II 111th CONGRESS 2d Session S. 3165 IN THE SENATE OF THE UNITED STATES March 25, 2010 Ms. Landrieu (for herself, Ms. Snowe, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To authorize the Administrator of the Small Business Administration to waive the non-Federal share requirement under certain programs.

1.

Short title

This Act may be cited as the Small Business Community Partner Relief Act of 2010.

2.

Matching requirements under small business programs

(a)

Microloan program

Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended— (1)in paragraph (3)(B)— (A)by striking As a condition and inserting the following: (i)

In general

Subject to clause (ii), as a condition ; (B)by striking the Administration and inserting the Administrator; and (C)by adding at the end the following: (ii)

Waiver of non-Federal share

(I)

In general

Upon request by an intermediary, and in accordance with this clause, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under clause (i) for a fiscal year. The Administrator may not waive the requirement for an intermediary to obtain non-Federal funds under this clause for more than a total of 2 fiscal years. (II)

Considerations

In determining whether to waive the requirement to obtain non-Federal funds under this clause, the Administrator shall consider— (aa)the economic conditions affecting the intermediary; (bb)the impact a waiver under this clause would have on the credibility of the microloan program under this subsection; (cc)the demonstrated ability of the intermediary to raise non-Federal funds; and (dd)the performance of the intermediary. (III)

Limitation

The Administrator may not waive the requirement to obtain non-Federal funds under this clause if granting the waiver would undermine the credibility of the microloan program under this subsection. ; and (2)in paragraph (4)(B)— (A)by striking As a condition and all that follows through the Administration shall require and inserting the following: (i)

In general

Subject to clause (ii), as a condition of a grant made under subparagraph (A), the Administrator shall require ; and (B)by adding at the end the following: (ii)

Waiver of non-Federal share

(I)

In general

Upon request by an intermediary, and in accordance with this clause, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under clause (i) for a fiscal year. The Administrator may not waive the requirement for an intermediary to obtain non-Federal funds under this clause for more than a total of 2 fiscal years. (II)

Considerations

In determining whether to waive the requirement to obtain non-Federal funds under this clause, the Administrator shall consider— (aa)the economic conditions affecting the intermediary; (bb)the impact a waiver under this clause would have on the credibility of the microloan program under this subsection; (cc)the demonstrated ability of the intermediary to raise non-Federal funds; and (dd)the performance of the intermediary. (III)

Limitation

The Administrator may not waive the requirement to obtain non-Federal funds under this clause if granting the waiver would undermine the credibility of the microloan program under this subsection. . (b)

Women's business center program

Section 29(c) of the Small Business Act (15 U.S.C. 656(c)) is amended— (1)in paragraph (1), by striking As a condition and inserting Subject to paragraph (5), as a condition; and (2)by adding at the end the following: (5)

Waiver of non-Federal share relating to technical assistance and counseling

(A)

In general

Upon request by a recipient organization, and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under this subsection for the technical assistance and counseling activities of the recipient organization carried out using financial assistance under this section for a fiscal year. The Administrator may not waive the requirement for a recipient organization to obtain non-Federal funds under this paragraph for more than a total of 2 fiscal years. (B)

Considerations

In determining whether to waive the requirement to obtain non-Federal funds under this paragraph, the Administrator shall consider— (i)the economic conditions affecting the recipient organization; (ii)the impact a waiver under this clause would have on the credibility of the women's business center program under this section; (iii)the demonstrated ability of the recipient organization to raise non-Federal funds; and (iv)the performance of the recipient organization. (C)

Limitation

The Administrator may not waive the requirement to obtain non-Federal funds under this paragraph if granting the waiver would undermine the credibility of the women's business center program under this section. .