II 110th CONGRESS 1st Session S. 904 IN THE SENATE OF THE UNITED STATES March 15, 2007 Ms. Snowe (for herself, Mr. Pryor, and Mr. Craig) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To provide additional relief for small business owners ordered to active duty as members of reserve components of the Armed Forces, and for other purposes.

1.

Short title

This Act may be cited as the Veterans Small Business Opportunity Act of 2007.

2.

Definitions

In this Act— (1)the term active duty has the meaning given that term in section 101 of title 10, United States Code; (2)the terms Administration and Administrator means the Small Business Administration and the Administrator thereof, respectively; (3)the term member of the Guard or Reserve means a member of a reserve component of the Armed Forces, as defined in section 101 of title 10, United States Code; (4)the term Secretary means the Secretary of Defense; and (5)the terms service-disabled veteran, small business concern, small business concern owned and controlled by service-disabled veterans, small business concern owned and controlled by veterans, and veteran have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632).

3.

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 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. .

4.

Study on options for promoting positive working relations between employers and their Reserve component employees

(a)

Study Required

The Secretary 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 members of the Guard or Reserve 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 Secretary 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)describe what measures, if any, are being taken to inform members of the Guard or Reserve of the obligations and responsibilities of such members to their employers; (B)how effective such measures have been; and (C)whether there are additional measures that could be taken to promote positive working relations between members of the Guard or Reserve and their employers, including any steps that could be taken to ensure that employers are timely notified of a call to active duty. (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.

5.

Loans

(a)

Guard and reserve loans

(1)

In general

Section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)) is amended— (A)in subparagraph (E), by striking $1,500,000 each place such term appears and inserting $2,000,000; and (B)by adding at the end the following: (G)Notwithstanding any other provision of law, a loan not greater than $25,000 may be made under this paragraph without collateral. . (2)

Loan information

(A)

In general

The Administrator and the Secretary shall develop a joint website and printed materials providing information regarding any program for small business concerns that is available to veterans or Members of the Guard or Reserve. (B)

Marketing

The Administrator is authorized— (i)to advertise and promote the program under section 7(b)(3) of the Small Business Act jointly with the Secretary and veterans’ service organizations; and (ii)to advertise and promote participation by lenders in such program jointly with trade associations for banks or other lending institutions. (b)

Study

(1)

In general

The Administrator and the Secretary shall jointly conduct a study of the feasibility of increasing the utilization of credit unions affiliated with the Department of Defense in programs administered by the Administrator. (2)

Report

Not later than 6 months after the date of enactment of this Act, the Administrator and the Secretary shall submit a joint report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the study conducted under paragraph (1).

6.

Increased funding for the Office of Veterans Business Development

Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by striking subsection (c) and inserting the following: (c)

Authorization of appropriations

There are authorized to be appropriated to carry out subsections (a) and (b), to remain available until expended— (1)$2,000,000 for fiscal year 2008; (2)$2,100,000 for fiscal year 2009; and (3)$2,200,000 for fiscal year 2010. .

7.

Interagency task force

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

Interagency task force

(1)

Establishment

Not later than 90 days after the date of enactment of the Veterans Small Business Opportunity Act of 2007, the President shall establish an interagency task force to coordinate the efforts of Federal agencies necessary to increase capital and business development opportunities for, and increase the award of Federal contracting and subcontracting opportunities to, 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 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 General Services Administration; and (vi)the Office of Management and Budget. (3)

Duties

The task force shall coordinate administrative and regulatory activities and develop proposals relating to— (A)increasing 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; (B)increasing access to Federal contracting and subcontracting for small business concerns owned and controlled by service-disabled veterans and small business concerns owned and controlled by veterans through increased use of contract reservations, expanded mentor-protégé assistance, and matching such small business concerns with contracting opportunities; (C)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; (D)reducing paperwork and administrative burdens on veterans in accessing business development and entrepreneurship opportunities; and (E)making other improvements relating to the support for veterans business development by the Federal Government. (4)

Reporting

The task force shall submit an annual report regarding its activities and proposals to— (A)the Committee on Small Business and Entrepreneurship and the Committee on Veterans' Affairs of the Senate; and (B)the Committee on Small Business and the Committee on Veterans' Affairs of the House of Representatives. .

8.

Veteran-owned business database improvements

(a)

Elimination of duplicative registrations

Not later than 1 year after the date of enactment of this Act, the Administrator and the Secretary of Veterans Affairs shall review any registration database operated by the Administration or the Department of Veterans Affairs (including the Pro-Net database of the Administration, the Vendor Information Pages database of the Department of Veterans Affairs, or any successor to either such database) and take appropriate action to ensure that one-stop online registration for all such databases is available to small business concerns owned and controlled by service-disabled veterans and small business concerns owned and controlled by veterans seeking to participate in Federal contracting and subcontracting. (b)

Certification integrity

The Administrator and the Secretary of Veterans Affairs shall establish criteria for the one-stop online registration described in subsection (a) that are in accordance with the requirements under any provision of law relating to the definitions of, certifications by, or representations of status as a small business concern owned and controlled by service-disabled veterans or a small business concern owned and controlled by veterans.

9.

Business development and mentor-protégé assistance

Section 36 of the Small Business Act (15 U.S.C. 657f) is amended— (1)by redesignating subsection (e) as subsection (g); and (2)by inserting after subsection (d) the following: (e)

Business development and mentor-protégé assistance

(1)

In general

(A)

In general

Subject to subparagraph (B), the Administrator, in cooperation with the Secretary of Veterans Affairs, may develop a program for business development assistance (including mentor-protégé assistance) for small business concerns owned and controlled by service-disabled veterans (in this subsection referred to as the program). (B)

Condition

In implementing the program, the Administrator shall take steps to ensure that the program helps to expand contracting opportunities for small business concerns owned and controlled by service-disabled veterans, while ensuring the continued success of procurement programs for other small business concerns. (2)

Report

Not later than 1 year after the date of enactment of the Veterans Small Business Opportunity Act of 2007, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report regarding— (A)the feasibility of establishing and administering the program; and (B)the terms of assistance and internal controls proposed for the program. .

10.

Compliance with Executive Order 13360

Section 36 of the Small Business Act (15 U.S.C. 657f) is amended by inserting after subsection (e), as added by this Act, the following: (f)

Executive Order 13360

Implementation of this section shall be consistent with the requirements of Executive Order 13360 (69 Fed. Reg. 62549; relating to providing opportunities for service-disabled veteran-owned businesses), as in effect on October 20, 2004. .