[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 921 Agreed to House (ATH)]







110th CONGRESS
  2d Session
H. RES. 921

 Providing for the concurrence by the House in the Senate amendment to 
                     H.R. 4253, with an amendment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2008

Ms. Velazquez submitted the following resolution; which was considered 
                             and agreed to

_______________________________________________________________________

                               RESOLUTION


 
 Providing for the concurrence by the House in the Senate amendment to 
                     H.R. 4253, with an amendment.

    Resolved, That upon the adoption of this resolution the bill (H.R. 
4253) entitled ``An Act to improve and expand small business assistance 
programs for veterans of the armed forces and military reservists, and 
for other purposes'', with the Senate amendment thereto, shall be 
considered to have been taken from the Speaker's table to the end that 
the Senate amendment thereto be, and the same is hereby, agreed to with 
the following amendment:
            In lieu of the matter proposed to be inserted by the 
        amendment of the Senate, insert the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Reservist and Veteran Small 
Business Reauthorization and Opportunity Act of 2008''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
                 TITLE I--VETERANS BUSINESS DEVELOPMENT

Sec. 101. Increased funding for the Office of Veterans Business 
                            Development.
Sec. 102. Interagency task force.
Sec. 103. Permanent extension of SBA Advisory Committee on Veterans 
                            Business Affairs.
Sec. 104. Office of Veterans Business Development.
Sec. 105. Increasing the number of outreach centers.
Sec. 106. Independent study on gaps in availability of outreach 
                            centers.
Sec. 107. Veterans assistance and services program.
                      TITLE II--RESERVIST PROGRAMS

Sec. 201. Reservist programs.
Sec. 202. Reservist loans.
Sec. 203. Noncollateralized loans.
Sec. 204. Loan priority.
Sec. 205. Relief from time limitations for veteran-owned small 
                            businesses.
Sec. 206. Service-disabled veterans.
Sec. 207. Study on options for promoting positive working relations 
                            between employers and their Reserve 
                            Component employees.
Sec. 208. Increased Veteran Participation Program.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``activated'' means receiving an order placing 
        a Reservist on active duty;
            (2) the term ``active duty'' has the meaning given that 
        term in section 101 of title 10, United States Code;
            (3) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively;
            (4) the term ``Reservist'' means a member of a reserve 
        component of the Armed Forces, as described in section 10101 of 
        title 10, United States Code;
            (5) the term ``Service Corps of Retired Executives'' means 
        the Service Corps of Retired Executives authorized by section 
        8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1));
            (6) the terms ``service-disabled veteran'' and ``small 
        business concern'' have the meaning as in section 3 of the 
        Small Business Act (15 U.S.C. 632);
            (7) the term ``small business development center'' means a 
        small business development center described in section 21 of 
        the Small Business Act (15 U.S.C. 648); and
            (8) the term ``women's business center'' means a women's 
        business center described in section 29 of the Small Business 
        Act (15 U.S.C. 656).

                 TITLE I--VETERANS BUSINESS DEVELOPMENT

SEC. 101. INCREASED FUNDING FOR THE OFFICE OF VETERANS BUSINESS 
              DEVELOPMENT.

    (a) In General.--There are authorized to be appropriated to the 
Office of Veterans Business Development of the Administration, to 
remain available until expended--
            (1) $2,100,000 for fiscal year 2008; and
            (2) $2,300,000 for fiscal year 2009.
    (b) Funding Offset.--Amounts necessary to carry out subsection (a) 
shall be offset and made available through the reduction of the 
authorization of funding under section 20(e)(1)(B)(iv) of the Small 
Business Act (15 U.S.C. 631 note).
    (c) Sense of Congress.--It is the sense of Congress that any 
amounts provided pursuant to this section that are in excess of amounts 
provided to the Administration for the Office of Veterans Business 
Development in fiscal year 2007, should be used to support Veterans 
Business Outreach Centers.

