351b1aa215b1

Section 2 of the Small Business Act (15 U.S.C. 631) is amended by
adding at the end the following:
``(j) Contract Bundling.--In complying with the statement of
congressional policy expressed in subsection (a), relating to fostering
the participation of small business concerns in the contracting
opportunities of the Government, each Federal agency, to the maximum
extent practicable, shall--
``(1) comply with congressional intent to foster the
participation of small business concerns as prime contractors,
subcontractors, and suppliers;
``(2) structure its contracting requirements to facilitate
competition by and among small business concerns, taking all
reasonable steps to eliminate obstacles to their participation; and
``(3) avoid unnecessary and unjustified bundling of contract
requirements that precludes small business participation in
procurements as prime contractors.''.

7c513736274142cb033c045a31dac963236203fb0572b260397344261036993c

Section 3 of the Small Business Act (15 U.S.C. 632) is amended by
adding at the end the following:
``(o) Definitions of Bundling of Contract Requirements and Related
Terms.--In this Act:
``(1) Bundled contract.--The term `bundled contract' means a
contract that is entered into to meet requirements that are
consolidated in a bundling of contract requirements.
``(2) Bundling of contract requirements.--The term `bundling of
contract requirements' means consolidating 2 or more procurement
requirements for goods or services previously provided or performed
under separate smaller contracts into a solicitation of offers for
a single contract that is likely to be unsuitable for award to a
small-business concern due to--
``(A) the diversity, size, or specialized nature of the
elements of the performance specified;
``(B) the aggregate dollar value of the anticipated award;
``(C) the geographical dispersion of the contract
performance sites; or
``(D) any combination of the factors described in
subparagraphs (A), (B), and (C).
``(3) Separate smaller contract.--The term `separate smaller
contract', with respect to a bundling of contract requirements,
means a contract that has been performed by 1 or more small
business concerns or was suitable for award to 1 or more small
business concerns.''.

3d23c21ffd245d6306ac6cb40c0eb8a92b55ae1244ad1bb57205d6b0190095d3

(a) In General.--Section 15 of the Small Business Act (15 U.S.C.
644) is amended by inserting after subsection (d) the following:
``(e) Procurement Strategies; Contract Bundling.--
``(1) In general.--To the maximum extent practicable,
procurement strategies used by the various agencies having
contracting authority shall facilitate the maximum participation of
small business concerns as prime contractors, subcontractors, and
suppliers.
``(2) Market research.--
``(A) In general.--Before proceeding with an acquisition
strategy that could lead to a contract containing consolidated
procurement requirements, the head of an agency shall conduct
market research to determine whether consolidation of the
requirements is necessary and justified.
``(B) Factors.--For purposes of subparagraph (A),
consolidation of the requirements may be determined as being
necessary and justified if, as compared to the benefits that
would be derived from contracting to meet those requirements if
not consolidated, the Federal Government would derive from the
consolidation measurably substantial benefits, including any
combination of benefits that, in combination, are measurably
substantial. Benefits described in the preceding sentence may
include the following:
``(i) Cost savings.
``(ii) Quality improvements.
``(iii) Reduction in acquisition cycle times.
``(iv) Better terms and conditions.
``(v) Any other benefits.
``(C) Reduction of costs not determinative.--The reduction
of administrative or personnel costs alone shall not be a
justification for bundling of contract requirements unless the
cost savings are expected to be substantial in relation to the
dollar value of the procurement requirements to be
consolidated.
``(3) Strategy specifications.--If the head of a contracting
agency determines that a proposed procurement strategy for a
procurement involves a substantial bundling of contract
requirements, the proposed procurement strategy shall--
``(A) identify specifically the benefits anticipated to be
derived from the bundling of contract requirements;
``(B) set forth an assessment of the specific impediments
to participation by small business concerns as prime
contractors that result from the bundling of contract
requirements and specify actions designed to maximize small
business participation as subcontractors (including suppliers)
at various tiers under the contract or contracts that are
awarded to meet the requirements; and
``(C) include a specific determination that the anticipated
benefits of the proposed bundled contract justify its use.
``(4) Contract teaming.--In the case of a solicitation of
offers for a bundled contract that is issued by the head of an
agency, a small-business concern may submit an offer that provides
for use of a particular team of subcontractors for the performance
of the contract. The head of the agency shall evaluate the offer in
the same manner as other offers, with due consideration to the
capabilities of all of the proposed subcontractors. If a small
business concern teams under this paragraph, it shall not affect
its status as a small business concern for any other purpose.''.
(b) Administration Review.--Section 15(a) of the Small Business Act
(15 U.S.C. 644(a)) is amended in the third sentence--
(1) by inserting ``or the solicitation involves an unnecessary
or unjustified bundling of contract requirements, as determined by
the Administration,'' after ``discrete construction projects,'';
(2) by striking ``or (4)'' and inserting ``(4)''; and
(3) by inserting before the period at the end of the sentence
the following: ``, or (5) why the agency has determined that the
bundled contract (as defined in section 3(o)) is necessary and
justified''.
(c) Responsibilities of Agency Small Business Advocates.--Section
15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended--
(1) by redesignating paragraphs (5) through (9) as paragraphs
(6) through (10), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) identify proposed solicitations that involve significant
bundling of contract requirements, and work with the agency
acquisition officials and the Administration to revise the
procurement strategies for such proposed solicitations where
appropriate to increase the probability of participation by small
businesses as prime contractors, or to facilitate small business
participation as subcontractors and suppliers, if a solicitation
for a bundled contract is to be issued;''.

11a43d4b5b419ba87e7c1fdc1bd1409c0609ea22b34a843f674815e128b8f0e7

(a) Data Collection Required.--The Federal Procurement Data System
described in section 6(d)(4)(A) of the Office of Federal Procurement
Policy Act (41 U.S.C. 405(d)(4)(A)) shall be modified to collect data
regarding bundling of contract requirements when the contracting
officer anticipates that the resulting contract price, including all
options, is expected to exceed $5,000,000. The data shall reflect a
determination made by the contracting officer regarding whether a
particular solicitation constitutes a contract bundling.
(b) Definitions.--In this section, the term ``bundling of contract
requirements'' has the meaning given that term in section 3(o) of the
Small Business Act (15 U.S.C. 632(o)) (as added by section 412 of this
subtitle).