SEC. 102. INTERAGENCY TASK FORCE.

    Section 32 of the Small Business Act (15 U.S.C. 657b) is amended--
            (1) by redesignating subsection (c) as (f); and
            (2) by inserting after subsection (b) the following:
    ``(c) Interagency Task Force.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of this subsection, the President shall establish 
        an interagency task force to coordinate the efforts of Federal 
        agencies necessary to improve capital and business development 
        opportunities for, and ensure achievement of the pre-
        established Federal contracting goals for, small business 
        concerns owned and controlled by service-disabled veterans and 
        small business concerns owned and controlled by veterans (in 
        this section referred to as the `task force').
            ``(2) Membership.--The members of the task force shall 
        include--
                    ``(A) the Administrator, who shall serve as 
                chairperson of the task force; and
                    ``(B) a senior level representative from--
                            ``(i) the Department of Veterans Affairs;
                            ``(ii) the Department of Defense;
                            ``(iii) the Administration (in addition to 
                        the Administrator);
                            ``(iv) the Department of Labor;
                            ``(v) the Department of the Treasury;
                            ``(vi) the General Services Administration;
                            ``(vii) the Office of Management and 
                        Budget; and
                            ``(viii) 4 representatives from a veterans 
                        service organization or military organization 
                        or association, selected by the President.
            ``(3) Duties.--The task force shall--
                    ``(A) consult regularly with veterans service 
                organizations and military organizations in performing 
                the duties of the task force; and
                    ``(B) coordinate administrative and regulatory 
                activities and develop proposals relating to--
                            ``(i) improving capital access and capacity 
                        of small business concerns owned and controlled 
                        by service-disabled veterans and small business 
                        concerns owned and controlled by veterans 
                        through loans, surety bonding, and franchising;
                            ``(ii) ensuring achievement of the pre-
                        established Federal contracting goals for small 
                        business concerns owned and controlled by 
                        service-disabled veterans and small business 
                        concerns owned and controlled by veterans 
                        through expanded mentor-protege assistance and 
                        matching such small business concerns with 
                        contracting opportunities;
                            ``(iii) increasing the integrity of 
                        certifications of status as a small business 
                        concern owned and controlled by service-
                        disabled veterans or a small business concern 
                        owned and controlled by veterans;
                            ``(iv) reducing paperwork and 
                        administrative burdens on veterans in accessing 
                        business development and entrepreneurship 
                        opportunities;
                            ``(v) increasing and improving training and 
                        counseling services provided to small business 
                        concerns owned and controlled by veterans; and
                            ``(vi) making other improvements relating 
                        to the support for veterans business 
                        development by the Federal Government.''.

SEC. 103. PERMANENT EXTENSION OF SBA ADVISORY COMMITTEE ON VETERANS 
              BUSINESS AFFAIRS.

    (a) Assumption of Duties.--Section 33 of the Small Business Act (15 
U.S.C. 657c) is amended--
            (1) by striking subsection (h); and
            (2) by redesignating subsections (i) through (k) as 
        subsections (h) through (j), respectively.
    (b) Permanent Extension of Authority.--Section 203 of the Veterans 
Entrepreneurship and Small Business Development Act of 1999 (15 U.S.C. 
657b note) is amended by striking subsection (h).

SEC. 104. OFFICE OF VETERANS BUSINESS DEVELOPMENT.

    Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by 
inserting after subsection (c) (as added by section 102) the following:
    ``(d) Participation in TAP Workshops.--
            ``(1) In general.--The Associate Administrator shall 
        increase veteran outreach by ensuring that Veteran Business 
        Outreach Centers regularly participate, on a nationwide basis, 
        in the workshops of the Transition Assistance Program of the 
        Department of Labor.
            ``(2) Presentations.--In carrying out paragraph (1), a 
        Veteran Business Outreach Center may provide grants to entities 
        located in Transition Assistance Program locations to make 
        presentations on the opportunities available from the 
        Administration for recently separating or separated veterans. 
        Each presentation under this paragraph shall include, at a 
        minimum, a description of the entrepreneurial and business 
        training resources available from the Administration.
            ``(3) Written materials.--The Associate Administrator 
        shall--
                    ``(A) create written materials that provide 
                comprehensive information on self-employment and 
                veterans entrepreneurship, including information on 
                resources available from the Administration on such 
                topics; and
                    ``(B) make the materials created under subparagraph 
                (A) available to the Secretary of Labor for inclusion 
                in the Transition Assistance Program manual.
            ``(4) Reports.--The Associate Administrator shall submit to 
        Congress progress reports on the implementation of this 
        subsection.
    ``(e) Women Veterans Business Training.--The Associate 
Administrator shall--
            ``(1) compile information on existing resources available 
        to women veterans for business training, including resources 
        for--
                    ``(A) vocational and technical education;
                    ``(B) general business skills, such as marketing 
                and accounting; and
                    ``(C) business assistance programs targeted to 
                women veterans; and
            ``(2) disseminate the information compiled under paragraph 
        (1) through Veteran Business Outreach Centers and women's 
        business centers.''.

SEC. 105. INCREASING THE NUMBER OF OUTREACH CENTERS.

    (a) In General.--The Administrator shall use the authority in 
section 8(b)(17) of the Small Business Act (15 U.S.C. 637(b)(17)) to 
ensure that the number of Veterans Business Outreach Centers throughout 
the United States increases--
            (1) subject to subsection (b), by at least 2, for each of 
        fiscal years 2008 and 2009; and
            (2) by the number that the Administrator considers 
        appropriate, based on need, for each fiscal year thereafter.
    (b) Limitation.--Subsection (a)(1) shall apply in a fiscal year if, 
for that fiscal year, the amount made available for the Office of 
Veterans Business Development is more than the amount made available 
for the Office of Veterans Business Development for fiscal year 2007.

SEC. 106. INDEPENDENT STUDY ON GAPS IN AVAILABILITY OF OUTREACH 
              CENTERS.

    The Administrator shall sponsor an independent study on gaps in the 
availability of Veterans Business Outreach Centers across the United 
States, to inform decisions on funding and on the allocation and 
coordination of resources. Not later than 6 months after the date of 
enactment of this Act, the Administrator shall submit to Congress a 
report on the results of the study.

SEC. 107. VETERANS ASSISTANCE AND SERVICES PROGRAM.

    Section 21 of the Small Business Act (15 U.S.C. 648) is amended by 
adding at the end the following:
    ``(n) Veterans Assistance and Services Program.--
            ``(1) In general.--A small business development center may 
        apply for a grant under this subsection to carry out a veterans 
        assistance and services program.
            ``(2) Elements of program.--Under a program carried out 
        with a grant under this subsection, a small business 
        development center shall--
                    ``(A) create a marketing campaign to promote 
                awareness and education of the services of the center 
                that are available to veterans, and to target the 
                campaign toward veterans, service-disabled veterans, 
                military units, Federal agencies, and veterans 
                organizations;
                    ``(B) use technology-assisted online counseling and 
                distance learning technology to overcome the 
                impediments to entrepreneurship faced by veterans and 
                members of the Armed Forces; and
                    ``(C) increase coordination among organizations 
                that assist veterans, including by establishing virtual 
                integration of service providers and offerings for a 
                one-stop point of contact for veterans who are 
                entrepreneurs or owners of small business concerns.
            ``(3) Amount of grants.--A grant under this subsection 
        shall be for not less than $75,000 and not more than $250,000.
            ``(4) Funding.--Subject to amounts approved in advance in 
        appropriations Acts, the Administration may make grants or 
        enter into cooperative agreements to carry out the provisions 
        of this subsection.''.