3a1791da3d351a460266e6413ee85a421a66fa98d756786ee31149bfcd3ddbb6

Section 8(d)(4) of the Small Business Act (15 U.S.C. 637(d)(4)) is
amended by adding at the end the following:
``(G) The following factors shall be designated by the Federal
agency as significant factors for purposes of evaluating offers for
a bundled contract where the head of the agency determines that the
contract offers a significant opportunity for subcontracting:
``(i) A factor that is based on the rate provided under the
subcontracting plan for small business participation in the
performance of the contract.
``(ii) For the evaluation of past performance of an
offeror, a factor that is based on the extent to which the
offeror attained applicable goals for small business
participation in the performance of contracts.''.

d315279fe19e6b4e0ae98533bfc2004ed43b8d1eb15ca25d13c2c9999f1ec565

(a) Use of the Commerce Business Daily Authorized.--Section 8 of
the Small Business Act (15 U.S.C. 637) is amended by adding at the end
the following:
``(k) Notices of Subcontracting Opportunities.--
``(1) In general.--Notices of subcontracting opportunities may
be submitted for publication in the Commerce Business Daily by--
``(A) a business concern awarded a contract by an executive
agency subject to subsection (e)(1)(C); and
``(B) a business concern that is a subcontractor or
supplier (at any tier) to such contractor having a
subcontracting opportunity in excess of $10,000.
``(2) Content of notice.--The notice of a subcontracting
opportunity shall include--
``(A) a description of the business opportunity that is
comparable to the description specified in paragraphs (1), (2),
(3), and (4) of subsection (f); and
``(B) the due date for receipt of offers.''.
(b) Regulations Required.--The Federal Acquisition Regulation shall
be amended to provide uniform implementation of the amendments made by
this section.
(c) Conforming Amendment.--Section 8(e)(1)(C) of the Small Business
Act (15 U.S.C. 637(e)(1)(C)) is amended by striking ``$25,000'' each
place that term appears and inserting ``$100,000''.

f0502a4eaf909cdb1e67a7989d047edaa12a4014ae59f30ea701c3b8645de603

(a) Proposed Regulations.--Proposed amendments to the Federal
Acquisition Regulation or proposed Small Business Administration
regulations under this subtitle and the amendments made by this
subtitle shall be published not later than 120 days after the date of
enactment of this Act for the purpose of obtaining public comment
pursuant to section 22 of the Office of Federal Procurement Policy Act
(41 U.S.C. 418b), or chapter 5 of title 5, United States Code, as
appropriate. The public shall be afforded not less than 60 days to
submit comments.
(b) Final Regulations.--Final regulations shall be published not
later than 270 days after the date of enactment of this Act. The
effective date for such final regulations shall be not less than 30
days after the date of publication.

b54eb8b3f887989b566ce49d4c9f3120309bb944e3898c34e00a7ba7020b0804

(a) Required Expenditures.--Section 9(n) of the Small Business Act
(15 U.S.C. 638(n)) is amended by striking paragraph (1) and inserting
the following:
``(1) Required expenditure amounts.--With respect to fiscal
years 1998, 1999, 2000, and 2001, each Federal agency that has an
extramural budget for research, or research and development, in
excess of $1,000,000,000 for that fiscal year, is authorized to
expend with small business concerns not less than 0.15 percent of
that extramural budget specifically in connection with STTR
programs that meet the requirements of this section and any policy
directives and regulations issued under this section.''.
(b) Reports and Outreach.--
(1) In general.--Section 9 of the Small Business Act (15 U.S.C.
638) is amended--
(A) in subsection (o)--
(i) by redesignating paragraphs (8) through (11) as
paragraphs (10) through (13), respectively; and
(ii) by inserting after paragraph (7) the following:
``(8) include, as part of its annual performance plan as
required by subsections (a) and (b) of section 1115 of title 31,
United States Code, a section on its STTR program, and shall submit
such section to the Committee on Small Business of the Senate, and
the Committee on Science and the Committee on Small Business of the
House of Representatives;
``(9) collect such data from awardees as is necessary to assess
STTR program outputs and outcomes;'';
(B) in subsection (e)(4)(A), by striking ``(ii)''; and
(C) by adding at the end the following:
``(s) Outreach.--
``(1) Definition of eligible state.--In this subsection, the
term `eligible State' means a State--
``(A) if the total value of contracts awarded to the State
during fiscal year 1995 under this section was less than
$5,000,000; and
``(B) that certifies to the Administration described in
paragraph (2) that the State will, upon receipt of assistance
under this subsection, provide matching funds from non-Federal
sources in an amount that is not less than 50 percent of the
amount provided under this subsection.
``(2) Program authority.--Of amounts made available to carry
out this section for fiscal year 1998, 1999, 2000, or 2001 the
Administrator may expend with eligible States not more than
$2,000,000 in each such fiscal year in order to increase the
participation of small business concerns located in those States in
the programs under this section.
``(3) Amount of assistance.--The amount of assistance provided
to an eligible State under this subsection in any fiscal year--
``(A) shall be equal to twice the total amount of matching
funds from non-Federal sources provided by the State; and
``(B) shall not exceed $100,000.
``(4) Use of assistance.--Assistance provided to an eligible
State under this subsection shall be used by the State, in
consultation with State and local departments and agencies, for
programs and activities to increase the participation of small
business concerns located in the State in the programs under this
section, including--
``(A) the establishment of quantifiable performance goals,
including goals relating to--
``(i) the number of program awards under this section
made to small business concerns in the State; and
``(ii) the total amount of Federal research and
development contracts awarded to small business concerns in
the State;
``(B) the provision of competition outreach support to
small business concerns in the State that are involved in
research and development; and
``(C) the development and dissemination of educational and
promotional information relating to the programs under this
section to small business concerns in the State.
``(t) Inclusion in Strategic Plans.--Program information relating
to the SBIR and STTR programs shall be included by each Federal agency
in any update or revision required of the Federal agency under section
306(b) of title 5, United States Code.''.
(2) Repeal.--Effective October 1, 2001, section 9(s) of the
Small Business Act (as added by paragraph (1) of this subsection)
is repealed.