                      TITLE II--RESERVIST PROGRAMS

SEC. 201. RESERVIST PROGRAMS.

    (a) Application Period.--Section 7(b)(3)(C) of the Small Business 
Act (15 U.S.C. 636(b)(3)(C)) is amended--
            (1) by striking ``90 days'' and inserting ``1 year''; and
            (2) by adding at the end the following: ``The Administrator 
        may, when appropriate (as determined by the Administrator), 
        extend the ending date specified in the preceding sentence by 
        not more than 1 year.''.
    (b) Pre-Consideration Process.--
            (1) Definition.--In this subsection, the term ``eligible 
        Reservist'' means a Reservist who--
                    (A) has not been ordered to active duty;
                    (B) expects to be ordered to active duty during a 
                period of military conflict; and
                    (C) can reasonably demonstrate that the small 
                business concern for which that Reservist is a key 
                employee will suffer economic injury in the absence of 
                that Reservist.
            (2) Establishment.--Not later than 6 months after the date 
        of enactment of this Act, the Administrator shall establish a 
        pre-consideration process, under which the Administrator--
                    (A) may collect all relevant materials necessary 
                for processing a loan to a small business concern under 
                section 7(b)(3) of the Small Business Act (15 U.S.C. 
                636(b)(3)) before an eligible Reservist employed by 
                that small business concern is activated; and
                    (B) shall distribute funds for any loan approved 
                under subparagraph (A) if that eligible Reservist is 
                activated.
    (c) Outreach and Technical Assistance Program.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Administrator, in consultation with 
        the Secretary of Veterans Affairs and the Secretary of Defense, 
        may develop a comprehensive outreach and technical assistance 
        program (in this subsection referred to as the ``program'') 
        to--
                    (A) market the loans available under section 
                7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)) 
                to Reservists, and family members of Reservists, that 
                are on active duty and that are not on active duty; and
                    (B) provide technical assistance to a small 
                business concern applying for a loan under that 
                section.
            (2) Components.--The program shall--
                    (A) incorporate appropriate websites maintained by 
                the Administration, the Department of Veterans Affairs, 
                and the Department of Defense; and
                    (B) require that information on the program is made 
                available to small business concerns directly through--
                            (i) the district offices and resource 
                        partners of the Administration, including small 
                        business development centers, women's business 
                        centers, and the Service Corps of Retired 
                        Executives; and
                            (ii) other Federal agencies, including the 
                        Department of Veterans Affairs and the 
                        Department of Defense.
            (3) Report.--
                    (A) In general.--Not later than 6 months after the 
                date of enactment of this Act, and every 6 months 
                thereafter until the date that is 30 months after such 
                date of enactment, the Administrator shall submit to 
                Congress a report on the status of the program.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall include--
                            (i) for the 6-month period ending on the 
                        date of that report--
                                    (I) the number of loans approved 
                                under section 7(b)(3) of the Small 
                                Business Act (15 U.S.C. 636(b)(3));
                                    (II) the number of loans disbursed 
                                under that section; and
                                    (III) the total amount disbursed 
                                under that section; and
                            (ii) recommendations, if any, to make the 
                        program more effective in serving small 
                        business concerns that employ Reservists.

SEC. 202. RESERVIST LOANS.

    (a) In General.--The Administrator and the Secretary of Defense 
shall develop a joint website and printed materials providing 
information regarding any program for small business concerns that is 
available to veterans or Reservists.
    (b) Marketing.--The Administrator is authorized--
            (1) to advertise and promote the program under section 
        7(b)(3) of the Small Business Act jointly with the Secretary of 
        Defense and veterans' service organizations; and
            (2) to advertise and promote participation by lenders in 
        such program jointly with trade associations for banks or other 
        lending institutions.

SEC. 203. NONCOLLATERALIZED LOANS.