74f5888136ba165272a4646dfa89dc88843067216d077e86575691c8d87d952a

(a) In General.--Section 21(a) of the Small Business Act (15 U.S.C.
648(a)) is amended--
(1) in paragraph (1)--
(A) by inserting ``any women's business center operating
pursuant to section 29,'' after ``credit or finance
corporation,'';
(B) by inserting ``or a women's business center operating
pursuant to section 29'' after ``other than an institution of
higher education''; and
(C) by inserting ``and women's business centers operating
pursuant to section 29'' after ``utilize institutions of higher
education'';
(2) in paragraph (3)--
(A) by striking ``, but with'' and all that follows through
``parties.'' and inserting the following: ``for the delivery of
programs and services to the small business community. Such
programs and services shall be jointly developed, negotiated,
and agreed upon, with full participation of both parties,
pursuant to an executed cooperative agreement between the Small
Business Development Center applicant and the
Administration.''; and
(B) by adding at the end the following:
``(C) On an annual basis, the Small Business Development Center
shall review and coordinate public and private partnerships and
cosponsorships with the Administration for the purpose of more
efficiently leveraging available resources on a National and a
State basis.'';
(3) in paragraph (4)(C)--
(A) by striking clause (i) and inserting the following:
``(i) In general.--
``(I) Grant amount.--Subject to subclauses (II) and
(III), the amount of a grant received by a State under this
section shall be equal to the greater of $500,000, or the
sum of--
``(aa) the State's pro rata share of the national
program, based upon the population of the State as
compared to the total population of the United States;
and
``(bb) $300,000 in fiscal year 1998, $400,000 in
fiscal year 1999, and $500,000 in each fiscal year
thereafter.
``(II) Pro rata reductions.--If the amount made
available to carry out this section for any fiscal year is
insufficient to carry out subclause (I)(bb), the
Administration shall make pro rata reductions in the
amounts otherwise payable to States under subclause
(I)(bb).
``(III) Matching requirement.--The amount of a grant
received by a State under this section shall not exceed the
amount of matching funds from sources other than the
Federal Government provided by the State under subparagraph
(A).''; and
(B) in clause (iii), by striking ``(iii)'' and all that
follows through ``1997.'' and inserting the following:
``(iii) National program.--There are authorized to be
appropriated to carry out the national program under this
section--
``(I) $85,000,000 for fiscal year 1998;
``(II) $90,000,000 for fiscal year 1999; and
``(III) $95,000,000 for fiscal year 2000 and each
fiscal year thereafter.''; and
(4) in paragraph (6)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the comma at the end
and inserting ``; and''; and
(C) inserting after subparagraph (B) the following:
``(C) with outreach, development, and enhancement of
minority-owned small business startups or expansions, HUBZone
small business concerns, veteran-owned small business startups
or expansions, and women-owned small business startups or
expansions, in communities impacted by base closings or
military or corporate downsizing, or in rural or underserved
communities;''.
(b) SBDC Services.--Section 21(c) of the Small Business Act (15
U.S.C. 648(c)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``businesses;'' and
inserting ``businesses, including--
``(i) working with individuals to increase awareness of
basic credit practices and credit requirements;
``(ii) working with individuals to develop business plans,
financial packages, credit applications, and contract
proposals;
``(iii) working with the Administration to develop and
provide informational tools for use in working with individuals
on pre-business startup planning, existing business expansion,
and export planning; and
``(iv) working with individuals referred by the local
offices of the Administration and Administration participating
lenders;'';
(B) in each of subparagraphs (B), (C), (D), (E), (F), (G),
(M), (N), (O), (Q), and (R) by moving each margin 2 ems to the
left; and
(C) in subparagraph (C), by inserting ``and the
Administration'' after ``Center'';
(2) in paragraph (5)--
(A) by moving the margin 2 ems to the right;
(B) by striking ``paragraph (a)(1)'' and inserting
``subsection (a)(1)'';
(C) by striking ``which ever'' and inserting ``whichever'';
and
(D) by striking ``last,,'' and inserting ``last,'';
(3) by redesignating paragraphs (4) through (7) as paragraphs
(5) through (8), respectively; and
(4) in paragraph (3), in the undesignated material following
subparagraph (R), by striking ``A small'' and inserting the
following:
``(4) A small''.
(c) Competitive Awards.--Section 21(l) of the Small Business Act
(15 U.S.C. 648(l)) is amended by adding at the end the following: ``If
any contract or cooperative agreement under this section with an entity
that is covered by this section is not renewed or extended, any award
of a successor contract or cooperative agreement under this section to
another entity shall be made on a competitive basis.''.
(d) Prohibition on Certain Fees.--Section 21 of the Small Business
Act (15 U.S.C. 648) is amended by adding at the end the following:
``(m) Prohibition on Certain Fees.--A small business development
center shall not impose or otherwise collect a fee or other
compensation in connection with the provision of counseling services
under this section.''.

a85a340951c86b3a1ec39ffb70ee0c0095507dfc84cf18395133530ba0228e50

Section 207 of the Small Business Administration Reauthorization
and Amendment Act of 1988 (15 U.S.C. 694b note) is amended by striking
``September 30, 1997'' and inserting ``September 30, 2000''.

a24ab58854c4a07fade244f1b8a9676a48c922a679a44f1f5e205621252b6ade

Section 401(a)(2) of the Small Business Administration
Reauthorization and Amendments Act of 1994 (15 U.S.C. 637 note) is
amended by striking ``September 30, 1997'' and inserting ``September
30, 2000''.

2544860554b1770b151528e1744b05182c2737d2e4093099546bd8be88e707db

In connection with the Administration's implementation of a program
to sell to the private sector loans and other assets held by the
Administration, the Administration shall provide to the Committees a
copy of the draft and final plans describing the sale and the
anticipated benefits resulting from such sale.

9b13158fdbabca181ef9c95ec65cf4e545ae67584392318e08158b517093ece2

(a) In General.--Section 21(c)(3) of the Small Business Act (15
U.S.C. 648(c)(3)) is amended--
(1) in subparagraph (Q), by striking ``and'' at the end;
(2) in subparagraph (R), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after subparagraph (R) the following:
``(S) providing small business owners with access to a wide
variety of export-related information by establishing on-line
computer linkages between small business development centers and an
international trade data information network with ties to the
Export Assistance Center program.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out section 21(c)(3)(S) of the Small Business Act
(15 U.S.C. 648(c)(3)(S)), as added by this section, $1,500,000 for each
fiscal years 1998 and 1999.

5454b123186c48c80d3d88c788e53f8b228ee3fa40aa690cffc1b5dfdeca5004

(a) DELTA Program Authorized.--
(1) In general.--The Administrator may administer the Defense
Loan and Technical Assistance program in accordance with the
authority and requirements of this section.
(2) Expiration of authority.--The authority of the
Administrator to carry out the DELTA program under paragraph (1)
shall terminate when the funds referred to in subsection (g)(1)
have been expended.
(3) DELTA program defined.--In this section, the terms
``Defense Loan and Technical Assistance program'' and ``DELTA
program'' mean the Defense Loan and Technical Assistance program
that has been established by a memorandum of understanding entered
into by the Administrator and the Secretary of Defense on June 26,
1995.
(b) Assistance.--
(1) Authority.--Under the DELTA program, the Administrator may
assist small business concerns that are economically dependent on
defense expenditures to acquire dual-use capabilities.
(2) Forms of assistance.--Forms of assistance authorized under
paragraph (1) are as follows:
(A) Loan guarantees.--Loan guarantees under the terms and
conditions specified under this section and other applicable
law.
(B) Nonfinancial assistance.--Other forms of assistance
that are not financial.
(c) Administration of Program.--In the administration of the DELTA
program under this section, the Administrator shall--
(1) process applications for DELTA program loan guarantees;
(2) guarantee repayment of the resulting loans in accordance
with this section; and
(3) take such other actions as are necessary to administer the
program.
(d) Selection and Eligibility Requirements for DELTA Loan
Guarantees.--
(1) In general.--The selection criteria and eligibility
requirements set forth in this subsection shall be applied in the
selection of small business concerns to receive loan guarantees
under the DELTA program.
(2) Selection criteria.--The criteria used for the selection of
a small business concern to receive a loan guarantee under this
section are as follows:
(A) The selection criteria established under the memorandum
of understanding referred to in subsection (a)(3).
(B) The extent to which the loans to be guaranteed would
support the retention of defense workers whose employment would
otherwise be permanently or temporarily terminated as a result
of reductions in expenditures by the United States for defense,
the termination or cancellation of a defense contract, the
failure to proceed with an approved major weapon system, the
merger or consolidation of the operations of a defense
contractor, or the closure or realignment of a military
installation.
(C) The extent to which the loans to be guaranteed would
stimulate job creation and new economic activities in
communities most adversely affected by reductions in
expenditures by the United States for defense, the termination
or cancellation of a defense contract, the failure to proceed
with an approved major weapon system, the merger or
consolidation of the operations of a defense contractor, or the
closure or realignment of a military installation.
(D) The extent to which the loans to be guaranteed would be
used to acquire (or permit the use of other funds to acquire)
capital equipment to modernize or expand the facilities of the
borrower to enable the borrower to remain in the national
technology and industrial base available to the Department of
Defense.
(3) Eligibility requirements.--To be eligible for a loan
guarantee under the DELTA program, a borrower must demonstrate to
the satisfaction of the Administrator that, during any 1 of the 5
preceding operating years of the borrower, not less than 25 percent
of the value of the borrower's sales were derived from--
(A) contracts with the Department of Defense or the
defense-related activities of the Department of Energy; or
(B) subcontracts in support of defense-related prime
contracts.
(e) Maximum Amount of Loan Principal.--With respect to each
borrower, the maximum amount of loan principal for which the
Administrator may provide a guarantee under this section during a
fiscal year may not exceed $1,250,000.
(f) Loan Guaranty Rate.--The maximum allowable guarantee percentage
for loans guaranteed under this section may not exceed 80 percent.
(g) Funding.--
(1) In general.--The funds that have been made available for
loan guarantees under the DELTA program and have been transferred
from the Department of Defense to the Small Business Administration
before the date of the enactment of this Act shall be used for
carrying out the DELTA program under this section.
(2) Continued availability of existing funds.--The funds made
available under the second proviso under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' in Public Law 103-
335 (108 Stat. 2613) shall be available until expended--
(A) to cover the costs (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan
guarantees issued under this section; and
(B) to cover the reasonable costs of the administration of
the loan guarantees.

a44347b82e696fe781f75d3430849fc0409d7eec7a5dc003dfa5b005ed89d543

Section 304(i) of the Small Business Administration Reauthorization
and Amendments Act of 1994 (15 U.S.C. 644 note) is amended by striking
``September 30, 1998'' and inserting ``September 30, 2000''.

6a97689b9ee4e2db87065ec4ee953aa7c5a6d217bedc1ba9640a6b364d4909ce

ADVERSELY AFFECTED BY NAFTA.
The Administrator shall coordinate Federal assistance in order to
provide counseling to small business concerns adversely affected by the
North American Free Trade Agreement.

331ef9aba30762abc9cebc6b2c9517547ccd7b4fdc46af5cd5a60736ee387c7e

This title may be cited as the ``HUBZone Act of 1997''.