    Section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)) is 
amended by adding at the end the following:
                    ``(G)(i) Notwithstanding any other provision of 
                law, the Administrator may make a loan under this 
                paragraph of not more than $50,000 without collateral.
                    ``(ii) The Administrator may defer payment of 
                principal and interest on a loan described in clause 
                (i) during the longer of--
                            ``(I) the 1-year period beginning on the 
                        date of the initial disbursement of the loan; 
                        and
                            ``(II) the period during which the relevant 
                        essential employee is on active duty.''.

SEC. 204. LOAN PRIORITY.

    Section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)), as 
amended by this Act, is amended by adding at the end the following:
                    ``(H) The Administrator shall give priority to any 
                application for a loan under this paragraph and shall 
                process and make a determination regarding such 
                applications prior to processing or making a 
                determination on other loan applications under this 
                subsection, on a rolling basis.''.

SEC. 205. RELIEF FROM TIME LIMITATIONS FOR VETERAN-OWNED SMALL 
              BUSINESSES.

    Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is 
amended by adding at the end the following:
            ``(5) Relief from time limitations.--
                    ``(A) In general.--Any time limitation on any 
                qualification, certification, or period of 
                participation imposed under this Act on any program 
                that is available to small business concerns shall be 
                extended for a small business concern that--
                            ``(i) is owned and controlled by--
                                    ``(I) a veteran who was called or 
                                ordered to active duty under a 
                                provision of law specified in section 
                                101(a)(13)(B) of title 10, United 
                                States Code, on or after September 11, 
                                2001; or
                                    ``(II) a service-disabled veteran 
                                who became such a veteran due to an 
                                injury or illness incurred or 
                                aggravated in the active military, 
                                naval, or air service during a period 
                                of active duty pursuant to a call or 
                                order to active duty under a provision 
                                of law referred to in subclause (I) on 
                                or after September 11, 2001; and
                            ``(ii) was subject to the time limitation 
                        during such period of active duty.
                    ``(B) Duration.--Upon submission of proper 
                documentation to the Administrator, the extension of a 
                time limitation under subparagraph (A) shall be equal 
                to the period of time that such veteran who owned or 
                controlled such a concern was on active duty as 
                described in that subparagraph.
                    ``(C) Exception for programs subject to federal 
                credit reform act of 1990.--The provisions of 
                subparagraphs (A) and (B) shall not apply to any 
                programs subject to the Federal Credit Reform Act of 
                1990 (2 U.S.C. 661 et seq.).''.

SEC. 206. SERVICE-DISABLED VETERANS.

    Not later than 180 days after the date of enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committee on Small Business and Entrepreneurship of the Senate and the 
Committee on Small Business of the House of Representatives a report 
describing--
            (1) the types of assistance needed by service-disabled 
        veterans who wish to become entrepreneurs; and
            (2) any resources that would assist such service-disabled 
        veterans.

SEC. 207. STUDY ON OPTIONS FOR PROMOTING POSITIVE WORKING RELATIONS 
              BETWEEN EMPLOYERS AND THEIR RESERVE COMPONENT EMPLOYEES.

    (a) Study Required.--The Comptroller General of the United States 
shall conduct a study on options for promoting positive working 
relations between employers and Reserve component employees of such 
employers, including assessing options for improving the time in which 
employers of Reservists are notified of the call or order of such 
members to active duty other than for training.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the appropriate committees of Congress a 
        report on the study conducted under subsection (a).
            (2) Contents.--The report submitted under paragraph (1) 
        shall--
                    (A) provide a quantitative and qualitative 
                assessment of--
                            (i) what measures, if any, are being taken 
                        to inform Reservists of the obligations and 
                        responsibilities of such members to their 
                        employers;
                            (ii) how effective such measures have been; 
                        and
                            (iii) whether there are additional measures 
                        that could be taken to promote positive working 
                        relations between Reservists and their 
                        employers, including any steps that could be 
                        taken to ensure that employers are timely 
                        notified of a call to active duty; and
                    (B) assess whether there has been a reduction in 
                the hiring of Reservists by business concerns because 
                of--
                            (i) any increase in the use of Reservists 
                        after September 11, 2001; or
                            (ii) any change in any policy of the 
                        Department of Defense relating to Reservists 
                        after September 11, 2001.
    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services and the Committee on 
        Small Business and Entrepreneurship of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Small Business of the House of Representatives.