584abf304bf8e9d8dc73c28814ec22c070d53b9556ed39136810d43b274e1949

TITLE VI

-HUBZONE PROGRAM

(a) Definitions.--Section 3 of the Small Business Act (15 U.S.C.
632) (as amended by section 412 of this Act) is amended by adding at
the end the following:
``(p) Definitions Relating to HUBZones.--In this Act:
``(1) Historically underutilized business zone.--The term
`historically underutilized business zone' means any area located
within 1 or more--
``(A) qualified census tracts;
``(B) qualified nonmetropolitan counties; or
``(C) lands within the external boundaries of an Indian
reservation.
``(2) HUBZone.--The term `HUBZone' means a historically
underutilized business zone.
``(3) HUBZone small business concern.--The term `HUBZone small
business concern' means a small business concern--
``(A) that is owned and controlled by 1 or more persons,
each of whom is a United States citizen; and
``(B) the principal office of which is located in a
HUBZone; or
``(4) Qualified areas.--
``(A) Qualified census tract.--The term `qualified census
tract' has the meaning given that term in section
42(d)(5)(C)(ii)(I) of the Internal Revenue Code of 1986.
``(B) Qualified nonmetropolitan county.--The term
`qualified nonmetropolitan county' means any county--
``(i) that, based on the most recent data available
from the Bureau of the Census of the Department of
Commerce--
``(I) is not located in a metropolitan statistical
area (as defined in section 143(k)(2)(B) of the
Internal Revenue Code of 1986); and
``(II) in which the median household income is less
than 80 percent of the nonmetropolitan State median
household income; or
``(ii) that, based on the most recent data available
from the Secretary of Labor, has an unemployment rate that
is not less than 140 percent of the statewide average
unemployment rate for the State in which the county is
located.
``(5) Qualified hubzone small business concern.--
``(A) In general.--A HUBZone small business concern is
`qualified', if--
``(i) the small business concern has certified in
writing to the Administrator (or the Administrator
otherwise determines, based on information submitted to the
Administrator by the small business concern, or based on
certification procedures, which shall be established by the
Administration by regulation) that--
``(I) it is a HUBZone small business concern;
``(II) not less than 35 percent of the employees of
the small business concern reside in a HUBZone, and the
small business concern will attempt to maintain this
employment percentage during the performance of any
contract awarded to the small business concern on the
basis of a preference provided under section 31(b); and
``(III) with respect to any subcontract entered
into by the small business concern pursuant to a
contract awarded to the small business concern under
section 31, the small business concern will ensure
that--
``(aa) in the case of a contract for services
(except construction), not less than 50 percent of
the cost of contract performance incurred for
personnel will be expended for its employees or for
employees of other HUBZone small business concerns;
and
``(bb) in the case of a contract for
procurement of supplies (other than procurement
from a regular dealer in such supplies), not less
than 50 percent of the cost of manufacturing the
supplies (not including the cost of materials) will
be incurred in connection with the performance of
the contract in a HUBZone by 1 or more HUBZone
small business concerns; and
``(ii) no certification made or information provided by
the small business concern under clause (i) has been, in
accordance with the procedures established under section
31(c)(1)--
``(I) successfully challenged by an interested
party; or
``(II) otherwise determined by the Administrator to
be materially false.
``(B) Change in percentages.--The Administrator may utilize
a percentage other than the percentage specified in item (aa)
or (bb) of subparagraph (A)(i)(III), if the Administrator
determines that such action is necessary to reflect
conventional industry practices among small business concerns
that are below the numerical size standard for businesses in
that industry category.
``(C) Construction and other contracts.--The Administrator
shall promulgate final regulations imposing requirements that
are similar to those specified in subclauses (IV) and (V) of
subparagraph (A)(i) on contracts for general and specialty
construction, and on contracts for any other industry category
that would not otherwise be subject to those requirements. The
percentage applicable to any such requirement shall be
determined in accordance with subparagraph (B).
``(D) List of qualified small business concerns.--The
Administrator shall establish and maintain a list of qualified
HUBZone small business concerns, which list shall, to the
extent practicable--
``(i) include the name, address, and type of business
with respect to each such small business concern;
``(ii) be updated by the Administrator not less than
annually; and
``(iii) be provided upon request to any Federal agency
or other entity.''.
(b) Federal Contracting.--
(1) In general.--The Small Business Act (15 U.S.C. 631 et seq.)
is amended--
(A) by redesignating section 31 as section 32; and
(B) by inserting after section 30 the following:
``SEC. 31. HUBZONE PROGRAM.
``(a) In General.--There is established within the Administration a
program to be carried out by the Administrator to provide for Federal
contracting assistance to qualified HUBZone small business concerns in
accordance with this section.
``(b) Eligible Contracts.--
``(1) Definitions.--In this subsection--
``(A) the term `contracting officer' has the meaning given
that term in section 27(f)(5) of the Office of Federal
Procurement Policy Act (41 U.S.C. 423(f)(5)); and
``(B) the term `full and open competition' has the meaning
given that term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
``(2) Authority of contracting officer.--Notwithstanding any
other provision of law--
``(A) a contracting officer may award sole source contracts
under this section to any qualified HUBZone small business
concern, if--
``(i) the qualified HUBZone small business concern is
determined to be a responsible contractor with respect to
performance of such contract opportunity, and the
contracting officer does not have a reasonable expectation
that 2 or more qualified HUBZone small business concerns
will submit offers for the contracting opportunity;
``(ii) the anticipated award price of the contract
(including options) will not exceed--
``(I) $5,000,000, in the case of a contract
opportunity assigned a standard industrial
classification code for manufacturing; or
``(II) $3,000,000, in the case of all other
contract opportunities; and
``(iii) in the estimation of the contracting officer,
the contract award can be made at a fair and reasonable
price;
``(B) a contract opportunity shall be awarded pursuant to
this section on the basis of competition restricted to
qualified HUBZone small business concerns if the contracting
officer has a reasonable expectation that not less than 2
qualified HUBZone small business concerns will submit offers
and that the award can be made at a fair market price; and
``(C) not later than 5 days from the date the
Administration is notified of a procurement officer's decision
not to award a contract opportunity under this section to a
qualified HUBZone small business concern, the Administrator may
notify the contracting officer of the intent to appeal the
contracting officer's decision, and within 15 days of such date
the Administrator may file a written request for
reconsideration of the contracting officer's decision with the
Secretary of the department or agency head.
``(3) Price evaluation preference in full and open
competitions.--In any case in which a contract is to be awarded on
the basis of full and open competition, the price offered by a
qualified HUBZone small business concern shall be deemed as being
lower than the price offered by another offeror (other than another
small business concern), if the price offered by the qualified
HUBZone small business concern is not more than 10 percent higher
than the price offered by the otherwise lowest, responsive, and
responsible offeror.
``(4) Relationship to other contracting preferences.--A
procurement may not be made from a source on the basis of a
preference provided in paragraph (2) or (3), if the procurement
would otherwise be made from a different source under section 4124
or 4125 of title 18, United States Code, or the Javits-Wagner-O'Day
Act (41 U.S.C. 46 et seq.).
``(c) Enforcement; Penalties.--
``(1) Verification of eligibility.--In carrying out this
section, the Administrator shall establish procedures relating to--
``(A) the filing, investigation, and disposition by the
Administration of any challenge to the eligibility of a small
business concern to receive assistance under this section
(including a challenge, filed by an interested party, relating
to the veracity of a certification made or information provided
to the Administration by a small business concern under section
3(p)(5)); and
``(B) verification by the Administrator of the accuracy of
any certification made or information provided to the
Administration by a small business concern under section
3(p)(5).
``(2) Examinations.--The procedures established under paragraph
(1) may provide for program examinations (including random program
examinations) by the Administrator of any small business concern
making a certification or providing information to the
Administrator under section 3(p)(5).
``(3) Provision of data.--Upon the request of the
Administrator, the Secretary of Labor, the Secretary of Housing and
Urban Development, and the Secretary of the Interior (or the
Assistant Secretary for Indian Affairs), shall promptly provide to
the Administrator such information as the Administrator determines
to be necessary to carry out this subsection.
``(4) Penalties.--In addition to the penalties described in
section 16(d), any small business concern that is determined by the
Administrator to have misrepresented the status of that concern as
a `HUBZone small business concern' for purposes of this section,
shall be subject to--
``(A) section 1001 of title 18, United States Code; and
``(B) sections 3729 through 3733 of title 31, United States
Code.''.
(2) Initial limited applicability.--During the period beginning
on the date of enactment of this Act and ending on September 30,
2000, section 31 of the Small Business Act (as added by paragraph
(1) of this subsection) shall apply only to procurements by--
(A) the Department of Defense;
(B) the Department of Agriculture;
(C) the Department of Health and Human Services;
(D) the Department of Transportation;
(E) the Department of Energy;
(F) the Department of Housing and Urban Development;
(G) the Environmental Protection Agency;
(H) the National Aeronautics and Space Administration;
(I) the General Services Administration; and
(J) the Department of Veterans Affairs.

5848676d3d900898fdf975c0df332fc95c61ccd5db22bfd128f4a42750133d8a

ACT.
(a) Performance of Contracts.--Section 8(d) of the Small Business
Act (15 U.S.C. 637(d)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``,, small business
concerns owned and controlled by socially and economically
disadvantaged individuals'' and inserting ``, qualified HUBZone
small business concerns, small business concerns owned and
controlled by socially and economically disadvantaged
individuals''; and
(B) in the second sentence, by inserting ``qualified
HUBZone small business concerns,'' after ``small business
concerns,'';
(2) in paragraph (3)--
(A) by inserting ``qualified HUBZone small business
concerns,'' after ``small business concerns,'' each place that
term appears; and
(B) by adding at the end the following:
``(F) In this contract, the term `qualified HUBZone small
business concern' has the meaning given that term in section 3(p)
of the Small Business Act.'';
(3) in paragraph (4)(E), by striking ``small business concerns
and'' and inserting ``small business concerns, qualified HUBZone
small business concerns, and'';
(4) in paragraph (6), by inserting ``qualified HUBZone small
business concerns,'' after ``small business concerns,'' each place
that term appears; and
(5) in paragraph (10), by inserting ``qualified HUBZone small
business concerns,'' after ``small business concerns,''.
(b) Awards of Contracts.--Section 15 of the Small Business Act (15
U.S.C. 644) is amended--
(1) in subsection (g)(1)--
(A) by inserting ``qualified HUBZone small business
concerns,'' after ``small business concerns,'' each place that
term appears;
(B) in the second sentence, by striking ``20 percent'' and
inserting ``23 percent''; and
(C) by inserting after the second sentence the following:
``The Governmentwide goal for participation by qualified
HUBZone small business concerns shall be established at not
less than 1 percent of the total value of all prime contract
awards for fiscal year 1999, not less than 1.5 percent of the
total value of all prime contract awards for fiscal year 2000,
not less than 2 percent of the total value of all prime
contract awards for fiscal year 2001, not less than 2.5 percent
of the total value of all prime contract awards for fiscal year
2002, and not less than 3 percent of the total value of all
prime contract awards for fiscal year 2003 and each fiscal year
thereafter.'';
(2) in subsection (g)(2)--
(A) in the first sentence, by striking ``,, by small
business concerns owned and controlled by socially and
economically disadvantaged individuals'' and inserting ``, by
qualified HUBZone small business concerns, by small business
concerns owned and controlled by socially and economically
disadvantaged individuals'';
(B) in the second sentence, by inserting ``qualified
HUBZone small business concerns,'' after ``small business
concerns,''; and
(C) in the fourth sentence, by striking ``by small business
concerns owned and controlled by socially and economically
disadvantaged individuals and participation by small business
concerns owned and controlled by women'' and inserting ``by
qualified HUBZone small business concerns, by small business
concerns owned and controlled by socially and economically
disadvantaged individuals, and by small business concerns owned
and controlled by women''; and
(3) in subsection (h), by inserting ``qualified HUBZone small
business concerns,'' after ``small business concerns,'' each place
that term appears.
(c) Offenses and Penalties.--Section 16 of the Small Business Act
(15 U.S.C. 645) is amended--
(1) in subsection (d)(1)--
(A) by inserting ``, a `qualified HUBZone small business
concern','' after ```small business concern',''; and
(B) in subparagraph (A), by striking ``section 9 or 15''
and inserting ``section 9, 15, or 31''; and
(2) in subsection (e), by inserting ``, a `HUBZone small
business concern','' after ```small business concern',''.