SEC. 208. INCREASED VETERAN PARTICIPATION PROGRAM.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is 
amended by adding at the end the following:
            ``(32) Increased veteran participation program.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `cost' has the meaning given 
                        that term in section 502 of the Federal Credit 
                        Reform Act of 1990 (2 U.S.C. 661a);
                            ``(ii) the term `pilot program' means the 
                        pilot program established under subparagraph 
                        (B); and
                            ``(iii) the term `veteran participation 
                        loan' means a loan made under this subsection 
                        to a small business concern owned and 
                        controlled by veterans of the Armed Forces or 
                        members of the reserve components of the Armed 
                        Forces.
                    ``(B) Establishment.--The Administrator shall 
                establish and carry out a pilot program under which the 
                Administrator shall reduce the fees for veteran 
                participation loans.
                    ``(C) Duration.--The pilot program shall terminate 
                at the end of the second full fiscal year after the 
                date that the Administrator establishes the pilot 
                program.
                    ``(D) Maximum participation.--A veteran 
                participation loan shall include the maximum 
                participation levels by the Administrator permitted for 
                loans made under this subsection.
                    ``(E) Fees.--
                            ``(i) In general.--The fee on a veteran 
                        participation loan shall be equal to 50 percent 
                        of the fee otherwise applicable to that loan 
                        under paragraph (18).
                            ``(ii) Waiver.--The Administrator may waive 
                        clause (i) for a fiscal year if--
                                    ``(I) for the fiscal year before 
                                that fiscal year, the annual estimated 
                                rate of default of veteran 
                                participation loans exceeds that of 
                                loans made under this subsection that 
                                are not veteran participation loans;
                                    ``(II) the cost to the 
                                Administration of making loans under 
                                this subsection is greater than zero 
                                and such cost is directly attributable 
                                to the cost of making veteran 
                                participation loans; and
                                    ``(III) no additional sources of 
                                revenue authority are available to 
                                reduce the cost of making loans under 
                                this subsection to zero.
                            ``(iii) Effect of waiver.--If the 
                        Administrator waives the reduction of fees 
                        under clause (ii), the Administrator--
                                    ``(I) shall not assess or collect 
                                fees in an amount greater than 
                                necessary to ensure that the cost of 
                                the program under this subsection is 
                                not greater than zero; and
                                    ``(II) shall reinstate the fee 
                                reductions under clause (i) when the 
                                conditions in clause (ii) no longer 
                                apply.
                            ``(iv) No increase of fees.--The 
                        Administrator shall not increase the fees under 
                        paragraph (18) on loans made under this 
                        subsection that are not veteran participation 
                        loans as a direct result of the pilot program.
                    ``(F) GAO report.--
                            ``(i) In general.--Not later than 1 year 
                        after the date that the pilot program 
                        terminates, the Comptroller General of the 
                        United States shall submit to the Committee on 
                        Small Business of the House of Representatives 
                        and the Committee on Small Business and 
                        Entrepreneurship of the Senate a report on the 
                        pilot program.
                            ``(ii) Contents.--The report submitted 
                        under clause (i) shall include--
                                    ``(I) the number of veteran 
                                participation loans for which fees were 
                                reduced under the pilot program;
                                    ``(II) a description of the impact 
                                of the pilot program on the program 
                                under this subsection;
                                    ``(III) an evaluation of the 
                                efficacy and potential fraud and abuse 
                                of the pilot program; and
                                    ``(IV) recommendations for 
                                improving the pilot program.''.
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