80b8bbefb02bc663108b39f99a3753c0311bc6225281dc982bd00b2ede675150

(a) Title 10, United States Code.--Section 2323 of title 10, United
States Code, is amended--
(1) in subsection (a)(1)(A), by inserting before the semicolon
the following: ``, and qualified HUBZone small business concerns
(as defined in section 3(p) of the Small Business Act)''; and
(2) in subsection (f)(1), by inserting ``or as a qualified
HUBZone small business concern (as defined in section 3(p) of the
Small Business Act)'' after ``(as described in subsection (a))''.
(b) Federal Home Loan Bank Act.--Section 21A(b)(13) of the Federal
Home Loan Bank Act (12 U.S.C. 1441a(b)(13)) is amended--
(1) by striking ``concerns and small'' and inserting
``concerns, small''; and
(2) by inserting ``, and qualified HUBZone small business
concerns (as defined in section 3(p) of the Small Business Act)''
after ``disadvantaged individuals''.
(c) Small Business Economic Policy Act of 1980.--Section 303(e) of
the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(e)) is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) qualified HUBZone small business concern (as defined in
section 3(p) of the Small Business Act).''.
(d) Small Business Investment Act of 1958.--Section 411(c)(3)(B) of
the Small Business Investment Act of 1958 (15 U.S.C. 694b(c)(3)(B)) is
amended by inserting before the semicolon the following: ``, or to a
qualified HUBZone small business concern (as defined in section 3(p) of
the Small Business Act)''.
(e) Title 31, United States Code.--
(1) Contracts for collection services.--Section 3718(b) of
title 31, United States Code, is amended--
(A) in paragraph (1)(B), by inserting ``and law firms that
are qualified HUBZone small business concerns (as defined in
section 3(p) of the Small Business Act)'' after ``disadvantaged
individuals''; and
(B) in paragraph (3)--
(i) in the first sentence, by inserting before the
period ``and law firms that are qualified HUBZone small
business concerns'';
(ii) in subparagraph (A), by striking ``and'' at the
end;
(iii) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) the term `qualified HUBZone small business concern'
has the meaning given that term in section 3(p) of the Small
Business Act.''.
(2) Payments to local governments.--Section 6701(f) of title
31, United States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and'' at the
end;
(ii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) qualified HUBZone small business concerns.''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``and'' at the
end;
(ii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) the term `qualified HUBZone small business concern'
has the meaning given that term in section 3(p) of the Small
Business Act (15 U.S.C. 632(o)).''.
(3) Regulations.--Section 7505(c) of title 31, United States
Code, is amended by striking ``small business concerns and'' and
inserting ``small business concerns, qualified HUBZone small
business concerns, and''.
(f) Office of Federal Procurement Policy Act.--
(1) Enumeration of included functions.--Section 6(d) of the
Office of Federal Procurement Policy Act (41 U.S.C. 405(d)) is
amended--
(A) in paragraph (11), by inserting ``qualified HUBZone
small business concerns (as defined in section 3(p) of the
Small Business Act),'' after ``small businesses,''; and
(B) in paragraph (12), by inserting ``qualified HUBZone
small business concerns (as defined in section 3(p) of the
Small Business Act (15 U.S.C. 632(o)),'' after ``small
businesses,''.
(2) Procurement data.--Section 502 of the Women's Business
Ownership Act of 1988 (41 U.S.C. 417a) is amended--
(A) in subsection (a)--
(i) in the first sentence, by inserting ``the number of
qualified HUBZone small business concerns,'' after
``Procurement Policy''; and
(ii) by inserting a comma after ``women''; and
(B) in subsection (b), by inserting after ``section 204 of
this Act'' the following: ``, and the term `qualified HUBZone
small business concern' has the meaning given that term in
section 3(p) of the Small Business Act (15 U.S.C. 632(o)).''.
(g) Energy Policy Act of 1992.--Section 3021 of the Energy Policy
Act of 1992 (42 U.S.C. 13556) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or'';
(B) in paragraph (3), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(4) qualified HUBZone small business concerns.''; and
(2) in subsection (b), by adding at the end the following:
``(3) The term `qualified HUBZone small business concern' has
the meaning given that term in section 3(p) of the Small Business
Act (15 U.S.C. 632(o)).''.
(h) Title 49, United States Code.--
(1) Project grant application approval conditioned on
assurances about airport operation.--Section 47107(e) of title 49,
United States Code, is amended--
(A) in paragraph (1), by inserting before the period ``or
qualified HUBZone small business concerns (as defined in
section 3(p) of the Small Business Act)'';
(B) in paragraph (4)(B), by inserting before the period
``or as a qualified HUBZone small business concern (as defined
in section 3(p) of the Small Business Act)''; and
(C) in paragraph (6), by inserting ``or a qualified HUBZone
small business concern (as defined in section 3(p) of the Small
Business Act)'' after ``disadvantaged individual''.
(2) Minority and disadvantaged business participation.--Section
47113 of title 49, United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking the period at the end
and inserting a semicolon;
(ii) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(3) the term `qualified HUBZone small business concern' has
the meaning given that term in section 3(p) of the Small Business
Act (15 U.S.C. 632(o)).''; and
(B) in subsection (b), by inserting before the period ``or
qualified HUBZone small business concerns''.

2e773f7c3d56f45945053e70ab86b13715a141eabaa4fa4d80ab2fc7a45d367e

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall publish in the Federal
Register such final regulations as may be necessary to carry out this
title and the amendments made by this title.
(b) Federal Acquisition Regulation.--Not later than 180 days after
the date on which final regulations are published under subsection (a),
the Federal Acquisition Regulatory Council shall amend the Federal
Acquisition Regulation in order to ensure consistency between the
Federal Acquisition Regulation, this title and the amendments made by
this title, and the final regulations published under subsection (a).

f9048d93143bb626776f3b0e7fef9531f8c6ce29c1bbec68db1e4eb030f07aaf

Not later than March 1, 2002, the Administrator shall submit to the
Committees a report on the implementation of the HUBZone program
established under section 31 of the Small Business Act (as added by
section 602(b) of this title) and the degree to which the HUBZone
program has resulted in increased employment opportunities and an
increased level of investment in HUBZones (as defined in section 3(p)
of the Small Business Act (15 U.S.C. 632(p)), as added by section
602(a) of this title).

4b43071a95fef11a4062f025333515e0ea4a94f79825ba9b1f0200b57a906d04

Section 20 of the Small Business Act (15 U.S.C. 631 note) (as
amended by section 101 of this Act) is amended--
(1) in subsection (c), by adding at the end the following:
``(3) HUBZone program.--There are authorized to be appropriated
to the Administration to carry out the program under section 31,
$5,000,000 for fiscal year 1998.'';
(2) in subsection (d), by adding at the end the following:
``(3) HUBZone program.--There are authorized to be appropriated
to the Administration to carry out the program under section 31,
$5,000,000 for fiscal year 1999.''; and
(3) in subsection (e), by adding at the end the following:
``(3) HUBZone program.--There are authorized to be appropriated
to the Administration to carry out the program under section 31,
$5,000,000 for fiscal year 2000.''.

3bbd8b2c2e3af56bbdbf28357a323b46a267905b82614bfa0a0b347b1552d59f

The purposes of this title are--
(1) to foster enhanced entrepreneurship among eligible veterans
by providing increased opportunities;
(2) to vigorously promote the legitimate interests of small
business concerns owned and controlled by eligible veterans; and
(3) to ensure that those concerns receive fair consideration in
purchases made by the Federal Government.

6a1068dc6bab42d735ff10b5ae3305e55dc25626b2d2055e5590cdd91ae70bfa

In this title:
(1) Eligible veteran.--The term ``eligible veteran'' means a
disabled veteran (as defined in section 4211(3) of title 38, United
States Code).
(2) Small business concern owned and controlled by eligible
veterans.--The term ``small business concern owned and controlled
by eligible veterans'' means a small business concern (as defined
in section 3 of the Small Business Act)--
(A) that is at least 51 percent owned by 1 or more eligible
veterans, or in the case of a publicly owned business, at least
51 percent of the stock of which is owned by 1 or more eligible
veterans; and
(B) whose management and daily business operations are
controlled by eligible veterans.

d81d9307afe86f4d5a1d06a31896e39b6e925f0885111ae49f5cf6ee9cb2582d

(a) Study and Report.--
(1) In general.--Not later than 9 months after the date of
enactment of this Act, the Administrator shall conduct a
comprehensive study and submit to the Committees a final report
containing findings and recommendations of the Administrator on--
(A) the needs of small business concerns owned and
controlled by eligible veterans;
(B) the availability and utilization of Administration
programs by small business concerns owned and controlled by
eligible veterans;
(C) the percentage, and dollar value, of Federal contracts
awarded to small business concerns owned and controlled by
eligible veterans in the preceding 5 fiscal years; and
(D) methods to improve Administration and other agency
programs to serve the needs of small business concerns owned
and controlled by eligible veterans.
(2) Contents.--The report under paragraph (1) shall include
recommendations to Congress concerning the need for legislation and
recommendations to the Office of Management and Budget, relevant
offices within the Administration, and the Department of Veterans
Affairs.
(b) Conduct of Study.--In carrying out subsection (a), the
Administrator--
(1) may conduct surveys of small business concerns owned and
controlled by eligible veterans and service disabled veterans,
including those who have sought financial assistance or other
services from the Administration;
(2) shall consult with the appropriate committees of Congress,
relevant groups and organizations in the nonprofit sector, and
Federal or State government agencies; and
(3) shall have access to any information within other Federal
agencies that pertains to such veterans and their small businesses,
unless such access is specifically prohibited by law.

4f811f6dfbd9b20d02aa6ca6b6222cf782d3434679c8b6174c4b4f5b59aa5d03

After the date of issuance of the report required by section
703(a), the Secretary of Veterans Affairs shall, in consultation with
the Assistant Secretary for Veterans' Employment and Training and the
Administrator, engage in efforts each fiscal year to identify small
business concerns owned and controlled by eligible veterans in the
United States. The Secretary shall inform each small business concern
identified under this section that information on Federal procurement
is available from the Administrator.

b44e787e244207c84736aa1aec9478af96ecd3061133d9d57a8f4adc2651f24b

Section 303(b) of the Small Business Economic Policy Act of 1980
(15 U.S.C. 631b(b)) is amended by striking ``and female-owned
businesses'' and inserting ``, female-owned, and veteran-owned
businesses''.

be700e435e1fa286e3e2d8af8f3bc878ff6890b46df00c4a06429a1fe07c3e40

Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended by inserting after paragraph (7) the following:
``(8) The Administration may make loans under this subsection
to small business concerns owned and controlled by disabled
veterans (as defined in section 4211(3) of title 38, United States
Code).''.

e6feaf0582dfc84d311ab352b663dda3249257c05065edab9d0a731e4cb06a90

ASSISTANCE.
The Administrator shall take such actions as may be necessary to
ensure that small business concerns owned and controlled by eligible
veterans have access to programs established under the Small Business
Act that provide entrepreneurial training, business development
assistance, counseling, and management assistance to small business
concerns, including, among others, the Small Business Development
Center program and the Service Corps of Retired Executives (SCORE)
program.

19176e96ad58597fd941576b146f8fabfeee3985b12ae95075bde69e8d723ec8

Section 8(b) of the Small Business Act (15 U.S.C. 637(b)) is
amended--
(1) in paragraph (15), by striking ``and'' at the end;
(2) in the first paragraph designated as paragraph (16), by
striking the period at the end and inserting ``; and''; and
(3) by striking the second paragraph designated as paragraph
(16) and inserting the following:
``(17) to make grants to, and enter into contracts and
cooperative agreements with, educational institutions, private
businesses, veterans' nonprofit community-based organizations, and
Federal, State, and local departments and agencies for the
establishment and implementation of outreach programs for disabled
veterans (as defined in section 4211(3) of title 38, United States
Code).''.

39cc0101ade4c0134842ae956276909dc3f5071a767eb30ae5d6eb3f37e8f28f

The Administrator, the Secretary of Veterans Affairs, and the
Assistant Secretary of Labor for Veterans' Employment and Training,
shall develop and implement a program of comprehensive outreach to
assist eligible veterans, which program shall include business training
and management assistance, employment and relocation counseling, and
dissemination of information on veterans' benefits and veterans'
entitlements.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

9bfbafbbac47c178539afa9c705a1c6b9c1d90c65c60e248c301f91a491ae801

Small Business Reauthorization Act of 1997 — S. 1139

Other Sections